New South Wales Consolidated Acts
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PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 31
Meaning of "engaging in tobacco retailing"
31 Meaning of "engaging in tobacco retailing"
(1) For the purposes of this Part, a person engages in tobacco retailing
(a) tobacco products or non-tobacco smoking products are sold by retail
in the course of the carrying on of a business that is owned, managed,
conducted or operated by the person, or
(b) the person is the owner or lessee
of a tobacco vending machine that is situated on premises for the purpose of
the sale of tobacco products or non-tobacco smoking products, or
person is the occupier of premises on which a tobacco vending machine is
situated for the purpose of the sale of tobacco products or
non-tobacco smoking products (whether or not the vending machine was placed
there by the person).
(2) If a sale of tobacco products occurs on premises on
which a business is carried on, it is to be presumed for the purposes of this
Part, unless the contrary is established, that the sale occurred in the course
of the carrying on of that business.
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