Northern Territory Consolidated Acts Northern Territory Consolidated Acts42. Sale to children prohibited
(1) A person must not sell a tobacco product to a child.
Penalty: If the offender is a natural person - 200 penalty units.
If the offender is a body corporate - 1 000 penalty units.
(2) For the purposes of subsection (1), it is irrelevant that the child was purchasing the tobacco product for or on behalf of an adult.
(3) If an adult employee of a licensed tobacco retailer sells a tobacco product to a child, the licensed tobacco retailer is taken to have committed an offence against subsection (1).
(4) If a child employee of a licensed tobacco retailer sells a tobacco product to another child -
(a) the child employee is taken not to have committed an offence against subsection (1);
(b) the licensed tobacco retailer is taken to have committed an offence against subsection (1); and
(c) if, at the time of the sale, the child employee was being supervised by an adult employee of the licensed tobacco retailer - the adult employee is taken to have committed an offence against subsection (1).
(5) If a child obtains a tobacco product from a vending machine -
(a) the liquor licensee of the liquor licensed premises on which the machine was located is taken to have committed an offence against subsection (1); and
(b) the employee of the liquor licensee who, at the time the child obtained the tobacco product, was in charge of the bar area in which the vending machine was located is taken to have committed an offence against subsection (1).
(6) A person may be prosecuted and found guilty of an offence against subsection (1), including an offence committed by virtue of subsection (3), (4)(b) or (c) or (5)(a) or (b), even though no other person is prosecuted or found guilty of an offence against subsection (1).