What do tobacco retailers have to do to comply with the Tobacco Retailer Notification Scheme?

Businesses who sell or intend to sell tobacco or non-tobacco smoking products must notify NSW Health through Service NSW before commencing such activities. You will be issued with a tobacco retailer notification number. You must provide this number to tobacco wholesalers in order to obtain tobacco products. Wholesalers cannot sell tobacco products to you if you do not
provide this number.

If your business is retailing tobacco products and you have not made your notification, you need to do so immediately by accessing Service NSW website.

Who is affected by the requirement?

All persons who sell tobacco or non-tobacco smoking products are required to make a notification. This means that tobacconists, major retailers, convenience stores, 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.

What information do tobacco retailers have to provide?

Retailers should 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 ddress 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)
• Names and addresses of the owners and directors of the tobacco retailing business.

What happens after tobacco retailers make the notification?

Following successful notification of the business:

• A unique Tobacco Retailer Notification number will be issued to the business.
• A confirmation is sent to the email address of the nominated primary contact.
• Signage required under the legislation is posted to the nominated contact person’s address.

Are tobacco retailers required to update the notification when their business details change?

Tobacco retailers must notify NSW Health within 28 days after becoming aware of changes to:

• the business address
• the trading premises address
• the name or address of any owner of director of the business
• a change in the ownership of the business.

You can make any updates to your notification, except for a change to ownership of the tobacco retailing business, online via Service NSW. A change in ownership of the tobacco retailing business requires making a new notification through Service NSW.

If you stop selling tobacco, it is your responsibility to cancel your Tobacco Retailer Notification by logging on to your online account via Service NSW.

How does NSW Health monitor compliance with the requirements?

If your business is selling tobacco products and you have not made your notification, you need to do so immediately. Failure to notify NSW Health about tobacco retailing activities is an offence. NSW Health Authorised Inspectors can issue on-the-spot fines of $360 to a retailer for failing to notify NSW Health about tobacco retailing activities.

NSW Health Authorised Inspectors undertake routine tobacco compliance activities in retail outlets, such as checking signage and product display. Authorised Inspectors will check that tobacco retailers have made a notification and comply with the legislation.

Authorised Inspectors will provide information to tobacco retailers to assist them to make a notification and may check that retailers have completed the notification.

Further information