New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 36

36 Offence of displaying tobacco and other smoking products while prohibited

(1) A person who is prohibited under this Part from engaging in tobacco retailing for any period must ensure that none of the following things are displayed on the prohibited premises during that period if the person is operating any business on those premises--

(a) tobacco products or non-tobacco smoking products,

(b) smoking accessories,

(c) any sign, information or other thing (including any health warning) relating to a thing referred to in paragraph (a) or (b).

: 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.

(2) For the purposes of this section, products in a tobacco vending machine on premises are taken to be displayed on those premises.

(3) This section does not apply to the display of tobacco products, non-tobacco smoking products or smoking accessories by customers of the business concerned.