Western Australian Current Acts Western Australian Current Acts (1) In this section
—
specialist retailer means a person who conducts a
business selling tobacco products by way of retail sale if —
(a) the
person or any other person had been conducting that business on 1 July 2005;
and
(b) 80%
or more of the average gross turnover of the business for the financial year
2004 to 2005 was derived from the sale of tobacco products; and
(c) the
business is conducted separately from, not in conjunction with, and not within
the premises of, any other business.
(2) If a person is
charged with an offence under section 22(1) it is a defence to prove that at
the time the offence is alleged to have been committed —
(a) the
person was a specialist retailer; and
(b) the
display was of a cigar or an implement designed to cut a cigar; and
(c) the
display could not be seen from a public place outside the premises specified
in the licence; and
(d) a
health warning sign in accordance with the regulations was displayed
immediately adjacent to the display.
[(3), (4) deleted]
[Section 23 amended: No. 22 of 2009 s. 5; No. 21
of 2018 s. 6.]