{"id":"nsw:act-2008-094","name":"Public Health (Tobacco) Act 2008","slug":"public-health-tobacco-act-2008","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"94 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":74945,"registerId":"nsw-act-2008-094-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Public Health (Tobacco) Act 2008](/view/html/inforce/current/act-2008-094).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> > (1) The object of this Act is to reduce the incidence of smoking and other consumption of tobacco products and non-tobacco smoking products, particularly by young people, in recognition of the fact that the consumption of those products adversely impacts on the health of the people of New South Wales and places a substantial burden on the State’s health and financial resources.\n> \n> > (2) This Act aims to achieve that object by—\n> > \n> > > (a) regulating the packaging, advertising and display of tobacco products and non-tobacco smoking products, and\n> > \n> > > (b) prohibiting the supply of tobacco products and non-tobacco smoking products to children, and\n> > \n> > > (c) reducing the exposure of children to environmental tobacco smoke and aerosols or vapours from vaping goods.\n> \n> **s 3:** Am 2015 No 16, Sch 1 \\[1\\] \\[2\\]; 2024 No 94, Sch 4\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) The dictionary in Schedule 2 defines words and expressions used in this Act.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) For the purposes of this Act—\n> > \n> > > (a) every sale that is not a sale by wholesale or otherwise for the purposes of resale is taken to be a sale by retail, and\n> > \n> > > (b) a sale is presumed to be a sale by retail unless it is established that the sale is a sale by wholesale or otherwise for the purposes of resale.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 2010 No 127, Sch 4.18; 2015 No 16, Sch 1 \\[3\\] \\[4\\]; 2015 No 38, Sch 5 \\[2\\]; 2020 No 32, Sch 7\\[1\\]–\\[3\\]; 2024 No 22, Sch 9\\[1\\]; 2024 No 87, Sch 1\\[1\\]; 2024 No 94, Sch 4\\[2\\]; 2025 No 51, Sch 1\\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Tobacco and other smoking products and sales","content":"# Part 2 Tobacco and other smoking products and sales\n\nPart 2 Tobacco and other smoking products and sales","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Tobacco packaging","content":"## Division 1 Tobacco packaging\n\nDivision 1 Tobacco packaging","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5 (Repealed)","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Certain sales prohibited","content":"#### 6 Certain sales prohibited\n\n6 Certain sales prohibited\n\n> > (1) A person must not sell the following—\n> > \n> > > (a) a tobacco product that is not in the package in which it was packed by the manufacturer,\n> > \n> > > (b) cigarettes as individual items or in a package containing fewer than 20 cigarettes,\n> > \n> > > (c) illicit tobacco.\n> > \n> > Maximum penalty—14,000 penalty units or imprisonment for 7 years, or both.\n> \n> > (2) Tobacco is presumed to be for sale if more than the prescribed quantity of tobacco is on premises where tobacco products or other products are sold.\n> \n> > (3) Subsection (1)(a) and (b) do not apply to the sale of single cigars.\n> \n> **s 6:** Am 2016 No 38, Sch 5 \\[3\\]; 2020 No 32, Sch 7\\[4\\]; 2024 No 87, Sch 1\\[2\\]. Subst 2025 No 51, Sch 1\\[3\\].","sortOrder":9},{"sectionNumber":"6A","sectionType":"section","heading":"Possession of commercial quantities of illicit tobacco","content":"#### 6A Possession of commercial quantities of illicit tobacco\n\n6A Possession of commercial quantities of illicit tobacco\n\n> > (1) A person must not possess a quantity of illicit tobacco that is—\n> > \n> > > (a) at least the commercial quantity, and\n> > \n> > > (b) less than 10 times the commercial quantity.\n> > \n> > Maximum penalty—2,800 penalty units or imprisonment for 2 years, or both.\n> \n> > (2) A person must not possess a quantity of illicit tobacco that is—\n> > \n> > > (a) at least 10 times the commercial quantity, and\n> > \n> > > (b) less than 50 times the commercial quantity.\n> > \n> > Maximum penalty—8,400 penalty units or imprisonment for 5 years, or both.\n> \n> > (3) A person must not possess 50 times the commercial quantity or more of illicit tobacco.\n> > \n> > Maximum penalty—14,000 penalty units or imprisonment for 7 years, or both.\n> \n> > (4) In this section—\n> > \n> > commercial quantity means the following—\n> > \n> > > (a) for cigarettes—2,500 cigarettes, or the larger amount prescribed by the regulations,\n> > \n> > > (b) otherwise—2.5kg of product, or the larger amount prescribed by the regulations.\n> \n> **s 6A:** Ins 2025 No 51, Sch 1\\[3\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Packing of tobacco product without health warning prohibited","content":"#### 7 Packing of tobacco product without health warning prohibited\n\n7 Packing of tobacco product without health warning prohibited\n\n> > (1) A person must not pack a tobacco product into a package in which the product is to be sold unless the package is marked with a health warning.\n> > \n> > Maximum penalty—14,000 penalty units or imprisonment for 7 years, or both.\n> \n> > (2) This section does not apply to single cigars.\n> \n> **s 7:** Am 2016 No 38, Sch 5 \\[4\\]; 2020 No 32, Sch 7\\[4\\]; 2024 No 87, Sch 1\\[3\\]. Subst 2025 No 51, Sch 1\\[4\\].","sortOrder":11},{"sectionNumber":"7A","sectionType":"section","heading":null,"content":"#### 7A\n\n7A (Repealed)","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Prohibited words","content":"#### 8 Prohibited words\n\n8 Prohibited words\n\n> > (1) A person must not—\n> > \n> > > (a) pack a tobacco product into a package in which the product is to be sold, or\n> > \n> > > (b) sell a tobacco product in a package,\n> > \n> > if the package is marked with, or accompanied by, any material that contains any prohibited words.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—7,000 penalty units, or\n> > \n> > > (b) for an individual—1,400 penalty units.\n> \n> > (2) For the purposes of this section, the prohibited words are—\n> > \n> > > (a) “non-injurious”, “non-hazardous”and “harmless”, and\n> > \n> > > (b) words of similar import to those specified in paragraph (a), and\n> > \n> > > (c) words that directly or by implication contradict, qualify or modify a health warning that is marked, or required to be marked, on the package.\n> \n> **s 8:** Am 2024 No 87, Sch 1\\[4\\]; 2025 No 51, Sch 1\\[6\\].","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Sale and display of tobacco and other smoking products","content":"## Division 2 Sale and display of tobacco and other smoking products\n\nDivision 2 Sale and display of tobacco and other smoking products","sortOrder":15},{"sectionNumber":"8A","sectionType":"section","heading":null,"content":"#### 8A\n\n8A (Repealed)","sortOrder":16},{"sectionNumber":"9","sectionType":"section","heading":"Display of tobacco products, non-tobacco smoking products and smoking accessories","content":"#### 9 Display of tobacco products, non-tobacco smoking products and smoking accessories\n\n9 Display of tobacco products, non-tobacco smoking products and smoking accessories\n\n> > (1) A person who is the occupier of premises on which tobacco products or non-tobacco smoking products are sold must ensure that members of the public cannot see any of those products, or any smoking accessories, from inside or outside the premises.\n> > \n> > Maximum penalty—100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.\n> \n> > (2) This section does not apply to—\n> > \n> > > (a) the display of tobacco products, non-tobacco smoking products or smoking accessories to a customer of the business concerned at his or her request, or\n> > \n> > > (b) the display of tobacco products, non-tobacco smoking products or smoking accessories by a customer of the business concerned, or\n> > \n> > > (c) the display of tobacco products, non-tobacco smoking products or smoking accessories in such other circumstances as may be prescribed by the regulations as exempt from this section.\n> \n> Note.\n> \n> Lead-in periods for offences under this section are provided for existing businesses (see clause 5 of Schedule 1).","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"Tobacco products, non-tobacco smoking products and smoking accessories to be sold from one place on premises","content":"#### 10 Tobacco products, non-tobacco smoking products and smoking accessories to be sold from one place on premises\n\n10 Tobacco products, non-tobacco smoking products and smoking accessories to be sold from one place on premises\n\n> > (1) The occupier of premises on which tobacco products or non-tobacco smoking products are sold must ensure that those products, and any smoking accessories, are sold from only one point of sale on those premises.\n> > \n> > Maximum penalty—100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.\n> \n> > (2) For the purposes of this section, a point of sale includes a cash register but does not include a tobacco vending machine.","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Sale of tobacco products by certain means and from certain premises prohibited","content":"#### 11 Sale of tobacco products by certain means and from certain premises prohibited\n\n11 Sale of tobacco products by certain means and from certain premises prohibited\n\n> > (1) A person (the vendor) must not carry a tobacco product in any public place for the purpose of the sale of the product by retail to persons in the place.\n> \n> > (2) A person must not cause or permit a vendor to carry a tobacco product in contravention of subsection (1) on premises under the person’s control.\n> \n> > (3) If a vendor contravenes subsection (1)—\n> > \n> > > (a) a person who is the employer of the vendor in the person’s capacity as vendor, or\n> > \n> > > (b) a person who has entered into a contract with the vendor in the performance of which the vendor engaged in the activity that constituted the contravention,\n> > \n> > is also guilty of an offence.\n> \n> > (4) A person must not sell a tobacco product by retail from—\n> > \n> > > (a) any booth, tent or other temporary enclosure (including a market stall or stand), whether or not part of the booth, tent or enclosure is permanent, or\n> > \n> > > (b) any mobile structure, vehicle or vessel.\n> \n> > (5) A person must not cause or permit another person to sell a tobacco product in contravention of subsection (4)—\n> > \n> > > (a) on premises under the person’s control, or\n> > \n> > > (b) on premises being used for a concert or other event organised by the person.\n> \n> Maximum penalty—100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.","sortOrder":20},{"sectionNumber":"Division 3","sectionType":"division","heading":"Tobacco vending machines","content":"## Division 3 Tobacco vending machines\n\nDivision 3 Tobacco vending machines\n\n**pt 2, div 3, hdg:** Am 2015 No 16, Sch 1 \\[6\\]; 2024 No 94, Sch 4\\[4\\].","sortOrder":21},{"sectionNumber":"12","sectionType":"section","heading":"Places where tobacco vending machines may be placed","content":"#### 12 Places where tobacco vending machines may be placed\n\n12 Places where tobacco vending machines may be placed\n\n> > (1) A person who owns or is the lessee of a tobacco vending machine must not place the vending machine, or cause or permit the vending machine to be placed, in any premises in New South Wales for the purpose of the sale of tobacco products or non-tobacco smoking products unless the vending machine is placed in an area of the premises that is—\n> > \n> > > (a) a bar area of a hotel or club premises within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), or\n> > \n> > > (b) a bar area of a casino within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) as applied by the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015), or\n> > \n> > > (c) a gaming machine area within the meaning of the [Gaming Machines Act 2001](/view/html/inforce/current/act-2001-127).\n> \n> > (2) A person who owns or is the lessee of a tobacco vending machine must not place the vending machine, or cause or permit the vending machine to be placed, in any of the following premises in New South Wales for the purpose of the sale of tobacco products or non-tobacco smoking products if, as a result, more than one tobacco vending machine would be situated on those premises—\n> > \n> > > (a) a hotel (within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090)),\n> > \n> > > (b) club premises (within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090)),\n> > \n> > > (c) a casino (within the meaning of the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015)), including premises to be considered to form part of the casino by an order under section 89 (3) of that Act.\n> \n> Maximum penalty—100 penalty units, in the case of an individual and 500 penalty units, in any other case.\n> \n> Note.\n> \n> Continuing offences against subsections (1) and (2) are dealt with in section 52.\n> \n> Note.\n> \n> Lead-in periods for offences under this section are provided in relation to tobacco vending machines already situated in premises (see clause 6 of Schedule 1).\n> \n> **s 12:** Am 2015 No 16, Sch 1 \\[7\\]; 2024 No 94, Sch 4\\[5\\].","sortOrder":22},{"sectionNumber":"13","sectionType":"section","heading":"Operation of tobacco vending machines to be controlled by staff","content":"#### 13 Operation of tobacco vending machines to be controlled by staff\n\n13 Operation of tobacco vending machines to be controlled by staff\n\n> A person who owns or is the lessee of a tobacco vending machine must not place the vending machine, or arrange for or permit the vending machine to be placed, in any premises in New South Wales for the purpose of the sale of tobacco products or non-tobacco smoking products unless—\n> \n> > (a) the vending machine can only be activated by a member of staff of the hotel, club or casino in which the vending machine is situated, whether by remote control or some other means, or\n> \n> > (b) a person intending to obtain products from the vending machine is required to use a vending machine token that is only available from a member of staff of the hotel, club or casino in which the vending machine is situated.\n> \n> Maximum penalty—100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.\n> \n> Note.\n> \n> Part 4 (Protection of juveniles) contains offences relating to the supply of tokens for vending machines to minors.\n> \n> Note.\n> \n> Continuing offences against this section are dealt with in section 52.\n> \n> Note.\n> \n> Lead-in periods for offences under this section are provided in relation to tobacco vending machines already situated in premises. (See clause 6 of Schedule 1.)\n> \n> **s 13:** Am 2015 No 16, Sch 1 \\[8\\]; 2024 No 94, Sch 4\\[5\\] \\[6\\].","sortOrder":23},{"sectionNumber":"14","sectionType":"section","heading":"Regulation of product display on tobacco vending machines","content":"#### 14 Regulation of product display on tobacco vending machines\n\n14 Regulation of product display on tobacco vending machines\n\n> > (1) A person who owns or is the lessee of a tobacco vending machine situated in premises in New South Wales for the purpose of the sale of tobacco products or non-tobacco smoking products must ensure that a statement in the form (if any) prescribed by the regulations is kept conspicuously displayed on the front of the vending machine.\n> \n> > (2) A person who owns or is the lessee of a tobacco vending machine in New South Wales must ensure that—\n> > \n> > > (a) the tobacco products contained in the vending machine are not displayed so as to be in view of members of the public, and\n> > \n> > > (b) no information about tobacco products, or representation of a tobacco product or package of a tobacco product, is displayed on the vending machine other than permissible information.\n> \n> > (3) For the purposes of this section, permissible information that may be displayed on a tobacco vending machine is—\n> > \n> > > (a) any information, statement or symbol required by law to be displayed on the vending machine, and\n> > \n> > > (b) the name and description of the tobacco products for sale in the vending machine, and their price, displayed in black writing on a white background and in letters or figures of not more than 1 centimetre in width and 1 centimetre in height.\n> \n> Maximum penalty—100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.\n> \n> **s 14:** Am 2015 No 16, Sch 1 \\[9\\]; 2024 No 94, Sch 4\\[5\\] \\[7\\].","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"Responsibilities of occupiers for vending machines","content":"#### 15 Responsibilities of occupiers for vending machines\n\n15 Responsibilities of occupiers for vending machines\n\n> > (1) If the owner or lessee of a tobacco vending machine contravenes a provision of this Division in relation to the tobacco vending machine, the occupier of the premises on which the vending machine was situated at the time of the contravention is taken to have contravened the same provision unless the occupier proves that—\n> > \n> > > (a) the vending machine was placed on the premises in compliance with this Division and the occupier could not by the exercise of due diligence have prevented the contravention, or\n> > \n> > > (b) the vending machine was placed and retained on the premises without the occupier’s knowledge or consent.\n> \n> > (2) If a person sells or displays tobacco products or non-tobacco smoking products by means of a tobacco vending machine in contravention of a provision of this Act, the occupier of the premises on which the vending machine was situated at the time of the contravention is taken to have contravened the same provision unless the occupier proves that—\n> > \n> > > (a) the vending machine was placed on the premises in compliance with this Division and the occupier could not by the exercise of due diligence have prevented the contravention, or\n> > \n> > > (b) the vending machine was placed and retained on the premises without the occupier’s knowledge or consent.\n> \n> > (3) The occupier of premises may be proceeded against and convicted under a provision of this Act by virtue of this section whether or not the owner or lessee of the tobacco vending machine, or person who sold or displayed the tobacco products or non-tobacco smoking products, has been proceeded against or convicted under the provision.\n> \n> > (4) This section is not affected by the terms of any agreement or other arrangement with respect to the use or operation of the tobacco vending machine or the sale or display of tobacco products or non-tobacco smoking products by means of the machine (including an agreement or other arrangement entered into before the commencement of this section).\n> \n> **s 15:** Am 2015 No 16, Sch 1 \\[10\\] \\[11\\]; 2024 No 94, Sch 4\\[8\\]–\\[11\\].","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Advertising and promotion of tobacco products","content":"# Part 3 Advertising and promotion of tobacco products\n\nPart 3 Advertising and promotion of tobacco products\n\n**pt 3, hdg:** Am 2015 No 16, Sch 1 \\[12\\]; 2024 No 94, Sch 4\\[12\\].","sortOrder":26},{"sectionNumber":"15A","sectionType":"section","heading":null,"content":"#### 15A\n\n15A (Repealed)","sortOrder":27},{"sectionNumber":"16","sectionType":"section","heading":"Certain advertising prohibited","content":"#### 16 Certain advertising prohibited\n\n16 Certain advertising prohibited\n\n> > (1) A person must not, in New South Wales and for any direct or indirect benefit, display a tobacco advertisement in, or so that it can be seen or heard from, a public place or a place prescribed by the regulations.\n> \n> > (2) A person must not, in New South Wales—\n> > \n> > > (a) distribute to the public any unsolicited object that constitutes or contains a tobacco advertisement, or\n> > \n> > > (b) sell, hire or supply for any direct or indirect benefit any object to any person (other than a person, or the employee of a person, who is a manufacturer, distributor or retailer of a tobacco product) if the object constitutes or contains a tobacco advertisement.