New South Wales Consolidated Regulations

PUBLIC HEALTH (TOBACCO) REGULATION 2009 - SCHEDULE 4

SCHEDULE 4 – Savings and transitional provisions

1 General requirements for display of tobacco products by specialist tobacconists from 1 July 2010 until 1 July 2013

(1) This clause applies on and from 1 July 2010 until 1 July 2013 to a person who is a specialist tobacconist.

(2) A specialist tobacconist may display tobacco products and non-tobacco smoking products only in accordance with the following requirements:

(a) not more than one package for each product line of tobacco products and non-tobacco smoking products may be displayed,

(b) no cartons may be displayed,

(c) the total area of the package facings of tobacco products and non-tobacco smoking products displayed must be no more than 3 square metres,

(d) the display of tobacco products and non-tobacco smoking products must be at least 2 metres from any door or window that opens or looks out on to a public place.

Note: Clause 5 (3) (b) of Schedule 1 to the Act provides that a specialist tobacconist does not commit an offence against section 9 of the Act by displaying tobacco products, non-tobacco smoking products or smoking accessories during the period of 3 years from 1 July 2010 until 1 July 2013 if those products and accessories are displayed in accordance with the regulations.

2 Health warning at point of sale

(1) This clause applies to a shop or other retail outlet from which tobacco products are sold during any period in which the occupier of the premises does not commit an offence against section 9 of the Act by displaying tobacco products on the shop or other retail outlet because of clause 5 of Schedule 1 to the Act.

(2) If in the shop or other retail outlet to which this clause applies there is any sales unit adjoining or adjacent to an area to which the public has access and having transparent surfaces through which tobacco products may be seen by the public, a health warning in the form set out as Form 2 or Form 3 in Schedule 1 must be prominently displayed on a transparent surface that faces toward the area.

(3) If two or more health warnings are required by subclause (2) in a particular situation, health warnings in the forms set out as Form 2 and Form 3 in Schedule 1 are to be displayed in equal or approximately equal numbers.

(4) Any health warning required by this clause must:

(a) be between 50 and 100 centimetres wide and have an area not less than 2,000 cm 2, and

(b) have a white background, and

(c) contain text in black characters printed in the same case (upper or lower), and maintain approximately the same proportions of character size and empty space, as the relevant form in Schedule 1.

(5) The occupier of the shop or other retail outlet concerned is guilty of an offence if this clause is contravened.

Maximum penalty (subclause (5)): 25 penalty units.

3 Applications for specialist tobacconists

(1) Despite clause 5 (5) of Schedule 1 to the Act, the Director-General may also make a determination under that subclause that a person is a specialist tobacconist for the purposes of that clause if the Director-General is satisfied that:

(a) the person had entered into a binding lease or franchise agreement in respect of retail premises in the period from 25 March 2008 up to and including 24 December 2008 for the purpose of conducting the business of retailing tobacco products, and

(b) had commenced tobacco retailing before 25 March 2009, and

(c) for the period of 6 months after the person commenced tobacco retailing, that business conducted by the person had a gross turnover at least 80 per cent of which was obtained from the sale of tobacco products, non-tobacco smoking products or smoking accessories.

(2) For the purposes of clause 5 (6) of Schedule 1 to the Act, the prescribed fee is $250.

(3) An application referred to in clause 5 (6) of Schedule 1 to the Act is to be made by electronic communication in accordance with the relevant instructions on the website www.licence.nsw.gov.au.

(4) Despite clause 5 (6) of Schedule 1 to the Act, an application referred to in that subclause may be made within 12 months after the commencement of section 9 of the Act.

(5) Despite clause 5 (8) of Schedule 1 to the Act, a reference in that clause to the introduction date is to be read as a reference to the date of commencement of section 9 of the Act.