(1)  This section applies to specialist tobacconist premises.

(2)  A person must not display any tobacco products in the premises other than ancillary tobacco products.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person who displays an ancillary tobacco product in the premises must –

(a) confine the display to a single area of the premises; and

(b) ensure that the total area of all ancillary tobacco products displayed in the premises does not at any time exceed 4 square metres.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person who displays an ancillary tobacco product in the premises must not enhance the display by means of any of the following:

(a) wording, trademarks or colour schemes usually used in the packaging of the ancillary tobacco product;

(b) partial wording or imaging of any packaging of the ancillary tobacco product;

(c) mirrors or other reflective devices that reflect images of the ancillary tobacco product;

(d) holograms linked to the display;

(e) lines, borders or other visual design effects that make the display stand out;

(f) empty packages of any ancillary tobacco products.

Penalty:  Fine not exceeding 50 penalty units.

(5)  A person must not, in the premises, display more than one example of each product line of the ancillary tobacco products held in the premises.

Penalty:  Fine not exceeding 50 penalty units.

(6)  A person is not to be taken to have contravened subsection (2) or (5) merely by reason of any fleeting incidental display of tobacco products reasonably attaching to –

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

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

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

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

(f) where consignments of tobacco products are delivered to the premises, the immediate placement of the consignments in concealed storage facilities in the premises –

provided the total area of tobacco products so incidentally displayed does not at any time exceed, for the entire premises, one square metre.

(7)  Nothing in this section makes it an offence for –

(a) a person visiting the premises to inadvertently display a personal quantity of tobacco product (or relevant smoking accoutrement) that the person has in his or her possession for his or her own use; or

(b) a person working at the premises to inadvertently and fleetingly display a personal quantity of tobacco product (or relevant smoking accoutrement) that the person has in his or her possession for his or her own use.

(8)  In this section –

ancillary tobacco product means a tobacco product other than –

(a) tobacco in any form; or

(b) a product of which tobacco is an ingredient; or

(c) a package or cigarette shipper containing a thing referred to in paragraph (a) or (b) of this definition.