New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 15

15 Responsibilities of occupiers for vending machines

(1) If the owner or lessee of a tobacco vending machine contravenes a provision of this Division in relation to the tobacco vending machine, the occupier of the premises on which the vending machine was situated at the time of the contravention is taken to have contravened the same provision unless the occupier proves that--

(a) the vending machine was placed on the premises in compliance with this Division and the occupier could not by the exercise of due diligence have prevented the contravention, or

(b) the vending machine was placed and retained on the premises without the occupier's knowledge or consent.

(2) If a person sells or displays tobacco products or non-tobacco smoking products by means of a tobacco vending machine in contravention of a provision of this Act, the occupier of the premises on which the vending machine was situated at the time of the contravention is taken to have contravened the same provision unless the occupier proves that--

(a) the vending machine was placed on the premises in compliance with this Division and the occupier could not by the exercise of due diligence have prevented the contravention, or

(b) the vending machine was placed and retained on the premises without the occupier's knowledge or consent.

(3) The occupier of premises may be proceeded against and convicted under a provision of this Act by virtue of this section whether or not the owner or lessee of the tobacco vending machine, or person who sold or displayed the tobacco products or non-tobacco smoking products, has been proceeded against or convicted under the provision.

(4) This section is not affected by the terms of any agreement or other arrangement with respect to the use or operation of the tobacco vending machine or the sale or display of tobacco products or non-tobacco smoking products by means of the machine (including an agreement or other arrangement entered into before the commencement of this section).