New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008

- As at 21 March 2024 
- Act 94 of 2008 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions

   PART 2 - TOBACCO AND OTHER SMOKING PRODUCTS AND SALES

           Division 1 - Tobacco packaging

   5.      Meaning of "health warning"
   6.      Certain sales prohibited
   7.      Packing and sale of tobacco product without health warning prohibited
   7A.     Powers of inspector to seize and dispose of tobacco products exceeding prescribed amounts
   8.      Prohibited words

           Division 2 - Sale and display of tobacco and other smoking products

   8A.     Application of Division to e-cigarettes and e-cigarette accessories
   9.      Display of tobacco products, non-tobacco smoking products and smoking accessories
   10.     Tobacco products, non-tobacco smoking products and smoking accessories to be sold from one place on premises
   11.     Sale of tobacco products by certain means and from certain premises prohibited

           Division 3 - Tobacco vending machines and e-cigarette vending machines

   12.     Places where tobacco or e-cigarette vending machines may be placed
   13.     Operation of tobacco or e-cigarette vending machines to be controlled by staff
   14.     Regulation of product display on tobacco or e-cigarette vending machines
   15.     Responsibilities of occupiers for vending machines

   PART 3 - ADVERTISING AND PROMOTION OF TOBACCO PRODUCTS AND E-CIGARETTES

   15A.    Application of Part to e-cigarettes and e-cigarette accessories
   16.     Certain advertising prohibited
   17.     Tobacco products promotions involving prizes or gifts
   18.     Shopper loyalty programs
   19.     Free samples
   20.     Prohibition of sponsorships
   21.     Smokeless tobacco, confectionery and toys
   21A.    Powers of inspector to seize and dispose of smokeless tobacco products

   PART 4 - PROTECTION OF JUVENILES

           Division 1 - Juvenile smoking

   22.     Sale of tobacco and non-tobacco smoking products or e-cigarettes and e-cigarette accessories to minors
   23.     Purchasing tobacco, smoking or vaping products on behalf of minors
   24.     Supplying vending machine tokens to minors and activating tobacco or e-cigarette vending machines for minors
   25.     Obtaining vending machine tokens on behalf of minors
   26.     Seizure of tobacco products, non-tobacco smoking products or e-cigarettes in possession of minors
   27.     Evidence of age
   28.     Liability of employers

           Division 2 - Other measures for the protection of juveniles

   29.     Prohibited tobacco products
   30.     Smoking in motor vehicle prohibited if juvenile present

   PART 5 - RESTRICTIONS ON TOBACCO RETAILING AND E-CIGARETTE RETAILING

           Division 1 - Preliminary

   31.     Meaning of "engaging in tobacco retailing"
   31A.    Meaning of "engaging in e-cigarette retailing"
   32.     Meaning of "conviction"

           Division 2 - Prohibition against tobacco retailing

   33.     Prohibition against tobacco retailing for multiple offences
   34.     Prohibition applicable to certain premises only
   35.     Offence of engaging in tobacco retailing while prohibited
   36.     Offence of displaying tobacco and other smoking products while prohibited
   37.     Effect of appeal against conviction
   38.     Offences only to be taken into account once

           Division 3 - Notification by tobacco retailers and e-cigarette retailers

   39.     Notification by person engaging in tobacco retailing or e-cigarette retailing
   39A.    Restriction on obtaining or selling tobacco, e-cigarettes or e-cigarette accessories by wholesale without retailer identification number

           Division 4 - Seizure and forfeiture of tobacco products

   40.     Seizure of tobacco products for contravention of retailing prohibition
   41.     Forfeiture of tobacco on conviction
   42.     Destruction of forfeited tobacco
   43.     Return of seized tobacco

   PART 6 - ENFORCEMENT

   44.     Powers of inspectors to enter premises
   45.     Inspector may require information
   46.     Failure to comply with directions or requirements of inspectors
   47.     Obstruction or impersonation of inspectors
   48.     Search warrants
   49.     Removal of certain advertisements
   50.     Penalty notices

   PART 7 - PROCEEDINGS FOR OFFENCES

   51.     Certain civil proceedings barred
   52.     Penalties for continuing offences
   53.     Offences by corporations
   54.     Proceedings for offences

   PART 8 - MISCELLANEOUS

   55.     Act to bind Crown
   56.     Protection from personal liability
   57.     Service of documents
   58.     Regulations
   59.     Savings, transitional and other provisions
   60.     Amendment of Acts
   61.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)