New South Wales Consolidated Acts
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PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 22
Sale of tobacco and non-tobacco smoking products or e-cigarettes and e-cigarette accessories to minors
(1) A person must not sell a tobacco product to a person who is under the age
of 18 years.
(2) A person must not sell a non-tobacco smoking product to a
person who is under the age of 18 years.
(2A) A person must not sell an
e-cigarette or e-cigarette accessory to a person who is under the age of 18
years unless it is an authorised product.
Note : The sale of an e-cigarette
that generates or releases an aerosol or vapour that contains nicotine, or the
sale of an e-cigarette accessory containing nicotine, is prohibited in New
South Wales unless it is an authorised product. See, in particular, the
Poisons and Therapeutic Goods Act 1966 .
(2B) A person who contravenes this
section is guilty of an offence.
(a) in the case of an
individual, 100 penalty units for a first offence or 500 penalty units for a
second or subsequent offence, or
(b) in the case of a corporation, 500
penalty units for a first offence or 1,000 penalty units for a second or
(3) It is a defence to a prosecution for an offence under
this section if the court is satisfied that:
(a) the person to whom the
tobacco product, non-tobacco smoking product, e-cigarette or
e-cigarette accessory was sold was over the age of 14 years at the time of the
(b) at or before the time of the sale there was produced to the
defendant documentary evidence that might reasonably be accepted as applying
to the person to whom the tobacco product or non-tobacco smoking product was
sold and as proving that the person was at least 18 years of age.
(4) In this
"authorised product" means a device or accessory (other than a device or
accessory of a kind excluded by the regulations) that is:
(a) a therapeutic
good (as defined in the Therapeutic Goods Act 1989 of the Commonwealth):
registered in the Australian Register of Therapeutic Goods maintained under
section 9A of that Act, or
(ii) the subject of an approval or authority under
section 19 of that Act, or
(b) supplied under a licence or authority in force
under the Poisons and Therapeutic Goods Act 1966 or the regulations under
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