\n> \n> > (3) This section does not apply in relation to any of the following—\n> > \n> > > (a) anything done by means of a radio or television broadcast,\n> > \n> > > (b) a tobacco advertisement in or on a newspaper or book—\n> > > \n> > > > (i) printed and published outside New South Wales, or\n> > > \n> > > > (ii) printed and published before 17 December 1991,\n> > > \n> > > unless the sole or main purpose of the newspaper or book is the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) a tobacco advertisement that is an incidental accompaniment to the subject of a film, video tape or live stage performance unless the sole or main purpose of the film, video tape or performance is the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product,\n> > \n> > > (e) the display of retail prices and names of tobacco products within a retail outlet,\n> > \n> > > (f) an invoice, statement, order, letterhead, business card, cheque, manual or other document that is ordinarily used in the course of the business of a manufacturer or distributor of a tobacco product.\n> \n> > (4) (Repealed)\n> \n> > (5) In any proceedings for an offence under this section, if there is present in the relevant tobacco advertisement, or the relevant object alleged to constitute or contain a tobacco advertisement—\n> > \n> > > (a) the name of a person who manufactures or distributes any tobacco product, or\n> > \n> > > (b) a trademark of which a person who manufactures or distributes any tobacco product is the registered owner or the authorised user within the meaning of the [Trade Marks Act 1995](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (c) a brand name, used by a person who manufactures or distributes any tobacco product,\n> > \n> > it is to be presumed, until the contrary is proved, that that person displayed the tobacco advertisement, or distributed, sold, hired or supplied the object, for a direct or indirect benefit.\n> \n> > (6) In any proceedings for an offence under this section, if the thing that is alleged to constitute a tobacco advertisement contains the trademark or brand name of a tobacco product, it is to be presumed, until the contrary is proved, to be designed to promote or publicise the tobacco product to which it relates.\n> \n> > (7) In this section—\n> > \n> > book includes any printed material in any language.\n> > \n> > newspaper includes a copy of any magazine, journal or periodical or a copy of any other publication that contains—\n> > \n> > > (a) news, information or reports of events, or\n> > \n> > > (b) remarks, observations or comments about any news, information or events or about any other matter of interest to the public or to any section of the public,\n> > \n> > that is printed in any language and published at regular or irregular intervals.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or\n> \n> > (b) in the case of a corporation, 6,000 penalty units for a first offence or 10,000 penalty units for a second or subsequent offence.\n> \n> Note.\n> \n> Continuing offences against this section are dealt with in section 52.\n> \n> Note.\n> \n> Schedule 2.4 repeals subsections (3) (c) and (4) on a proclaimed day.\n> \n> **s 16:** Am 2008 No 94, Sch 2.4; 2024 No 87, Sch 1\\[5\\].","sortOrder":29},{"sectionNumber":"16E","sectionType":"section","heading":"Display of retail prices and names of tobacco products prohibited","content":"#### 16E Display of retail prices and names of tobacco products prohibited\n\n16E Display of retail prices and names of tobacco products prohibited\n\n> > (1) A person must not, in New South Wales, display the retail prices or names of tobacco products in, or so that the display can be seen from, any of the following—\n> > \n> > > (a) a public place,\n> > \n> > > (b) a place prescribed by the regulations.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—500 penalty units, or\n> > \n> > > (b) for an individual—100 penalty units.\n> \n> > (2) Subsection (1) does not apply to the display of the retail prices or names of tobacco products within a retail outlet if the prices and names are displayed in a way that complies with any requirements for the display of retail prices and names of tobacco products prescribed by the regulations.\n> \n> **s 16E:** Ins 2024 No 87, Sch 1\\[6\\].","sortOrder":30},{"sectionNumber":"17","sectionType":"section","heading":"Tobacco products promotions involving prizes or gifts","content":"#### 17 Tobacco products promotions involving prizes or gifts\n\n17 Tobacco products promotions involving prizes or gifts\n\n> > (1) A person must not, in connection with the sale of a tobacco product or for the purpose of promoting the sale of a tobacco product, supply (whether from inside or outside New South Wales) to a person in New South Wales—\n> > \n> > > (a) a prize, gift or other benefit, or\n> > \n> > > (b) a stamp, coupon, token, voucher, ticket or other thing by virtue of which any person may become entitled to, or may qualify for, a prize, gift or other benefit (whether that entitlement or qualification is absolute or conditional).\n> \n> > (2) Subsection (1) applies whether or not the person supplied with the benefit or thing concerned is a purchaser of a tobacco product.\n> \n> > (3) Subsection (1) does not apply to the supply of a benefit or thing to a person who is, or is the employee of—\n> > \n> > > (a) a manufacturer or distributor of tobacco products, or\n> > \n> > > (b) a retailer of tobacco products, unless it is established that the benefit or thing was supplied for resupply to persons who purchase tobacco products from the retailer.\n> \n> > (4) A benefit or thing supplied to a tobacco retailer, or an employee of a tobacco retailer, that is actually resupplied to a purchaser of tobacco products from the retailer (or any employee of the retailer) is taken, for the purposes of subsection (3) (b), to have been so supplied for resupply to such a purchaser.\n> \n> > (5) A person must not, in connection with the sale of a tobacco product or for the purpose of promoting the sale of a tobacco product, conduct (whether from inside or outside New South Wales) a scheme—\n> > \n> > > (a) declared by the regulations to be a scheme to promote the sale of a tobacco product or to promote smoking generally, and\n> > \n> > > (b) the whole or any part of which is implemented in New South Wales.\n> \n> > (6) It is a defence in proceedings for an offence under this section to prove that the benefit or thing supplied was only incidentally connected with the purchase of a tobacco product and that equal opportunity to receive that benefit or thing and to buy products other than tobacco products was afforded generally to persons who purchased products, whether or not they were tobacco products.\n> \n> > (7) It is no defence in any such proceedings to prove that the benefit or thing concerned was of negligible or no value.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or\n> \n> > (b) in the case of a corporation, 6,000 penalty units for a first offence or 10,000 penalty units for a second or subsequent offence.\n> \n> Note.\n> \n> Continuing offences against subsection (1) are dealt with in section 52.","sortOrder":31},{"sectionNumber":"18","sectionType":"section","heading":"Shopper loyalty programs","content":"#### 18 Shopper loyalty programs\n\n18 Shopper loyalty programs\n\n> > (1) A person must not implement or conduct a shopper loyalty program.\n> > \n> > Maximum penalty—100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.\n> \n> > (2) In this section, a shopper loyalty program means any of the following programs—\n> > \n> > > (a) a program under which a gift or other benefit may be obtained by a purchaser of tobacco products or non-tobacco smoking products on the basis of the amount or type of those products purchased, regardless of whether the program extends to the purchase of other products or goods,\n> > \n> > > (b) a program under which a purchaser of goods or products may be entitled to a gift of tobacco products or non-tobacco smoking products, regardless of whether the purchaser may choose to accept another type of gift instead.\n> \n> > (3) However, a shopper loyalty program does not include the following—\n> > \n> > > (a) any program under which a gift or other benefit may be obtained by a purchaser of goods on the basis of the method of payment used, such as the use of a particular credit card,\n> > \n> > > (b) any program conducted by a manufacturer or distributor of tobacco products or non-tobacco smoking products where the gift or other benefit provided under the program is provided to a retailer of such products for the use of the retailer and is not intended for resupply.","sortOrder":32},{"sectionNumber":"19","sectionType":"section","heading":"Free samples","content":"#### 19 Free samples\n\n19 Free samples\n\n> A person must not, for the purpose of inducing or promoting the sale of a tobacco product, offer, give or distribute to another person (not being a person who is, or is the employee of, a manufacturer, distributor or retailer of a tobacco product) a free tobacco product.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or\n> \n> > (b) in the case of a corporation, 6,000 penalty units for a first offence or 10,000 penalty units for a second or subsequent offence.\n> \n> Note.\n> \n> Continuing offences against this section are dealt with in section 52.","sortOrder":33},{"sectionNumber":"20","sectionType":"section","heading":"Prohibition of sponsorships","content":"#### 20 Prohibition of sponsorships\n\n20 Prohibition of sponsorships\n\n> > (1) A person must not promote or publicise, or agree to promote or publicise, in New South Wales any of the following under a contract, or an arrangement (whether or not legally binding), under which a sponsorship is provided, or to be provided, by another person—\n> > \n> > > (a) a tobacco product or a trademark or brand name of a tobacco product,\n> > \n> > > (b) the name or interests of a manufacturer or distributor of a tobacco product (whether or not that manufacturer or distributor also manufactures or distributes a product other than the tobacco product) in association directly or indirectly with the tobacco product.\n> \n> > (2) A person must not provide, or agree to provide, a sponsorship under a contract or arrangement of a kind referred to in subsection (1).\n> \n> > (3) For the purposes of subsection (1) (b), the name or interests of a manufacturer or distributor of a tobacco product are taken to be in association directly or indirectly with the tobacco product if that name or those interests are commonly associated by members of the public in New South Wales with the tobacco product.\n> \n> > (4) In this section, sponsorship includes—\n> > \n> > > (a) any scholarship, prize, gift or other benefit, and\n> > \n> > > (b) any financial arrangement (other than a genuine contract of employment or a genuine contract for services) for the direction, promotion or publicity of one or more of the matters referred to in subsection (1) (a) and (b) through the medium of sporting, arts, youth, educational or other like activities.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or\n> \n> > (b) in the case of a corporation, 6,000 penalty units for a first offence or 10,000 penalty units for a second or subsequent offence.\n> \n> Note.\n> \n> Continuing offences against this section are dealt with in section 52.","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Smokeless tobacco, confectionery and toys","content":"#### 21 Smokeless tobacco, confectionery and toys\n\n21 Smokeless tobacco, confectionery and toys\n\n> > (1) A person must not manufacture or sell in New South Wales a tobacco product designed for consumption otherwise than by smoking.\n> \n> > (1A) For the purposes of subsection (1), a quantity of tobacco product that exceeds the amount prescribed by the regulations is presumed to be for the purposes of sale if—\n> > \n> > > (a) it is on premises where tobacco products are being sold, and\n> > \n> > > (b) it is a tobacco product designed for consumption otherwise than by smoking.\n> \n> > (1B) The presumption referred to in subsection (1A) is rebuttable.\n> \n> > (2) Subsection (1) does not apply to the manufacture or sale of any mixture or product, or mixture or product of a class, prescribed by the regulations if the manufacture or sale occurred in the circumstances prescribed by the regulations.\n> \n> > (3) A person must not sell—\n> > \n> > > (a) any confectionery or other food, or\n> > \n> > > (b) any toy, amusement or other product,\n> > \n> > that resembles a tobacco product or is packaged to resemble a tobacco product.\n> \n> Maximum penalty—\n> \n> > (a) in the case of an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or\n> \n> > (b) in the case of a corporation, 1,000 penalty units for a first offence or 2,000 penalty units for a second or subsequent offence.\n> \n> Note.\n> \n> Continuing offences against subsection (1) are dealt with in section 52.\n> \n> **s 21:** Am 2020 No 32, Sch 7\\[5\\].","sortOrder":35},{"sectionNumber":"21A","sectionType":"section","heading":"Powers of inspector to seize and dispose of smokeless tobacco products","content":"#### 21A Powers of inspector to seize and dispose of smokeless tobacco products\n\n21A Powers of inspector to seize and dispose of smokeless tobacco products\n\n> > (1) An inspector may seize a tobacco product that the inspector reasonably believes is for sale in contravention of section 21(1) if—\n> > \n> > > (a) it is on premises where tobacco products are being sold, and\n> > \n> > > (b) the quantity of tobacco product exceeds the amount prescribed by the regulations for the purposes of section 21(1A).\n> \n> > (2) A tobacco product seized under this section may, at the option of the inspector who made the seizure or of an inspector acting in place of that inspector, be detained in the place, vehicle or vessel where it was found or be removed to another place and detained there.\n> \n> > (3) If the tobacco product is to be detained in the place, vehicle or vessel where it was found, the inspector may—\n> > \n> > > (a) place it in a room, compartment or cabinet in that place, vehicle or vessel, and\n> > \n> > > (b) mark, fasten and seal the door or opening providing access to that room, compartment or cabinet.\n> \n> > (4) A person must not retake or attempt to retake a tobacco product seized under this section or resist or attempt to prevent a seizure.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or\n> > \n> > > (b) for a corporation, 1,000 penalty units for a first offence or 2,000 penalty units for a second or subsequent offence.\n> \n> > (5) The seizure of tobacco products under this section does not subject the State, the Minister, the Secretary, an inspector or another person to any action, liability, claim or demand.\n> \n> > (6) Tobacco products seized under this section must be returned to the person from whom they were seized, or to another person who appears to the inspector to be entitled to them, if—\n> > \n> > > (a) the person from whom they were seized makes an application to the Secretary within 28 days after seizure to have the tobacco products returned, and\n> > \n> > > (b) the Secretary is satisfied that the tobacco products were, at the time they were seized, for personal use and not in the person’s possession, custody or control for the purposes of sale.\n> \n> > (7) An inspector is required to dispose of tobacco products seized under this section in a manner that the inspector considers appropriate if—\n> > \n> > > (a) the person from whom they were seized makes an application to the Secretary within 28 days after seizure to have the tobacco products returned and the Secretary is satisfied that the tobacco products were, at the time they were seized, not for personal use but in the person’s possession, custody or control for the purposes of sale, or\n> > \n> > > (b) the person from whom the tobacco products were seized does not make an application under subsection (6).\n> \n> > (8) A person who is not an inspector may exercise the functions of an inspector under this section if the person—\n> > \n> > > (a) is appointed as an inspector under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031), and\n> > \n> > > (b) is on the premises in accordance with that Act.\n> \n> **s 21A:** Ins 2020 No 32, Sch 7\\[6\\]. Am 2023 No 37, Sch 8\\[2\\].","sortOrder":36},{"sectionNumber":"Part 4","sectionType":"part","heading":"Protection of juveniles","content":"# Part 4 Protection of juveniles\n\nPart 4 Protection of juveniles","sortOrder":37},{"sectionNumber":"22","sectionType":"section","heading":"Sale of tobacco and non-tobacco smoking products to minors","content":"#### 22 Sale of tobacco and non-tobacco smoking products to minors\n\n22 Sale of tobacco and non-tobacco smoking products to minors\n\n> > (1) A person must not sell a tobacco product to a person who is under the age of 18 years.\n> \n> > (2) A person must not sell a non-tobacco smoking product to a person who is under the age of 18 years.\n> \n> > (2A) (Repealed)\n> \n> > (2B) A person who contravenes this section is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—\n> > > \n> > > > (i) 1,000 penalty units for a first offence, and\n> > > \n> > > > (ii) 2,000 penalty units for a second or subsequent offence, or\n> > \n> > > (b) for an individual—\n> > > \n> > > > (i) 200 penalty units for a first offence, and\n> > > \n> > > > (ii) 1,000 penalty units for a second or subsequent offence.\n> \n> > (3) It is a defence to a prosecution for an offence under this section if the court is satisfied that—\n> > \n> > > (a) the person to whom the tobacco product or non-tobacco smoking product was sold was over the age of 14 years at the time of the sale, and\n> > \n> > > (b) at or before the time of the sale there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person to whom the tobacco product or non-tobacco smoking product was sold and as proving that the person was at least 18 years of age.\n> \n> > (4) In this section—\n> > \n> > authorised product means a device or accessory (other than a device or accessory of a kind excluded by the regulations) that is—\n> > \n> > > (a) a therapeutic good (as defined in the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth)—\n> > > \n> > > > (i) registered in the Australian Register of Therapeutic Goods maintained under section 9A of that Act, or\n> > > \n> > > > (ii) the subject of an approval or authority under section 19 of that Act, or\n> > \n> > > (b) supplied under a licence or authority in force under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) or the regulations under that Act.\n> \n> **s 22:** Am 2015 No 16, Sch 1 \\[14\\]–\\[16\\]; 2024 No 87, Sch 1\\[7\\]; 2024 No 94, Sch 4\\[14\\]–\\[16\\].","sortOrder":39},{"sectionNumber":"23","sectionType":"section","heading":"Purchasing tobacco products or non-tobacco smoking products on behalf of minors","content":"#### 23 Purchasing tobacco products or non-tobacco smoking products on behalf of minors\n\n23 Purchasing tobacco products or non-tobacco smoking products on behalf of minors\n\n> > (1) A person of or above the age of 18 years must not purchase, on behalf of a person under the age of 18 years, a tobacco product or non-tobacco smoking product from premises where such products are sold.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) It is a defence to a prosecution for an offence under this section if the court is satisfied that—\n> > \n> > > (a) the person on whose behalf the relevant product was purchased was over the age of 14 years, and\n> > \n> > > (b) at or before the time the relevant product was purchased there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person and as proving that the person was at least 18 years of age.\n> \n> > (3) (Repealed)\n> \n> **s 23:** Am 2015 No 16, Sch 1 \\[17\\] \\[18\\]; 2024 No 94, Sch 4\\[17\\]–\\[19\\].","sortOrder":40},{"sectionNumber":"24","sectionType":"section","heading":"Supplying vending machine tokens to minors and activating tobacco vending machines for minors","content":"#### 24 Supplying vending machine tokens to minors and activating tobacco vending machines for minors\n\n24 Supplying vending machine tokens to minors and activating tobacco vending machines for minors\n\n> > (1) A manager or member of staff of premises on which a tobacco vending machine is situated must not supply a vending machine token to a person who is under the age of 18 years or activate a tobacco vending machine for a person under the age of 18 years.