Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023

Executive may publish information respecting certain persons

34. (1) The Executive shall keep and maintain a list (in this section referred to as the “tobacco products and nicotine inhaling products non-compliance list”) of persons on whom a fine or other penalty is imposed by a court under tobacco control legislation.

(2) Subject to subsection (4), the tobacco products and nicotine inhaling products non compliance list shall specify, in respect of each person listed therein—

(a) the name, trading name, legal identity and address of the premises or the name and electronic or web address of any website (or other location online) operated and maintained by the licensee through which the tobacco products or nicotine inhaling products are sold where the offence was committed,

(b) his or her licence number, where applicable,

(c) the relevant provision of tobacco control legislation which was contravened or under which the fine or penalty was imposed, and

(d) such particulars as the Executive considers appropriate in respect of the matters occasioning the fine or penalty and the amount or nature of that fine or penalty.

(3) The Executive may, in any form or manner as it considers appropriate, publish or cause to be published, including on a website maintained by or on behalf of the Executive, all or any part of the tobacco products and nicotine inhaling products non compliance list.

(4) An entry in the tobacco products and nicotine inhaling products non-compliance list in relation to the imposition of a fine or other penalty shall be deleted not more than 12 months after the date of the imposition of the fine or penalty.