TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - As at 1 September 2023 - Act 1 of 1998
- As at 1 September 2023
- Act 1 of 1998
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Preliminary
Division 2 - General information about licences
Division 3 - Application and grant
Division 4 - Renewal and restoration
- 24 Application for renewal of retail or wholesale licence
- 25 Application for restoration of expired retail or wholesale licence
- 26 Criteria for grant
26CA. (Repealed)
26CB. (Repealed)
26F. (Repealed)
26G. (Repealed)
26H. (Repealed)
26I. (Repealed)
26IB. (Repealed)
26IC. (Repealed)
26RA. (Repealed)
26T. (Repealed)
26VA. (Repealed)
26VI. (Repealed)
26VM. (Repealed)
26VP. (Repealed)
26VR. (Repealed)
26VT. (Repealed)
26VV. (Repealed)
26VX. (Repealed)
26ZGB. (Repealed)
26ZGC. (Repealed)
26ZGD. (Repealed)
26ZGE. (Repealed)
26ZGF. (Repealed)
26ZL. (Repealed)
26ZM. (Repealed)
26ZN. (Repealed)
26ZO. (Repealed)
26ZP. (Repealed)
26ZPE. (Repealed)
- 27 Deciding application
- 28 Notice of decision
- 29 Term of retail or wholesale licence if renewed or restored
Division 5 - Changes to licences
Subdivision 1 - Changes requested by licensee
- 30 Application for change requested by licensee
- 31 Deciding application
- 32 Notice of decision
Subdivision 2 - Changes made by chief executive
- 33 Application of subdivision
- 34 Show cause notice before changing specific conditions
- 35 Decision about changing conditions
Division 6 - Suspension, cancellation and surrender
- 36 Suspension
- 37 Cancellation
- 38 Immediate suspension without show cause notice
- 39 Surrender
Division 7 - Other matters affecting licences
Subdivision 1 - Fit and proper persons
- 40 Deciding whether person is fit and proper
- 41 Criminal history report
Subdivision 2 - Additional information and inspections of premises
- 42 Requesting further information or documents
- 43 Requesting inspection of premises
Subdivision 3 - Executors, administrators and trustees as licensees
- 44 Death of licensee
- 45 Licensee is placed into administration, receivership or liquidation
Division 8 - Obligations of licensees
- 46 Notification of convictions
- 47 Notification of particular events
- 48 Licence to be displayed
- 49 Invoices for supply to retailers
- 50 Chief executive may require licensee to give particular information
Division 9 - Other offences
- 51 Wholesale to only be made to licensed retailers
51B. (Repealed)
- 52 Particular dealings with licences prohibited
- 53 False or misleading information
Division 10 - Register of licences
- 54 Chief executive must keep register
Division 11 - Review of decisions
Subdivision 1 - Preliminary
- 55 Definitions for division
Subdivision 2 - Internal review
- 56 Review process must start with internal review
- 57 Who may apply for internal review
- 58 Requirements for application
- 59 Internal review
Subdivision 3 - Stays
- 60 QCAT may stay operation of original decision
Subdivision 4 - External review
- 61 Applying for external review
PART 3 - SUPPLY OF SMOKING PRODUCTS
Division 1 - Suppliers and employees
- 62 Application of div 1
- 63 Meaning of prevention measures for div 1
- 64 Supplier must take prevention measures
- 66 Supplier must not supply smoking products to children
- 67 Supplier must ensure employees do not supply smoking products to children
- 69 When employee of supplier liable
- 70 Order prohibiting or restricting sale of smoking products
- 71 Power to require details of retail suppliers
Division 2 - Particular restrictions on sales by suppliers
- 72 Number of points of sale
- 73 Supplier must not sell smoking products from temporary retail store
Division 3 - Tobacco product vending machines
- 74 Definitions for div 3
- 75 Restriction on location of tobacco product vending machines
- 76 Person in charge of tobacco product vending machine in bar area or gaming machine area must instruct employees
- 77 Supply of tobacco products from vending machines
- 79 Persons in charge of tobacco product vending machines may be prohibited from possessing tobacco product vending machines
Division 4 - Supply of particular smoking products from coin operated vending machines
- 80 Prohibition on use of vending machine to supply personal vaporisers and related products, herbal cigarettes and loose smoking blends
Division 5 - Supply of smoking products by adults to children
- 81 Application of div 5
- 82 Supply to children prohibited
Division 6 - False representation of age
