New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 22

22 Sale of tobacco and non-tobacco smoking products or e-cigarettes and e-cigarette accessories to minors

(1) A person must not sell a tobacco product to a person who is under the age of 18 years.

(2) A person must not sell a non-tobacco smoking product to a person who is under the age of 18 years.

(2A) A person must not sell an e-cigarette or e-cigarette accessory to a person who is under the age of 18 years unless it is an authorised product.

Note : The sale of an e-cigarette that generates or releases an aerosol or vapour that contains nicotine, or the sale of an e-cigarette accessory containing nicotine, is prohibited in New South Wales unless it is an authorised product. See, in particular, the Poisons and Therapeutic Goods Act 1966 .

(2B) A person who contravenes this section is guilty of an offence.

: 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.

(3) 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 tobacco product, non-tobacco smoking product, e-cigarette or e-cigarette accessory was sold was over the age of 14 years at the time of the sale, and

(b) at or before the time of the sale there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person to whom the tobacco product or non-tobacco smoking product was sold and as proving that the person was at least 18 years of age.

(4) In this section--

"authorised product" means a device or accessory (other than a device or accessory of a kind excluded by the regulations) that is--

(a) a therapeutic good (as defined in the Therapeutic Goods Act 1989 of the Commonwealth)--

(i) registered in the Australian Register of Therapeutic Goods maintained under section 9A of that Act, or

(ii) the subject of an approval or authority under section 19 of that Act, or

(b) supplied under a licence or authority in force under the Poisons and Therapeutic Goods Act 1966 or the regulations under that Act.