Tobacco retailing laws regulate the advertising and display of tobacco products and non-tobacco smoking products, and ban the supply of these products to people under 18. These laws aim to reduce the uptake of smoking, particularly by young people.
Tobacco retailing laws in NSW are in the
Public Health (Tobacco) Act 2008 and the
Public Health (Tobacco) Regulation 2022.
Key requirements in the legislation include:
- mandating a tobacco retail licence for all retailers selling tobacco products or non-tobacco smoking products
- banning the sale of tobacco products and non-tobacco smoking products to anyone under 18
- banning the display of tobacco products, non-tobacco smoking products, and smoking accessories in shops
- ensuring all tobacco sold is packaged with appropriate regulatory health warnings
- allowing only a single point of sale for tobacco products, non-tobacco smoking products, and smoking accessories in retail outlets
- restricting tobacco vending machines to licensed venues restricted to over 18s
- ensuring that tobacco 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
- banning tobacco products and non-tobacco smoking products in shopper-loyalty programs
- displaying a single health warnings and a notice regarding sales to minors at the point of sale.
Tobacco wholesaling requirements
Tobacco wholesaling laws in NSW are in the Public Health (Tobacco) Act 2008 and the Public Health (Tobacco) Regulation 2022.
Key requirements in the legislation include:
- Wholesalers of tobacco products or non-tobacco smoking products require a tobacco wholesale licence
- Licensed wholesalers will only be permitted to sell tobacco products and non-tobacco smoking products to retailers or wholesalers with a valid tobacco licence.
Tobacco Licensing Scheme
The NSW tobacco licensing scheme commenced on 1 July 2025.
Retailers and wholesalers require a tobacco licence to sell tobacco and non-tobacco smoking products in NSW.
Retailers and wholesalers can apply for a licence using their MyServiceNSW account via the Service NSW website. Licences are subject to criminal record checks, fees and other government sector considerations of the appropriateness before the licence is granted.
A copy of the licence must be conspicuously displayed at the point of sale in a retail store, and at the premises of a wholesaler.
From 1 July 2025, the retailer identification number (RIN) system will no longer be operating and retailers and wholesalers must apply for a tobacco licence to continue trading.
For more information see Tobacco licensing scheme.
Enforcement and penalties
NSW Health inspectors monitor compliance with the legislation and can issue warnings, fines or initiate prosecutions against retailers that break the law.
For more information see
Penalties and enforcement.
