The Public Health (Tobacco) Act 2008 restricts tobacco or e-cigarette vending machines to licensed venues restricted to over 18 years old.
Tobacco retailers must ensure that tobacco or e-cigarette vending machines comply with product display bans and are only activated by a staff member or by a token which is only available from a staff member.
The Public Health (Tobacco) Act 2008 defines a tobacco vending machine as defines a tobacco vending machine as 'a machine, device or contrivance from which tobacco products or non-tobacco smoking products can be obtained by an operation that involves inserting money, or a token or object, into the machine, device or contrivance, whether or not some other action is required to activate the machine'. The Public Health (Tobacco) Act 2008 has a similar definition for an e-cigarette vending machine with the exception that the machine dispenses e-cigarettes or e-cigarette accessories.
Yes. Vending machine owners, lessees and occupiers of premises on which there is a vending machine are tobacco retailers and have responsibilities under the Public Health (Tobacco) Act 2008, including a requirement to notify NSW Health of tobacco retailing activities.
Tobacco vending machine operators need to make a notification prior to commencing tobacco retailing and to update their details as they change. See Retailer Notification Scheme webpage for more information.
Vending machines can only be placed in a bar or gaming machine area of a hotel, club or casino restricted to over 18 years old. There are no exemptions for staff amenity areas.
Only one tobacco or e-cigarette vending machine per licensed premises is allowed. Tobacco vending machines do not constitute a 'point of sale' under the Public Health (Tobacco) Act 2008. Therefore, licensed premises may sell tobacco products from one vending machine and may also sell tobacco products from one cash register. This applies for e-cigarettes too.
The operation of tobacco or e-cigarette vending machines must be controlled by members of staff. This means that only members of staff of the hotel, club or casino can control the operation of the vending machine by either of the following methods:
Significant penalties apply for supplying tobacco or e-cigarette vending machine tokens to minors and activating tobacco or electronic cigarette vending machines for minors.
Vending machine owners and lessees must ensure that:
The only permissible information which may be displayed on a tobacco or e-cigarette vending machine is:
Tobacco vending machine operators are required to display a health warning sign and a sales to minors sign on the front of tobacco vending machines. E-cigarette vending machine operators are required to display the sales to minors sign on the front of e-cigarette vending machines. Ilustration on how to display a health warning and a sales to minors signs is in the Public Health (Tobacco) Regulation 2016. See How to display the compulsory warning signs webpage for more information.
Signs are provided free of charge to retailers when they register via Service NSW.
Signs can also be ordered by emailing popresources@doh.health.nsw.gov.au or by calling 1300 655 957.
Yes. Occupiers of licensed premises with tobacco or e-cigarette vending machines will, along with the owner or lessee of a tobacco or e-cigarette vending machine, be liable for breaking the law relating to tobacco or e-cigarette vending machines.
