New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 22

22 Sale of tobacco and non-tobacco smoking products to minors

(1) A person must not sell a tobacco product to a person who is under the age of 18 years.

(2) A person must not sell a non-tobacco smoking product to a person who is under the age of 18 years.

(3) It is a defence to a prosecution for an offence under this section if the court is satisfied that:

(a) the person to whom the tobacco product or non-tobacco smoking product was sold was over the age of 14 years at the time of the sale, and

(b) at or before the time of the sale there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person to whom the tobacco product or non-tobacco smoking product was sold and as proving that the person was at least 18 years of age.

Maximum penalty:

(a) in the case of an individual, 100 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or

(b) in the case of a corporation, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.