Q. Do I need to make a tobacco retailer notification?
A. If your business sells tobacco products in NSW, you are a tobacco retailer.
- You sell tobacco products in your store
- Your business is a NSW liquor licensed premises with a vending machine (whether you are the owner of the vending machine or not)
- Your business supplies tobacco vending machines to NSW liquor licensed premises
- You are a tobacconist.
You are a tobacco retailer if:
Q. Why do I need to notify the Department of Health that I am a tobacco retailer?
A. The Public Health (Tobacco) Act 2008 (“the Act”) requires tobacco retailers to notify the Director General of the Department of Health before commencing tobacco retailing.
The purpose of this new requirement is to inform the Department of Health about the number and location of tobacco retailers in NSW in order to support the enforcement of the new tobacco retailing requirements introduced by the Act.
By fully completing the notification process, and keeping your details up to date, you will meet the requirements of section 39 of the Act.
Q. What happens if I don’t notify the Department of Health that I am a tobacco retailer?
A. To ensure businesses’ compliance with the requirements of the Public Health (Tobacco) Act 2008, Tobacco Compliance Officers will be inspecting the premises of tobacco retailers.
Businesses found to be engaging in tobacco retailing after 1 October 2009 without notifying the Department of Health will be liable to a penalty.
Q. How do I notify the Department of Health that I am a tobacco retailer?
A. Notifications must be made through the online system at www.licence.nsw.gov.au. Once you have successfully completed this process you will receive a confirmation (on screen and by email) that you have notified the Department of your tobacco retailing activities.
The confirmation will include a Tobacco Retail Notification (TRN) number for your business and information about how to amend your details if they change in the future.
Q. When do I need to notify the Department of Health that I am a tobacco retailer?
A. Existing tobacco retailers must notify the Department of Health through the online system by 1 October 2009. Notifications can be made from 1 July 2009.
Failure to notify the Department by 1 October could incur a fine.
If a new tobacco retailing business commences after 1 July 2009, the notification needs to be made before tobacco retailing activity starts.
A. Yes. The Public Health (Tobacco) Act 2008 sets out that a person may not sell tobacco unless they have first notified the Director General of the Department of Health. The requirement to notify the Department of Health therefore applies both to existing tobacco retailing businesses, and to those which are established in future.
Tobacco retailing businesses newly established after 1 October 2009 must also notify the Department of Health through the online system before they commence tobacco retailing. New businesses which fail to notify the Department prior to tobacco retailing are liable to incur a penalty fine.
Q. Do I have to make a separate notification for each tobacco retailing premises within my business?
A. All the tobacco retailing premises within a business should be included under a single notification. The online system allows users to add the details of multiple premises under a single notification. As a general guide, if more than one premises operates under an ABN, complete one notification and add each premises under that ABN.
Q. Is there a fee to make a notification?
A. No. Notifications are free of charge to tobacco retailers.
Q. Is there a limit to the number of businesses that can provide a notification?
A. No. There is no limit or ‘cap’ on the number of businesses that can provide a notification. All current and future tobacco retailers must notify the Department of Health and will receive a confirmation once they have successfully done so.
Q. Do I need to renew my notification?
A. No. You only need to notify the Department of Health once.
However, where any of the details relating to your business change, you will need to update the notification (see Question on change of details).
Q. What do I need to do if my business details change?
A. Where any of the details relating to your business change, you will need to update the notification.
In particular, the Public Health (Tobacco) Act 2008 requires tobacco retailers to notify the Department, through this online system, within 7 days of a change to the:
- business address;
- address where tobacco retailing takes place;
- name and address of any owner or director of the tobacco retailing business; or
- ownership of the tobacco retailing business.
Prior to 1 September 2009, changes to any of the above details, other than a change in ownership of the tobacco retailing business, should be notified to the Department by contacting the Tobacco Information Line on 1800 357 412, quoting your Tobacco Retail Notification (TRN) number.
From 1 September 2009, changes to any of the above, other than a change in ownership of a tobacco retailing business, should be notified to the Department by amending the relevant business details on this online system. You will need your TRN in order to access and amend your details.
At any time, a change in ownership of a tobacco retailing business will require a new notification to be made through this online system (see Question on change of ownership).
Q. What happens if there’s a change in ownership in my business?
A. The Public Health (Tobacco) Act 2008 requires tobacco retailers to notify the Department, through this online system, within 7 days of a change to the ownership of the tobacco retailing business.
Where the tobacco retailing business changes ownership, a new notification will need to be made for that business, including all the premises which have transferred to the new business. The new business will receive a new Tobacco Retail Notification (TRN) number which will revoke and replace the previous TRN for that business, and all the premises which have transferred to the new business.
Q. Are vending machines part of tobacco retailing?
A. Yes. Section 31 of the Public Health (Tobacco) Act 2008 prescribes that vending machine owners, lessees and occupiers of premises on which there is a vending machine are tobacco retailers for the purposes of the Act.
