(a)     a person ( the retailer ) carries on a tobacco retailing business or e-cigarette retailing business at premises that are a retail outlet; and

        (b)     that person, or an associate of that person, is found guilty of a relevant offence in respect of, or relating to, the carrying on of that business at those premises; and

        (c)     the offence is a first relevant offence committed in respect of those premises by any of the retailer and the associates of the retailer—

the court, in addition to imposing any other penalty, may order that the retailer not carry on a tobacco retailing business or e-cigarette retailing business at those premises or, if the court so determines, at any new premises within 5 kilometres of those premises, for such period, not exceeding 3 months, and commencing on such date, as the court determines.

S. 15D(2) amended by No. 49/2009 s. 33(1).

    (2)     If—

        (a)     a person ( the retailer ) carries on a tobacco retailing business or e-cigarette retailing business at premises that are a retail outlet; and

        (b)     one relevant offence in respect of, or relating to, the carrying on of that business at those premises has been committed by any of the retailer and the associates of the retailer and there has been a finding of guilt; and

        (c)     the retailer, or an associate of the retailer, is found guilty of another relevant offence in respect of, or relating to, the carrying on of that business at those premises—

the retailer, or any associate of the retailer, must not carry on a tobacco retailing business or e-cigarette retailing business at those premises or, if the court so determines, at any new premises within 5 kilometres of those premises, during the period of 3 months or, if the court which makes the finding of guilt specifies a longer period not exceeding 12 months, during that specified period, and commencing on such date, as the court determines.

Penalty:     In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

S. 15D(3) amended by No. 49/2009 s. 33(2).

    (3)     If—

        (a)     a person ( the retailer ) carries on a tobacco retailing business or e-cigarette retailing business at premises that are a retail outlet; and

        (b)     two or more relevant offences in respect of, or relating to, the carrying on of that business at those premises have been committed by any one or more of the retailer and the associates of the retailer, and there has been a finding of guilt for each such offence; and

        (c)     the retailer, or an associate of the retailer, is found guilty of another relevant offence in respect of, or relating to, the carrying on of that business at those premises—

the retailer, or any associate of the retailer, must not carry on a tobacco retailing business or e-cigarette retailing business at those premises or, if the court so determines, at any new premises within 5 kilometres of those premises, during the period of 5 years commencing on such date as the court determines.

Penalty:     In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

    (4)     A person is not prohibited from carrying on a tobacco retailing business or e-cigarette retailing business at any premises by reason of subsection (2) or (3) if the court referred to in that subsection—

        (a)     is satisfied that there are exceptional circumstances and that it is reasonable that the tobacco retailing business continue to be carried on at those premises; and

        (b)     makes an order to that effect.

    (5)     An offence is not to be taken into account for the purposes of this section while an appeal is pending against a finding of guilt for the offence.

    (6)     If two or more persons are found guilty of an offence arising from the sale or possession of the same tobacco products or e-cigarette products, there is deemed to be only one offence for the purposes of this section.

    (7)     If a retailer and an associate of a retailer are prohibited from carrying on a tobacco retailing business for 2 or more periods that overlap, those periods are, to the extent that they apply to the same premises, to apply consecutively.

    (8)     In this section—

"associate", in relation to a person, means—

        (a)     if the person carries on a tobacco retailing business or e-cigarette retailing business in partnership with another person, that other person;

        (b)     if the person is a corporation—

              (i)     a director or person concerned in the management of the corporation; or

              (ii)     a person who is entitled to more than 25% of the shares in the corporation;

"new premises", in relation to an offence by a person in relation to premises, does not include premises at which the person carried on a tobacco retailing business or e-cigarette retailing business before the offence was committed;