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of an individual, 100 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or\n> > \n> > > (b) in the case of a corporation, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.\n> \n> > (2) It is a defence to a prosecution for an offence under this section if the court is satisfied that—\n> > \n> > > (a) the person to whom the relevant token was supplied or for whom the tobacco vending machine was activated was over the age of 14 years, and\n> > \n> > > (b) at or before the time the relevant token was supplied or tobacco vending machine was activated there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person and as proving that the person was at least 18 years of age.\n> \n> **s 24:** Am 2015 No 16, Sch 1 \\[19\\] \\[20\\]; 2024 No 94, Sch 4\\[20\\]–\\[22\\].","sortOrder":41},{"sectionNumber":"25","sectionType":"section","heading":"Obtaining vending machine tokens on behalf of minors","content":"#### 25 Obtaining vending machine tokens on behalf of minors\n\n25 Obtaining vending machine tokens on behalf of minors\n\n> > (1) A person of or above the age of 18 years must not obtain, on behalf of a person under the age of 18 years, a vending machine token.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) It is a defence to a prosecution for an offence under this section if the court is satisfied that—\n> > \n> > > (a) the person on whose behalf the relevant token was obtained was over the age of 14 years, and\n> > \n> > > (b) at or before the time the relevant token was obtained there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person and as proving that the person was at least 18 years of age.\n> \n> **s 25:** Am 2015 No 16, Sch 1 \\[21\\].","sortOrder":42},{"sectionNumber":"26","sectionType":"section","heading":"Seizure of tobacco products or non-tobacco smoking products in possession of minors","content":"#### 26 Seizure of tobacco products or non-tobacco smoking products in possession of minors\n\n26 Seizure of tobacco products or non-tobacco smoking products in possession of minors\n\n> > (1) A police officer may seize a tobacco product or non-tobacco smoking product in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under the age of 18 years.\n> \n> > (2) Any tobacco product or non-tobacco smoking product seized under subsection (1) is forfeited to the Crown.\n> \n> > (3) A tobacco product or non-tobacco smoking product may be seized under subsection (1) from a person’s possession even though the person is under the age of criminal responsibility.\n> \n> > (4) The regulations may make provision for or with respect to the following—\n> > \n> > > (a) the procedure to be followed for the seizure of tobacco products or non-tobacco smoking products under subsection (1),\n> > \n> > > (b) without limiting paragraph (a), prescribing the circumstances in which, and the procedure by which, tobacco products or non-tobacco smoking products seized under this section are to be returned.\n> \n> **s 26:** Am 2015 No 16, Sch 1 \\[22\\]; 2024 No 94, Sch 4\\[23\\]–\\[25\\].","sortOrder":43},{"sectionNumber":"27","sectionType":"section","heading":"Evidence of age","content":"#### 27 Evidence of age\n\n27 Evidence of age\n\n> For the purposes of sections 22 (3), 23 (2), 24 (2) and 25 (2), documentary evidence includes an evidence of age document within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090).","sortOrder":44},{"sectionNumber":"28","sectionType":"section","heading":"Liability of employers","content":"#### 28 Liability of employers\n\n28 Liability of employers\n\n> > (1) If an employee contravenes section 22 or 24, the employer is taken to have contravened that section (whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions).\n> \n> > (2) It is a defence to a prosecution against an employer for such a contravention if it is established—\n> > \n> > > (a) that the employer had no prior knowledge of the contravention, and\n> > \n> > > (b) that the employer could not, by the exercise of due diligence, have prevented the contravention.\n> \n> > (3) An employer may be proceeded against and convicted under section 22 or 24 by virtue of this section whether or not the employee has been proceeded against or convicted under that provision.\n> \n> > (4) For the purposes of this section, any person who authorised a person who contravenes section 22 to sell tobacco products or non-tobacco smoking products as the person’s agent is taken to be an employer of a person who contravenes section 22.\n> \n> **s 28:** Am 2015 No 16, Sch 1 \\[23\\]; 2024 No 94, Sch 4\\[26\\].","sortOrder":45},{"sectionNumber":"29","sectionType":"section","heading":"Prohibited tobacco products","content":"#### 29 Prohibited tobacco products\n\n29 Prohibited tobacco products\n\n> > (1) The Minister may, by notice published in the Gazette, declare that a tobacco product, or a class of tobacco products, specified in the notice is a prohibited tobacco product or are prohibited tobacco products.\n> \n> > (2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that the tobacco product or products, or the smoke of the product or products, has a distinctive fruity, sweet or confectionery-like character that might encourage a minor to smoke.\n> \n> > (3) The Minister may, by further notice published in the Gazette, vary or revoke a notice under this section.\n> \n> > (4) A person must not sell a prohibited tobacco product.\n> > \n> > Maximum penalty (subsection (4)): 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.\n> \n> Editorial note.\n> \n> For notices under this section, see Gazettes No 11 of 15.1.2010, p 136 and No 135 of 17.12.2010, p 5910. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.","sortOrder":47},{"sectionNumber":"30","sectionType":"section","heading":"Smoking in motor vehicle prohibited if juvenile present","content":"#### 30 Smoking in motor vehicle prohibited if juvenile present\n\n30 Smoking in motor vehicle prohibited if juvenile present\n\n> > (1) A person must not smoke in a motor vehicle that is on a road or road related area if there is a person under the age of 16 years present in the vehicle.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) The driver of a motor vehicle in which a person is smoking in contravention of subsection (1) is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) The driver may be proceeded against and convicted of an offence against subsection (2) whether or not the person who was smoking has been proceeded against or convicted of an offence under subsection (1).\n> \n> > (4) It is a defence to a prosecution for an offence under subsection (1) if the court is satisfied that, when the defendant was smoking, the defendant believed on reasonable grounds that no person in the motor vehicle was under the age of 16 years.\n> \n> > (5) It is a defence to a prosecution for an offence under subsection (2) if the court is satisfied that the defendant believed on reasonable grounds that, when the person who contravened subsection (1) was smoking, no person in the motor vehicle was under the age of 16 years.\n> \n> > (6) For the purposes of investigating whether an offence has been committed against this section, a police officer may do any or all of the following—\n> > \n> > > (a) direct the driver of a motor vehicle to stop the vehicle,\n> > \n> > > (b) require the driver of a motor vehicle who the police officer reasonably suspects has committed an offence against this section to produce his or her driver licence (within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) and state his or her name and home address,\n> > \n> > > (c) require a passenger in a motor vehicle who the police officer reasonably suspects has committed an offence against this section to state his or her name and home address.\n> \n> > (7) If it is established in any proceedings for an offence against this section that at the time of the alleged commission of the offence there was present in the motor vehicle concerned a person who appeared to be under the age of 16 years, it is to be presumed in the absence of evidence to the contrary that the person was under the age of 16 years.\n> \n> > (8) In this section—\n> > \n> > drive has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > driver of a motor vehicle means any person driving the vehicle.\n> > \n> > motor vehicle has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), but does not include a public passenger vehicle within the meaning of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> > \n> > road or road related area has the same meaning as in section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > smoke means—\n> > \n> > > (a) for a tobacco product or non-tobacco smoking product—to use, consume, hold or otherwise have control over the tobacco product or non-tobacco smoking product when the product is ignited, or\n> > \n> > > (b) for a vaping good—to use, consume, hold or otherwise have control over the vaping good that is generating or releasing, whether or not by burning, smoke or an aerosol or vapour.\n> \n> **s 30:** Am 2013 No 19, Sch 4.67 \\[1\\]–\\[3\\]; 2015 No 16, Sch 1 \\[24\\]; 2024 No 87, Sch 1\\[8\\]; 2024 No 94, Sch 4\\[27\\].","sortOrder":48},{"sectionNumber":"Part 5","sectionType":"part","heading":"Restrictions on tobacco retailing","content":"# Part 5 Restrictions on tobacco retailing\n\nPart 5 Restrictions on tobacco retailing\n\n**pt 5, hdg:** Am 2018 No 13, Sch 2 \\[1\\]; 2024 No 94, Sch 4\\[28\\].","sortOrder":49},{"sectionNumber":"31","sectionType":"section","heading":"Definitions","content":"#### 31 Definitions\n\n31 Definitions\n\n> In this part—\n> \n> approved form means a form approved by the Secretary under section 39M.\n> \n> licensed online retail shop, in relation to a retail licence, means the website specified in the licence as the online retail shop through which the licence holder is authorised to sell tobacco products or non-tobacco smoking products under the licence.\n> \n> licensed retail outlet, in relation to a retail licence, means the retail premises specified in the licence as the retail outlet from which the licence holder is authorised to sell tobacco products or non-tobacco smoking products under the licence.\n> \n> recipient, of a closure order, means the following—\n> \n> > (a) the occupier of premises that are or have been subject to a closure order,\n> \n> > (b) the owner of premises that are or have been subject to a closure order.\n> \n> relevant person, for an applicant for the grant or renewal of a licence, means a person who holds or will hold any of the following positions of the applicant or in a business through which the applicant will sell tobacco products or non-tobacco smoking products under the licence if the licence is granted or renewed—\n> \n> > (a) director,\n> \n> > (b) another position prescribed by the regulations.\n> \n> retail premises means either of the following types of premises, whether or not the premises are used wholly or predominantly for the relevant purpose—\n> \n> > (a) premises from which goods or services are available for supply, or are supplied, to a consumer, or\n> \n> > (b) premises that are used in connection with the supply of goods or services to a consumer.\n> \n> show cause notice, for Division 2, Subdivision 5—see section 39H(1).\n> \n> show cause period, for Division 2, Subdivision 5—see section 39H(2).\n> \n> **s 31:** Subst 2024 No 87, Sch 1\\[9\\]. Am 2025 No 51, Sch 1\\[7\\].","sortOrder":51},{"sectionNumber":"31A","sectionType":"section","heading":"Criminal intelligence","content":"#### 31A Criminal intelligence\n\n31A Criminal intelligence\n\n> > (1) The Secretary must not, without the written authorisation of the Commissioner of Police, disclose criminal intelligence—\n> > \n> > > (a) in a notice or other statement under this part, or\n> > \n> > > (b) in a statement under section 50G, or\n> > \n> > > (c) under section 50M.\n> \n> > (2) Despite subsection (1), the Secretary may disclose criminal intelligence if required to do so by law or by order of a court but must notify the Commissioner of Police—\n> > \n> > > (a) as soon as practicable after becoming aware of the required disclosure, and\n> > \n> > > (b) before disclosing the criminal intelligence.\n> \n> > (3) If a notice or other statement under this Act would be inaccurate or misleading without the inclusion of criminal intelligence, the Secretary is not required to give the notice or statement.\n> \n> **s 31A:** Ins 2018 No 13, Sch 2 \\[2\\]. Rep 2024 No 94, Sch 4\\[29\\]. Ins 2025 No 51, Sch 1\\[8\\].","sortOrder":52},{"sectionNumber":"pt.5-div.2-sdiv.1","sectionType":"division","heading":"Retail and wholesale licences generally","content":"### pt.5-div.2-sdiv.1 Retail and wholesale licences generally\n\nSubdivision 1 Retail and wholesale licences generally\n\n**pt 5, div 2, sdiv 1:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":54},{"sectionNumber":"32","sectionType":"section","heading":"Types of licences","content":"#### 32 Types of licences\n\n32 Types of licences\n\n> The Secretary may grant the following types of licences under this division—\n> \n> > (a) a retail licence that authorises the licence holder to sell, in accordance with this Act and the conditions of the licence, tobacco products or non-tobacco smoking products by retail either—\n> > \n> > > (i) from a single licensed retail outlet, or\n> > \n> > > (ii) through a single licensed online retail shop,\n> \n> > (b) a wholesale licence that authorises the licence holder to sell, in accordance with this Act and the conditions of the licence, tobacco products or non-tobacco smoking products by wholesale.\n> \n> **s 32:** Subst 2024 No 87, Sch 1\\[9\\].","sortOrder":55},{"sectionNumber":"33","sectionType":"section","heading":"Form of licences","content":"#### 33 Form of licences\n\n33 Form of licences\n\n> A licence must be in the approved form and include the following details—\n> \n> > (a) the type of licence,\n> \n> > (b) the name of the licence holder,\n> \n> > (c) for a retail licence—the licensed retail outlet or the licensed online retail shop for the licence,\n> \n> > (d) any conditions imposed on the grant or renewal of the licence,\n> \n> > (e) the expiry date for the licence.\n> \n> **s 33:** Subst 2024 No 87, Sch 1\\[9\\].","sortOrder":56},{"sectionNumber":"34","sectionType":"section","heading":"Duration of licences","content":"#### 34 Duration of licences\n\n34 Duration of licences\n\n> > (1) The Secretary may grant or renew a licence for—\n> > \n> > > (a) a period of 12 months, or\n> > \n> > > (b) a shorter period specified in the licence.\n> \n> > (2) A licence—\n> > \n> > > (a) takes effect on the day stated in the licence, and\n> > \n> > > (b) remains in effect for the period for which the licence has been granted or renewed, unless sooner revoked or surrendered.\n> \n> **s 34:** Subst 2024 No 87, Sch 1\\[9\\].","sortOrder":57},{"sectionNumber":"35","sectionType":"section","heading":"Licences cannot be transferred","content":"#### 35 Licences cannot be transferred\n\n35 Licences cannot be transferred\n\n> A licence cannot be transferred from the licence holder to another person.\n> \n> **s 35:** Subst 2024 No 87, Sch 1\\[9\\].","sortOrder":58},{"sectionNumber":"36","sectionType":"section","heading":"Licence conditions","content":"#### 36 Licence conditions\n\n36 Licence conditions\n\n> > (1) The Secretary may, at any time, by written notice to a licence holder—\n> > \n> > > (a) impose a condition on the licence, or\n> > \n> > > (b) vary a condition imposed on the licence by the Secretary, or\n> > \n> > > (c) revoke a condition imposed on the licence by the Secretary.\n> \n> > (2) The regulations may impose standard conditions on licences.\n> \n> **s 36:** Subst 2024 No 87, Sch 1\\[9\\].","sortOrder":59},{"sectionNumber":"pt.5-div.2-sdiv.2","sectionType":"division","heading":"Principal offences relating to sale of tobacco products or non-tobacco smoking products","content":"### pt.5-div.2-sdiv.2 Principal offences relating to sale of tobacco products or non-tobacco smoking products\n\nSubdivision 2 Principal offences relating to sale of tobacco products or non-tobacco smoking products\n\n**pt 5, div 2, sdiv 2:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":60},{"sectionNumber":"37","sectionType":"section","heading":"Selling tobacco products or non-tobacco smoking products by retail without licence","content":"#### 37 Selling tobacco products or non-tobacco smoking products by retail without licence\n\n37 Selling tobacco products or non-tobacco smoking products by retail without licence\n\n> > (1) A person must not sell tobacco products or non-tobacco smoking products by retail unless the person holds a retail licence that is in effect.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—6,000 penalty units, or\n> > \n> > > (b) otherwise—8,000 penalty units.\n> \n> > (2) A person does not commit an offence under subsection (1) if—\n> > \n> > > (a) the person is employed by or otherwise engaged to work for a licensed retailer, and\n> > \n> > > (b) the sale is made in accordance with—\n> > > \n> > > > (i) this Act and the regulations, and\n> > > \n> > > > (ii) a retail licence held by the licensed retailer.\n> \n> > (3) A licensed retailer must not sell tobacco products or non-tobacco smoking products by retail other than in accordance with—\n> > \n> > > (a) this Act and the regulations, and\n> > \n> > > (b) a retail licence held by the licensed retailer.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—6,000 penalty units, or\n> > \n> > > (b) otherwise—8,000 penalty units.\n> \n> **s 37:** Subst 2024 No 87, Sch 1\\[9\\]. Am 2025 No 51, Sch 1\\[9\\].","sortOrder":61},{"sectionNumber":"38","sectionType":"section","heading":"Selling tobacco products or non-tobacco smoking products by wholesale without licence","content":"#### 38 Selling tobacco products or non-tobacco smoking products by wholesale without licence\n\n38 Selling tobacco products or non-tobacco smoking products by wholesale without licence\n\n> > (1) A person must not sell tobacco products or non-tobacco smoking products by wholesale unless the person holds a wholesale licence that is in effect.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—6,000 penalty units, or\n> > \n> > > (b) otherwise—8,000 penalty units.\n> \n> > (2) A person does not commit an offence under subsection (1) if—\n> > \n> > > (a) the person is employed by or otherwise engaged to work for a licensed wholesaler, and\n> > \n> > > (b) the sale is made in accordance with—\n> > > \n> > > > (i) this Act and the regulations, and\n> > > \n> > > > (ii) the wholesale licence held by the licensed wholesaler.\n> \n> > (3) A licensed wholesaler must not sell tobacco products or non-tobacco smoking products by wholesale other than in accordance with—\n> > \n> > > (a) this Act and the regulations, and\n> > \n> > > (b) the wholesale licence held by the licensed wholesaler.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—6,000 penalty units, or\n> > \n> > > (b) otherwise—8,000 penalty units.\n> \n> **s 38:** Subst 2024 No 87, Sch 1\\[9\\]. Am 2025 No 51, Sch 1\\[9\\].","sortOrder":62},{"sectionNumber":"pt.5-div.2-sdiv.3","sectionType":"division","heading":"Applications for licences","content":"### pt.5-div.2-sdiv.3 Applications for licences\n\nSubdivision 3 Applications for licences\n\n**pt 5, div 2, sdiv 3:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":63},{"sectionNumber":"39","sectionType":"section","heading":"Applications for licences","content":"#### 39 Applications for licences\n\n39 Applications for licences\n\n> > (1) A person (the applicant) may apply to the Secretary for—\n> > \n> > > (a) a retail licence, or\n> > \n> > > (b) a wholesale licence.\n> \n> > (2) An application may not be made by an individual who is under the age of 18 years.