15OSecretary may recommend ban order

15O Secretary may recommend ban order

(1) The Secretary may recommend to the Minister that a ban order be made in respect of a specified product or a specified class of products.

(2) The Secretary must not make a recommendation under subsection (1) unless the Secretary has fully investigated the matter and is satisfied that—

(a) the product—

(i) is a tobacco product and the product or its smoke possesses a distinctive fruity, sweet or confectionery-like character; or

S. 15O(2)(a)(ii) amended by Nos 55/2016 s. 9(15)(b), 51/2024 s. 65(a).

(ii) is a tobacco product or vaping goods and has packaging that appeals to children or young people; or

(iii) is not a tobacco product but resembles a tobacco product; or

S. 15O(2)
(a)(iiia) inserted by No. 55/2016 s. 9(15)(c), amended by No. 51/2024 s. 65(b).

(iiia) is not vaping goods but resembles vaping goods; or

(iv) is of a nature or is advertised in a way that may encourage children or young people to smoke; and

(b) the supply of the product should be prohibited, having regard to the objects of this Act.

(3) A recommendation by the Secretary must set out the grounds for the recommendation.

S. 15P inserted by No. 49/2009 s. 38.