sec.75Restriction on location of tobacco product vending machines

sec.75 Restriction on location of tobacco product vending machines

An occupier of premises must not have a tobacco product vending machine in the premises. Maximum penalty—70 penalty units. Subsection (1) does not apply to— liquor licensed premises if— the liquor licensee for the premises holds a retail licence (liquor); and the tobacco product vending machine in the premises can be accessed only by the employees of the person in charge of the tobacco product vending machine; or a tobacco product vending machine while it is not being used by anyone to supply tobacco products. A tobacco product vending machine being stored, transported or repaired. For subsection (2) (a) (ii) , a tobacco product vending machine in liquor licensed premises can be accessed only by the employees of the person in charge of the machine if the machine is in a part of the premises that— can not be accessed by customers; or a locked storage area the liquor licensee restricts to employees only. behind a bar or counter and out of reach of customers In a prosecution for an offence against subsection (1) , proof that a tobacco product vending machine was capable of being used to supply tobacco products is evidence that the vending machine was being used to supply tobacco products at the relevant time. s 75 sub 2001 No. 20 s 12 amd 2004 No. 47 s 10 ; 2023 No. 16 s 3 sch 1 ; 2023 No. 16 s 14 (sec.75-ssec.1) An occupier of premises must not have a tobacco product vending machine in the premises. Maximum penalty—70 penalty units. (sec.75-ssec.2) Subsection (1) does not apply to— liquor licensed premises if— the liquor licensee for the premises holds a retail licence (liquor); and the tobacco product vending machine in the premises can be accessed only by the employees of the person in charge of the tobacco product vending machine; or a tobacco product vending machine while it is not being used by anyone to supply tobacco products. A tobacco product vending machine being stored, transported or repaired. (sec.75-ssec.3) For subsection (2) (a) (ii) , a tobacco product vending machine in liquor licensed premises can be accessed only by the employees of the person in charge of the machine if the machine is in a part of the premises that— can not be accessed by customers; or a locked storage area the liquor licensee restricts to employees only. behind a bar or counter and out of reach of customers (sec.75-ssec.4) In a prosecution for an offence against subsection (1) , proof that a tobacco product vending machine was capable of being used to supply tobacco products is evidence that the vending machine was being used to supply tobacco products at the relevant time.

• (a) liquor licensed premises if— (i) the liquor licensee for the premises holds a retail licence (liquor); and (ii) the tobacco product vending machine in the premises can be accessed only by the employees of the person in charge of the tobacco product vending machine; or