\n> \n> > (3) The application must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) be accompanied by the fee, if any, prescribed by the regulations for the application, and\n> > \n> > > (c) state the type of licence being applied for, and\n> > \n> > > (d) state the applicant’s name and business address, and\n> > \n> > > (e) for an application for a retail licence—\n> > > \n> > > > (i) if the applicant proposes a single retail premises be specified as the licensed retail outlet for the retail licence—state the address of the retail premises, and\n> > > \n> > > > (ii) if the applicant proposes a single website be specified as the licensed online retail shop for the retail licence—include the details of the website, and\n> > > \n> > > > (iii) include the details of a person with the day-to-day responsibility for running the proposed licensed retail outlet or licensed online retail shop who is nominated by the applicant to be the designated person for the retail licence, and\n> > \n> > > (f) include any other information required by the Secretary, and\n> > \n> > > (g) otherwise be made in accordance with the regulations.\n> \n> > (4) The Secretary may, at any time before deciding the application, require the applicant to give the Secretary further information in relation to the application.\n> \n> > (5) If, before the application is decided by the Secretary, a change occurs in the information provided in or in connection with the application, the applicant must immediately notify the Secretary of the details of the change.\n> \n> **s 39:** Am 2010 No 52, Sch 3.5; 2015 No 38, Sch 5 \\[6\\]. Subst 2018 No 13, Sch 2 \\[4\\]. Am 2024 No 94, Sch 4\\[31\\]–\\[37\\]. Subst 2024 No 87, Sch 1\\[9\\].","sortOrder":64},{"sectionNumber":"39A","sectionType":"section","heading":"Deciding applications for licences","content":"#### 39A Deciding applications for licences\n\n39A Deciding applications for licences\n\n> > (1) The Secretary must decide the application for the licence by—\n> > \n> > > (a) granting the licence, or\n> > \n> > > (b) refusing to grant the licence.\n> \n> > (2) In deciding the application, the Secretary may consider the following—\n> > \n> > > (a) whether the applicant, or a relevant person for the applicant, has been found guilty of an offence relating to the sale or supply of tobacco products, non-tobacco smoking products or vaping goods under—\n> > > \n> > > > (i) this Act or the regulations, or\n> > > \n> > > > (ii) another Act or law, including a law of the Commonwealth or another State or Territory,\n> > \n> > > (a1) whether the applicant, or a relevant person for the applicant, has, for the relevant premises or other premises, been the recipient of a closure order,\n> > \n> > > (b) any other matters prescribed by the regulations.\n> \n> > (3) Despite subsection (1), the Secretary may refuse to decide the application if the applicant—\n> > \n> > > (a) does not comply with a requirement to give information under section 39(4), or\n> > \n> > > (b) fails to notify the Secretary of a change in information under section 39(5).\n> \n> > (4) Without limiting the grounds on which the Secretary may refuse to grant a licence, the Secretary may refuse to grant a licence on one or more of the following grounds—\n> > \n> > > (a) the applicant, or a relevant person for the applicant, has been found guilty of an offence relating to the sale or supply of tobacco products, non-tobacco smoking products or vaping goods under—\n> > > \n> > > > (i) this Act or the regulations, or\n> > > \n> > > > (ii) another Act or law, including a law of the Commonwealth or another State or Territory,\n> > \n> > > (b) any information given by the applicant for this Act or the regulations is false or misleading in a material way,\n> > \n> > > (c) the applicant has failed to comply with another retail or wholesale licence currently or previously held by the applicant,\n> > \n> > > (d) on the recommendation of, or receipt of relevant information from, a law enforcement agency,\n> > \n> > > (d1) the applicant, or a relevant person for the applicant, has, for the relevant premises or other premises, been the recipient of a closure order,\n> > \n> > > (e) another ground prescribed by the regulations.\n> \n> > (5) The Secretary may grant a licence with or without conditions.\n> \n> > (6) As soon as practicable after deciding the application, the Secretary must—\n> > \n> > > (a) give the applicant written notice of the decision, and\n> > \n> > > (b) if the decision is to grant the licence—issue the applicant with a licence.\n> \n> **s 39A:** Ins 2016 No 38, Sch 5 \\[7\\]. Am 2018 No 13, Sch 2 \\[5\\] \\[6\\]; 2024 No 94, Sch 4\\[38\\] \\[39\\]. Subst 2024 No 87, Sch 1\\[9\\]. Am 2025 No 51, Sch 1\\[10\\] \\[11\\].","sortOrder":65},{"sectionNumber":"pt.5-div.2-sdiv.4","sectionType":"division","heading":"Applications for renewal of licences","content":"### pt.5-div.2-sdiv.4 Applications for renewal of licences\n\nSubdivision 4 Applications for renewal of licences\n\n**pt 5, div 2, sdiv 4:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":66},{"sectionNumber":"39B","sectionType":"section","heading":"Applications to renew licences","content":"#### 39B Applications to renew licences\n\n39B Applications to renew licences\n\n> > (1) A licence holder may, before the expiry of the licence, apply to the Secretary to renew the licence.\n> \n> > (2) Despite subsection (1), the Secretary may accept an application to renew a licence made within 30 days after the expiry of the licence if the Secretary is satisfied it is reasonable to accept the application in the circumstances.\n> \n> > (3) The application must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) be accompanied by the fee, if any, prescribed for the application, and\n> > \n> > > (c) include details of the licence sought to be renewed, and\n> > \n> > > (d) include any other information required by the Secretary, and\n> > \n> > > (e) otherwise be made in accordance with the regulations.\n> \n> > (4) The Secretary may, at any time before deciding the application, require the applicant to give the Secretary further information in relation to the application.\n> \n> **s 39B:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":67},{"sectionNumber":"39C","sectionType":"section","heading":"Deciding applications to renew licences","content":"#### 39C Deciding applications to renew licences\n\n39C Deciding applications to renew licences\n\n> > (1) The Secretary must decide an application to renew a licence by—\n> > \n> > > (a) renewing the licence, or\n> > \n> > > (b) refusing to renew the licence.\n> \n> > (2) In deciding the application, the Secretary must consider the following—\n> > \n> > > (a) whether the applicant, or a relevant person for the applicant, has been found guilty of an offence relating to the sale or supply of tobacco products, non-tobacco smoking products or vaping goods under—\n> > > \n> > > > (i) this Act or the regulations, or\n> > > \n> > > > (ii) another Act or law, including a law of the Commonwealth or another State or Territory,\n> > \n> > > (a1) whether the applicant, or a relevant person for the applicant, has, for the relevant premises or other premises, been the recipient of a closure order,\n> > \n> > > (b) any other matters prescribed by the regulations,\n> > \n> > > (c) any other matters the Secretary considers relevant.\n> \n> > (3) Despite subsection (1), the Secretary may refuse to decide the application if the applicant does not comply with a requirement to give information under section 39B(3).\n> \n> > (4) Without limiting the grounds on which the Secretary may refuse to renew a licence, the Secretary may refuse to renew a licence on 1 or more of the following grounds—\n> > \n> > > (a) the applicant, or a relevant person for the applicant, has been found guilty of an offence relating to the sale or supply of tobacco products, non-tobacco smoking products or vaping goods under—\n> > > \n> > > > (i) this Act or the regulations, or\n> > > \n> > > > (ii) another Act or law, including a law of the Commonwealth or another State or Territory,\n> > \n> > > (b) any information given by the applicant for this Act or the regulations is false or misleading in a material way,\n> > \n> > > (c) the applicant has failed to comply with another retail or wholesale licence currently or previously held by the applicant,\n> > \n> > > (d) on the recommendation of, or receipt of relevant information from, a law enforcement agency,\n> > \n> > > (d1) the applicant, or a relevant person for the applicant, has, for the relevant premises or other premises, been the recipient of a closure order,\n> > \n> > > (e) another ground prescribed by the regulations.\n> \n> > (5) The Secretary may renew a licence with or without conditions.\n> \n> > (6) As soon as practicable after deciding the application, the Secretary must—\n> > \n> > > (a) give the applicant written notice of the decision, and\n> > \n> > > (b) if the decision is to renew the licence—issue the applicant the renewed licence.\n> \n> **s 39C:** Ins 2024 No 87, Sch 1\\[9\\]. Am 2025 No 51, Sch 1\\[12\\] \\[13\\].","sortOrder":68},{"sectionNumber":"39D","sectionType":"section","heading":"Continuation of licences subject of renewal applications","content":"#### 39D Continuation of licences subject of renewal applications\n\n39D Continuation of licences subject of renewal applications\n\n> > (1) This section applies if—\n> > \n> > > (a) a licence holder has applied for the renewal of the licence under section 39B(1) and the Secretary has not decided the application before the expiry of the licence, or\n> > \n> > > (b) the Secretary accepts an application for the renewal of a licence from a person after the expiry of the licence under section 39B(2).\n> \n> > (2) Despite section 34(2)(b)—\n> > \n> > > (a) for a licence referred to in subsection (1)(a)—the licence continues in effect from the date of the expiry of the licence until the Secretary gives the applicant written notice of the Secretary’s decision on the application for renewal under section 39C(6), or\n> > \n> > > (b) for a licence referred to in subsection (1)(b)—the licence is taken to have continued in effect from the date of the expiry of the licence and continues in effect until the Secretary gives the applicant written notice of the Secretary’s decision on the application for renewal under section 39C(6).\n> \n> **s 39D:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":69},{"sectionNumber":"pt.5-div.2-sdiv.5","sectionType":"division","heading":"Revocation of licences","content":"### pt.5-div.2-sdiv.5 Revocation of licences\n\nSubdivision 5 Revocation of licences\n\n**pt 5, div 2, sdiv 5:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":70},{"sectionNumber":"39E","sectionType":"section","heading":"Definitions","content":"#### 39E Definitions\n\n39E Definitions\n\n> In this subdivision—\n> \n> show cause notice—see section 39H(1).\n> \n> show cause period—see section 39H(2).\n> \n> **s 39E:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":71},{"sectionNumber":"39F","sectionType":"section","heading":"Revoking licences","content":"#### 39F Revoking licences\n\n39F Revoking licences\n\n> The Secretary may revoke a licence held by a licence holder in accordance with this subdivision.\n> \n> **s 39F:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":72},{"sectionNumber":"39G","sectionType":"section","heading":"Grounds for revoking licences","content":"#### 39G Grounds for revoking licences\n\n39G Grounds for revoking licences\n\n> The Secretary may revoke a licence on 1 or more of the following grounds—\n> \n> > (a) the licence holder has been found guilty of an offence against—\n> > \n> > > (i) this Act or the regulations or the provisions of another Act or regulation relating to the sale or supply of tobacco products, non-tobacco smoking products or vaping goods, or\n> > \n> > > (ii) a law of the Commonwealth or another State or Territory that the Secretary reasonably considers to be similar to a law mentioned in subparagraph (i),\n> \n> > (b) any information given by the licence holder for this Act or the regulations is false or misleading in a material way,\n> \n> > (c) the licence holder has failed to comply with a condition of the licence,\n> \n> > (d) the licence holder asks the Secretary to revoke the licence,\n> \n> > (e) on the recommendation of, or receipt of relevant information from, a law enforcement agency,\n> \n> > (e1) the licence holder, or a relevant person for the licence holder, has, for the relevant premises or other premises been the recipient of a closure order,\n> \n> > (f) another ground prescribed by the regulations.\n> \n> **s 39G:** Ins 2024 No 87, Sch 1\\[9\\]. Am 2025 No 51, Sch 1\\[14\\].","sortOrder":73},{"sectionNumber":"39H","sectionType":"section","heading":"Show cause notice for proposed revocations","content":"#### 39H Show cause notice for proposed revocations\n\n39H Show cause notice for proposed revocations\n\n> > (1) If the Secretary proposes to revoke a licence, the Secretary must, before deciding whether to revoke the licence, give the licence holder written notice (a show cause notice) setting out the following—\n> > \n> > > (a) the details of the proposed revocation,\n> > \n> > > (b) the grounds for the proposed revocation,\n> > \n> > > (c) an outline of the facts and circumstances forming the basis for the grounds for the proposed revocation,\n> > \n> > > (d) any other information prescribed by the regulations.\n> \n> > (2) The show cause notice must include a statement that the licence holder may make written submissions to the Secretary in relation to the proposed revocation within a period, being not less than 14 days after the date the show cause notice is given to the licence holder, stated in the notice (the show cause period).\n> \n> **s 39H:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":74},{"sectionNumber":"39I","sectionType":"section","heading":"Decision to revoke licences","content":"#### 39I Decision to revoke licences\n\n39I Decision to revoke licences\n\n> > (1) If, after considering any written submissions made by the licence holder within the show cause period, the Secretary is satisfied a ground for revoking the licence has been established, the Secretary may decide to—\n> > \n> > > (a) revoke the licence, or\n> > \n> > > (b) take no further action.\n> \n> > (2) If the Secretary decides to revoke the licence, the Secretary must give the licence holder written notice stating the following—\n> > \n> > > (a) the date on which the revocation takes effect,\n> > \n> > > (b) the reasons for the revocation.\n> \n> **s 39I:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":75},{"sectionNumber":"pt.5-div.2-sdiv.6","sectionType":"division","heading":"Surrender of licences","content":"### pt.5-div.2-sdiv.6 Surrender of licences\n\nSubdivision 6 Surrender of licences\n\n**pt 5, div 2, sdiv 6:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":76},{"sectionNumber":"39J","sectionType":"section","heading":"Licence holder may surrender licence","content":"#### 39J Licence holder may surrender licence\n\n39J Licence holder may surrender licence\n\n> > (1) A licence holder may, by written notice to the Secretary in accordance with the regulations, surrender a licence to the Secretary.\n> \n> > (2) The surrender of the licence takes effect on—\n> > \n> > > (a) the day the licence holder gives the Secretary notice under subsection (1), or\n> > \n> > > (b) if a later day is specified in the notice—the later day.\n> \n> **s 39J:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":77},{"sectionNumber":"pt.5-div.2-sdiv.7","sectionType":"division","heading":"Register of licences","content":"### pt.5-div.2-sdiv.7 Register of licences\n\nSubdivision 7 Register of licences\n\n**pt 5, div 2, sdiv 7:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":78},{"sectionNumber":"39K","sectionType":"section","heading":"Register of licences","content":"#### 39K Register of licences\n\n39K Register of licences\n\n> > (1) The Secretary must keep a register of licences granted or renewed under this part.\n> \n> > (2) The register must be kept in the way approved by the Secretary.\n> \n> > (3) The Secretary may—\n> > \n> > > (a) include in the register any information in relation to a licence the Secretary considers appropriate, and\n> > \n> > > (b) correct any error in or omission from the register, and\n> > \n> > > (c) on request, give information included in the register to members of the public in another way.\n> \n> > (4) The regulations may make further provision about the register, including the following—\n> > \n> > > (a) information that must, or must not, be included on the register,\n> > \n> > > (b) the information included in the register that must be made publicly available, including on payment of a fee,\n> > \n> > > (c) the circumstances in which information on the register must be made available to particular persons, including on payment of a fee.\n> \n> **s 39K:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":79},{"sectionNumber":"pt.5-div.2-sdiv.8","sectionType":"division","heading":"Miscellaneous","content":"### pt.5-div.2-sdiv.8 Miscellaneous\n\nSubdivision 8 Miscellaneous\n\n**pt 5, div 2, sdiv 8:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":80},{"sectionNumber":"39L","sectionType":"section","heading":"Offence of falsely claiming to be licensed","content":"#### 39L Offence of falsely claiming to be licensed\n\n39L Offence of falsely claiming to be licensed\n\n> A person must not falsely claim to be a licensed retailer or a licensed wholesaler.\n> \n> Maximum penalty—8,000 penalty units.\n> \n> **s 39L:** Ins 2024 No 87, Sch 1\\[9\\]. Am 2025 No 51, Sch 1\\[15\\].","sortOrder":81},{"sectionNumber":"39M","sectionType":"section","heading":"Approved forms","content":"#### 39M Approved forms\n\n39M Approved forms\n\n> The Secretary may approve forms for use under this part.\n> \n> **s 39M:** Ins 2024 No 87, Sch 1\\[9\\].","sortOrder":82},{"sectionNumber":"Division 4","sectionType":"division","heading":null,"content":"## Division 4\n\nDivision 4\n\n40–43 (Repealed)\n\n**pt 5, div 4:** Rep 2025 No 51, Sch 1\\[16\\].\n\n**s 40:** Am 2023 No 37, Sch 8\\[3\\]; 2024 No 87, Sch 1\\[10\\]. Rep 2025 No 51, Sch 1\\[16\\].\n\n**s 41:** Rep 2025 No 51, Sch 1\\[16\\].\n\n**s 42:** Rep 2025 No 51, Sch 1\\[16\\].\n\n**s 43:** Rep 2025 No 51, Sch 1\\[16\\].","sortOrder":84},{"sectionNumber":"Part 6","sectionType":"part","heading":"Enforcement","content":"# Part 6 Enforcement\n\nPart 6 Enforcement","sortOrder":85},{"sectionNumber":"43A","sectionType":"section","heading":"Appointment and functions of inspectors","content":"#### 43A Appointment and functions of inspectors\n\n43A Appointment and functions of inspectors\n\n> > (1) The Secretary may appoint the following persons as an inspector—\n> > \n> > > (a) a member of staff of the Ministry of Health,\n> > \n> > > (b) a member of the NSW Health Service, within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n> > \n> > > (c) a person of a class prescribed by the regulations.\n> \n> > (2) Subject to the instrument of appointment, an inspector has the functions conferred or imposed on the inspector by or under this Act or another Act.\n> \n> > (3) The Secretary must ensure each inspector who is not a police officer is issued with a certificate of authority.\n> \n> > (4) The certificate of authority must—\n> > \n> > > (a) be in the form approved by the Secretary, and\n> > \n> > > (b) contain a recent photograph of the inspector.\n> \n> **s 43A:** Ins 2024 No 22, Sch 9\\[2\\].","sortOrder":86},{"sectionNumber":"44","sectionType":"section","heading":"Powers of inspectors to enter premises","content":"#### 44 Powers of inspectors to enter premises\n\n44 Powers of inspectors to enter premises\n\n> > (1) For the purposes of this Act, an inspector may, at any reasonable time, do any one or more of the following—\n> > \n> > > (a) alone, or with such other persons as the inspector considers necessary, enter and inspect any premises,\n> > \n> > > (a1) open and search a relevant place or receptacle if the inspector reasonably believes the relevant place or receptacle may be used to store a regulated product in accordance with section 9,\n> > \n> > > (b) examine and inspect any apparatus or equipment in any premises,\n> > \n> > > (c) take such photographs, films and audio, video and other recordings as the inspector considers necessary,\n> > \n> > > (d) for the purpose of analysis, take samples of any thing to determine whether the provisions of this Act and the regulations are being complied with in relation to the premises,\n> > \n> > > (e) take samples of any thing, other than for the purpose of analysis, that the inspector reasonably believes may be used as evidence that an offence has been, or is being, committed under this Act or the regulations,\n> > \n> > > (f) require records or documents to be produced for inspection,\n> > \n> > > (g) examine, inspect and copy any such records or documents and, for that purpose, take away and retain (for such time as may, for that purpose, be reasonably necessary) any such records or documents.