Tobacco and Other Smoking Products Act 1998
sec.71Power to require details of retail suppliers
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sec.71 Power to require details of retail suppliers
This section applies if the chief executive reasonably believes a manufacturer or wholesaler of smoking products has supplied smoking products to suppliers for sale at retail outlets or online shops. The chief executive may, by written notice given to the manufacturer or wholesaler, require the manufacturer or wholesaler to give all or any of the following information (the supplier information ) to the chief executive for each supplier to which the manufacturer or wholesaler has supplied smoking products— the name of the supplier; if a supplier trades under a business name, that business name; the address of the supplier’s retail outlet; the website address of the supplier’s online shop; the supplier’s postal address; the supplier’s phone number; the supplier’s fax number and email address; the chemical composition of the smoking products; the number, type or quantity of smoking products. The notice must state— the period before the date of the notice, not exceeding 12 months, for which the supplier information is required; and a date, not less than 28 days from the date of the notice, by which the supplier information must be given to the chief executive; and the way the supplier information must be given to the chief executive. The notice may require the supplier information to be given by fax or email. The manufacturer or wholesaler must comply with the notice, unless the manufacturer or wholesaler has a reasonable excuse. Maximum penalty—70 penalty units. The chief executive may use supplier information or disclose supplier information to a person only for the following purposes— compiling and keeping a list of suppliers so that the suppliers may be advised about matters relating to this Act, including the requirements applying to suppliers; monitoring or enforcing compliance with this Act. s 71 ins 2004 No. 47 s 9 amd 2023 No. 16 s 12 (sec.71-ssec.1) This section applies if the chief executive reasonably believes a manufacturer or wholesaler of smoking products has supplied smoking products to suppliers for sale at retail outlets or online shops. (sec.71-ssec.2) The chief executive may, by written notice given to the manufacturer or wholesaler, require the manufacturer or wholesaler to give all or any of the following information (the supplier information ) to the chief executive for each supplier to which the manufacturer or wholesaler has supplied smoking products— the name of the supplier; if a supplier trades under a business name, that business name; the address of the supplier’s retail outlet; the website address of the supplier’s online shop; the supplier’s postal address; the supplier’s phone number; the supplier’s fax number and email address; the chemical composition of the smoking products; the number, type or quantity of smoking products. (sec.71-ssec.3) The notice must state— the period before the date of the notice, not exceeding 12 months, for which the supplier information is required; and a date, not less than 28 days from the date of the notice, by which the supplier information must be given to the chief executive; and the way the supplier information must be given to the chief executive. The notice may require the supplier information to be given by fax or email. (sec.71-ssec.4) The manufacturer or wholesaler must comply with the notice, unless the manufacturer or wholesaler has a reasonable excuse. Maximum penalty—70 penalty units. (sec.71-ssec.5) The chief executive may use supplier information or disclose supplier information to a person only for the following purposes— compiling and keeping a list of suppliers so that the suppliers may be advised about matters relating to this Act, including the requirements applying to suppliers; monitoring or enforcing compliance with this Act.