11Sale of tobacco products by certain means and from certain premises prohibited

11 Sale of tobacco products by certain means and from certain premises prohibited

11 Sale of tobacco products by certain means and from certain premises prohibited

(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.

(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.

(3) If a vendor contravenes subsection (1)—

(a) a person who is the employer of the vendor in the person’s capacity as vendor, or

(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,

is also guilty of an offence.

(4) A person must not sell a tobacco product by retail from—

(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

(b) any mobile structure, vehicle or vessel.

(5) A person must not cause or permit another person to sell a tobacco product in contravention of subsection (4)—

(a) on premises under the person’s control, or

(b) on premises being used for a concert or other event organised by the person.

Maximum penalty—100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.