The Public Health (Tobacco) Act 2008 restricts the sale of tobacco products, non-tobacco smoking products, smoking accessories, e-cigarettes and e-cigarette accessories to a single point of sale.
Retailers are restricted to selling all tobacco and e-cigarette products from a single point of sale in each retail outlet. This means that these products can only be sold from one cash register at a time in each retail outlet. However, it does not mean that the same cash register must be used all the time.
A service desk with more than one cash register is more than one point of sale. A single point of sale means a single cash register.
Note:
If the point of sale cash register is broken or requires maintenance, another register can be used. Signage required under the legislation should be placed near the new point of sale register for tobacco and e-cigarette products.
Tobacco and e-cigarette vending machines are not a point of sale. Licensed premises may sell tobacco and e-cigarette products from only one cash register but may also sell tobacco and e-cigarette products from one vending machine. Tobacco or e-cigarette vending machines can only be placed in a bar or gaming machine area of a hotel, club or casino restricted to over 18s. More information about this matter, visit Tobacco or e-cigarette vending machines webpage.
There are a variety of ways in which premises retailing tobacco and e-cigarette products may be configured. All retailers of tobacco, smoking or e-cigarette products need to refer to relevant provisions of the Public Health (Tobacco) Act 2008, including section 10, to determine how best to apply the requirement for a single point of sale in their specific premises and operating environment to ensure compliance with the legislation.
However, as general information only, premises which may have a shared roof or wall or are located within the same building but which otherwise operate independently would be likely to be considered separate premises for the point of sale requirement.
Operating independently would include the following characteristics:
These situations may include both a hotel and a bottle shop on the same premises, or a supermarket and a bottle shop on the same premises.
Retailers can put up a sign to inform customers of the cash register that is being used for tobacco sales as long as:
The sign must conform to the following requirements:
Retailers can make their own signs as long as they meet the requirements set out in the Public Health (Tobacco) Regulation 2022.
No. Retailers can only put up one of these signs. Multiple signs are not permitted.
For more information about signage requirements see the Retailer Fact sheet - How to display compulsory warning signs.
Breaches of the requirement for a single point of sale are an offence. NSW Health Authorised Inspectors undertake routine compliance activities in retail outlets, such as checking signage and product display for tobacco and e-cigarette products. Authorised Inspectors will check that tobacco retailers have a single point of sale by inspecting the point of sale arrangements.
If retailers display the sign, ‘Tobacco sold at this cash register only’, then Authorised Inspectors will check that the sign is compliant with the size, wording and format requirements outlined in the Regulation.
Authorised Inspectors will also follow up complaints from members of the public about suspected breaches of the single point of sale requirement.
Signs are provided free of charge to retailers when they register for a free Tobacco Retailer Notification via Service NSW. Signs can also be ordered by emailing MOH-PopulationHealthResources@health.nsw.gov.au or calling 1300 655 957.
For further information about tobacco control please see Tobacco and Smoking Control in NSW or call the Tobacco Information Line on 1800 357 412. The Tobacco Information Line can be accessed by non-English speaking persons via the Translating and Interpreting Service (TIS) on 13 14 50.
