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

Last updated: 06 August 2024

​The Public Health (Tobacco) Act 2008 restricts tobacco or e-cigarette vending machines to licensed venues restricted to over 18 years old. 

Tobacco retailers must ensure that tobacco or e-cigarette 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.

What is a tobacco or e-cigarette vending machine?

The Public Health (Tobacco) Act 2008  defines a tobacco vending machine as 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'.

The Public Health (Tobacco) Act 2008  has a similar definition for an e-cigarette vending machine with the exception that the machine dispenses e-cigarettes or e-cigarette accessories.

Are tobacco vending machines part of tobacco retailing?

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.

How does the tobacco retailer notification scheme affect tobacco vending machines?

Tobacco vending machine operators need to make a notification prior to commencing tobacco retailing and to update their details as they change. See Retailer Notification Scheme webpage for more information.

Where can tobacco or e-cigarette vending machines be placed?

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.

How many tobacco or e-cigarette vending machines are allowed?

Only one tobacco or e-cigarette 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. This applies for e-cigarettes too.

Do members of staff need to control the operation of tobacco and of           e-cigarette vending machines?

The operation of tobacco or e-cigarette 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:

  • activation by remote control or some other means, or
  • supply of tobacco vending machine tokens.

Significant penalties apply for supplying tobacco or e-cigarette vending machine tokens to minors and activating tobacco or electronic cigarette vending machines for minors.

How does the display ban affect tobacco or e-cigarette vending machines?

Vending machine owners and lessees must ensure that:

  • tobacco products and e-cigarettes in a vending machine cannot be seen by members of the public, and
  • there is no information about or representations of tobacco and e-cigarette products or packages displayed on the vending machine (except permissible information).

The only permissible information which may be displayed on a tobacco or e-cigarette vending machine is:

  • any information, statement or symbol required by law to be displayed on the vending machine e.g. mandatory health warning signs, and
  • the name, description and price of the tobacco products for sale in the vending machine in letters or figures of not more than one centimetre in width and one centimetre in height.

What signage is required to be displayed on a tobacco or e-cigarette vending machine?

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. E-cigarette vending machine operators are required to display the sales to minors sign on the front of e-cigarette vending machines. Ilustration 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.

Where are signs available from?

Signs are provided free of charge to retailers when they register via  Service NSW

Signs can also be ordered by emailing popresources@doh.health.nsw.gov.au or by calling 1300 655 957.

Are occupiers of licensed premises liable for offences relating to vending machines?

Yes. Occupiers of licensed premises with tobacco or e-cigarette vending machines will, along with the owner or lessee of a tobacco or e-cigarette vending machine, be liable for breaking the law relating to tobacco or e-cigarette vending machines.

Tobacco retailer training

To learn more about your responsibilities under the Public Health (Tobacco) Act 2008 and what you must do to comply with the law, visit our online training . It was designed to support NSW tobacco retailers and sales staff to comply with tobacco retailing laws when selling tobacco, non-tobacco smoking products, e-cigarettes and e-cigarette accessories. For more information see ​our online training for tobacco retailers: Selling tobacco responsibly
 

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.
Current as at: Tuesday 6 August 2024
Contact page owner: Centre for Population Health