\n> \n> > (1A) For this Act, an inspector may, at any reasonable time, direct a person, apparently in control of the premises, to open and give the inspector access to a relevant place or receptacle at the premises to allow the relevant place or receptacle to be inspected.\n> \n> > (2) An inspector who enters any premises in accordance with this section that he or she is not otherwise entitled to enter (unless under the authority of a search warrant) is not to remain on the premises if, on request by the occupier of the premises, the inspector does not produce his or her certificate of authority.\n> \n> > (3) This section does not authorise entry into any part of premises that is being used solely for residential purposes, except—\n> > \n> > > (a) with the consent of the occupier of the premises, or\n> > \n> > > (b) under the authority of a search warrant.\n> \n> > (4) In this section—\n> > \n> > regulated products means the following—\n> > \n> > > (a) tobacco products,\n> > \n> > > (b) smoking accessories,\n> > \n> > > (c) illicit vaping goods.\n> > \n> > relevant place or receptacle means the following—\n> > \n> > > (a) a room or other area,\n> > \n> > > (b) a cupboard, drawer, container or other receptacle.\n> \n> **s 44:** Am 2023 No 37, Sch 8\\[4\\]–\\[6\\]; 2024 No 94, Sch 4\\[40\\]; 2025 No 51, Sch 1\\[17\\].","sortOrder":87},{"sectionNumber":"45","sectionType":"section","heading":"Inspector may require information","content":"#### 45 Inspector may require information\n\n45 Inspector may require information\n\n> > (1) An inspector may at any time require a person by whom the officer reasonably suspects any provision of this Act or the regulations is being or has been contravened, or who is apparently in charge of premises where such a contravention is occurring or evidently has occurred, to state his or her name and address and (if the person is not the occupier of the premises) the name of the occupier of the premises.\n> \n> > (2) If the contravention concerns an advertisement or any object containing an advertisement, the inspector may require a person referred to in subsection (1) to produce for inspection any invoice or record relating to the advertisement or object or relating to any tobacco products in connection with which the material for the advertisement, or the object, was obtained.","sortOrder":88},{"sectionNumber":"45A","sectionType":"section","heading":"Authorised purposes","content":"#### 45A Authorised purposes\n\n45A Authorised purposes\n\n> An inspector may exercise the functions conferred by this part for one or more of the following purposes—\n> \n> > (a) investigating, monitoring and enforcing compliance with the requirements imposed under this Act,\n> \n> > (b) obtaining documents or other information for purposes connected with the administration of this Act.\n> \n> **s 45A:** Ins 2025 No 51, Sch 1\\[18\\].","sortOrder":89},{"sectionNumber":"45B","sectionType":"section","heading":"Power of inspectors to require documents","content":"#### 45B Power of inspectors to require documents\n\n45B Power of inspectors to require documents\n\n> > (1) An inspector may direct a person to give a document to the inspector or another inspector.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), Schedule 4 defines a document to mean any record of information, including maps, plans, drawings and photographs.\n> \n> > (2) The direction may be given if the inspector requires the document for an authorised purpose.\n> \n> > (3) The direction must be given by written order to the person.\n> \n> > (4) The order must specify—\n> > \n> > > (a) the way the document must be given, and\n> > \n> > > (b) the form in which the document must be given, and\n> > \n> > > (c) a reasonable date by which the document must be given.\n> \n> > (5) The order may only require a person to give existing documents that—\n> > \n> > > (a) are in the person’s possession, or\n> > \n> > > (b) are within the person’s power to obtain lawfully.\n> \n> > (6) An inspector may make copies of the documents.\n> \n> **s 45B:** Ins 2025 No 51, Sch 1\\[18\\].","sortOrder":90},{"sectionNumber":"45C","sectionType":"section","heading":"Power of inspectors to require answers","content":"#### 45C Power of inspectors to require answers\n\n45C Power of inspectors to require answers\n\n> > (1) An inspector may direct a person to answer questions about a matter if the inspector—\n> > \n> > > (a) reasonably suspects the person to have knowledge of the matter, and\n> > \n> > > (b) reasonably requires information about the matter for an authorised purpose.\n> \n> > (2) The direction may require the answers to be—\n> > \n> > > (a) written, or\n> > \n> > > (b) given verbally—\n> > > \n> > > > (i) in person, or\n> > > \n> > > > (ii) by audio link or audio visual link.\n> \n> > (3) The inspector may direct a body corporate to nominate an individual to answer questions on behalf of the body corporate.\n> \n> > (4) The nomination must be—\n> > \n> > > (a) in writing, and\n> > \n> > > (b) given to the authorised officer within the time required in the direction.\n> \n> > (5) The individual must be a director or other officer of the body corporate.\n> \n> > (6) Answers given by the individual bind the body corporate.\n> \n> > (7) The inspector may direct the person or nominated individual to attend at a specified place and time to answer questions if—\n> > \n> > > (a) the answers are to be given verbally, and\n> > \n> > > (b) attendance at the place is reasonably required for the questions to be properly put and answered.\n> \n> > (8) The place and time must be reasonable in the circumstances.\n> \n> > (9) A direction under this section must be in writing.\n> \n> **s 45C:** Ins 2025 No 51, Sch 1\\[18\\].","sortOrder":91},{"sectionNumber":"45D","sectionType":"section","heading":"Recording of evidence","content":"#### 45D Recording of evidence\n\n45D Recording of evidence\n\n> > (1) An inspector may record a person answering questions under this division if the authorised officer—\n> > \n> > > (a) informs the person the record will be made, and\n> > \n> > > (b) a copy of the record is given to the person as soon as practicable after the record is made.\n> \n> > (2) The record may be made using—\n> > \n> > > (a) sound recording apparatus, or\n> > \n> > > (b) audio visual apparatus, or\n> > \n> > > (c) another method decided by the inspector.\n> \n> > (3) The record may be made despite the provisions of another law.\n> \n> **s 45D:** Ins 2025 No 51, Sch 1\\[18\\].","sortOrder":92},{"sectionNumber":"46","sectionType":"section","heading":"Failure to comply with directions or requirements of inspectors","content":"#### 46 Failure to comply with directions or requirements of inspectors\n\n46 Failure to comply with directions or requirements of inspectors\n\n> > (1) A person must not, without reasonable excuse, fail to comply with a requirement or direction of a police officer or an inspector duly made under this Act.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person must not, in connection with a requirement of a police officer or an inspector made under this Act, provide any information or produce any document that the person knows is false or misleading in a material particular.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) A requirement of an inspector under this Act is not duly made unless, at the time of the making of the requirement—\n> > \n> > > (a) the inspector has identified himself or herself to the person of whom the requirement is made as an inspector and, on request, produced his or her certificate of authority, and\n> > \n> > > (b) the person is informed by the inspector that a refusal or failure to comply with the requirement may constitute an offence.","sortOrder":93},{"sectionNumber":"46A","sectionType":"section","heading":"Self-incrimination","content":"#### 46A Self-incrimination\n\n46A Self-incrimination\n\n> > (1) A person is not excused from giving relevant information on the ground that the information may incriminate or make liable to a penalty—\n> > \n> > > (a) the person, or\n> > \n> > > (b) another person, including a body corporate that has nominated the person to answer questions under section 45C.\n> \n> > (2) Relevant information given by an individual is not admissible in evidence in criminal or civil proceedings against the individual, except proceedings for an offence under this part, if—\n> > \n> > > (a) the individual objected at the time to doing so on the ground that it might incriminate the individual, or\n> > \n> > > (b) the individual was not warned on that occasion that the individual may object to giving the information or answer on the ground that it might incriminate the individual.\n> \n> > (3) Relevant information given by an individual may be admissible in evidence in criminal or civil proceedings against another person, including a body corporate that has nominated the individual to answer questions.\n> \n> > (4) In this section—\n> > \n> > give relevant information means—\n> > \n> > > (a) give a document under section 45B, or\n> > \n> > > (b) answer a question under section 45C.\n> \n> **s 46A:** Ins 2025 No 51, Sch 1\\[19\\].","sortOrder":94},{"sectionNumber":"47","sectionType":"section","heading":"Obstruction or impersonation of inspectors","content":"#### 47 Obstruction or impersonation of inspectors\n\n47 Obstruction or impersonation of inspectors\n\n> > (1) A person must not, without reasonable excuse, resist, obstruct, or attempt to obstruct, a police officer or an inspector in the exercise of the police officer’s or inspector’s functions under this Act.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person must not impersonate an inspector.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> **s 47:** Am 2024 No 87, Sch 1\\[11\\] \\[12\\].","sortOrder":95},{"sectionNumber":"48","sectionType":"section","heading":"Search warrants","content":"#### 48 Search warrants\n\n48 Search warrants\n\n> > (1) An inspector may apply to an authorised officer for a search warrant if the inspector has reasonable grounds for believing that a provision of this Act or the regulations has been or is being contravened on premises.\n> \n> > (2) An authorised officer to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the inspector named in the warrant, when accompanied by a police officer, and such other person (if any) as is named in the warrant—\n> > \n> > > (a) to enter the premises concerned, and\n> > \n> > > (b) to search the premises for evidence of a contravention of this Act or the regulations.\n> \n> > (3) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section.\n> \n> > (4) In this section—\n> > \n> > authorised officer has the same meaning as it has in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103).","sortOrder":96},{"sectionNumber":"49","sectionType":"section","heading":"Removal of certain advertisements","content":"#### 49 Removal of certain advertisements\n\n49 Removal of certain advertisements\n\n> > (1) If a tobacco advertisement is displayed in contravention of this Act or the regulations, the Local Court may order—\n> > \n> > > (a) that the advertisement be removed or obscured by an inspector, and\n> > \n> > > (b) if any person has been convicted of an offence against this Act or the regulations in relation to the placement or display of the advertisement, that the person pay the reasonable costs incurred by the inspector in removing or obscuring the advertisement.\n> \n> > (2) An inspector may enter any premises in order to remove or obscure an advertisement in execution of an order under this section.\n> \n> > (3) Any tobacco advertisement in the form of an article that is removed in accordance with an order under this section is taken to be the property of the person specified in the order.\n> \n> > (4) Any costs payable under an order under this section may be recovered in a court of competent jurisdiction as a debt due to the Crown or a council, as the case requires.\n> \n> **s 49:** Am 2009 No 106, Sch 4.24.","sortOrder":97},{"sectionNumber":"50","sectionType":"section","heading":"Penalty notices","content":"#### 50 Penalty notices\n\n50 Penalty notices\n\n> > (1) An inspector may issue a penalty notice to a person if it appears to the inspector that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> > (6) In this section, inspector includes a police officer.\n> \n> **s 50:** Subst 2017 No 22, Sch 3.62.","sortOrder":98},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Closure of premises","content":"# Part 6A Closure of premises\n\nPart 6A Closure of premises\n\n**pt 6A:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":99},{"sectionNumber":"50A","sectionType":"section","heading":"Definitions","content":"#### 50A Definitions\n\n50A Definitions\n\n> In this part—\n> \n> closed premises means premises subject to a closure order.\n> \n> notifiable person, for premises, means the following—\n> \n> > (a) the person apparently in charge of the premises,\n> \n> > (b) the occupier of the premises,\n> \n> > (c) if the premises are a licensed retail outlet—\n> > \n> > > (i) the licence holder, and\n> > \n> > > (ii) the nominated designated person under section 39(3)(e)(iii) for the retail licence for the premises, and\n> > \n> > > (iii) the relevant persons for the retail licence for the premises,\n> \n> > (d) the owner of the premises.\n> \n> relevant breach means the following—\n> \n> > (a) the sale of illicit tobacco,\n> \n> > (b) the retail sale of tobacco products or non-tobacco smoking products by a person who does not hold a retail licence that is in effect,\n> \n> > (c) the wholesale sale of tobacco products or non-tobacco smoking products by a person who does not hold a wholesale licence that is in effect,\n> \n> > (d) the sale of illicit vaping goods.\n> \n> **s 50A:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":101},{"sectionNumber":"50B","sectionType":"section","heading":"Secretary may make short-term closure order","content":"#### 50B Secretary may make short-term closure order\n\n50B Secretary may make short-term closure order\n\n> > (1) The Secretary may by written order (a short-term closure order) direct that premises specified in the order are closed for the period, not longer than 90 days, specified in the order.\n> \n> > (2) A short-term closure order may be made for premises if the Secretary reasonably suspects that a relevant breach has occurred, or is likely to occur, on the premises.\n> \n> > (3) The Secretary may make a short-term closure order subject to exemptions.\n> \n> > (4) The Secretary may vary or revoke a short-term closure order.\n> \n> > (5) The Secretary must not vary a short-term closure order in a way that causes the order to apply for longer than 90 days.\n> \n> > (6) In making, varying or revoking a short-term closure order, the Secretary is not required to give a person—\n> > \n> > > (a) prior notice of the Secretary’s intention to make, vary or revoke the order, or\n> > \n> > > (b) an opportunity to be heard.\n> \n> > (7) If the Secretary varies or revokes a short-term closure order, the Secretary must take reasonably practicable steps to give each notifiable person for the premises notice of the variation or revocation.\n> \n> **s 50B:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":103},{"sectionNumber":"50C","sectionType":"section","heading":"Secretary may make further short-term closure orders","content":"#### 50C Secretary may make further short-term closure orders\n\n50C Secretary may make further short-term closure orders\n\n> > (1) The Secretary may make one or more further short-term closure orders about the same premises.\n> \n> > (2) A second or subsequent short-term closure order may only be made if the Secretary reasonably suspects a further relevant breach has occurred or is likely to occur after the making of the previous short-term closure order.\n> \n> **s 50C:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":104},{"sectionNumber":"50D","sectionType":"section","heading":"Local Court may make long-term closure order","content":"#### 50D Local Court may make long-term closure order\n\n50D Local Court may make long-term closure order\n\n> > (1) The Secretary may apply to the Local Court for an order (a long-term closure order) that the premises specified in the order are closed for a period of not more than 12 months.\n> \n> > (2) A long-term closure order may be made for premises if the Local Court is satisfied that a relevant breach has occurred, or is likely to occur, on the premises.\n> \n> > (3) The Local Court may make a long-term closure order subject to exemptions.\n> \n> **s 50D:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":106},{"sectionNumber":"50E","sectionType":"section","heading":"Application by Secretary","content":"#### 50E Application by Secretary\n\n50E Application by Secretary\n\n> > (1) The Secretary may apply for a long-term closure order whether or not a short-term closure order has been made or is in force for the relevant premises.\n> \n> > (2) The Secretary must, if reasonably practicable, give the following persons a copy of an application for a long-term closure order and the persons may apply to the Local Court to be heard on the application—\n> > \n> > > (a) the occupier of the premises,\n> > \n> > > (b) the owner of the premises.\n> \n> **s 50E:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":107},{"sectionNumber":"50F","sectionType":"section","heading":"Review of long-term closure order","content":"#### 50F Review of long-term closure order\n\n50F Review of long-term closure order\n\n> > (1) The owner or occupier of premises that are subject to a long-term closure order may apply to the Local Court for a review of the order.\n> \n> > (2) An application may be made only if—\n> > \n> > > (a) there has been a substantial or material change in the circumstances surrounding the making of the long-term closure order, or\n> > \n> > > (b) relevant information that was not available when the order was made has become available.\n> \n> > (3) A person making an application for review of a long-term closure order must, within 2 business days after making the application, give a copy of the application to the Secretary.\n> \n> > (4) The Secretary is entitled to be heard on the application.\n> \n> > (5) After hearing a review application, the Local Court may—\n> > \n> > > (a) confirm the order, or\n> > \n> > > (b) vary the order, or\n> > \n> > > (c) revoke the order.\n> \n> > (6) If the Local Court varies or revokes a long-term closure order, the Secretary must take reasonably practicable steps to give each notifiable person for the premises notice of the variation or revocation.\n> \n> **s 50F:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":108},{"sectionNumber":"50G","sectionType":"section","heading":"Secretary must give public notice of closure order","content":"#### 50G Secretary must give public notice of closure order\n\n50G Secretary must give public notice of closure order\n\n> > (1) The Secretary must give public notice of the making of a closure order by posting a copy of the order—\n> > \n> > > (a) on the front of the premises subject to the order, or\n> > \n> > > (b) if it is not reasonably practicable to attach the notice to the front of the premises—in a reasonably conspicuous public place near the front of the premises.