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Number 35 of 2023
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PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) ACT 2023
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CONTENTS
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PART 1
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Preliminary and General
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Section
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1. Short title, collective citation and commencement
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2. Interpretation
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3. Application of Act
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4. Residence of body corporate or unincorporated body of persons
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5. Regulations
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6. Expenses
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7. Service of documents
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8. Remote sale of tobacco products or nicotine inhaling products
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9. Repeals and revocations
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10. Review of operation of Act
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PART 2
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Licence for Sale of Tobacco Products or Nicotine Inhaling Products
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11. Application for licence
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12. Determination of application for licence
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13. Issue of licence
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14. Duration of licence
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15. Renewal of licence
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16. Appeal against refusal of licence
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17. Copy of licence where lost, stolen, damaged or destroyed
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18. Minister may prescribe fee
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19. Revocation of licence
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20. Representations
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21. Appeal against revocation of licence
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22. Duty to display licence
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23. Register of licences
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24. Duty to notify change in information
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PART 3
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Certain Offences
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25. Offence of selling by retail tobacco products or nicotine inhaling products without licence
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26. Offence relating to sale by retail of nicotine inhaling products by means of self service
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27. Prohibition on sale of tobacco products or nicotine inhaling products by child
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28. Prohibition on sale of tobacco products or nicotine inhaling products to child
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29. Prohibition on sale of tobacco products or nicotine inhaling products at events aimed at children
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30. Prohibition on advertising of nicotine inhaling products in certain places
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31. Prohibition on advertising of nicotine inhaling products in cinemas
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32. Prohibition on display of suspended, expired or revoked licence
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PART 4
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Enforcement and Compliance
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33. Test purchasing
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34. Executive may publish information respecting certain persons
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PART 5
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Penalties and Proceedings
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35. Penalties
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36. Defences generally
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37. Liability for offences by body corporate
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38. Evidence in proceedings for an offence
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39. Order of court consequent upon conviction of offence
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40. Prosecution of summary offences
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41. Time limit where offence may be prosecuted in summary proceedings only
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PART 6
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Amendment of Public Health (Tobacco) Act 2002
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42. Amendment of section 2 of Act of 2002
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43. Amendment of section 5 of Act of 2002
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44. Amendment of section 7 of Act of 2002
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45. Amendment of section 43 of Act of 2002
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46. Amendment of section 48 of Act of 2002
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47. Amendment of section 50 of Act of 2002
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48. Amendment of section 53 of Act of 2002
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49. Amendment of Act of 2002
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PART 7
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Miscellaneous
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50. Amendment of Criminal Justice (Psychoactive Substances) Act 2010
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51. Amendment of Regulations of 2016
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Acts Referred to
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Companies Act 2014
(No. 38)
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Criminal Justice (Psychoactive Substances) Act 2010
(No. 22)
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Education Act 1998
(No. 51)
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Intoxicating Liquor Act 1988
(No. 16)
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Irish Medicines Board Act 1995
(No. 29)
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Petty Sessions (Ireland) Act 1851
(14 & 15 Vict., c.93)
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Public Health (Standardised Packaging of Tobacco) Act 2015
(No. 4)
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Public Health (Tobacco) Act 2002
(No. 6)
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Public Health (Tobacco) Acts 2002 to 2015
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Railway Safety Act 2005
(No. 31)
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Road Traffic Act 1961
(No. 24)
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Taxes Consolidation Act 1997
(No. 39)
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Trade Marks Act 1996
(No. 6)
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Transport (Railway Infrastructure) Act 2001
(No. 55)
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Number 35 of 2023
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PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) ACT 2023
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An Act to provide for the licensing of the sale by retail of tobacco products and nicotine inhaling products; to provide for the establishment and maintenance of a register of licences issued under and in accordance with the Act; to provide for certain related offences; and for those and other purposes, to provide for the amendment of the
Public Health (Tobacco) Act 2002
; and to provide for the consequential amendment of certain other enactments and the revocation of certain statutory instruments; and to provide for related matters.
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[13th December, 2023]
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Be it enacted by the Oireachtas as follows:
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