Vending machine owners, lessees and occupiers of premises on which there is a vending machine are therefore required to notify the Department of Health, through the online system, that they are tobacco retailers.
A. Yes. The online system allows users who have selected the ‘licensed premises’ business type to also select options which demonstrate that they are an over the counter tobacco retailer, and/or that there is a vending machine situated on their premises.
The Tobacco Retail Notification (TRN) number issued will cover the licensed premises’ requirements as an over the counter retailer, and as a premises on which there is a vending machine (in whatever capacity that vending machine is situated on the licensed premises).
Q. What are the new tobacco retail display requirements?
A. Tobacco retailers must ensure that tobacco products and non-tobacco smoking products cannot be seen by the public from inside or outside the premises.
In relation to vending machines, tobacco products contained in the vending machine must not be displayed and no information or representation of tobacco products, or their packaging, is to be displayed on the vending machine.
In addition to any information, statement or symbol required by law, the only permissible information that may be displayed on a vending machine is the name and description of the tobacco products for sale in the vending machine, and their price, displayed in black writing on a white background and in letters or figures of not more than 1 square centimetre.
For further information on signage requirements, please see www.health.nsw.gov.au
Q. What are the arrangements for Specialist Tobacconists?
A. Those businesses which are determined to be a Specialist Tobacconist for the purposes of the additional implementation time arrangements under section 9 of the Public Health (Tobacco) Act 2008, may display tobacco products and non-tobacco smoking products between 1 July 2010 and 1 July 2013 in accordance with the following requirements:
- not more than one package for each product line of tobacco products and non-tobacco smoking products may be displayed;
- no cartons may be displayed;
- the total area of the package facings of tobacco products and non-tobacco smoking products displayed must be no more than 3 square metres; and
- the display of tobacco products and non-tobacco smoking products must be at least 2 metres from any door or window that opens or looks out on to a public place.
Specialist Tobacconists will be subject to the total display ban from 1 July 2013.
Businesses need to make an application to the Department of Health through the Government Licensing Service at www.licence.nsw.gov.au, and meet certain criteria, to be classed as a Specialist Tobacconist.
Q. What are the criteria to be a Specialist Tobacconist?
A. A Specialist Tobacconist is a business which the Director General of the Department of Health determines had a gross turnover at least 80% of which was obtained from the sale of tobacco products, non-tobacco smoking products or smoking accessories during the twelve month period before 25 September 2008 (the date of the introduction of the Public Health (Tobacco) Bill 2008).
If a business was engaged in tobacco retailing for only part of the year between 26 September 2007 and 25 September 2008, the 80% rule applies on a pro-rata basis.
A. The Specialist Tobacconist determination is made on the turnover of the whole business, not just a particular premises, or group of premises. So, to meet the Specialist Tobacconist criteria, 80% of the gross turnover across all the premises of a business must be derived from the sale of tobacco products, non-tobacco smoking products or smoking accessories during the twelve month period before 25 September 2008.
Q. How do I make an application to be considered a Specialist Tobacconist?
A. Applications to be considered a Specialist Tobacconist can be made through the online Government Licensing Service.
You will need the Tobacco Retail Notification (TRN) number - which is issued on successful notification as a tobacco retailer - to make a Specialist Tobacconist application.
To complete the application, businesses will need to submit online financial statements which demonstrate that 80% or more of that business’s gross turnover was derived from the sale of tobacco products, non-tobacco smoking products and tobacco accessories for the year prior to 25 September 2008. Businesses will also need to attach a document certifying that their financial statements meet this criteria.
Q. How long do I have to make a Specialist Tobacconist application?
A. Applications to be considered a Specialist Tobacconist may be made between 1 July 2009 and 1 July 2010. However, to gain the benefit of the additional display time from 1 July 2010 to 1 July 2013, the application to be classed as a Specialist Tobacconist must be made by the retailer, and determined by the Department of Health, before 1 July 2010.
Q. Is there any fee to submit an application to be considered a Specialist Tobacconist?
A. Yes. The Public Health (Tobacco) Regulation 2009 provides that a Specialist Tobacconist application must be accompanied by a fee of $250.
This fee relates to the costs of processing the application and is non-refundable in the event of an unsuccessful application.
Q. How will I know if my Specialist Tobacconist application has been successful?
A. Businesses will receive correspondence informing them of the Director General Department of Health’s determination as to whether their business meets the Specialist Tobacconist criteria.
Q. What other new requirements are there on Tobacco retailers?
A. In addition to the new notification requirement and display ban, the Public Health (Tobacco) Act 2008 also:
- Restricts the sale of tobacco products and non-tobacco smoking products to a single point of sale on premises;
- Introduces tougher penalties for sales to minors including prohibition from tobacco retailing for specified periods; and
- Removes tobacco products from all shopper-loyalty programs.
For more information on the new requirements for tobacco retailers see www.health.nsw.gov.au.
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