Public Health Act 1997

A person must not sell, lend, give or supply or offer to sell, lend, give or supply any smoking product to, or for the use of, any child. Fine not exceeding – for a first offence, 200 penalty units; and for a second offence, 400 penalty units; and for a third and subsequent offence, 800 penalty units.

A person who is the holder of a smoking product licence must not permit the sale, loan, gift or supply of any smoking product to, or for the use of, any child. Fine not exceeding – for a first offence, 200 penalty units; and for a second offence, 400 penalty units; and for a third and subsequent offence, 800 penalty units.

An employer who is not the holder of a smoking product licence must not permit any employee on or within 100 metres of any premises owned or occupied by the employer to sell, lend, give or supply any smoking product to, or for the use of, any child. Fine not exceeding – for a first offence, 200 penalty units; and for a second offence, 400 penalty units; and for a third and subsequent offence, 800 penalty units.

In any proceedings for an offence under subsection (1) it is a defence for a person to prove that proof of age was provided.

A person in charge of any premises which sells or supplies any smoking product must provide to persons employed at the premises information according to the relevant guidelines about the sale and supply of smoking products to children. Fine not exceeding 5 penalty units.

Subsections (1), (2) and (3) do not apply to a person who has taken reasonable steps to prevent the supply of smoking products to any child.

An allegation in a complaint in proceedings for an offence under this section that on a specified date a person was a child is evidence of that fact.