New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 31

31 Meaning of "engaging in tobacco retailing"

(1) For the purposes of this Part, a person engages in tobacco retailing when--

(a) tobacco products or non-tobacco smoking products are sold by retail in the course of the carrying on of a business that is owned, managed, conducted or operated by the person, or

(b) the person is the owner or lessee of a tobacco vending machine that is situated on premises for the purpose of the sale of tobacco products or non-tobacco smoking products, or

(c) the person is the occupier of premises on which a tobacco vending machine is situated for the purpose of the sale of tobacco products or non-tobacco smoking products (whether or not the vending machine was placed there by the person).

(2) If a sale of tobacco products occurs on premises on which a business is carried on, it is to be presumed for the purposes of this Part, unless the contrary is established, that the sale occurred in the course of the carrying on of that business.