New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 29

29 Prohibited tobacco products

(1) The Minister may, by notice published in the Gazette, declare that a tobacco product, or a class of tobacco products, specified in the notice is a prohibited tobacco product or are prohibited tobacco products.

(2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that the tobacco product or products, or the smoke of the product or products, has a distinctive fruity, sweet or confectionery-like character that might encourage a minor to smoke.

(3) The Minister may, by further notice published in the Gazette, vary or revoke a notice under this section.

(4) A person must not sell a prohibited tobacco product.

Maximum penalty (subsection (4)): 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.

Editorial note : For notices under this section, see Gazettes No 11 of 15.1.2010, p 136 and No 135 of 17.12.2010, p 5910. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.