\n> \n> > (2) The Secretary may also make the following information about a closure order available on the Ministry’s website—\n> > \n> > > (a) a copy of the order,\n> > \n> > > (b) a description of the premises to which the order relates,\n> > \n> > > (c) a summary of the reasons for making the order,\n> > \n> > > (d) the date the order takes effect and the duration of the order,\n> > \n> > > (e) other information prescribed by the regulations.\n> \n> > (3) The Secretary must take reasonably practicable steps to give each notifiable person for the premises a copy of the closure order and a statement explaining the following—\n> > \n> > > (a) the effect of the order,\n> > \n> > > (b) the reasons for making the order,\n> > \n> > > (c) the lessor’s ability to terminate the lease under section 50J.\n> \n> > (4) A person must not interfere with a copy of a closure order posted in accordance with subsection (1).\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (5) In this section—\n> > \n> > closure order includes a closure order that has been varied.\n> \n> **s 50G:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":110},{"sectionNumber":"Division 5","sectionType":"division","heading":"Effect of closure order","content":"## Division 5 Effect of closure order\n\nDivision 5 Effect of closure order\n\n**pt 6A, div 5:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":111},{"sectionNumber":"50H","sectionType":"section","heading":"Persons must not enter closed premises","content":"#### 50H Persons must not enter closed premises\n\n50H Persons must not enter closed premises\n\n> > (1) A person must not enter closed premises without reasonable excuse.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a first offence—750 penalty units, or\n> > \n> > > (b) for second and subsequent offences—1,250 penalty units.\n> \n> > (2) It is a defence in proceedings for an offence against this section if the person satisfies the court that the person did not know, and could not reasonably have been expected to know, that the premises were closed premises.\n> \n> > (3) This section does not apply to the following—\n> > \n> > > (a) a police officer, inspector or emergency services worker who enters closed premises to exercise functions under this Act or another law,\n> > \n> > > (b) a person who passes through closed premises while accessing neighbouring premises,\n> > \n> > > (c) a person who enters closed premises in accordance with—\n> > > \n> > > > (i) an exemption granted by the Secretary under section 50B(3), or\n> > > \n> > > > (ii) an exemption granted by the Local Court under section 50D(3), or\n> > > \n> > > > (iii) an exemption notice issued by the Secretary under section 50I,\n> > \n> > > (d) a person, or a member of a class of persons, prescribed by the regulations.\n> \n> **s 50H:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":112},{"sectionNumber":"50I","sectionType":"section","heading":"Exemption notice","content":"#### 50I Exemption notice\n\n50I Exemption notice\n\n> > (1) The Secretary may by written notice (an exemption notice) permit one or more named persons, or a member of a class of persons, to enter closed premises.\n> \n> > (2) An exemption notice may be given—\n> > \n> > > (a) for a single entry to the closed premises, or for multiple entries, and\n> > \n> > > (b) subject to conditions.\n> \n> > (3) An exemption notice must specify the following—\n> > \n> > > (a) the closed premises to which the notice applies,\n> > \n> > > (b) the persons or class of persons to whom the notice applies,\n> > \n> > > (c) the date or the period for which the notice is in effect,\n> > \n> > > (d) the conditions to which the notice is subject.\n> \n> > (4) The Secretary may revoke a notice given under this section.\n> \n> **s 50I:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":113},{"sectionNumber":"50J","sectionType":"section","heading":"Termination of certain leases and licences","content":"#### 50J Termination of certain leases and licences\n\n50J Termination of certain leases and licences\n\n> > (1) If a closure order is in effect for a premises, the lease or licence for the premises is taken to include a provision allowing the lessor or licensor to terminate the lease or licence because of the making of the order by giving not less than 28 days written notice to the lessee or licensee.\n> \n> > (2) If a lessor relies on this section to terminate a lease, the termination is taken to be for repudiation of the lease by the tenant.\n> \n> > (3) A lessee or licensee is not entitled to bring proceedings against a lessor or licensor because of the termination of a lease or licence under this section.\n> \n> > (4) To avoid doubt—\n> > \n> > > (a) the following do not apply in relation to the termination of a lease or licence under this section—\n> > > \n> > > > (i) the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), Parts 13 and 14,\n> > > \n> > > > (ii) the [Retail Leases Act 1994](/view/html/inforce/current/act-1994-046), Part 8,\n> > > \n> > > > (iii) the [Small Business Commissioner Act 2013](/view/html/inforce/current/act-2013-022), Part 2, Division 2, and\n> > \n> > > (b) a lessee or licensee is not prevented from bringing proceedings on grounds unrelated to the termination of a lease under this section, and\n> > > \n> > > Example—\n> > > \n> > > a claim by the lessee or licensee arising from a breach of the lease or licence, prior to the termination, by the lessor or licensor\n> > \n> > > (c) a lessor or licensor is not liable for damages or compensation to any person because of the termination of a lease or licence under this section, and\n> > \n> > > (d) this section does not limit or affect another power of a lessor or licensor to terminate a lease or licence.\n> \n> > (5) In this section—\n> > \n> > lease means an agreement under which a person grants another person for value a right of occupation of premises for the purpose of the use of the premises as a retail shop.\n> > \n> > lessor has the same meaning as in the [Retail Leases Act 1994](/view/html/inforce/current/act-1994-046).\n> > \n> > licence means an agreement under which a person gives another person permission to occupy or use premises as a retail shop without exclusive possession of the premises.\n> \n> **s 50J:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":114},{"sectionNumber":"50K","sectionType":"section","heading":"Licence cancelled by long-term closure order","content":"#### 50K Licence cancelled by long-term closure order\n\n50K Licence cancelled by long-term closure order\n\n> > (1) If a long-term closure order is made for premises, a retail licence or wholesale licence relating to the premises is cancelled.\n> \n> > (2) If a licence is cancelled under this section, no compensation or refund is payable to any person, including the person who held the cancelled licence.\n> \n> **s 50K:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":115},{"sectionNumber":"50L","sectionType":"section","heading":"Offence to sell tobacco, smoking products or vaping goods from closed premises","content":"#### 50L Offence to sell tobacco, smoking products or vaping goods from closed premises\n\n50L Offence to sell tobacco, smoking products or vaping goods from closed premises\n\n> > (1) A person must not sell tobacco products, non-tobacco smoking products or vaping goods from closed premises.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—\n> > > \n> > > > (i) for a first offence—1,250 penalty units or imprisonment for 6 months, or both, or\n> > > \n> > > > (ii) for second and subsequent offences—2,500 penalty units or imprisonment for 12 months, or both, or\n> > \n> > > (b) otherwise—\n> > > \n> > > > (i) for a first offence—6,250 penalty units, or\n> > > \n> > > > (ii) for second and subsequent offences—12,500 penalty units.\n> \n> > (2) A person must not sell a product that is not a tobacco product, a non-tobacco smoking product or vaping goods from closed premises.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—\n> > > \n> > > > (i) for a first offence—1,000 penalty units, or\n> > > \n> > > > (ii) for second and subsequent offences—1,750 penalty units, or\n> > \n> > > (b) otherwise—\n> > > \n> > > > (i) for a first offence—3,750 penalty units, or\n> > > \n> > > > (ii) for second and subsequent offences—6,250 penalty units.\n> \n> > (3) It is a defence in proceedings for an offence against this section if the person satisfies the court that the person did not know, and could not reasonably have been expected to know, that the premises were closed premises.\n> \n> > (4) Subsection (2) does not apply to the sale of a product the person is permitted to sell from the premises in accordance with—\n> > \n> > > (a) an exemption granted by the Secretary under section 50B(3), or\n> > \n> > > (b) an exemption granted by the Local Court under section 50D(3).\n> \n> **s 50L:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":116},{"sectionNumber":"Division 6","sectionType":"division","heading":"Information sharing","content":"## Division 6 Information sharing\n\nDivision 6 Information sharing\n\n**pt 6A, div 6:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":117},{"sectionNumber":"50M","sectionType":"section","heading":"Secretary may disclose information","content":"#### 50M Secretary may disclose information\n\n50M Secretary may disclose information\n\n> > (1) The Secretary may disclose information obtained in exercising a function under this part to the following—\n> > \n> > > (a) the Australian Border Force,\n> > \n> > > (b) the Australian Federal Police,\n> > \n> > > (c) the Australian Taxation Office,\n> > \n> > > (d) the Commissioner of Police,\n> > \n> > > (e) Revenue NSW,\n> > \n> > > (f) a person, or class of persons, prescribed by the regulations,\n> \n> > (2) The Secretary may disclose information about closed premises to the owner of the premises.\n> \n> **s 50M:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":118},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Seizure and disposal","content":"# Part 6B Seizure and disposal\n\nPart 6B Seizure and disposal\n\n**pt 6B:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":119},{"sectionNumber":"50N","sectionType":"section","heading":"Definitions","content":"#### 50N Definitions\n\n50N Definitions\n\n> In this part—\n> \n> dispose of includes destroy.\n> \n> illicit goods means—\n> \n> > (a) illicit tobacco, or\n> \n> > (b) illicit vaping goods.\n> \n> **s 50N:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":120},{"sectionNumber":"50O","sectionType":"section","heading":"Seizure","content":"#### 50O Seizure\n\n50O Seizure\n\n> > (1) An inspector may seize the following products if the inspector reasonably believes the products are in a person’s possession, custody or control in the course of committing, or for the purposes of committing, an offence under this Act—\n> > \n> > > (a) tobacco products,\n> > \n> > > (b) non-tobacco smoking products,\n> > \n> > > (c) illicit vaping goods.\n> \n> > (2) A product seized under this section may, at the option of the inspector who made the seizure or of another inspector—\n> > \n> > > (a) be detained in the premises where the product was found, or\n> > \n> > > (b) be moved to other premises and detained at those premises.\n> \n> > (3) If the product is to be detained in the premises where the product was found, the inspector may secure the product in the premises and take reasonable steps to prevent access to the product.\n> \n> > (4) A person must not, for a product seized under this section—\n> > \n> > > (a) resist or attempt to prevent the seizure, or\n> > \n> > > (b) retake or attempt to retake the product, or\n> > \n> > > (c) move or interfere with the product.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—\n> > > \n> > > > (i) for a first offence—1,250 penalty units, or\n> > > \n> > > > (ii) for a second or subsequent offence—2,500 penalty units, or\n> > \n> > > (b) otherwise—\n> > > \n> > > > (i) for a first offence—6,250 penalty units, or\n> > > \n> > > > (ii) for a second or subsequent offence—12,500 penalty units.\n> \n> > (5) An inspector under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) may exercise a function under this section if the inspector is on the premises in accordance with that Act.\n> \n> > (6) In this section—\n> > \n> > premises includes a vehicle.\n> \n> **s 50O:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":121},{"sectionNumber":"50P","sectionType":"section","heading":"Certificate evidence","content":"#### 50P Certificate evidence\n\n50P Certificate evidence\n\n> > (1) For a product seized under this part, the Secretary must obtain a certificate, in the form approved by the Secretary, setting out the following—\n> > \n> > > (a) the identity of the seized product,\n> > \n> > > (b) the quantity of the seized product,\n> > \n> > > (c) other matters prescribed by the regulations.\n> \n> > (2) In legal proceedings under this Act, the certificate is prima facie evidence of the matters stated in the certificate.\n> \n> > (3) The certificate may be given by the following—\n> > \n> > > (a) an inspector,\n> > \n> > > (b) a person, or a member of a class of persons, prescribed by the regulations.\n> \n> > (4) In this section—\n> > \n> > identity, of a seized product, includes the following—\n> > \n> > > (a) whether the product is—\n> > > \n> > > > (i) a tobacco product other than illicit tobacco, or\n> > > \n> > > > (ii) a non-tobacco smoking product, or\n> > > \n> > > > (iii) illicit tobacco, or\n> > > \n> > > > (iv) an illicit vaping good,\n> > \n> > > (b) the brand name of the product,\n> > \n> > > (c) other matters the person making the certificate considers identify the product.\n> \n> **s 50P:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":122},{"sectionNumber":"50Q","sectionType":"section","heading":"Disposal of illicit tobacco and illicit vaping goods","content":"#### 50Q Disposal of illicit tobacco and illicit vaping goods\n\n50Q Disposal of illicit tobacco and illicit vaping goods\n\n> > (1) The Secretary may dispose of illicit goods seized under this part.\n> \n> > (2) The Secretary may keep a sample of the illicit goods until any proceedings relating to the illicit goods are finally determined.\n> \n> > (3) The Secretary must not dispose of the illicit goods unless—\n> > \n> > > (a) 28 days have passed after the goods were seized, and\n> > \n> > > (b) the Secretary has complied with the requirements of the regulations.\n> \n> > (4) The regulations may provide for procedures that must be followed when keeping a sample of illicit goods.\n> \n> **s 50Q:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":123},{"sectionNumber":"50R","sectionType":"section","heading":"Forfeiture on conviction","content":"#### 50R Forfeiture on conviction\n\n50R Forfeiture on conviction\n\n> > (1) A court that convicts a person for an offence under Part 5, Division 2 may order that a product seized under this part in connection with the offence is forfeited to the Crown.\n> \n> > (2) The Secretary must dispose of all products forfeited under this section.\n> \n> > (3) The person convicted of the offence is liable to pay the Secretary the reasonable costs of disposal.\n> \n> > (4) The costs may be recovered by the Secretary in a court of competent jurisdiction as a debt due to the Crown.\n> \n> > (5) In proceedings for recovery of the costs, a certificate signed by the Secretary certifying the amount of the costs and the way the costs were incurred is evidence of the matters certified.\n> \n> **s 50R:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":124},{"sectionNumber":"50S","sectionType":"section","heading":"Return of seized tobacco","content":"#### 50S Return of seized tobacco\n\n50S Return of seized tobacco\n\n> > (1) Tobacco products and non-tobacco smoking products seized under this part must be returned if—\n> > \n> > > (a) proceedings for an offence under Part 5, Division 2 have not been commenced against the person from whom the products were seized within 42 days after seizure, or\n> > \n> > > (b) the court that disposes of proceedings for an offence under Part 5, Division 2 does not make an order for forfeiture and destruction of the products, or\n> > \n> > > (c) the Secretary is satisfied that the products were incorrectly seized.\n> \n> > (2) Tobacco products and non-tobacco smoking products returned under this section must be returned to the person from whom they were seized, or to another person who appears to the Secretary to be the owner of the products\n> \n> > (3) This section does not apply to illicit tobacco.\n> \n> **s 50S:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":125},{"sectionNumber":"50T","sectionType":"section","heading":"Disposal of illicit tobacco and illicit vaping goods seized by police","content":"#### 50T Disposal of illicit tobacco and illicit vaping goods seized by police\n\n50T Disposal of illicit tobacco and illicit vaping goods seized by police\n\n> > (1) The Commissioner of Police may dispose of illicit goods seized by a police officer under another law.\n> \n> > (2) The Commissioner of Police may keep a sample of the illicit goods until any proceedings relating to the illicit goods are finally determined.\n> \n> > (3) The Commissioner of Police must not dispose of the illicit goods unless—\n> > \n> > > (a) 28 days have passed after the goods were seized, and\n> > \n> > > (b) the Commissioner has complied with the requirements of the regulations.\n> \n> > (4) Before the illicit goods are disposed of, the Commissioner of Police must obtain a certificate in the form approved by the Commissioner setting out the following—\n> > \n> > > (a) the identity of the illicit good,\n> > \n> > > (b) the quantity of the illicit good,\n> > \n> > > (c) other matters prescribed by the regulations.\n> \n> > (5) In legal proceedings, the certificate is prima facie evidence of the matters stated in the certificate.\n> \n> > (6) A certificate under this section may be given by a person, or a member of a class of persons, prescribed by the regulations.\n> \n> > (7) The regulations may provide for procedures that must be followed when keeping a sample of illicit goods.\n> \n> > (8) In this section—\n> > \n> > identity, of an illicit good, includes the following—\n> > \n> > > (a) whether the illicit good is—\n> > > \n> > > > (i) illicit tobacco, or\n> > > \n> > > > (ii) an illicit vaping good,\n> > \n> > > (b) the brand name of the illicit good,\n> > \n> > > (c) other matters that identify the illicit good.\n> \n> **s 50T:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":126},{"sectionNumber":"50U","sectionType":"section","heading":"No liability for seizure and disposal","content":"#### 50U No liability for seizure and disposal\n\n50U No liability for seizure and disposal\n\n> The seizure, forfeiture or disposal of a thing under this part does not subject the following to an action, liability, claim or demand—\n> \n> > (a) the Commissioner of Police,\n> \n> > (b) an inspector,\n> \n> > (c) the Minister,\n> \n> > (d) a police officer,\n> \n> > (e) the Secretary,\n> \n> > (f) the State,\n> \n> > (g) another person exercising functions under this Act.\n> \n> **s 50U:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":127},{"sectionNumber":"50V","sectionType":"section","heading":"Regulations","content":"#### 50V Regulations\n\n50V Regulations\n\n> The regulations may make provision for the following—\n> \n> > (a) matters that must be, or may be, included in or attached to a certificate under section 50P or 50T(4),\n> \n> > (b) the disposal of illicit goods under section 50Q, 50R or 50T,\n> \n> > (c) amounts that may be recovered by the Secretary under section 50R.\n> \n> **s 50V:** Ins 2025 No 51, Sch 1\\[20\\].","sortOrder":128},{"sectionNumber":"Part 7","sectionType":"part","heading":"Proceedings for offences","content":"# Part 7 Proceedings for offences\n\nPart 7 Proceedings for offences","sortOrder":129},{"sectionNumber":"51","sectionType":"section","heading":"Certain civil proceedings barred","content":"#### 51 Certain civil proceedings barred\n\n51 Certain civil proceedings barred\n\n> An action at law or in equity does not lie against a person for—\n> \n> > (a) the omission to do any thing the doing of which, or\n> \n> > (b) the doing of any thing the omission to do which,\n> \n> would constitute an offence under this Act or the regulations made under this Act.","sortOrder":130},{"sectionNumber":"52","sectionType":"section","heading":"Penalties for continuing offences","content":"#### 52 Penalties for continuing offences\n\n52 Penalties for continuing offences\n\n> > (1) If a continuing state of affairs is created by an offence committed against section 12 (1) or (2) or 13, the offender is liable to a penalty of not more than—\n> > \n> > > (a) 50 penalty units in the case of an individual, or\n> > \n> > > (b) 200 penalty units in the case of a corporation,\n> > \n> > in respect of each day on which that offence continues, in addition to the penalty specified in that section or subsection in respect of the offence.