(1)  This section applies to –

(a) premises in or from which tobacco products are sold, including specialist tobacconist premises; and

(b) premises in or from which personal vaporiser products are sold.

(2)  A person must not hold any smoking products in the premises except in –

(a) plain sales units; or

(b) concealed storage facilities.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person is not to be taken to have contravened subsection (2) merely by reason of any fleeting incidental handling of smoking products reasonably attaching to –

(a) the stocking or replenishment of plain sales units in the premises; or

(b) the removal of smoking products from plain sales units in the premises to make immediate sales of the smoking products; or

(c) the stocktaking of smoking products held in the premises; or

(d) the removal of smoking products from plain sales units in the premises to concealed storage facilities in the premises, or to places off site, for the purposes of –

(i) cleaning, servicing, repairing, remounting, relocating or replacing the plain sales units; or

(ii) repairing or refurbishing the premises; or

(e) the removal of smoking products from concealed storage facilities in the premises to places off site; or

(f) where a consignment of smoking products is delivered to the premises, the immediate placement of that consignment in concealed storage facilities in the premises.

(4)  A person must not –

(a) cause or allow a sales unit to be located in the premises anywhere outside of a service area of the premises; or

(b) cause or allow a sales unit to be located in the premises within 75 centimetres of –

(i) any confectionery; or

(ii) any product designed or marketed for the use of children; or

(c) cause or allow a sales unit to be so located in the premises in such a way that any of the smoking products held in the sales unit faces more or less towards a public entrance or external window unless –

(i) the direction faced is perpendicular to the plane of the public entrance or external window; or

(ii) the public entrance or external window is at least 2 metres away from the sales unit; or

(d) cause or allow a smoking product to be held in a sales unit in the premises if the premises are colour coded, within 5 metres of the sales unit, in colours that form part of the packaging of the smoking product.

Penalty:  Fine not exceeding 50 penalty units.

(5)  If the premises are not licensed premises, a person must not cause or allow a vending machine to be located in the premises.

Penalty:  Fine not exceeding 50 penalty units.

(6)  If the premises are licensed premises, a person must not cause or allow more than one vending machine to be located in the premises.

Penalty:  Fine not exceeding 50 penalty units.

(7)  If the premises are licensed premises and a vending machine is located therein, a person must not –

(a) cause or allow the vending machine to be located anywhere other than in a restricted area of the premises; or

(b) cause or allow the vending machine to be operated by any member of the public.

Penalty:  Fine not exceeding 50 penalty units.

(8)  If an electronic dispensing unit is located in the premises, a person must not cause or allow the electronic dispensing unit to be operated by any member of the public.

Penalty:  Fine not exceeding 50 penalty units.

(9)  Nothing in this section makes it an offence for a person visiting or working at the premises to be in possession of a personal quantity of smoking product (and relevant smoking accoutrements) for his or her own use.

(10)  In this section –

electronic dispensing unit means a machine that is designed to dispense smoking products and be operated by means of an electronic keypad, whether or not, at a given time, the machine is in working order;

external window, of premises, means a window through which a person standing outside the premises can see into the premises (or any part thereof);

hold means hold for sale;

restricted area, of licensed premises, means an area of the premises that is designated under section 84(1) of the Liquor Licensing Act 1990 as an area in which a person under the age of 18 years cannot enter or remain;

service area, of premises, means an area of the premises –

(a) from where sales of smoking products are ordinarily effected; and

(b) to which the public does not normally have access;

vending machine means a machine, other than an electronic dispensing unit, that is designed to dispense smoking products, whether or not, at a given time, the machine is in working order.