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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Smoke-free Environment Amendment
Bill 2018
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Smoke-free Environment Act 2000 No 69 3
Schedule 2 Amendment of Public Health (Tobacco) Act 2008 No 94 4
Schedule 3 Consequential amendment of Passenger Transport (General)
Regulation 2017 7
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Smoke-free Environment Amendment
Bill 2018
Act No , 2018
An Act to amend the Smoke-free Environment Act 2000 and the Public Health (Tobacco) Act 2008
to regulate the sale and smoking of e-cigarettes, heat-not-burn tobacco products and other
products restricted under the Public Health (Tobacco) Act 2008; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Smoke-free Environment Amendment Bill 2018 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Smoke-free Environment Amendment Act 2018.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Smoke-free Environment Amendment Bill 2018 [NSW]
Schedule 1 Amendment of Smoke-free Environment Act 2000 No 69
Schedule 1 Amendment of Smoke-free Environment Act 2000
No 69
[1] Section 3 Object of Act
Insert ", as well as aerosol or vapour (whether or not containing nicotine) generated by
e-cigarettes," after "other smoke".
[2] Section 4 Definitions
Omit the definitions of smoke and smoking product.
Insert in alphabetical order:
e-cigarette, non-tobacco smoking product and tobacco product have the
same meanings as in the Public Health (Tobacco) Act 2008.
smoke means use, consume, hold or otherwise have control over a tobacco
product, non-tobacco smoking product or e-cigarette that is generating
(whether or not by burning) smoke or an aerosol or vapour.
[3] Section 19A
Insert before section 20:
19A Exemption relating to premises of e-cigarette retailers
(1) This section applies to the premises of e-cigarette retailers who notify the
Secretary under section 39 of the Public Health (Tobacco) Act 2008 (as
substituted by the Smoke-free Environment Amendment Act 2018) of an
intention to engage in e-cigarette retailing.
(2) The Secretary may, by order in writing, exempt persons from sections 7 and 8
in relation to the smoking of e-cigarettes on the premises of an e-cigarette
retailer.
(3) An exemption may be subject to such conditions, including requiring the
display of the order, as may be specified in the order.
(4) An exemption does not apply unless the person complies with all applicable
conditions of the exemption.
(5) In this section, e-cigarette retailer means a person who engages in e-cigarette
retailing, but does not engage in tobacco retailing, within the meaning of those
terms in Part 5 of the Public Health (Tobacco) Act 2008.
Page 3
Smoke-free Environment Amendment Bill 2018 [NSW]
Schedule 2 Amendment of Public Health (Tobacco) Act 2008 No 94
Schedule 2 Amendment of Public Health (Tobacco) Act 2008
No 94
[1] Part 5, heading
Insert "and e-cigarette retailing" after "retailing".
[2] Section 31A
Insert after section 31:
31A Meaning of "engaging in e-cigarette retailing"
For the purposes of this Part, a person engages in e-cigarette retailing when:
(a) e-cigarettes or e-cigarette accessories 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 an e-cigarette vending machine that
is situated on premises for the purpose of the sale of e-cigarettes or
e-cigarette accessories, or
(c) the person is the occupier of premises on which an e-cigarette vending
machine is situated for the purpose of the sale of e-cigarettes or
e-cigarette accessories (whether or not the vending machine was placed
there by the person).
[3] Part 5, Division 3, heading
Insert "and e-cigarette retailers" after "retailers".
[4] Section 39
Omit the section. Insert instead:
39 Notification by person engaging in tobacco retailing or e-cigarette retailing
(1) A person must not engage in tobacco retailing or e-cigarette retailing, or both,
unless the person has notified the Secretary, in accordance with this section,
that the person intends to engage in retailing of a type so notified.
Maximum penalty: 100 penalty units.
(2) A notice must be provided in the manner prescribed by the regulations and
contain the following information:
(a) the business address of the person intending to engage in tobacco
retailing or e-cigarette retailing,
(b) the address of the premises at which the person intends to engage in
tobacco retailing or e-cigarette retailing,
(c) the registered business name (if any) of the relevant business and, if the
business is incorporated, the ACN,
(d) the names and addresses of the owners and directors of the relevant
business,
(e) whether the person is intending to engage in tobacco retailing or
e-cigarette retailing, or both types of retailing.
(3) A person engaged in tobacco retailing or e-cigarette retailing (but not both)
must, before engaging in the other type of retailing, notify the Secretary of the
intention to engage in that other type of retailing.
Page 4
Smoke-free Environment Amendment Bill 2018 [NSW]
Schedule 2 Amendment of Public Health (Tobacco) Act 2008 No 94
(4) A person engaged in tobacco retailing or e-cigarette retailing, or both, must
notify the Secretary of any of the following events within 28 days after
becoming aware of the event:
(a) a change in the person's business address,
(b) a change in the address of the premises at which the person engages in
that retailing,
(c) a change in the name or address of any owner or director of the retailing
business,
(d) a change in the ownership of the retailing business.
(5) The Secretary is, as soon as practicable after being notified that a person
intends to engage in tobacco retailing, e-cigarette retailing or both, to ensure
that the person:
(a) has a retailer identification number, or
(b) if the person does not have a retailer identification number--is issued a
retailer identification number.
[5] Section 39A Restriction on obtaining or selling tobacco, e-cigarettes or e-cigarette
accessories by wholesale without retailer identification number
Insert ", e-cigarette or e-cigarette accessory" after "tobacco product" wherever occurring.
[6] Section 39A
Omit "tobacco retailer notification number" wherever occurring.
Insert instead "retailer identification number".
[7] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
any other Act that amends this Act
[8] Schedule 1, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Smoke-free Environment Amendment Act 2018
9 Definition
In this Part:
amending Act means the Smoke-free Environment Amendment Act 2018.
10 Existing tobacco retailers and e-cigarette retailers
(1) A person who, immediately before the substitution of section 39 by the
amending Act, had been issued a tobacco retailer notification number by the
Secretary is taken to have notified the Secretary of an intention to engage in
tobacco retailing under that section as so substituted.
(2) A tobacco retailer notification number issued under section 39 before the
substitution of that section is taken to be a retailer identification number for the
purposes of that section.
(3) A person who was engaged in e-cigarette retailing immediately before the
substitution of section 39 by the amending Act does not commit an offence
Page 5
Smoke-free Environment Amendment Bill 2018 [NSW]
Schedule 2 Amendment of Public Health (Tobacco) Act 2008 No 94
against section 39 if the person gives notice of the intention to engage in
e-cigarette retailing within the period of 3 months after the day of that
substitution.
Page 6
Smoke-free Environment Amendment Bill 2018 [NSW]
Schedule 3 Consequential amendment of Passenger Transport (General) Regulation 2017
Schedule 3 Consequential amendment of Passenger
Transport (General) Regulation 2017
[1] Clause 3 Definitions
Omit the definition of smoke from clause 3 (1).
[2] Clause 51 No smoking
Omit clause 51 (3). Insert instead:
(3) In this clause, smoke has the same meaning as in the Smoke-free Environment
Act 2000.
Page 7
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