New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 38

38 Offences only to be taken into account once

(1) An offence may only be taken into account once under section 33 (1) in respect of a particular person and once under section 33 (2) in respect of that person.

(2) An offence that has been taken into account under section 33 (1) in respect of a particular person may also be taken into account under section 33 (2) in respect of that person.

Note : If 3 offences are committed within a 3 year period, the first 2 offences give rise to a 3 month prohibition and the third offence (taken into account with the first 2) results in a further 12 month prohibition. However the second and third offences do not give rise to another 3 month prohibition. Further offences cannot be taken into account with offences that have already been taken into account.