New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 24

24 Supplying vending machine tokens to minors and activating tobacco vending machines for minors

(1) A manager or member of staff of premises on which a tobacco vending machine is situated must not supply a vending machine token to a person who is under the age of 18 years or activate a tobacco or e-cigarette vending for a person under the age of 18 years.

: Maximum penalty--

(a) in the case of an individual, 100 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or

(b) in the case of a corporation, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.

(2) It is a defence to a prosecution for an offence under this section if the court is satisfied that--

(a) the person to whom the relevant token was supplied or for whom the tobacco vending machine was activated was over the age of 14 years, and

(b) at or before the time the relevant token was supplied or tobacco vending machine was activated there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person and as proving that the person was at least 18 years of age.