- 83 Person must not falsely represent age
Division 7 - Minimum saleable quantities of smoking products
- 84 Cigarettes and herbal cigarettes must be sold in packages
- 85 Loose tobacco must be sold in packages
- 86 Loose smoking blend must be sold in packages
Division 8 - Defence to charges for offences if age material
- 87 Defence to charge if age material
PART 4 - ADVERTISING, DISPLAY AND PROMOTION OF SMOKING PRODUCTS
Division 2 - Retail advertising and display
- 89 Application of division
- 90 Prohibition on display, and restrictions on advertising, of smoking products
- 91 Location of smoking products at retail outlet
- 92 Smoking products must be kept out of sight of customers
- 93 Smoking products must not constitute advertisement
- 94 Display of retail prices of smoking products
- 95 Certain business names allowed
- 96 Use of ‘tobacconist’ in advertising
- 97 Display of signage at supplier’s relevant point of sale
Division 3 - Tobacco product vending machines
- 98 Prohibition on display, and restrictions on advertising, of smoking products
- 99 Display of retail prices of tobacco product
- 100 Certain business names allowed
- 101 Person in charge of tobacco product vending machine must attach particular signs
Division 4 - Promotions of smoking products
- 102 Definitions for div 4
- 103 When division does not apply
- 104 Supply of object or entitlement that promotes smoking product etc.
- 105 Supply of object or entitlement in association with smoking product sale or consumption
- 106 Smoking product giveaways
- 107 Competition that promotes smoking product
- 108 Conduct of competition in association with smoking product sale or consumption
- 109 Image of consumption of smoking product
PART 5 - SMOKE-FREE ENCLOSED PLACES
- 110 Application of pt 5
- 111 Definition for part
- 112 Person must not smoke in enclosed place
- 113 No smoking sign
- 114 No food or drink to be provided while person continues smoking after being directed to stop
- 115 Offence by occupier
PART 6 - SMOKE-FREE MOTOR VEHICLES
- 116 Person must not smoke in motor vehicle being used for business use if anyone else in the vehicle
- 117 Person must not smoke in motor vehicle if person under 16 in the vehicle
- 118 Defence for s 117
- 119 Evidentiary provisions
PART 7 - SMOKE-FREE FACILITIES
Division 1 - Application of part
Division 2 - Major sports facilities
- 121 Meaning of major sports facility
- 122 Person must not smoke at major sports facility
- 123 Offence by occupier
Division 3 - Major event facilities
- 124 Definitions for division
- 125 Person must not smoke at major event facility
- 126 Offence by major event organiser
Division 4 - Health facilities
- 127 Person must not smoke at or near health facility
Division 5 - School facilities
- 128 Person must not smoke at or near school facility
Division 6 - Public swimming facilities
- 129 Person must not smoke at public swimming facility
Division 7 - Early childhood education and care facilities
- 130 Person must not smoke at or near early childhood education and care facility
Division 8 - Residential aged care facilities
- 131 Person must not smoke at or near residential aged care facility
PART 8 - SMOKE-FREE OUTDOOR PLACES
Division 1 - Outdoor eating or drinking places
Subdivision 1 - General provisions
- 132 Meaning of outdoor eating or drinking place
- 133 Person must not smoke at outdoor eating or drinking place
- 134 Smoking area at outdoor eating or drinking place
- 135 No food or drink to be provided while person continues smoking after being directed to stop
- 136 Offence by occupier
Subdivision 2 - Provisions for particular liquor licensed premises
- 137 Designating an outdoor smoking area
- 138 Obligations of liquor licensee of premises with designated outdoor smoking area
- 139 Smoking management plans
Division 2 - Government precincts
- 140 Person must not smoke within government precinct
Division 3 - Outdoor markets
- 141 Person must not smoke at an outdoor market
- 142 Person must not smoke near entrance to outdoor market
- 143 Offence by organiser
- 144 Smoking area
Division 4 - Other outdoor places
- 145 Person must not smoke at a patrolled beach
- 146 Person must not smoke at a prescribed outdoor swimming area
- 147 Person must not smoke near an entrance to an enclosed place
- 148 Person must not smoke near children’s playground equipment
- 149 Person must not smoke at outdoor pedestrian mall
- 150 Person must not smoke at or near public transport waiting point
