New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 39

39 Notification by person engaging in tobacco retailing or e-cigarette retailing

(1) A person must not engage in tobacco retailing or e-cigarette retailing, or both, unless the person has notified the Secretary, in accordance with this section, that the person intends to engage in retailing of a type so notified.

: Maximum penalty--100 penalty units.

(2) A notice must be provided in the manner prescribed by the regulations and contain the following information--

(a) the business address of the person intending to engage in tobacco retailing or e-cigarette retailing,

(b) the address of the premises at which the person intends to engage in tobacco retailing or e-cigarette retailing,

(c) the registered business name (if any) of the relevant business and, if the business is incorporated, the ACN,

(d) the names and addresses of the owners and directors of the relevant business,

(e) whether the person is intending to engage in tobacco retailing or e-cigarette retailing, or both types of retailing.

(3) A person engaged in tobacco retailing or e-cigarette retailing (but not both) must, before engaging in the other type of retailing, notify the Secretary of the intention to engage in that other type of retailing.

(4) A person engaged in tobacco retailing or e-cigarette retailing, or both, must notify the Secretary of any of the following events within 28 days after becoming aware of the event--

(a) a change in the person's business address,

(b) a change in the address of the premises at which the person engages in that retailing,

(c) a change in the name or address of any owner or director of the retailing business,

(d) a change in the ownership of the retailing business.

(5) The Secretary is, as soon as practicable after being notified that a person intends to engage in tobacco retailing, e-cigarette retailing or both, to ensure that the person--

(a) has a retailer identification number, or

(b) if the person does not have a retailer identification number--is issued a retailer identification number.