Public Health Act 1997

A person must not sell a smoking product unless – the person is authorised by a smoking product licence to sell the smoking product; or the person is an employee of a person authorised by a smoking product licence to sell the smoking product and the sale is effected in the course of that employment. In the case of – a body corporate, a fine not exceeding 400 penalty units for a first offence and 1 600 penalty units for a subsequent offence; or a natural person, a fine not exceeding 200 penalty units for a first offence and 800 penalty units for a subsequent offence.

Subsection (1) does not apply to a person selling a personal vaporiser product if the person – holds a licence under section 16(1)(b) of the Poisons Act 1971; and sells the personal vaporiser product to another person who holds a smoking product licence that authorises the other person to sell personal vaporiser products.