This privacy collection notice relates to tobacco licences.
Why we are collecting your personal information
The Ministry of Health is responsible for delivering a tobacco licensing scheme under the Public Health (Tobacco) Act 2008. The Ministry of Health has partnered with Service NSW to make it easier to apply for, and manage, a licence under the scheme.
The Ministry of Health and Service NSW are collecting your personal information as part of your application for a licence to retail or wholesale tobacco or non-tobacco smoking products in NSW.
The purpose of the collection is to assess your eligibility to hold a retail or wholesale licence to sell tobacco or non-tobacco smoking products in NSW. The information you provide will also be used in relation to ongoing management and compliance programs in relation to tobacco licences and tobacco retailing and wholesaling laws.
Types of personal information we collect
Before applying for a licence, you will be required to use or create a MyServiceNSW Account and provide the following additional details to Service NSW:
- details from proof of identity documents (such as a driver's licence, Australian passport, or Medicare card) so that we can verify your identity information with the Document Verification Service (DVS).
When you apply for a licence, the Ministry of Health will collect additional information about you and your retail premises, online business, or wholesale business, the person with responsibility for running the retail premises and any non-applicant Directors responsible for a corporation who is applying (if applicable). We collect this information from you when you complete the application for a tobacco licence.
You will also be required to upload the following to the Ministry of Health or Service NSW as part of your application:
- A National Police check document provided by the applicant
- A signed Director consent form from non-applicant directors of a corporation applying for a licence which seeks consent for the Ministry of Health to undertake a criminal records check of any non-applicant directors.
If you provide the personal information of another person, you must obtain authorisation from that person to disclose their personal information to the Ministry of Health and Service NSW for the purposes outlined in this notice.
The Public Health (Tobacco) Act 2008 and Public Health (Tobacco) Regulation 2022 authorises the Ministry of Health and Service NSW to collect and share certain information about you with Commonwealth, state and territory law enforcement agencies and other government agencies in NSW or from a Commonwealth, state or territory agency operating a similar tobacco licensing scheme. The next section of this notice provides more information on these circumstances.
How we will use and disclose this information
The Ministry of Health and Service NSW share all information provided under the tobacco licensing scheme between the two agencies for the purposes outlined in this notice.
We use the personal information we collect for the primary purpose that it was collected for, or a directly related secondary purpose. This includes to:
- assess your eligibility to apply for and hold a retail or wholesale licence to sell tobacco or non-tobacco smoking products in NSW
- contact you about your application, including to request additional information from you or respond to your enquiry
- manage your licence(s) if they are approved, and to undertake compliance programs in relation to tobacco retailing and wholesaling laws.
The Ministry of Health and Service NSW will disclose information in your application to:
- the issuer of any document you provide as evidence in your application (including the criminal history check) for the purpose of confirming the accuracy of the information with the issuer.
- the register of licences that is required to be maintained under the Public Health (Tobacco) Act 2008
- Commonwealth, State or Territory agencies when it is in connection with the administration and management of a similar tobacco licensing scheme.
- Australian law enforcement agency (such as the NSW Police, Australian Federal Police, or Australian Border Force). This would usually be in the following circumstances:
- in assessing your eligibility to hold a tobacco or non-tobacco smoking product licence in accordance with the Public Health (Tobacco) Act 2008 or Public Health (Tobacco) Regulation 2022.
- in undertaking compliance efforts to manage the tobacco licensing scheme or ensure compliance with tobacco retailing laws in NSW.
We have partnered with Digital NSW (a part of the Department of Customer Service) to provide software services to enable us to process and administer the tobacco licensing scheme.
Whether you are required by law to provide us with this information
You are required under the Public Health (Tobacco) Act 2008 and Public Health (Tobacco) Regulation 2022 to provide certain information by law. This information is required to assess your eligibility to hold a retail or wholesale licence to sell tobacco or non-tobacco smoking products.
If you choose not to provide this information, we will not be able to assess your eligibility to hold a retail or wholesale licence to sell tobacco or non-tobacco smoking products.
More information
Read the Ministry of Health Privacy Management Plan and the Service NSW privacy statement for more information about how
- we handle your personal information
- you can access requests and seek correction of the information
- privacy enquiries or complaints can be made
You can also contact us below
NSW Ministry of Health
1 Reserve Road
St Leonards NSW 2065
MoH-tobaccolicensing@health.nsw.gov.au
Service NSW
2-24 Rawson Place
Haymarket NSW 2000
Tobacco Information Line: 1800 357 412