Part 2Restrictions on advertising, promotion, sale, and distribution of regulated products
Restrictions on advertising of regulated products and related communications
27Prohibited oral communications
A retailer must not make any oral communication to any customer within their retail premises that has the effect of—
- encouraging the use of a regulated product:
- notifying the availability of a regulated product:
- promoting the sale of a regulated product:
- promoting smoking or vaping behaviour.
A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable,—
- in the case of a large retailer,—
- to a fine not exceeding $200,000; but
- if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
- to a fine not exceeding $200,000; but
- in any other case,—
- to a fine not exceeding $50,000; but
- if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.
- to a fine not exceeding $50,000; but
Subsection (1) does not apply to—
- communications made in response to a product request that do no more than identify the regulated products available for purchase in that place and indicate their price:
- communications encouraging smokers to switch to a product that is less harmful than smoking:
- communications about vaping products made, in accordance with any regulations, by specialist vape retailers to customers in their approved vaping premises:
- information provided, in accordance with any regulations, by a specialist vape retailer relating to the safe use of regulated products available for purchase in their approved vaping premises:
- communications made by a retailer who is a suitably qualified health worker for the purpose of supporting customers to switch from smoking to vaping.
Notes
- Section 27: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).