This factsheet provides information on tobacco vending machines and requirements of tobacco vending machine operators.
The Public Health (Tobacco) Act 2008 restricts tobacco vending machines to licensed venues restricted to over 18 years old.
Tobacco retailers must ensure that tobacco vending machines comply with product display bans and are only activated by a staff member or by a token which is only available from a staff member.
The Public Health (Tobacco) Act 2008 defines a tobacco vending machine as 'a machine, device or contrivance from which tobacco products or non-tobacco smoking products can be obtained by an operation that involves inserting money, or a token or object, into the machine, device or contrivance, whether or not some other action is required to activate the machine'.
Yes. Vending machine owners, lessees and occupiers of premises on which there is a vending machine are tobacco retailers and have responsibilities under the Public Health (Tobacco) Act 2008, including a requirement to notify NSW Health of tobacco retailing activities.
Tobacco vending machine operators need to make a notification prior to commencing tobacco retailing and to update their details as they change. See Factsheet - Retailer Notification Scheme for more information.
Vending machines can only be placed in a bar or gaming machine area of a hotel, club or casino restricted to over 18 years old. There are no exemptions for staff amenity areas.
Only one tobacco vending machine per licensed premises is allowed. Tobacco vending machines do not constitute a 'point of sale' under the Public Health (Tobacco) Act 2008. Therefore, licensed premises may sell tobacco products from one vending machine and may also sell tobacco products from one cash register.
The operation of tobacco vending machines must be controlled by members of staff. This means that only members of staff of the hotel, club or casino can control the operation of the vending machine by either of the following methods:
Significant penalties apply for supplying tobacco vending machine tokens to minors and activating tobacco vending machines for minors.
Vending machine owners and lessees must ensure that:
The only permissible information which may be displayed on a tobacco vending machine is:
Tobacco vending machine operators are required to display a health warning sign and a sales to minors sign on the front of tobacco vending machines. Illustration on how to display a health warning and a sales to minors signs is in the Public Health (Tobacco) Regulation 2016. See How to display the compulsory warning signs webpage for more information.
Signs are provided free of charge to retailers when they register via Service NSW.
Signs can also be ordered by emailing MOH-PopulationHealthResources@health.nsw.gov.au or by calling 1300 655 957.
Yes. Occupiers of licensed premises with tobacco vending machines will, along with the owner or lessee of a tobacco vending machine, be liable for breaking the law relating to tobacco vending machines.
