​Penalties apply for individual retailers and corporations for non-compliance with certain sections of the Public Health (Tobacco) Act 2008. On-the-spot fines of up to $5500 may be issued by NSW Health Authorised Inspectors for a number of offences under the Public Health (Tobacco) Act 2008, including:

• failure to notify NSW Health about tobacco retailing activities
• failure to comply with the display restrictions of tobacco products, non-tobacco smoking products, smoking accessories, e-cigarettes and e-cigarette accessories
• selling tobacco products, non-tobacco smoking products, smoking accessories, e-cigarettes and e-cigarette accessories from more than one place on the premises
• failure to comply with a requirement or direction of a police officer or NSW Health Authorised Inspector.

Enforcing the legislation

NSW Health Inspectors across NSW closely monitor compliance with the Public Health (Tobacco) Act 2008 and the Public Health (Tobacco) Regulation 2022. Retail outlets are randomly visited and prosecutions have been made against those who have been found to sell tobacco products to people under the age of 18. Businesses and individuals that have been prosecuted have included employers and staff working in newsagents, tobacconists, milk bars, supermarkets and petrol stations.

NSW Health Authorised Inspectors conduct random inspections and will also follow up complaints from members of the public about suspected breaches by retailers. Inspectors have the power to:

• enter and inspect tobacco retailing premises
• take photos, films, audio, video or other recordings
• take samples of any items for analysis or to use as evidence
• require records to be produced for inspection
• examine, inspect and copy records or documents
• in some instances, seize tobacco products.

Retailers may ask an Inspector to produce his or her certificate of authority.

Continuing offences

For some provisions of the Public Health (Tobacco) Act 2008, a continuing state of affairs may be created, which provides for penalties to be enforced for each day the offence continues. For example, having more than one vending machine in contravention of section 12 of the Public Health (Tobacco) Act 2008 gives rise to a maximum penalty of up to $220,000 for each day the offence continues, in addition to the original penalty of up to $55,000 (in the case of a corporation).

Number of offences

A person or company which has been convicted of two offences against the same provision of the Public Health (Tobacco) Act 2008 or Public Health (Tobacco) Regulation 2016 within any three year period on the same business premises may be banned from selling tobacco products for three months. Three offences within any three year period may result in a 12 month ban.

Penalties for prohibited retailers

Engaging in tobacco retailing while prohibited carries a penalty of $55,000 for an individual for a first offence or $110,000 for a second or subsequent offence, and $110,000 for a corporation’s first offence or $220,000 for a second or subsequent offence. This offence will also result in the immediate forfeiture and destruction of any tobacco products on the premises for sale.

Further information

For further information about tobacco control please see Tobacco and Smoking Control in NSW or call the Tobacco Information Line on 1800 357 412. The Tobacco Information Line can be accessed by non-English speaking persons via the Translating and Interpreting Service (TIS) on 13 14 50.

Sections and regulations of the Public Health (Tobacco) Act 2008​

Section 6 

Offence description:

• Selling cigarettes individually or in packs of less than 20

Penalties:

• Maximum penalty for individual: $11,000
• Maximum penalty for corporation: $55,000

'On-the-spot' fine

• On-the-spot fine for individual: $1100
• On-the-spot fine for corporation: $5500

Section 7 

Offence description:

• Selling a tobacco product without a health warning.

Penalties:

• Maximum penalty for individual: $11,000
• Maximum penalty for corporation: $55,000

'On-the-spot' fine

• On-the-spot fine for individual: $1100
• On-the-spot fine for corporation: $5500

Section 9

Offence description:

• Failure to remove tobacco or e-cigarette products out of sight.

Penalties:

• Maximum penalty for individual: $11,000
• Maximum penalty for corporation: $55,000

'On-the-spot' fine

• On-the-spot fine for individual: $1100
• On-the-spot fine for corporation: $5500

Section 10

Offence description:

Selling tobacco or e-cigarette products from more than one point of sale​.

Penalties:

• Maximum penalty for individual: $11,000
• Maximum penalty for corporation: $55,000

'On-the-spot' fine

• On-the-spot fine for individual: $1100
• On-the-spot fine for corporation: $5500

Section 12, 13 and 14

• Placement of tobacco or e-cigarette vending machines in premises not within s.12 of the Act
• Placement of more than one tobacco or e-cigarette vending machine in premises not within s.12 of the Act
• Selling tobacco or e-cigarette through a vending machine without staff controls
• Non-compliance with display and signage requirements.

Penalties:

• Maximum penalty for individual: $11,000
• Maximum penalty for corporation: $55,000

'On-the-spot' fine

• On-the-spot fine for individual: $1100
• On-the-spot fine for corporation: $5500 for Non-compliance with display and signage requirements on vending machine (section 14).

