Public Health (Tobacco) Act, 2002
|
Prohibition on sale of tobacco products to persons under 18 years of age. |
45.—(1) It shall be an offence for a person to sell a tobacco product by retail, or supply a tobacco product, to, or invite an offer to purchase a tobacco product by, a person who has not attained the age of 18 years. | |
(2) In proceedings for an offence under subsection (1) it shall be a defence for the person against whom such proceedings are brought to prove that— | ||
(a) he or she made all reasonable efforts to satisfy himself or herself that the person to whom the alleged offence relates had at the time of the alleged commission of the offence attained the age of 18 years, or | ||
(b) the person specified in paragraph (a) produced to the first-mentioned person an age card, for the time being in force, relating to the person so specified. | ||
(3) In proceedings for an offence under subsection (1) the court may have regard to a person's physical appearance or attributes for the purpose of determining whether that person is under the age of 18 years or was, at the time of the alleged commission of the offence to which the proceedings relate, under the age of 18 years. | ||
(4) In this section “age card” has the same meaning as it has in Part IV of the Intoxicating Liquor Act, 1988 . |