Public Health (Tobacco) Regulation 2022 (2022-469) (NSW)

Public Health (Tobacco) Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Public Health (Tobacco) Regulation 2022.

2 Commencement This Regulation commences on 1 September 2022.

Note— This Regulation replaces the Public Health (Tobacco) Regulation 2016, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions In this Regulation— authorised product has the same meaning as in the Act, section 22. the Act means the Public Health (Tobacco) Act 2008.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Exclusion from definition of "e-cigarette"—the Act, s 4(1) In the Act, Part 3, e-cigarette does not include an authorised product.

5 Exclusion from definition of "e-cigarette advertisement"—the Act, s 15A(3) An e-cigarette advertisement does not include a trademark or brand name of an e-cigarette to the extent the trademark or brand name is displayed on— (a) an e-cigarette, or (b) a package in which an e-cigarette is sold.

Part 2 Packing, advertisement and sale of tobacco and other smoking products

6 Certain sales prohibited—the Act, s 6 For the Act, section 6(4), the prescribed amount is 100 grams.

7 Packing and sale of tobacco product without health warning prohibited—the Act, s 7 For the Act, section 7(4), the following amounts are prescribed— (a) for cigarettes—50 cigarettes, (b) for other tobacco products—50 grams.

8 Display of tobacco products, non-tobacco smoking products and smoking accessories—the Act, s 9 For the Act, section 9(2)(c), the display of authorised products on premises on which tobacco products or non-tobacco smoking products are sold is exempt from the Act, section 9.