New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 39

39 Notification by person engaging in tobacco retailing

(1) A person must not engage in tobacco retailing after the commencement of this section unless the person has first notified the Director-General, in accordance with this section, that the person intends to engage in tobacco retailing.

Maximum penalty: 100 penalty units.

(2) A notice required by subsection (1) must be provided in the manner prescribed by the regulations and contain the following information:

(a) the business address of the person intending to engage in tobacco retailing,

(b) the address of the premises at which the person intends to engage in tobacco retailing,

(c) the registered business name (if any) of the relevant business and, if the business is incorporated, the ACN,

(d) the names and addresses of the owners and directors of the tobacco retailing business.

(3) A person who was engaged in tobacco retailing immediately before the commencement of this section does not commit an offence against subsection (1) if the person gives the notification required by that subsection within the period of 3 months after the commencement of this section.

(4) A person engaged in tobacco retailing must notify the Director-General of each of the following events within 28 days after becoming aware of the event:

(a) a change in the person’s business address,

(b) a change in the address of the premises at which the person engages in tobacco retailing,

(c) a change in the name or address of any owner or director of the tobacco retailing business,

(d) a change in the ownership of the tobacco retailing business.