Tobacco and Other Smoking Products Act 1998
sec.69When employee of supplier liable
Start here
Get a plain-English read of sec.69
Turn the raw legal text into a practical explanation grounded in Tobacco and Other Smoking Products Act 1998.
sec.69 When employee of supplier liable
This section applies if a supplier has, in relation to an employee of the supplier, taken the prevention measures. After the prevention measures have been taken, the employee of the supplier must not, in the course of the employee’s employment— supply a smoking product to a child; or sell a smoking product unless the supplier holds a retail or wholesale licence that authorises that type of sale. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units. This section does not apply to— an employee who is a child; or the sale of a smoking product if— the supplier is a pharmacist; and the smoking product is a regulated substance; and the sale is made under a prescription. s 69 amd 1999 No. 61 s 23 ; 2001 No. 20 s 10 ; 2004 No. 47 s 7 ; 2023 No. 16 s 11 (sec.69-ssec.1) This section applies if a supplier has, in relation to an employee of the supplier, taken the prevention measures. (sec.69-ssec.2) After the prevention measures have been taken, the employee of the supplier must not, in the course of the employee’s employment— supply a smoking product to a child; or sell a smoking product unless the supplier holds a retail or wholesale licence that authorises that type of sale. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units. (sec.69-ssec.3) This section does not apply to— an employee who is a child; or the sale of a smoking product if— the supplier is a pharmacist; and the smoking product is a regulated substance; and the sale is made under a prescription.
- (a) supply a smoking product to a child; or
- (b) sell a smoking product unless the supplier holds a retail or wholesale licence that authorises that type of sale.
- (a) for a first offence—20 penalty units; or
- (b) for a second or later offence—40 penalty units.
- (a) an employee who is a child; or
- (b) the sale of a smoking product if— (i) the supplier is a pharmacist; and (ii) the smoking product is a regulated substance; and (iii) the sale is made under a prescription.
- (i) the supplier is a pharmacist; and
- (ii) the smoking product is a regulated substance; and
- (iii) the sale is made under a prescription.
- (i) the supplier is a pharmacist; and
- (ii) the smoking product is a regulated substance; and
- (iii) the sale is made under a prescription.