New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 29

29 Prohibited tobacco products

(1) The Minister may, by notice published in the Gazette, declare that a tobacco product, or a class of tobacco products, specified in the notice is a prohibited tobacco product or are prohibited tobacco products.

(2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that the tobacco product or products, or the smoke of the product or products, has a distinctive fruity, sweet or confectionery-like character that might encourage a minor to smoke.

(3) The Minister may, by further notice published in the Gazette, vary or revoke a notice under this section.

(4) A person must not sell a prohibited tobacco product.

Maximum penalty (subsection (4)): 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.

Note: For notices under this section, see Gazettes No 11 of 15.1.2010, p 136 and No 135 of 17.12.2010, p 5910.