Section 16, 17, 19 and 20

Offence description:

• Advertising and promotion of tobacco or e-cigarette products
• Engaging in tobacco or e-cigarette product promotions involving prizes or gifts
• Offering, giving or distributing a free tobacco or e cigarette product for the purpose of inducing or promoting a sale
• Engaging in prohibited sponsorships​

Penalties:

Maximum penalty for individual:

• $55,000 for the 1st offence
• $110,000 for the 2nd or subsequent offence

Maximum penalty for corporation:

• $660,000 for the 1st offence
• $1.1M for the 2nd or subsequent offence

No 'on-the-spot' fine for individual or corporation.​

Section 18

Offence description:

• Conducting a Shopper Loyalty Program including tobacco or e-cigarette products

Penalties:

• ​Maximum penalty for individual: $11,000
• Maximum penalty for corporation: $55,000

No 'on-the-spot' fine for individual or corporation.​

Section 21

Offence Description:

• Manufacturing or selling a tobacco or e-cigarette product designed for consumption otherwise than by smoking.
• Selling confectionery, food, toy, amusement or other product that resembles a tobacco product or is packaged to resemble a tobacco product.

Penalties:

• ​Maximum penalty for individual:
• $55,000 for the 1st offence
• $110,000 for the 2nd or subsequent offence 
• Maximum penalty for corporation:
• $110,000 for the 1st offence
• $220,000 for the 2nd or subsequent offence

No 'on-the-spot' fine for individual or corporation.​

Section 22

Offence description

• Selling tobacco or e-cigarette products to Minors

Penalties:

• ​Maximum penalty for individual:
• $11,000 for the 1st offence
• $55,000 for the 2nd or subsequent offence 
• Maximum penalty for corporation:
• $55,000 for the 1st offence
• $110,000 for the 2nd or subsequent offence

No 'on-the-spot' fine for individual or corporation.​

Section 23

Offence Description:

• Purchasing tobacco or e-cigarette products on behalf of those under 18 years of age.

Penalty:

• ​Maximum penalty for individual: $2,200.

No 'on-the-spot' fine.

Section 24

Offence description:

• Supplying tobacco or e-cigarette vending machines tokens to minors and activating machines for minors.

Penalties:

• ​Maximum penalty for individual:
• $11,000 for the 1st offence
• $55,000 for the 2nd or subsequent offence 
• Maximum penalty for corporation:
• $55,000 for the 1st offence
• $110,000 for the 2nd or subsequent offence.

No 'on-the-spot' fine for individual or corporation.​

Section 25

Offence description:

• Obtaining tobacco or e-cigarette product vending machine tokens on behalf of minors. ​

Penalty:

• Maximum penalty for individual: $2,200

No on-the-spot fine.

Section 29

Offence description:

• Selling a prohibited tobacco or e-cigarette product.

Penalties:

• ​Maximum penalty for individual:
• $55,000 for the 1st offence
• $110,000 for the 2nd or subsequent offence. 

Section 35 and 36

Offence description:

• Engaging in tobacco retailing while prohibited
• Displaying tobacco and other smoking products while prohibited.

Penalties:

• ​Maximum penalty for individual:
• $55,000 for the 1st offence
• $110,000 for the 2nd or subsequent offence 
• Maximum penalty for corporation:
• $110,000 for the 1st offence
• $220,000 for the 2nd or subsequent offence.

Section 39

Offence description:

• Engaging in tobacco and/or e-cigarette retailing without prior notification of tobacco and/or e-cigarette retailing to NSW Health.

Penalties:

• ​Maximum penalty for individual - $11,000
• On-the- spot fine for individual - $1100
• On-the- spot fine for Corporation - $5500

Section 40

Offence description:

• Taking or attempting to retake any tobacco product seized in accordance with the Act or resisting or attempting to prevent such a seizure.

Penalties:

• ​Maximum penalty for individual:
• $55,000 for the 1st offence
• $110,000 for the 2nd or subsequent offence 
• Maximum penalty for corporation:
• $110,000 for the 1st offence
• $220,000 for the 2nd or subsequent offence.

No on-the-spot fines.

Section 46

Offence description:

• Failure to comply with directions of inspectors

Penalties:

• ​Maximum penalty for individual - $11,000 $250 on the spot.
• On-the-spot fine for individual: $1100
• On-the-spot fine for Corporation: $5500

Regulation 13

Offence description:

• Causing or permitting a tobacco product or e-cigarette to be packed in a package that:
• contains any statement alluding to sporting, sexual or business success, or
• depicts, wholly or in part, people or
•  depicts, wholly or in part, cartoon characters, or
• depicts scenes or activities, or contains words, representations or illustrations, that have appeal to children or young persons, or displays any hologram.

Penalty:

• ​Maximum penalty for individual: $2,200

Regulation 14

Offence description:

• Advertising on or within package containing tobacco products.

Penalty:

• ​Maximum penalty for individual: $2,200

Regulation 15

Offence description:

• Failure to conspicuously display health warning sign at point of sale

Penalties:

• ​Maximum penalty for individual: $2,750
• On-the-spot fine for individual: $250
• On-the-spot fine for corporation: $1,250​.

Regulation 16

Offence description:

• Failure to conspicuously display sales to minors warning sign at point of sale

Penalties:

• ​Maximum penalty for individual: $2,750
• On-the-spot fine for individual: $250
• On-the-spot fine for Corporation: $1250​​​​​.