21Smokeless tobacco, confectionery and toys

21 Smokeless tobacco, confectionery and toys

21 Smokeless tobacco, confectionery and toys

(1) A person must not manufacture or sell in New South Wales a tobacco product designed for consumption otherwise than by smoking.

(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—

(a) it is on premises where tobacco products are being sold, and

(b) it is a tobacco product designed for consumption otherwise than by smoking.

(1B) The presumption referred to in subsection (1A) is rebuttable.

(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.

(3) A person must not sell—

(a) any confectionery or other food, or

(b) any toy, amusement or other product,

that resembles a tobacco product or is packaged to resemble a tobacco product.

Maximum penalty—

(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

(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.

Note.

Continuing offences against subsection (1) are dealt with in section 52.

s 21: Am 2020 No 32, Sch 7[5].