Northern Territory Consolidated Acts

TOBACCO CONTROL ACT - SECT 58

58. Regulations

(1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters -

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The Regulations may -

(a) exempt specialist tobacconists from compliance with one or more of the provisions in Part 3, Division 2, 3 or 4;

(b) modify one or more of the provisions in Part 3, Division 2, 3 or 4 in their application to specialist tobacconists; or

(c) require specialist tobacconists to comply with one or more of the provisions of the Regulations instead of one or more of the provisions in Part 3, Division 2, 3 or 4.

(3) For the purpose of prescribing a sign, health warning or notice, the matters that the Regulations may provide for include but are not limited to all or any of the following:

(a) the words, symbols or images that comprise the sign, health warning or notice;

(b) the place where those words, symbols or images are to be marked;

(c) the size, type face and colour in which those words, symbols or images are to be marked and the colour of their background;

(d) the manner of marking, whether by printing or otherwise, the sign, health warning or notice;

(e) the manner, form and method of displaying the sign, health warning or notice;

(f) the area or size of the sign, health warning or notice.

(4) The Regulations may provide for any of the following matters:

(a) the application, adoption or incorporation (wholly or in part and with or without modification) an instrument or other document as in force at a particular time or from time to time;

(b) penalties for offences against the Regulations not exceeding 100 penalty units for a natural person and 500 penalty units for a body corporate;

(c) offences against the Regulations to be regulatory offences;

(d) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against this Act or the Regulations;

(e) the service of an infringement notice in respect of payment of a prescribed amount on a person alleged to have committed an offence referred to in paragraph (d) and the particulars to be included in that notice.

(5) The Regulations may make different provision for different matters or different classes of matters.