New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 12

12 Places where tobacco or e-cigarette vending machines may be placed

(1) A person who owns or is the lessee of a tobacco or e-cigarette vending machine must not place the vending machine, or cause or permit the vending machine to be placed, in any premises in New South Wales for the purpose of the sale of tobacco products or non-tobacco smoking products unless the vending machine is placed in an area of the premises that is--

(a) a bar area of a hotel or club premises within the meaning of the Liquor Act 2007 , or

(b) a bar area of a casino within the meaning of the Liquor Act 2007 as applied by the Casino Control Act 1992 , or

(c) a gaming machine area within the meaning of the Gaming Machines Act 2001 .

(2) A person who owns or is the lessee of a tobacco or e-cigarette vending machine must not place the vending machine, or cause or permit the vending machine to be placed, in any of the following premises in New South Wales for the purpose of the sale of tobacco products or non-tobacco smoking products if, as a result, more than one tobacco or e-cigarette vending machine would be situated on those premises--

(a) a hotel (within the meaning of the Liquor Act 2007 ),

(b) club premises (within the meaning of the Liquor Act 2007 ),

(c) a casino (within the meaning of the Casino Control Act 1992 ), including premises to be considered to form part of the casino by an order under section 89 (3) of that Act.

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

Note : Continuing offences against subsections (1) and (2) are dealt with in section 52.

Note : Lead-in periods for offences under this section are provided in relation to tobacco vending machines already situated in premises (see clause 6 of Schedule 1).