\n> \n> > (2) If a continuing state of affairs is created by an offence committed against section 16 (1) or (2), 17 (1), 19, 20 (1) or (2) or 21 (1), the offender is liable to a penalty of not more than—\n> > \n> > > (a) 200 penalty units in the case of an individual, or\n> > \n> > > (b) 2,000 penalty units in the case of a corporation,\n> > \n> > in respect of each day on which that offence continues, in addition to the penalty specified in that section or subsection in respect of the offence.","sortOrder":131},{"sectionNumber":"53","sectionType":"section","heading":"Offences by corporations","content":"#### 53 Offences by corporations\n\n53 Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.\n> \n> > (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.","sortOrder":132},{"sectionNumber":"53A","sectionType":"section","heading":"Licence holder liable for act of agent","content":"#### 53A Licence holder liable for act of agent\n\n53A Licence holder liable for act of agent\n\n> > (1) If an agent of a licence holder commits an offence under this Act or the regulations, the licence holder is guilty of the offence and liable to the penalty specified for the contravention.\n> \n> > (2) In this section—\n> > \n> > agent, of a licence holder, includes—\n> > \n> > > (a) an employee of the licence holder, and\n> > \n> > > (b) a person acting, or purporting to act, on behalf of the licence holder.\n> \n> **s 53A:** Ins 2025 No 51, Sch 1\\[21\\].","sortOrder":133},{"sectionNumber":"54","sectionType":"section","heading":"Proceedings for offences","content":"#### 54 Proceedings for offences\n\n54 Proceedings for offences\n\n> > (1) Proceedings for an offence against this Act or the regulations are to be disposed of summarily before—\n> > \n> > > (a) the Local Court, or\n> > \n> > > (b) the Supreme Court in its summary jurisdiction.\n> \n> > (2) If proceedings are brought before the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 2,000 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.\n> \n> > (3) Proceedings for an offence against this Act or the regulations that are brought before the Local Court may be brought at any time within 2 years after the date on which the offence was allegedly committed.\n> \n> > (4) Subsection (1) does not apply to an offence under section 6(1), 6A(2) or (3) or 7(1).\n> \n> **s 54:** Am 2009 No 106, Sch 4.24; 2024 No 87, Sch 1\\[13\\] \\[14\\]; 2025 No 51, Sch 1\\[22\\].","sortOrder":134},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":135},{"sectionNumber":"55","sectionType":"section","heading":"Act to bind Crown","content":"#### 55 Act to bind Crown\n\n55 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":136},{"sectionNumber":"56","sectionType":"section","heading":"Protection from personal liability","content":"#### 56 Protection from personal liability\n\n56 Protection from personal liability\n\n> Anything done or omitted to be done by the Secretary or an inspector does not subject the Secretary or inspector personally to any action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purpose of executing this Act or the regulations.","sortOrder":137},{"sectionNumber":"56A","sectionType":"section","heading":"Commissioner of police may give Secretary information","content":"#### 56A Commissioner of police may give Secretary information\n\n56A Commissioner of police may give Secretary information\n\n> Without limiting another Act or law that requires or authorises the Commissioner of Police to disclose information, the Commissioner may give the Secretary information relevant to the administration or enforcement of this Act.\n> \n> **s 56A:** Ins 2025 No 51, Sch 1\\[23\\].","sortOrder":138},{"sectionNumber":"56B","sectionType":"section","heading":"Exclusion of liability of State and others","content":"#### 56B Exclusion of liability of State and others\n\n56B Exclusion of liability of State and others\n\n> > (1) This section applies to civil proceedings for damages or other compensation brought against the State, or an authority of the State, to the extent the claim is based on alleged—\n> > \n> > > (a) negligence, or\n> > \n> > > (b) defamation, or\n> > \n> > > (c) breach of duty, including a statutory duty.\n> \n> > (2) Damages or other compensation is not payable in civil proceedings to which this section applies for damage or harm arising from the exercise in good faith of, or failure in good faith to exercise, a function under this Act.\n> \n> > (3) This section does not affect an entitlement to compensation expressly conferred by this Act.\n> \n> **s 56B:** Ins 2025 No 51, Sch 1\\[23\\].","sortOrder":139},{"sectionNumber":"57","sectionType":"section","heading":"Service of documents","content":"#### 57 Service of documents\n\n57 Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be served on or given to any person may be served or given by—\n> > \n> > > (a) in the case of a natural person—\n> > > \n> > > > (i) delivering it to the person personally, or\n> > > \n> > > > (ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or\n> > > \n> > > > (iii) sending it by facsimile transmission to the facsimile number of the person, or\n> > > \n> > > > (iv) email to an email address specified by the person for the service of documents of that kind, or\n> > > \n> > > > (v) any other method authorised by the regulations for the service of documents of that kind, or\n> > \n> > > (b) in the case of a body corporate—\n> > > \n> > > > (i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or\n> > > \n> > > > (ii) sending it by facsimile transmission to the facsimile number of the body corporate, or\n> > > \n> > > > (iii) email to an email address specified by the body corporate for the service of documents of that kind, or\n> > > \n> > > > (iv) any other method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on or given to a person in any other manner.\n> \n> **s 57:** Am 2017 No 25, Sch 1.29 \\[1\\] \\[2\\].","sortOrder":140},{"sectionNumber":"58","sectionType":"section","heading":"Regulations","content":"#### 58 Regulations\n\n58 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular, for or with respect to any of the following—\n> > \n> > > (a) the labelling of packages in which tobacco products or non-tobacco smoking products are packed by a manufacturer, including the position of labels on such packages and the size, colour, style and nature of such labels or labelling,\n> > \n> > > (b) statements or warnings for the purpose of the labelling of any such packages,\n> > \n> > > (c) any statements or warnings to be displayed inside shops and other retail outlets where tobacco products or non-tobacco smoking products are offered or exposed for sale,\n> > \n> > > (d) the labelling of tobacco vending machines,\n> > \n> > > (e) the duty of persons packing, or causing other persons to pack, specified tobacco products prepared for smoking or non-tobacco smoking products to label those products in a specified manner,\n> > \n> > > (f) prohibiting the sale of packages containing specified tobacco products prepared for smoking or non-tobacco smoking products unless those packages are labelled in a specified manner,\n> > \n> > > (g) the form of notices to be used in connection with the entry by inspectors on to any premises, and the manner and occasion of use of such notices,\n> > \n> > > (h) generally regulating the form and content of tobacco advertisements and the matter that may appear on packages containing tobacco products or non-tobacco smoking products,\n> > \n> > > (i) the form and content of signs relating to the provisions of this Act,\n> > \n> > > (j) the display of the signs at places where tobacco products or non-tobacco smoking products are sold,\n> > \n> > > (k) the display of price and other product information in relation to tobacco products, non-tobacco smoking products and smoking accessories,\n> > \n> > > (l) eligibility requirements for retail and wholesale licences,\n> > \n> > > (m) the standard terms and form of retail and wholesale licences,\n> > \n> > > (n) the imposition, variation and revocation of standard conditions on retail or wholesale licences,\n> > \n> > > (o) the renewal of retail or wholesale licences,\n> > \n> > > (p) the payment of fees in relation to retail or wholesale licences, including the following—\n> > > \n> > > > (i) annual fees for licences,\n> > > \n> > > > (ii) fees for applications relating to licences,\n> > > \n> > > > (iii) the waiving, discounting or refunding of fees,\n> > \n> > > (q) the display of retail or wholesale licences, or licence information, at places where tobacco products, non-tobacco smoking products or vaping goods are sold,\n> > \n> > > (r) the keeping, publication, inspection and sharing of documents or information relating to retail or wholesale licences,\n> > \n> > > (s) the monitoring and enforcement of compliance with Part 5,\n> > \n> > > (t) the review of decisions under Part 5,\n> > \n> > > (u) any other matters relating to licences or licence holders.\n> \n> > (2) The regulations may provide for what is taken to comprise premises or not comprise premises for the purposes of all provisions, or any specified provision, of this Act or the regulations.\n> \n> > (3) The regulations may create offences punishable by a penalty not exceeding 25 penalty units.\n> \n> > (4) (Repealed)\n> \n> **s 58:** Am 2015 No 16, Sch 1 \\[25\\]; 2016 No 55, Sch 1.25 \\[1\\]–\\[4\\]; 2024 No 87, Sch 1\\[15\\]; 2024 No 94, Sch 4\\[41\\]–\\[44\\].","sortOrder":141},{"sectionNumber":"59","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 59 Savings, transitional and other provisions\n\n59 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":142},{"sectionNumber":"60","sectionType":"section","heading":"Amendment of Acts","content":"#### 60 Amendment of Acts\n\n60 Amendment of Acts\n\n> The Acts specified in Schedule 2 are amended as set out in that Schedule.","sortOrder":143},{"sectionNumber":"61","sectionType":"section","heading":"Review of certain provisions","content":"#### 61 Review of certain provisions\n\n61 Review of certain provisions\n\n> > (1) The Minister must conduct a review of the reviewable provisions to identify if—\n> > \n> > > (a) the policy objectives of the reviewable provisions remain valid, and\n> > \n> > > (b) the terms of the reviewable provisions remain appropriate for securing the objectives.\n> \n> > (2) The review must be commenced within 6 months after the period of 5 years after the commencement date.\n> \n> > (3) A report on the outcome of the review must be tabled in each House of Parliament within 1 year after the last day by which the review must commence.\n> \n> > (4) In this section—\n> > \n> > commencement date means the date on which the amendments to Part 5 made by the [Public Health (Tobacco) Amendment Act (No 2) 2024](/view/pdf/asmade/act-2024-87) commence.\n> > \n> > reviewable provisions means—\n> > \n> > > (a) the provisions inserted into Part 5 by the [Public Health (Tobacco) Amendment Act (No 2) 2024](/view/pdf/asmade/act-2024-87), and\n> > \n> > > (b) section 31A, and\n> > \n> > > (c) Part 6A.\n> \n> **s 61:** Subst 2024 No 87, Sch 1\\[16\\]. Am 2025 No 51, Sch 1\\[24\\].","sortOrder":144},{"sectionNumber":"62","sectionType":"section","heading":"Review of operation of amendments by Public Health (Tobacco) Amendment Act 2024","content":"#### 62 Review of operation of amendments by Public Health (Tobacco) Amendment Act 2024\n\n62 Review of operation of amendments by [Public Health (Tobacco) Amendment Act 2024](/view/pdf/asmade/act-2024-94)\n\n> > (1) The Minister must cause an independent review to be conducted of the operation of—\n> > \n> > > (a) the amendments to this Act, the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031), the [Medicines, Poisons and Therapeutic Goods Act 2022](/view/html/inforce/current/act-2022-073), the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) and the [Smoke-free Environment Act 2000](/view/html/inforce/current/act-2000-069) by the [Public Health (Tobacco) Amendment Act 2024](/view/pdf/asmade/act-2024-94), and\n> > \n> > > (b) any regulations made for the purposes of those amendments.\n> \n> > (2) The review must commence no later than 1 July 2026.\n> \n> > (3) The person who conducts the review must give the Minister a written report on the outcome of the review within 6 months after commencing the review.\n> \n> > (4) A copy of the report is to be tabled in each House of Parliament within 15 sitting days of the relevant House after the report is given to the Minister.\n> \n> **s 62:** Ins 2024 No 94, Sch 4\\[45\\].","sortOrder":145},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 59)\n\n**sch 1:** Am 2018 No 13, Sch 2 \\[7\\] \\[8\\]; 2024 No 22, Sch 9\\[3\\]; 2024 No 87, Sch 1\\[17\\] (am 2025 No 48, Sch 2.10); 2025 No 51, Sch 1\\[25\\].","sortOrder":146},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 2 Dictionary\n\nSchedule 2 Dictionary\n\nsection 4(1)\n\napproved form, for Part 5—see section 31.\n\nbrand name includes a part of a brand name.\n\ncertificate of authority, for an inspector, means the certificate of authority issued to the inspector under section 43A(3).\n\nclosed premises, for Part 6A—see section 50A.\n\nclosure order means the following—\n\n> (a) a short-term closure order,\n\n> (b) a long-term closure order.\n\ncriminal intelligence has the same meaning as in the [Liquor Act 2007](/view/html/inforce/current/act-2007-090).\n\ndisplay, in relation to a tobacco advertisement, includes cause or permit to be displayed.\n\ndispose of, for Part 6B—see section 50N.\n\nexercise a function includes perform a duty.\n\nfunction includes a power, authority or duty.\n\nhealth warning means a health warning under the [Public Health (Tobacco and Other Products) Act 2023](http://www.legislation.gov.au/) of the Commonwealth.\n\nillicit goods, for Part 6B—see section 50N.\n\nillicit tobacco means a tobacco product that does not comply with all of the following that apply to the product—\n\n> (a) a tobacco product requirement,\n\n> (b) a requirement to include a health warning,\n\n> (c) a requirement prescribed by the regulations.\n\nillicit vaping goods means vaping goods other than vaping goods being sold in accordance with the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031), Part 3A.\n\ninspector means an inspector appointed under section 43A.\n\nlaw enforcement agency means the following—\n\n> (a) the NSW Police Force,\n\n> (b) a police force of another State or Territory,\n\n> (c) the Australian Federal Police,\n\n> (d) another authority or person responsible for the enforcement of the laws of the Commonwealth, the State or another State or Territory.\n\nlicence means a retail licence or a wholesale licence.\n\nlicensed online retail shop, for Part 5—see section 31.\n\nlicensed retail outlet, for Part 5—see section 31.\n\nlicensed retailer means a person who holds a retail licence.\n\nlicensed wholesaler means a person who holds a wholesale licence.\n\nlong-term closure order—see section 50D(1).\n\nMinistry means the Ministry of Health.\n\nnon-tobacco smoking product means a product, other than a tobacco product, that is intended for smoking, and includes a product known or described as herbal cigarettes.\n\nnotifiable person, for Part 6A—see section 50A.\n\noccupier, in relation to premises or a part of premises, including premises or a part that are vacant, means—\n\n> (a) a person who has the right to occupy the premises or part of the premises to the exclusion of the owner, or\n\n> (b) if there is no person with a right to occupy the premises or part of the premises to the exclusion of the owner—the owner of the premises or part of the premises.\n\npack includes cause or permit to be packed.\n\npackage includes—\n\n> (a) a box, carton, cylinder, packet, pouch or tin, or\n\n> (b) a wrapping other than a transparent outer wrapping.\n\npremises means—\n\n> (a) a building or other structure on land, or\n\n> (b) vacant land, or\n\n> (c) a vessel, or\n\n> (d) an aircraft.\n\npublic place means premises open to use by the public or a section of the public, whether or not on payment of a fee or by virtue of being a member.\n\nrecipient, for Part 5—see section 31.\n\nrelevant breach, for Part 6A—see section 50A.\n\nrelevant person, for Part 5—see section 31.\n\nretail licence—see section 32(a).\n\nretail premises, for Part 5—see section 31.\n\nSecretary means the Secretary of the Ministry.\n\nsell includes—\n\n> (a) barter or exchange, or\n\n> (b) offer or expose for sale, barter or exchange, or\n\n> (c) keep for sale or have in possession for sale, or\n\n> (d) supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit, or\n\n> (e) supply, or offer to supply, gratuitously, but with a view to gaining or maintaining custom or otherwise with a view to commercial gain.\n\nshort-term closure order—see section 50B(1).\n\nshow cause notice, for Part 5, Division 2, Subdivision 5—see section 39H(1).\n\nshow cause period, for Part 5, Division 2, Subdivision 5—see section 39H(2).\n\nsmoking accessory includes the following—\n\n> (a) cigarette papers,\n\n> (b) pipes,\n\n> (c) cigarette holders,\n\n> (d) hookahs,\n\n> (e) water pipes,\n\n> (f) another smoking implement.\n\ntobacco advertisement means writing, or a still or moving picture, sign, symbol or other visual image or message or audible message, or a combination of 2 or more of these, that gives publicity to, or otherwise promotes or is intended to promote—\n\n> (a) the purchase or use of a tobacco product, or\n\n> (b) the trademark or brand name, or part of a trademark or brand name, of a tobacco product.\n\ntobacco product means tobacco, or a cigarette or cigar, or another product containing tobacco and designed for human consumption or use.\n\ntobacco product requirement means a tobacco product requirement under the [Public Health (Tobacco and Other Products) Act 2023](http://www.legislation.gov.au/) of the Commonwealth.\n\ntobacco vending machine means a machine, device or contrivance from which tobacco products or non-tobacco smoking products can be obtained by an operation that involves inserting money, or a token or object, into the machine, device or contrivance, whether or not another action is required to activate the machine.\n\ntrademark includes a part of a trademark.\n\nvaping goods has the same meaning as in the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth.\n\nvending machine token means a token designed to be inserted into a tobacco vending machine to enable the purchase or supply of tobacco products or non-tobacco smoking products.\n\nwholesale licence—see section 32(b).\n\nword includes symbol.\n\n**sch 2:** Am 2011 No 27, Sch 4. Rep 2015 No 48, sec 4. Ins 2025 No 51, Sch 1\\[26\\].","sortOrder":168}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has been substantially expanded from its original packaging, advertising and youth‑protection focus to include a comprehensive regulatory and enforcement regime for sellers. Key scope expansions include: (1) a licensing regime for retail and wholesale sellers (Part 5, ss 31–39K) that regulates who may legally sell and where (single licensed retail outlet or single licensed online retail shop) and makes licences non‑transferable (s 35); (2) strong enforcement tools added in 2024–2025 including administrative short‑term closure orders by the Secretary and court long‑term closure orders (Part 6A, ss 50B–50D), expanded seizure and disposal powers for illicit tobacco and illicit vaping goods (Part 6B, ss 50O–50Q), and higher penalties/possession offences for commercial quantities of illicit tobacco (s 6A); (3) broadened prohibitions on display and price/name advertising (s 16E) and explicit inclusion of vaping/illicit vaping goods and non‑tobacco smoking products throughout the Act. These additions move the instrument beyond product labelling and marketing controls into active market‑structure regulation and stronger enforcement and supply‑control measures, increasing regulatory control over market access and business continuity for sellers."