New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 23

23 Purchasing tobacco, smoking or vaping products on behalf of minors

(1) A person of or above the age of 18 years must not purchase, on behalf of a person under the age of 18 years, a tobacco, smoking or vaping product from premises where such products are sold.

: Maximum penalty--20 penalty units.

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

(a) the person on whose behalf the relevant product was purchased was over the age of 14 years, and

(b) at or before the time the relevant product was purchased 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.

(3) In this section--

"tobacco, smoking or vaping product" means any of the following--

(a) a tobacco product,

(b) a non-tobacco smoking product,

(c) an e-cigarette that is not an authorised product within the meaning of section 22,

(d) an e-cigarette accessory that is not an authorised product within the meaning of section 22.