New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008

- As at 31 October 2025
- Act 94 of 2008

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions

   PART 2 - TOBACCO AND OTHER SMOKING PRODUCTS AND SALES

           Division 1 - Tobacco packaging

   5.      Meaning of "health warning"
   6.      Certain sales prohibited
   7.      Packing and sale of tobacco product without health warning prohibited
   7A.     Powers of inspector to seize and dispose of tobacco products exceeding prescribed amounts
   8.      Prohibited words

           Division 2 - Sale and display of tobacco and other smoking products

   8A.     (Repealed)
   9.      Display of tobacco products, non-tobacco smoking products and smoking accessories
   10.     Tobacco products, non-tobacco smoking products and smoking accessories to be sold from one place on premises
   11.     Sale of tobacco products by certain means and from certain premises prohibited

           Division 3 - Tobacco vending machines

   12.     Places where tobacco vending machines may be placed
   13.     Operation of tobacco vending machines to be controlled by staff
   14.     Regulation of product display on tobacco vending machines
   15.     Responsibilities of occupiers for vending machines

   PART 3 - ADVERTISING AND PROMOTION OF TOBACCO PRODUCTS

   15A.    (Repealed)
   16.     Certain advertising prohibited
   16E.    Display of retail prices and names of tobacco products prohibited
   17.     Tobacco products promotions involving prizes or gifts
   18.     Shopper loyalty programs
   19.     Free samples
   20.     Prohibition of sponsorships
   21.     Smokeless tobacco, confectionery and toys
   21A.    Powers of inspector to seize and dispose of smokeless tobacco products

   PART 4 - PROTECTION OF JUVENILES

           Division 1 - Juvenile smoking

   22.     Sale of tobacco and non-tobacco smoking products to minors
   23.     Purchasing tobacco products or non-tobacco smoking products on behalf of minors
   24.     Supplying vending machine tokens to minors and activating tobacco vending machines for minors
   25.     Obtaining vending machine tokens on behalf of minors
   26.     Seizure of tobacco products or non-tobacco smoking products in possession of minors
   27.     Evidence of age
   28.     Liability of employers

           Division 2 - Other measures for the protection of juveniles

   29.     Prohibited tobacco products
   30.     Smoking in motor vehicle prohibited if juvenile present

   PART 5 - RESTRICTIONS ON TOBACCO RETAILING

           Division 1 - Preliminary

   31.     Definitions

           Division 2 - Licences for selling tobacco products or non-tobacco smoking products

              Subdivision 1 - Retail and wholesale licences generally

   32.     Types of licences
   33.     Form of licences
   34.     Duration of licences
   35.     Licences cannot be transferred
   36.     Licence conditions

              Subdivision 2 - Principal offences relating to sale of tobacco products or non-tobacco smoking products

   37.     Selling tobacco products or non-tobacco smoking products by retail without licence
   38.     Selling tobacco products or non-tobacco smoking products by wholesale without licence

              Subdivision 3 - Applications for licences

   39.     Applications for licences
   39A.    Deciding applications for licences

              Subdivision 4 - Applications for renewal of licences

   39B.    Applications to renew licences
   39C.    Deciding applications to renew licences
   39D.    Continuation of licences subject of renewal applications

              Subdivision 5 - Revocation of licences

   39E.    Definitions
   39F.    Revoking licences
   39G.    Grounds for revoking licences
   39H.    Show cause notice for proposed revocations
   39I.    Decision to revoke licences

              Subdivision 6 - Surrender of licences

   39J.    Licence holder may surrender licence

              Subdivision 7 - Register of licences

   39K.    Register of licences

              Subdivision 8 - Miscellaneous

   39L.    Offence of falsely claiming to be licensed
   39M.    Approved forms

           Division 3 - (Repealed)
           None

           Division 4 - Seizure and forfeiture of tobacco products

   40.     Seizure of tobacco products for contravention of retailing prohibition
   41.     Forfeiture of tobacco on conviction
   42.     Destruction of forfeited tobacco
   43.     Return of seized tobacco

   PART 6 - ENFORCEMENT

   43A.    Appointment and functions of inspectors
   44.     Powers of inspectors to enter premises
   45.     Inspector may require information
   46.     Failure to comply with directions or requirements of inspectors
   47.     Obstruction or impersonation of inspectors
   48.     Search warrants
   49.     Removal of certain advertisements
   50.     Penalty notices

   PART 7 - PROCEEDINGS FOR OFFENCES

   51.     Certain civil proceedings barred
   52.     Penalties for continuing offences
   53.     Offences by corporations
   54.     Proceedings for offences

   PART 8 - MISCELLANEOUS

   55.     Act to bind Crown
   56.     Protection from personal liability
   57.     Service of documents
   58.     Regulations
   59.     Savings, transitional and other provisions
   60.     Amendment of Acts
   61.     Review of certain provisions
   62.     Review of operation of amendments by Public Health (Tobacco) Amendment Act 2024
           SCHEDULE 1
           Schedule 2 (Repealed)