50LOffence to sell tobacco, smoking products or vaping goods from closed premises

50L Offence to sell tobacco, smoking products or vaping goods from closed premises

50L Offence to sell tobacco, smoking products or vaping goods from closed premises

(1) A person must not sell tobacco products, non-tobacco smoking products or vaping goods from closed premises.

Maximum penalty—

(a) for an individual—

(i) for a first offence—1,250 penalty units or imprisonment for 6 months, or both, or

(ii) for second and subsequent offences—2,500 penalty units or imprisonment for 12 months, or both, or

(b) otherwise—

(i) for a first offence—6,250 penalty units, or

(ii) for second and subsequent offences—12,500 penalty units.

(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.

Maximum penalty—

(a) for an individual—

(i) for a first offence—1,000 penalty units, or

(ii) for second and subsequent offences—1,750 penalty units, or

(b) otherwise—

(i) for a first offence—3,750 penalty units, or

(ii) for second and subsequent offences—6,250 penalty units.

(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.

(4) Subsection (2) does not apply to the sale of a product the person is permitted to sell from the premises in accordance with—

(a) an exemption granted by the Secretary under section 50B(3), or

(b) an exemption granted by the Local Court under section 50D(3).

s 50L: Ins 2025 No 51, Sch 1[20].