},"complexity_factors":["Extensive defined terms: Schedule 2 contains many technical definitions affecting scope and applicability (eg. tobacco product, illicit tobacco, vending machine token, licensed retail outlet).","Multiple major amendments across years (notably 2015, 2018, 2024, 2025) introducing new Parts, repeals and substitutions — increases cross‑referencing and transitional rules.","New licensing regime (Part 5, Div 2) with layered application, renewal, revocation and show‑cause procedures (ss 39–39I) — administrative discretion with procedural safeguards.","Two separate closure regimes: administrative short‑term closure by Secretary (s 50B) and court‑based long‑term closure (s 50D) with different notice/hearing rules.","Detailed enforcement powers: inspector entry, sampling, search warrant procedure, document and evidence powers (ss 43A, 44, 45, 45A, 45B–45D, 48) combined with complex protections (self‑incrimination, criminal intelligence restrictions).","Seizure, certificate evidence and disposal regime with time limits, sample retention and forfeiture on conviction (Part 6B: ss 50O–50R, 50P–50Q).","Numerous penalty schedules varying by type of offender (individual v corporation), first v subsequent offences, criminal vs civil proceedings — many numerical and imprisonment thresholds (eg. s 6, s 6A, Part 6A penalties).","Cross‑references to several other Acts (Interpretation Act 1987, Liquor Act 2007, Poisons and Therapeutic Goods Act 1966, Therapeutic Goods Act 1989, Road Transport Act 2013, Trade Marks Act 1995) — interpretation depends on external instruments.","Extensive regulation‑making power (s 58) giving many technical details to subordinate instruments — practical compliance depends on regulations.","Multiple transitional and savings provisions (Schedule 1 and Parts 2–6 of Schedule 1) that create time‑limited exceptions and lead‑in periods for established businesses."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Sets an overall objective: reduce smoking and other consumption of tobacco and non‑tobacco smoking products, especially among young people (s 3).\n\n- Places rules and criminal/penalty offences on the manufacture, packing, sale, display and promotion of tobacco and related products. Key operational rules include:\n  - Prohibits retail sale of cigarettes unpacked from manufacturer packaging, sale of packs with fewer than 20 cigarettes (except single cigars), and sale of illicit tobacco (s 6).  \n  - Requires packages to carry prescribed health warnings (s 7) and prohibits certain words that contradict or undercut warnings (s 8).  \n  - Bans public display of tobacco and related products so members of the public cannot see them from inside or outside premises (s 9).  \n  - Requires that all tobacco sales at a premises occur from a single point of sale (s 10) and bans mobile, temporary or street selling (s 11).  \n  - Regulates tobacco vending machines (where permitted) — placement, staff control, restricted product display and labelling (ss 12–15).  \n  - Prohibits most tobacco advertising and many forms of promotion (ss 16, 17) and bans shopper loyalty programs that reward tobacco purchases (s 18) and free samples (s 19).  \n  - Prohibits sponsorships by tobacco interests (s 20) and the manufacture or sale of smokeless tobacco that looks like confectionery/toys (s 21).  \n\n- Provides protection for young people:\n  - Sale of tobacco and non‑tobacco smoking products to persons under 18 is an offence; defences exist where appropriate documentary age evidence was produced (s 22).  \n  - Prohibits purchasing or obtaining products or vending tokens on behalf of minors (ss 23–25).  \n  - Police may seize tobacco or vaping products from suspected minors in public (s 26).  \n  - Prohibits smoking in a motor vehicle when a person under 16 is present (s 30).\n\n- Introduces a licensing regime for retail and wholesale sellers (major change):\n  - From the new Part 5, persons must hold a retail licence to sell by retail or a wholesale licence to sell by wholesale (ss 32, 37–38). Licences specify a single licensed retail outlet or a single licensed online retail shop (ss 31, 32, 33).  \n  - Secretary of the Ministry of Health decides grant, renewal, conditions and may revoke licences; applications require approved forms and fees where prescribed (ss 36–39A, 39B–39I, 39K).  \n  - Licences are non‑transferable (s 35).  \n\n- Enforcement, inspection, seizure and disposal powers:\n  - Secretary appoints inspectors; inspectors may enter premises (generally at reasonable times), inspect, take samples, require documents and require answers to questions for authorised purposes (ss 43A, 44, 45, 45A, 45B–45D).  \n  - Inspectors or police can issue penalty notices for prescribed offences (s 50).  \n  - There are seizure and disposal powers for illicit tobacco and illicit vaping goods, and procedures for certificates and disposal (Part 6B: ss 50O–50Q, 50P–50R, 50S–50T).  \n\n- New closure powers for premises (introduced 2025):\n  - Secretary can make short‑term closure orders up to 90 days without prior notice where a `relevant breach` is reasonably suspected (s 50B).  \n  - Secretary may apply to the Local Court for long‑term closure orders up to 12 months; owner/occupier may be notified and may apply for review (ss 50D–50F).  \n  - Closure orders, public notices and prohibitions on entering closed premises are enforced with substantial penalties (ss 50G–50H).  \n\n- Information sharing and no‑liability protections:\n  - Secretary may disclose information to enforcement and revenue agencies for enforcement purposes (s 50M) but criminal intelligence disclosure is restricted without Police Commissioner authority (s 31A).  \n  - Certain protections from personal liability apply to Secretary and inspectors acting in good faith (s 56) and civil liability for the State is limited for good faith exercise of functions (s 56B).\n\n- Regulation‑making power: Governor may make detailed regulations covering labelling, vending machines, licence eligibility and fees, monitoring and enforcement, display of price/name, and many other technical matters (s 58).\n\n\n**Who is affected (practical list)**\n\n- Manufacturers and importers: must comply with package requirements, health warnings, and tainted product prohibitions (ss 4, 7, sch 2 definitions).  \n- Wholesalers and retailers (including online): must hold licences to lawfully sell; are subject to display, point‑of‑sale, promotion and advertising restrictions; face compliance costs and potential revocation or closure (Part 5; ss 9–11, 16–21).  \n- Occupiers/landlords: may be taken to have contravened certain vending machine or display rules unless they can show due diligence or lack of consent (s 15). Closure orders affect leases (ss 50J, 50K).  \n- Consumers and young people: minors are protected by sales prohibitions, seizure powers and vehicle smoking rules (ss 22–26, 30).  \n- Law enforcement and regulatory bodies: NSW Health Secretary, inspectors and police enforce the Act and may share information with federal agencies (ss 43A, 31A, 50M).  \n\n\n**Why it matters (costs, incentives, trade‑offs and implementation points)**\n\n- Compliance costs and administrative burden fall mainly on retailers and wholesalers. They must obtain and maintain licences, follow display and sale rules, change shop layout and systems (single point of sale, concealed display), and keep records for inspectors (Part 5; ss 9–15, 31–39M).  \n\n- The licensing regime and non‑transferability of licences (s 35) create regulatory entry requirements; the Secretary can refuse or revoke licences on grounds including prior offences, closure orders or false information (ss 39A(4), 39G). These rules concentrate regulatory control over who may sell tobacco and vaping goods.  \n\n- Significant penalties (ranging from fines in penalty units to imprisonment for some illicit‑tobacco offences — s 6, s 6A) and seizure/closure powers (Parts 6A and 6B) increase enforcement tools available to the State. That raises risks of business loss (seizure, disposal, licence cancellation, closure) where contraventions are found.  \n\n- The law narrows the scope for marketing, promotions and loyalty mechanisms (ss 16, 17, 18, 19, 20). This reduces tobacco industry channels for customer acquisition but also removes ancillary commercial benefits that retailers previously used to compete.  \n\n- Non‑compliance incentives: higher enforcement and penalties aim to deter illicit trade, but measures restricting legal supply (pack sizes, single points of sale, licensing) also raise potential rewards to illicit suppliers. The Act pairs supply restrictions with seizure, disposal and closure powers to address that (s 6A; Part 6B; ss 50B–50Q).  \n\n- Administrative discretion and implementation risk: the Secretary has broad discretion to set licence conditions, refuse or revoke licences, and issue short‑term closure orders without prior hearing (ss 36, 39A, 50B). That centralises decision‑making in the Ministry and requires robust operational guidance, record‑keeping and procedural fairness (show cause provisions for revocation — ss 39H–39I).  \n\n- Effects on competition: the single‑outlet/website rule for licences (s 32), non‑transferability (s 35) and eligibility grounds (ss 39A(4), 39C(4)) can raise barriers to market entry and reduce the ease of business transfers.  \n\n\n**Key provisions to note for operational compliance**\n\n- Licences required for retail and wholesale sale (ss 32, 37–38); single specified retail outlet or online shop per retail licence (s 32).  \n- Concealment of products from view and single point of sale obligations (ss 9–10).  \n- Prohibition on advertising, promotions, loyalty programs and free samples (ss 16–19).  \n- New closure orders and seizure/disposal regime for illicit goods (Parts 6A and 6B: ss 50B–50Q).  \n- Substantial penalties for possession of commercial quantities of illicit tobacco (s 6A).  \n\n\n**Where to look in the Act**\n\n- Definitions and dictionary: Schedule 2 and s 4.  \n- Licensing and offences for sellers: Part 5 (ss 31–39K, ss 37–38).  \n- Juvenile protection: Part 4 (ss 22–30).  \n- Enforcement, inspectors and seizure: Part 6 and Parts 6A/6B (ss 43A–50V).  \n- Regulation powers and transitional arrangements: ss 58 and Schedule 1.\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3420},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2008 focus on traditional tobacco control. While initially aimed at reducing tobacco consumption through packaging and advertising restrictions, it has evolved into a comprehensive regulatory framework for all smoking-related products. The scope now explicitly includes 'non-tobacco smoking products' (herbal cigarettes) and 'vaping goods' (e-cigarettes). Furthermore, the regulatory approach has shifted from mere point-of-sale controls to a full licensing regime (similar to liquor licensing) and includes extreme enforcement measures like premises closure orders and seizure powers originally associated with serious criminal activity rather than public health regulation. The Act has effectively become a broad 'smoking and vaping products control and enforcement' statute."},"complexity_factors":["**Extensive defined terms**: Schedule 2 contains approximately 40 defined terms, including complex concepts like \"illicit tobacco,\" \"relevant breach,\" and \"non-tobacco smoking product,\" which require cross-referencing with Commonwealth legislation.","**Nested exceptions and conditional logic**: Many offences contain multiple layers of exceptions. For example, section 9 (display bans) has exceptions for customer requests, while section 16 (advertising bans) has specific carve-outs for films, books, and radio/TV broadcasts that require careful parsing.","**Tiered and variable penalties**: The Act distinguishes between penalties for individuals vs corporations (e.g., section 16: 500 vs 6,000 penalty units) and first vs subsequent offences, creating a matrix of potential sanctions.","**Rebuttable presumptions**: Several sections create legal presumptions that shift the burden of proof onto the defendant, such as section 6(2) (tobacco presumed for sale if over prescribed quantity) and section 21(1A) (smokeless tobacco presumed for sale).","**Multi-layered enforcement regimes**: The Act operates three distinct enforcement mechanisms that overlap: (1) standard offences and penalties; (2) licensing regulation (grant, renewal, revocation with show cause notices); and (3) premises closure orders (Part 6A) and seizure powers (Part 6B).","**Dense cross-referencing**: Frequent references to external statutes, including the Commonwealth *Public Health (Tobacco and Other Products) Act 2023*, *Therapeutic Goods Act 1989*, and NSW *Liquor Act 2007* and *Poisons and Therapeutic Goods Act 1966*, require knowledge of those regimes to fully interpret this Act.","**Complex transitional provisions**: Schedule 1 contains intricate savings and transitional provisions spanning amendments from 2008 to 2025, including \"lead-in periods\" for existing businesses and special treatment for applications made during transitional windows.","**Licensing procedural requirements**: Part 5, Division 2 establishes a detailed administrative law framework including application requirements (section 39), show cause notices for revocation (section 39H), and public register maintenance (section 39K)."],"plain_english_summary":"**The Big Picture**\n\nThis is New South Wales' main law for controlling tobacco, vaping products, and related smoking items. Its primary goal is to reduce smoking rates—particularly among young people—by making these products harder to see, harder to buy, and heavily regulated. It affects everyone from corner shop owners and online retailers to wholesalers and individual smokers.\n\n**For Businesses: The Rules of the Game**\n\n* **Licences are Mandatory**: You cannot legally sell tobacco or vaping products (called \"non-tobacco smoking products\" in the Act) without a specific licence from the NSW Government. There are two types: a **retail licence** (for shops or online stores) and a **wholesale licence** (for distributors). These licences can be refused or revoked if you break the law.\n* **Hide the Products**: It is illegal to display tobacco or vaping products where the public can see them—either from inside or outside your shop. Customers must specifically ask to see them. You also cannot sell them from mobile vans, market stalls, or temporary booths.\n* **Vending Machines are Restricted**: Tobacco vending machines are only allowed in specific licensed venues like hotel bars, clubs, or casinos. They must be staff-controlled (either activated by staff or using tokens only available from staff) and cannot display products.\n* **No Advertising or Promotions**: You cannot advertise tobacco or vaping products in public places, give away free samples, run loyalty programs (e.g., \"buy 10 packs, get one free\"), or offer prizes to promote sales. Sponsorships of sports or arts events by tobacco companies are also banned.\n* **Plain Packaging and Health Warnings**: All tobacco products must be sold in their original manufacturer packaging with government health warnings. It is illegal to sell cigarettes loose or in packs of fewer than 20 (except for single cigars).\n* **Illicit Tobacco Crackdown**: The law targets \"illicit tobacco\" (untaxed or unregulated products) with heavy penalties. Possessing commercial quantities can result in fines up to 14,000 penalty units or 7 years imprisonment.\n\n**For Everyone: Public Health Protections**\n\n* **No Sales to Kids**: It is an offence to sell tobacco or vaping products to anyone under 18. It is also illegal for an adult to buy these products on behalf of a minor (\"proxy purchasing\"). Employers are responsible if their staff make illegal sales.\n* **No Smoking in Cars with Children**: It is illegal to smoke in a motor vehicle if anyone under 16 is present. The driver can also be fined if a passenger smokes.\n* **Smokeless Tobacco Ban**: Products designed to be consumed without smoking (like chewing tobacco) are generally banned.\n\n**Enforcement: Inspectors and Closure Orders**\n\n* **Inspector Powers**: Authorised inspectors can enter business premises, demand documents, take photos, seize products, and require people to answer questions. They can apply for search warrants if they suspect illegal activity.\n* **Premises Closure Orders**: This is the \"nuclear option.\" If premises are used to sell illicit tobacco or operate without a licence, the Secretary of Health can issue a short-term closure order (up to 90 days) immediately. The Local Court can issue long-term closure orders (up to 12 months), effectively shutting down the business. Landlords can terminate leases of tenants subject to these orders.\n* **Seizure and Forfeiture**: Inspectors can seize tobacco and vaping products suspected of being illegal. Illicit goods can be destroyed after 28 days.\n\n**The Bottom Line**\n\nThe Act creates a strict compliance environment where selling tobacco or vaping products is a privilege, not a right. It prioritises public health—especially protecting children from exposure to smoking and vaping—over commercial freedom, with severe penalties for black-market activity and sales to minors."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded significantly from its original 2008 focus on traditional tobacco products. It has been progressively amended to cover e-cigarettes and vaping products, introduce retail licensing regimes, expand smoke-free zones (including outdoor areas, cars with children, and areas near hospitals and schools), create business closure order powers, and now potentially extend liability to landlords. What began as a consolidation of tobacco control measures has grown into a broad regulatory regime covering an entirely new category of nicotine products and imposing obligations well beyond the original retail and public smoking framework."},"complexity_factors":["Extensively amended over 25+ times across 17 years, creating a layered and evolving regulatory framework","Multiple amendments not yet commenced, meaning the current operative law differs from what has been passed by parliament","Interaction with other legislation (e.g. Medicines, Poisons and Therapeutic Goods Act 2022, Passenger Transport Act 2014) creates cross-referencing complexity","Covers diverse subject matter including smoke-free areas, retail licensing, advertising restrictions, enforcement powers, and closure orders","Pending Bill (Landlord Offences) indicates ongoing legislative change creating uncertainty","Delegated legislation (regulations) supplements the Act, requiring readers to consult multiple documents","Responsibility split across three Ministers (Health, Regional Health, Mental Health) adds administrative complexity","Rapid expansion of scope from traditional tobacco to e-cigarettes/vaping products required multiple rounds of amendment"],"plain_english_summary":"The NSW Public Health (Tobacco) Act 2008 regulates tobacco and related products (including e‑cigarettes/vapes) across NSW, controlling where they can be used and imposing rules on sale, display, advertising and enforcement powers for inspectors.  \n\nIt affects smokers and vapers, retailers, businesses and venue operators, young people (sales to under‑18s prohibited) and potentially landlords (a Bill under consideration). Heavily amended over 25+ years, it’s central to reducing tobacco exposure and responding to the rise of vaping."}},"importantCases":[],"_links":{"self":"/api/acts/public-health-tobacco-act-2008","history":"/api/acts/public-health-tobacco-act-2008/history","analysis":"/api/acts/public-health-tobacco-act-2008/analysis","conflicts":"/api/acts/public-health-tobacco-act-2008/conflicts","importantCases":"/api/acts/public-health-tobacco-act-2008/important-cases","documents":"/api/acts/public-health-tobacco-act-2008/documents"}}