New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 7

7 Packing and sale of tobacco product without health warning prohibited

(1) A person must not pack a tobacco product into a package in which the product is to be sold unless the package is marked with a health warning.

(2) A person must not sell a tobacco product unless the package in which the product is sold is marked with a health warning.

(3) This section does not apply to the sale or packing of single cigars.

(4) For the purposes of subsection (2), 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 not in packaging marked with a health warning.

Any such presumption is rebuttable.

: Maximum penalty--100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.