Northern Territory Consolidated Acts

TOBACCO CONTROL ACT - SECT 38

(1) The Director may cancel or suspend a tobacco retail licence if -

(a) a retailer under the licence is found guilty of an offence against section 42 or 43;

(b) a retailer under the licence is found guilty of 2 or more offences against this Act or the Regulations (other than offences against section 42 or 43);

(c) 2 or more retailers under the licence are each found guilty of an offence against this Act or the Regulations (other than offences against section 42 or 43);

(d) a retailer under the licence is issued with 2 or more infringement notices within a 12-month period;

(e) 2 or more retailers under the licence are each issued with an infringement notice within a 12-month period; or

(f) the licensed tobacco retailer provided the Director with information in support of his or her application for the grant of, or approval to transfer, his or her tobacco retail licence that was false or misleading in a material particular.

(2) The suspension of a tobacco retail licence has, during the period of suspension, the same effect as the cancellation of the licence.

(3) For the purposes of subsection (1), a person is a retailer under a tobacco retail licence if the person is -

(a) the licensed tobacco retailer;

(b) an employee or agent of that licensed tobacco retailer; or

(c) any other person authorised under the tobacco retail licence to sell tobacco products by retail.