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Sale of Tobacco:

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In New South Wales the sale of tobacco is primarily regulated by the Public Health (Tobacco) Act 2008 and Public Health (Tobacco) Regulation 2016. Within each piece of legislation, the key areas relate to:

  • A notification (registration) and negative licensing scheme for retailers selling tobacco products or non-tobacco smoking products;
  • A ban on the sale of tobacco products, non-tobacco smoking products, e-cigarettes and e-cigarette accessories to anyone under 18;
  • A ban on the display of tobacco products, non-tobacco smoking products, smoking accessories, e-cigarettes and e-cigarette accessories in shops;
  • All tobacco sold must be packaged correctly with appropriate health warnings;
  • Allowing only a single point of sale for tobacco products, non-tobacco smoking products, smoking accessories, e-cigarettes and e-cigarette accessories in retail outlets;
  • Restricting tobacco or e-cigarette vending machines to licensed venues restricted to over 18s;
  • Ensuring that tobacco or e-cigarette vending machines comply with product display bans and are only activated by a staff member or by a token which is only available from a staff member;
  • A ban on tobacco products, non-tobacco smoking products and e-cigarette products in shopper-loyalty programs;
  • Displaying health warnings and a notice regarding sales to minors at the point of sale.

At Navado, we may be able to assist you if you believe you may have a case against a vendor who has failed to comply with the legislative requirements and standards. If you are a vendor and are unsure of your obligations and requirements at law, or if a complaint against you is being investigated, Navado may be able to assist.

We invite you to contact our firm on (02) 9233 4048 or send an email to info@navado.com.au and arrange an appointment to see one of our Compliance & Regulatory Law Solicitors.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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