New South Wales Consolidated Acts
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PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 21
Smokeless tobacco, confectionery and toys
21 Smokeless tobacco, confectionery and toys
(1) A person must not manufacture or sell in New South Wales a tobacco product
designed for consumption otherwise than by smoking.
(1A) For the purposes of
subsection (1), a quantity of tobacco product that exceeds the amount
prescribed by the regulations is presumed to be for the purposes of sale if--
(a) it is on premises where tobacco products are being sold, and
(b) it is a
tobacco product designed for consumption otherwise than by smoking.
presumption referred to in subsection (1A) is rebuttable.
(2) Subsection (1)
does not apply to the manufacture or sale of any mixture or product, or
mixture or product of a class, prescribed by the regulations if the
manufacture or sale occurred in the circumstances prescribed by the
(3) A person must not sell--
(a) any confectionery or other
(b) any toy, amusement or other product, that resembles a
tobacco product or is packaged to resemble a tobacco product.
(a) in the case of an individual, 500 penalty units for a first
offence or 1,000 penalty units for a second or subsequent offence, or
the case of a corporation, 1,000 penalty units for a first offence or 2,000
penalty units for a second or subsequent offence.
Note : Continuing offences
against subsection (1) are dealt with in section 52.
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