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.
(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 regulations.
(3) A person must not sell:
(a) any confectionery or other food, or
(b) any toy, amusement or other product,
that resembles a tobacco product or is packaged to resemble a tobacco product.
Maximum penalty:
(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
(b) in 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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