sec.79Persons in charge of tobacco product vending machines may be prohibited from possessing tobacco product vending machines

sec.79 Persons in charge of tobacco product vending machines may be prohibited from possessing tobacco product vending machines

This section applies if— a person in charge of a tobacco product vending machine is convicted of an offence against section 77 ; and within 2 years after the conviction, the person is again convicted of an offence against the section (the subsequent offence ). The court sentencing the person for the subsequent offence may, on its own initiative or the application of the prosecutor, make an order against the person under subsection (3) . The court may make an order applying for a stated period, of at least 2 months but not longer than 1 year— prohibiting the person from possessing tobacco product vending machines; or imposing conditions or restrictions on the possession or use of tobacco product vending machines by the person. However, if the person is in charge of a tobacco product vending machine at more than 1 liquor licensed premises, the order may apply only to the liquor licensed premises where the offences happened. A person must not contravene an order under subsection (3) . Maximum penalty for subsection (5) —200 penalty units. s 79 amd 2001 No. 20 s 14 ; 2023 No. 16 s 3 sch 1 (sec.79-ssec.1) This section applies if— a person in charge of a tobacco product vending machine is convicted of an offence against section 77 ; and within 2 years after the conviction, the person is again convicted of an offence against the section (the subsequent offence ). (sec.79-ssec.2) The court sentencing the person for the subsequent offence may, on its own initiative or the application of the prosecutor, make an order against the person under subsection (3) . (sec.79-ssec.3) The court may make an order applying for a stated period, of at least 2 months but not longer than 1 year— prohibiting the person from possessing tobacco product vending machines; or imposing conditions or restrictions on the possession or use of tobacco product vending machines by the person. (sec.79-ssec.4) However, if the person is in charge of a tobacco product vending machine at more than 1 liquor licensed premises, the order may apply only to the liquor licensed premises where the offences happened. (sec.79-ssec.5) A person must not contravene an order under subsection (3) . Maximum penalty for subsection (5) —200 penalty units.

• (a) a person in charge of a tobacco product vending machine is convicted of an offence against section 77 ; and
• (b) within 2 years after the conviction, the person is again convicted of an offence against the section (the subsequent offence ).
• (a) prohibiting the person from possessing tobacco product vending machines; or
• (b) imposing conditions or restrictions on the possession or use of tobacco product vending machines by the person.