37Selling tobacco products or non-tobacco smoking products by retail without licence

37 Selling tobacco products or non-tobacco smoking products by retail without licence

37 Selling tobacco products or non-tobacco smoking products by retail without licence

(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.

Maximum penalty—

(a) for an individual—6,000 penalty units, or

(b) otherwise—8,000 penalty units.

(2) A person does not commit an offence under subsection (1) if—

(a) the person is employed by or otherwise engaged to work for a licensed retailer, and

(b) the sale is made in accordance with—

(i) this Act and the regulations, and

(ii) a retail licence held by the licensed retailer.

(3) A licensed retailer must not sell tobacco products or non-tobacco smoking products by retail other than in accordance with—

(a) this Act and the regulations, and

(b) a retail licence held by the licensed retailer.

Maximum penalty—

(a) for an individual—6,000 penalty units, or

(b) otherwise—8,000 penalty units.

s 37: Subst 2024 No 87, Sch 1[9]. Am 2025 No 51, Sch 1[9].