New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 4

4 Definitions

(1) In this Act--

"brand name" includes any part of a brand name.

"certificate of authority" , for an inspector, means the certificate of authority issued to the inspector under section 43A(3).

"Commonwealth Act" means the Tobacco Advertising Prohibition Act 1992 of the Commonwealth.

"display" , in relation to a tobacco advertisement, includes cause or permit to be displayed.

"e-cigarette" means--

(a1) e-cigarette liquid, or

(a) a device (other than a device of a kind excluded by the regulations) that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non-tobacco smoking product, or

(b) any other device of a kind prescribed by the regulations that is designed to be used by its user in a way that replicates, or produces an experience similar to, the use of a tobacco product or non-tobacco smoking product.

"e-cigarette accessory" means--

(a) a cartridge, capsule or other container designed to contain e-cigarette liquid, or

(b) a heating element designed for use in an e-cigarette, or

(c) any other component of an e-cigarette (or class of e-cigarettes) of a kind prescribed by the regulations.

"e-cigarette liquid" means a liquid, aerosol, gas, vapour or other substance which, if inserted or otherwise placed in a device, generates or is released as an aerosol or vapour for inhalation by a user of the device in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non-tobacco smoking product.

"e-cigarette vending machine" means a machine, device or contrivance from which e-cigarettes or e-cigarette accessories can be obtained by an operation that involves inserting money, or a token or object, into the machine, device or contrivance, whether or not some other action is required to activate the machine.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"inspector" means an inspector appointed under section 43A.

"non-tobacco smoking product" means any product (other than a tobacco product) that is intended to be smoked, and includes any product known or described as herbal cigarettes.

"occupier" , in relation to premises or a part of premises, means--

(a) a person who has the right to occupy the premises or part to the exclusion of the owner, or

(b) the person who is the owner of the premises or part if there is no person with a right to occupy the premises or part to the exclusion of the owner,

even if the premises are, or the part is, vacant.

"pack" includes cause or permit to be packed.

"package" includes--

(a) a box, carton, cylinder, packet, pouch or tin, or

(b) a wrapping other than a transparent outer wrapping.

"premises" means--

(a) a building or other structure on land, or

(b) vacant land, or

(c) a vessel, or

(d) an aircraft.

"public place" means a place, vehicle or vessel that the public, or a section of the public, is entitled to use or that is open to, or is being used by, the public or a section of the public (whether on payment of money, by virtue of membership of a club or other body, or otherwise).

"Secretary" means the Secretary of the Ministry of Health.

"sell" includes--

(a) barter or exchange, or

(b) offer or expose for sale, barter or exchange, or

(c) keep for sale or have in possession for sale, or

(d) supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit, or

(e) supply, or offer to supply, gratuitously, but with a view to gaining or maintaining custom or otherwise with a view to commercial gain.

"smoke" means smoke, hold or otherwise have control over, an ignited tobacco product or non-tobacco smoking product.

"smoking accessory" includes cigarette papers, pipes, cigarette holders, hookahs, water pipes or any other smoking implement.

"tobacco advertisement" means writing, or any still or moving picture, sign, symbol or other visual image or message or audible message, or a combination of two or more of them, that gives publicity to, or otherwise promotes or is intended to promote--

(a) the purchase or use of a tobacco product, or

(b) the trademark or brand name, or part of a trademark or brand name, of a tobacco product.

"tobacco product" means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.

"tobacco vending machine" means a machine, device or contrivance from which tobacco products or non-tobacco smoking products can be obtained by an operation that involves inserting money, or a token or object, into the machine, device or contrivance, whether or not some other action is required to activate the machine.

"trademark" includes any part of a trademark.

"vending machine token" means--

(a) in relation to a tobacco vending machine--a tobacco vending machine token, or

(b) in relation to an e-cigarette vending machine--a token that is designed to be inserted into an e-cigarette vending machine to enable the purchase or supply of e-cigarettes or e-cigarette accessories from the vending machine.

"word" includes symbol.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) For the purposes of this Act--

(a) every sale that is not a sale by wholesale or otherwise for the purposes of resale is taken to be a sale by retail, and

(b) a sale is presumed to be a sale by retail unless it is established that the sale is a sale by wholesale or otherwise for the purposes of resale.

(3) Notes included in this Act do not form part of this Act.