Public Health (Tobacco) Act 2008 (NSW)

Public Health (Tobacco) Act 2008 No 94

An Act to regulate the sale, supply, advertising and promotion of tobacco products; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Public Health (Tobacco) Act 2008.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act (1) The object of this Act is to reduce the incidence of smoking and other consumption of tobacco products and non-tobacco smoking products, particularly by young people, in recognition of the fact that the consumption of those products adversely impacts on the health of the people of New South Wales and places a substantial burden on the State's health and financial resources. (2) This Act aims to achieve that object by— (a) regulating the packaging, advertising and display of tobacco products and non-tobacco smoking products, and (b) prohibiting the supply of tobacco products and non-tobacco smoking products to children, and (c) reducing the exposure of children to environmental tobacco smoke and aerosols or vapours from vaping goods.

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). display, in relation to a tobacco advertisement, includes cause or permit to be displayed. 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. 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 token that is designed to be inserted into an tobacco vending machine to enable the purchase or supply of tobacco products or non-tobacco smoking products. word includes symbol.