Public Health Act 1997

This section applies to premises in or from which smoking products are sold, other than specialist tobacconist premises.

A person must not display any smoking products in the premises. Fine not exceeding 50 penalty units.

A person is not to be taken to have contravened subsection (2) merely by reason of any fleeting incidental display of smoking products reasonably attaching to – the stocking or replenishment of plain sales units in the premises; or the removal of smoking products from plain sales units in the premises to make immediate sales of the smoking products; or the stocktaking of smoking products held in the premises; or the removal of smoking products from plain sales units in the premises to concealed storage facilities in the premises, or to places off site, for the purposes of – cleaning, servicing, repairing, remounting, relocating or replacing the plain sales units; or repairing or refurbishing the premises; or the removal of smoking products from concealed storage facilities in the premises to places off site; or where consignments of smoking products are delivered to the premises, the immediate placement of those consignments in concealed storage facilities in the premises – provided the total area of smoking products so incidentally displayed does not at any time exceed, for the entire premises, one square metre.

Nothing in this section makes it an offence for – a person visiting the premises to inadvertently display a personal quantity of smoking product (or relevant smoking accoutrement) that the person has in his or her possession for his or her own use; or a person working at the premises to inadvertently and fleetingly display a personal quantity of smoking product (or relevant smoking accoutrement) that the person has in his or her possession for his or her own use.

In this section – smoking product includes a smoking product package that has been emptied of its contents.