Schedule 2 Dictionary
Schedule 2 Dictionary
section 4(1)
approved form, for Part 5—see section 31.
brand name includes a part of a brand name.
certificate of authority, for an inspector, means the certificate of authority issued to the inspector under section 43A(3).
closed premises, for Part 6A—see section 50A.
closure order means the following—
(a) a short-term closure order,
(b) a long-term closure order.
criminal intelligence has the same meaning as in the Liquor Act 2007.
display, in relation to a tobacco advertisement, includes cause or permit to be displayed.
dispose of, for Part 6B—see section 50N.
exercise a function includes perform a duty.
function includes a power, authority or duty.
health warning means a health warning under the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth.
illicit goods, for Part 6B—see section 50N.
illicit tobacco means a tobacco product that does not comply with all of the following that apply to the product—
(a) a tobacco product requirement,
(b) a requirement to include a health warning,
(c) a requirement prescribed by the regulations.
illicit vaping goods means vaping goods other than vaping goods being sold in accordance with the Poisons and Therapeutic Goods Act 1966, Part 3A.
inspector means an inspector appointed under section 43A.
law enforcement agency means the following—
(a) the NSW Police Force,
(b) a police force of another State or Territory,
(c) the Australian Federal Police,
(d) another authority or person responsible for the enforcement of the laws of the Commonwealth, the State or another State or Territory.
licence means a retail licence or a wholesale licence.
licensed online retail shop, for Part 5—see section 31.
licensed retail outlet, for Part 5—see section 31.
licensed retailer means a person who holds a retail licence.
licensed wholesaler means a person who holds a wholesale licence.
long-term closure order—see section 50D(1).
Ministry means the Ministry of Health.
non-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.
notifiable person, for Part 6A—see section 50A.
occupier, in relation to premises or a part of premises, including premises or a part that are vacant, means—
(a) a person who has the right to occupy the premises or part of the premises to the exclusion of the owner, or
(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.
pack includes cause or permit to be packed.
package includes—
(a) a box, carton, cylinder, packet, pouch or tin, or
(b) a wrapping other than a transparent outer wrapping.
premises means—
(a) a building or other structure on land, or
(b) vacant land, or
(c) a vessel, or
(d) an aircraft.
public 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.
recipient, for Part 5—see section 31.
relevant breach, for Part 6A—see section 50A.
relevant person, for Part 5—see section 31.
retail licence—see section 32(a).
retail premises, for Part 5—see section 31.
Secretary means the Secretary of the Ministry.
sell includes—
(a) barter or exchange, or
(b) offer or expose for sale, barter or exchange, or
(c) keep for sale or have in possession for sale, or
(d) supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit, or
(e) supply, or offer to supply, gratuitously, but with a view to gaining or maintaining custom or otherwise with a view to commercial gain.
short-term closure order—see section 50B(1).
show cause notice, for Part 5, Division 2, Subdivision 5—see section 39H(1).
show cause period, for Part 5, Division 2, Subdivision 5—see section 39H(2).
smoking accessory includes the following—
(a) cigarette papers,
(b) pipes,
(c) cigarette holders,
(d) hookahs,
(e) water pipes,
(f) another smoking implement.
tobacco 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—
(a) the purchase or use of a tobacco product, or
(b) the trademark or brand name, or part of a trademark or brand name, of a tobacco product.
tobacco product means tobacco, or a cigarette or cigar, or another product containing tobacco and designed for human consumption or use.
tobacco product requirement means a tobacco product requirement under the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth.
tobacco 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.
trademark includes a part of a trademark.
vaping goods has the same meaning as in the Therapeutic Goods Act 1989 of the Commonwealth.
vending 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.
wholesale licence—see section 32(b).
word includes symbol.
sch 2: Am 2011 No 27, Sch 4. Rep 2015 No 48, sec 4. Ins 2025 No 51, Sch 1[26].