- 151 Person must not smoke at or near skate park
- 152 Person must not smoke at or near organised under-age sporting event or organised children’s activity
- 153 Person must not smoke at national park
Division 5 - Local government may prohibit smoking at other outdoor public places
- 154 Local government may make local laws prohibiting smoking at other outdoor public places
- 155 Consultation
- 156 State may require report from local government about local law
- 157 Fines payable for contravention of local law payable to local government
PART 9 - PROHIBITED PRODUCTS
- 158 Sale, supply and display of ice pipes
- 159 Sale, supply and display of bongs
- 160 Display of hookahs
- 161 Supply or possession of illicit tobacco
- 162 Supply of smokeless tobacco products
- 163 Supply of objects resembling tobacco products
- 164 Sale of confectionary-flavoured or fruit-flavoured cigarettes
PART 10 - ADMINISTRATION OF PROVISIONS BY STATE AND LOCAL GOVERNMENTS
- 165 State and local governments administer particular provisions
- 166 Role of local government
- 167 State may require report from local government
- 168 Fines payable to local government
PART 11 - MONITORING AND ENFORCEMENT
Division 1 - Appointment of authorised persons and other matters
- 169 Powers generally
- 170 Appointment
- 171 Qualifications for appointment
- 172 Appointment conditions and limit on powers
- 173 Issue of identity card
- 174 Production or display of identity card
- 175 When authorised person ceases to hold office
- 176 Resignation
- 177 Return of identity card
- 178 Protection from liability
Division 2 - Powers of authorised persons
- 179 Application of div 2
- 180 Meaning of occupier for div 2
- 181 Entry of places by authorised persons
- 182 Consent to entry
- 183 Evidence of consent
- 184 Warrants
- 185 Special warrants
- 186 Warrants—procedure before entry
- 187 General powers after entering places
- 188 Failure to help authorised person
- 189 Failure to give information
Division 3 - Other enforcement powers of authorised persons
- 190 Application of div 3
- 191 Power to require name and address
- 192 Power to require evidence of age, name and address of person observed being supplied a smoking product
- 193 Power to seize smoking product
- 194 Power to direct person to stop smoking
Division 4 - Seizure of evidence
- 195 Application of div 4
- 196 Restriction of seizure powers
- 197 Seizing evidence at a place that may be entered without consent or a warrant
- 198 Seizing evidence at a place that may only be entered with consent or a warrant
- 199 Securing seized thing
- 200 Tampering with seized thing
- 201 Powers to support seizure
- 202 Receipt for seized thing
- 203 Forfeiture of seized things that can not be returned to owner
- 204 Forfeiture of smoking product seized under s 193
- 205 Forfeiture of illicit tobacco
- 206 Forfeiture on conviction
- 207 Dealing with forfeited things etc.
- 208 Return of seized things
- 209 Access to seized things
Division 5 - Other enforcement matters
- 210 Application of div 5
- 211 Improvement notices
- 212 Power to require production of written acknowledgement
- 213 Failure to produce acknowledgement
- 214 Failure to certify copy of acknowledgement
- 215 Power to require information
- 216 False or misleading information
- 217 False, misleading or incomplete documents
- 218 Notice of damage
- 219 Compensation
- 220 Impersonation of authorised person
- 221 Obstructing authorised persons
- 222 Person smoking may be directed to stop
- 223 Person smoking must stop when directed
Division 6 - Appeals for particular forfeiture decisions
- 224 Definition for division
- 225 Appealing forfeiture decision
- 226 Staying operation of decision
- 227 Powers of court on appeal
- 228 Effect of court’s decision on appeal
PART 12 - MISCELLANEOUS
- 229 Evidence that a thing is labelled as a particular product
- 230 Responsibility for acts or omissions of representatives
- 231 Act does not create or preserve right to smoke
- 232 Confidentiality of information
- 233 Disclosure of information to entities performing relevant functions
- 234 Only chief executive may commence particular proceedings
- 235 Approved forms
- 236 Delegation
- 237 Regulation-making power
PART 13 - TRANSITIONAL
Division 1 - Transitional provision for Tobacco and Other Smoking Products Amendment Act 2004
- 238 Transitional—court order under s 70
- 239 Staged implementation for particular business names allowed
- 240 Renumbering of Act