Public Health (Tobacco) Act, 2002
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Exemption from section 43 . |
44.—(1) This section shall apply to a person who carries on in whole the business of selling— | |
(a) tobacco products, or | ||
(b) products used for the purposes of or in connection with smoking. | ||
by retail, other than a person who carries on in whole such business being a subsidiary of a company that does not carry on in whole such business. | ||
(2) The Minister may issue a certificate to a person to whom this section applies, upon application being made in that behalf by that person, stating that section 43 shall not apply to him or her in respect of such premises as are specified in the certificate, and accordingly, where the Minister issues such a certificate, section 43 shall not apply to the person in relation to those premises while such certificate remains in force. | ||
(3) The Minister shall not issue a certificate where— | ||
(a) the person making the application concerned is in contravention of regulations under this section, or | ||
(b) there is a contravention of such regulations in respect of the premises to which the application concerned relates. | ||
(4) The Minister may make regulations for the purposes of this section, and, without prejudice to the generality of the foregoing, such regulations may provide— | ||
(a) for the minimum size of premises to which a certificate under this section shall apply, | ||
(b) that such premises shall not form part of another premises in which products other than those referred to in subsection (1) are sold, | ||
(c) for the proportion of tobacco products that may be sold in the form of cigarettes on those premises, | ||
(d) for the form of an application under this section and the information and documentation that shall accompany such application, | ||
(e) for the payment of fees by a person who makes an application under this section, for the purposes of defraying expenses incurred in considering such application or issuing a certificate under this section, or | ||
(f) the period in respect of which a certificate under this section shall continue in force. | ||
(5) The Minister may revoke a certificate under this section if— | ||
(a) the person to whom the certificate is issued— | ||
(i) contravenes regulations under this section, or | ||
(ii) ceases to be a person to whom this section applies, | ||
or | ||
(b) there is a contravention of such regulations in relation to the premises concerned. | ||
(6) In this section “subsidiary” has the same meaning as it has in section 155 of the Companies Act, 1963 . |