New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 11

11 Sale of tobacco products by certain means and from certain premises prohibited

(1) A person (the
"vendor" ) must not carry a tobacco product in any public place for the purpose of the sale of the product by retail to persons in the place.

(2) A person must not cause or permit a vendor to carry a tobacco product in contravention of subsection (1) on premises under the person's control.

(3) If a vendor contravenes subsection (1)--

(a) a person who is the employer of the vendor in the person's capacity as vendor, or

(b) a person who has entered into a contract with the vendor in the performance of which the vendor engaged in the activity that constituted the contravention,

is also guilty of an offence.

(4) A person must not sell a tobacco product by retail from--

(a) any booth, tent or other temporary enclosure (including a market stall or stand), whether or not part of the booth, tent or enclosure is permanent, or

(b) any mobile structure, vehicle or vessel.

(5) A person must not cause or permit another person to sell a tobacco product in contravention of subsection (4)--

(a) on premises under the person's control, or

(b) on premises being used for a concert or other event organised by the person.

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