New national laws to strengthen controls on the importation, manufacture, and supply of all e-cigarette products are now in place.
All e-cigarettes & e-liquids (with and without nicotine) and e-cigarette accessories can now only be supplied by a pharmacist, medical practitioner, or nurse practitioner.
For more information visit the TGA Vaping Hub
Section 39 of the Public Health (Tobacco) Act 2008 requires tobacco retailers to notify the NSW Ministry of Health of tobacco retailing activities through the Government Licensing Service.
Tobacco retailers need to notify the Ministry of Health before commencing tobacco retailing.
During the period 1 July 2009 to 1 October 2009 all existing tobacco retailers were required to notify the Director-General of the Ministry of Health of tobacco retailing activities through free, online registration with the Department of Commerce’s NSW
Businesses establishing tobacco retailing activities after 1 July 2009 must notify the Ministry of Health through the Government Licensing Service before commencing such activities. If your business is retailing tobacco products and you have not made your notification, you need to do so immediately. Retailers can access the Government Licensing Service at the following website www.licence.nsw.gov.au.
All persons engaged in tobacco retailing are required to make a notification. This means that owners or lessees of tobacco vending machines and occupiers of premises with tobacco vending machines (pubs, clubs and the casino) must also make a notification.
Retailers should aim to have the following business details handy when making their
notification:
Business address of the person intending to engage in tobacco retailing;
Address of the premises at which the person intends to engage in tobacco retailing;
Registered Australian Business Number (ABN) of the relevant business and, if the business is incorporated, the Australian Company Number (ACN); and
Names and addresses of the owners and directors of the tobacco retailing business.
Following successful notification of the business:
A confirmation is sent to the email address of the nominated primary contact; and
Signage required under the new legislation is posted to the nominated contact person’s address.
If certain business details change:
the business address;
the name or address of any owner of director of the business; or
a change in the ownership of the business,
Tobacco retailers must notify the Director-General of the Ministry of Health through the Government Licensing Service within 7 days after becoming aware of the change.
Changes to the notification, other than a change in ownership of the tobacco retailing business, need to be notified to the Ministry by contacting the Tobacco Information Line on 1800 357 412 and quoting the TRN number. Changes will be able to be made using the online Government Licensing Service www.licence.nsw.gov.au in the near future. At any time, a change in ownership of the tobacco retailing business will require a new notification to be made through the Government Licensing Service.
Existing tobacco retailers have had since 1 July 2009 to make a notification through the Government Licensing Service. If your business is retailing tobacco products and you have not made your notification, you need to do so immediately. Failure to notify the Ministry of Health about tobacco retailing activities is now an offence. The Regulation provides for Environmental Health Officers to issue on-the-spot fines of $250 for failing to notify the Ministry of Health about tobacco retailing activities.
When undertaking routine tobacco compliance activities in retail outlets, such as checking signage and product display, Environmental Health Officers will check that tobacco retailers have made a notification, and comply with the legislation.
Environmental Health Officers will provide information to tobacco retailers to assist retailers to make a notification, and may make inquiries to check that retailers have completed the notification.
