Western Australian Current Regulations

TOBACCO PRODUCTS CONTROL REGULATIONS 2006 - REG 20

20 .         Conditions of general application

        (1)         For the purposes of section 41(2), a condition that is to be taken to be attached to a retailer’s licence in relation to premises where tobacco products are sold (other than by way of a vending machine) is that before the holder of the licence allows an employee or agent to sell a tobacco product or smoking implement at the premises, the employee or agent —

            (a)         is instructed not to sell a tobacco product or a smoking implement to a person who has not reached 18 years of age; and

            (b)         is instructed not to sell a tobacco product or a smoking implement to a person unless the employee or agent —

                  (i)         sees a document mentioned in section 15(1) that satisfies the employee or agent that the person who is to take possession of the tobacco product or smoking implement has reached 18 years of age; or

                  (ii)         has no reason to believe that the person who is to take possession of the tobacco product or smoking implement has not reached 18 years of age;

                and

            (c)         is informed of the provisions of the Act Part 2 Division 1; and

            (d)         is warned that the employee or agent might be charged with an offence if he or she breaches section 6, 8, 10 or  11, as is relevant to the functions of the employee or agent.

        (2)         For the purposes of section 41(2), a condition that is to be taken to be attached to a retailer’s licence in relation to premises where tobacco products are sold by way of a vending machine is that each representative of the responsible person —

            (a)         is instructed to take reasonable steps to ensure that a person who has not reached 18 years of age does not obtain a tobacco product from the vending machine; and

            (b)         is instructed not to allow a person to obtain a tobacco product from a vending machine unless the representative —

                  (i)         sees a document mentioned in section 15(1) that satisfies the representative that the person who is to obtain the tobacco product has reached 18 years of age; or

                  (ii)         has no reason to believe that the person who is to obtain the tobacco product has not reached 18 years of age.

        [Regulation 20 inserted: Gazette 28 Feb 2007 p. 647-9; amended: Gazette 10 Sep 2010 p. 4382.]