Australian Capital Territory Consolidated Acts

TOBACCO ACT 1927 - SECT 58

    (1)     This section applies if the ACAT may make an occupational discipline order in relation to a licensee.

Note     The ACT Civil and Administrative Tribunal Act 2008 , s 65 sets out when the ACAT may make an order.

    (2)     In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following orders for occupational discipline in relation to the licensee:

        (a)     direct the registrar to vary a tobacco licence held by the person with effect for a stated period of not longer than 5 years—

              (i)     to impose more stringent requirements than otherwise apply under this Act in relation to a point of sale, a price ticket or smoking advertising on or adjacent to all or any of the premises specified in the licence; or

              (ii)     to impose a condition prohibiting smoking advertising on or adjacent to all or any of the premises specified in the licence; or

              (iii)     to impose conditions relating to the sale of smoking products to people under 18 years old; or

              (iv)     to impose a condition prohibiting the sale of smoking products at all or any of the premises stated in the licence;

        (b)     if the ACAT suspends a licensee's licence—suspend any other tobacco licence held by the licensee for a stated period of not longer than 3 months;

        (c)     if the ACAT cancels a licensee's licence—disqualify the person from holding a tobacco licence, or from holding a tobacco licence for stated premises, for a stated period of not longer than 5 years.

Note     The ACT Civil and Administrative Tribunal Act 2008 , s 66 sets out other occupational discipline orders the ACAT may make.

    (3)     If the only ground for occupational discipline in relation to a licensee is the ground under section 56 (c) (which is about a licence granted to a person in error), the ACAT must only cancel the licence to which the section relates.

    (4)     If a person is convicted of an offence against this Act for the 2nd time within 2 years (whether or not the convictions are for offences against the same provision of this Act), the ACAT must—

        (a)     cancel each tobacco licence held by the person; and

        (b)     disqualify the person from holding a tobacco licence for 5 years after notice of the cancellation is given to the person.