Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Object of Act
   3A.     How object is to be achieved
   4.      Definitions
   5.      Who is a responsible adult
   6.      Acceptable evidence of age
   7.      Act binds all persons

           Part 2--Supply of smoking products

           Division 1--Suppliers and employees

   8.      Application of div 1
   9.      Meaning of prevention measures for div 1
   9A.     Supplier must take prevention measures
   10.     Supplier must not supply smoking products to children
   11.     Supplier must ensure employees do not supply smoking products to children
   12.     When employee of supplier liable
   13.     Order prohibiting or restricting sale of smoking products
   13A.    Power to require details of retail suppliers

           Division 2--Tobacco product vending machines

   14.     Definitions for div 2
   15.     Restriction on location of tobacco product vending machines
   15A.    Person in charge of tobacco product vending machine in bar area or gaming machine area must instruct employees
   16.     Supply of tobacco products from vending machines
   17.     Persons in charge of tobacco product vending machines may be prohibited from possessing tobacco product vending machines

           Division 3--Supply of herbal cigarettes and loose smoking blends from coin-operated vending machines

   18.     Prohibition on use of vending machine to supply herbal cigarettes and loose smoking blends

           Division 3A--Supply of smoking products by adults to children

   18A.    Application of div 3A
   19.     Supply prohibited

           Division 3B--False representation of age

   19A.    Person must not falsely represent age

           Division 4--Signage

   20.     Supplier must display particular signs
   21.     Person in charge of tobacco product vending machine must attach particular signs

           Division 5--Minimum saleable quantities of smoking products

   22.     Cigarettes and herbal cigarettes must be sold in packages
   23.     Loose tobacco must be sold in packages
   23A.    Loose smoking blend must be sold in packages

           Division 6--Defence to charges for offences if age material

   24.     Defence to charge if age material

           Part 2A--Advertising, display and promotion of smoking products

           Division 1AA--Definitions

   25.     Definitions for pt 2A

           Division 1--Retail advertising and display

   26.     Application of div 1
   26A.    Advertising and display to be as provided in this division
   26B.    Location of display of smoking products
   26C.    Availability for sale of displayed products
   26CA.   One smoking product display only per retail outlet
   26CB.   Size of smoking product display
   26D.    Manner of display of immediate package of smoking product
   26E.    Manner of display of individual cigars
   26F.    Display of health warning on humidified container and humidified room
   26G.    When display must not constitute advertisement
   26H.    Display of retail prices of smoking product
   26HA.   Certain business names allowed
   26HB.   Use of 'tobacconist' in advertising

           Division 2--Tobacco product vending machines

   26IA.   Advertising or display to be as provided under this division
   26IB.   Size of tobacco product display
   26IC.   Manner of display of tobacco product
   26ID.   Display of retail prices of tobacco product
   26IE.   Certain business names allowed

           Division 3--Promotions of smoking products

   26J.    Definitions for div 3
   26K.    When division does not apply
   26L.    Supply of object or entitlement that promotes smoking product etc.
   26M.    Supply of object or entitlement in association with smoking product sale or consumption
   26N.    Smoking product giveaways
   26O.    Competition that promotes smoking product
   26P.    Conduct of competition in association with smoking product sale or consumption
   26PA.   Image of consumption of smoking product

           Part 2B--Smoke-free enclosed places

   26Q.    Definitions for pt 2B
   26R.    Person must not smoke in enclosed place
   26S.    No smoking sign
   26U.    Person smoking must stop when directed
   26V.    Offence by occupier

           Part 2C--Smoke-free outdoor places

           Division 1--Outdoor eating or drinking places

   26W.    Meaning of outdoor eating or drinking place
   26X.    Person must not smoke at outdoor eating or drinking place
   26Y.    Person smoking must stop when directed
   26Z.    Offence by occupier
   26ZA.   Designating an outdoor smoking area
   26ZB.   Obligations of licensee of premises with designated outdoor smoking area
   26ZC.   Smoking management plans

           Division 2--Major sports facilities

   26ZD.   Meaning of major sports facility
   26ZE.   Person must not smoke at major sports facility
   26ZF.   Person smoking must stop when directed
   26ZG.   Offence by occupier

           Division 3--Other outdoor places

   26ZH.   Person must not smoke at a patrolled beach
   26ZI.   Person must not smoke at a prescribed outdoor swimming area
   26ZJ.   Person must not smoke near an entrance to an enclosed place
   26ZK.   Person must not smoke near children's playground equipment
   26ZL.   Person smoking must stop when directed
   26ZM.   State and local governments administer this division
   26ZN.   Role of local government
   26ZO.   State may require report from local government
   26ZP.   Fines payable to local government

           Part 2D--Prohibited products

   26ZPA.  Sale, supply and display of ice pipes
   26ZQ.   Sale, supply and display of bongs
   26ZQA.  Display of hookahs
   26ZR.   Supply of smokeless tobacco products
   26ZS.   Supply of food or toys resembling tobacco products

           Part 3--Monitoring and enforcement

           Division 1--Appointment of authorised persons and other matters

   27.     Powers generally
   28.     Appointment
   29.     Qualifications for appointment
   30.     Appointment conditions and limit on powers
   30A.    Issue of identity card
   30B.    Production or display of identity card
   30C.    When authorised person ceases to hold office
   30D.    Resignation
   30E.    Return of identity card
   31.     Protection from liability

           Division 2--Powers of authorised persons

   32.     Meaning of occupier for div 2
   33.     Entry of places by authorised persons
   34.     Consent to entry
   35.     Evidence of consent
   36.     Warrants
   36A.    Special warrants
   36B.    Warrants—procedure before entry
   37.     General powers after entering places
   37A.    Failure to help authorised person
   37B.    Failure to give information

           Division 3--Other enforcement powers of authorised persons

   38.     Power to require name and address
   39.     Power to require evidence of age, name and address of person observed being supplied a smoking product
   40.     Power to seize smoking product
   40A.    Power to direct person to stop smoking

           Division 4--Seizure of evidence

   40B.    Seizing evidence at a place that may be entered without consent or a warrant
   41.     Seizing evidence at a place that may only be entered with consent or a warrant
   42.     Securing seized thing
   42A.    Tampering with seized thing
   42B.    Powers to support seizure
   42C.    Receipt for seized thing
   42D.    Forfeiture of seized things
   43.     Forfeiture on conviction
   44.     Dealing with forfeited things etc.
   44A.    Return of seized things
   44B.    Access to seized things

           Division 5--Other enforcement matters

   44C.    Improvement notices
   44D.    Power to require production of written acknowledgment
   44E.    Failure to produce acknowledgment
   44F.    Failure to certify copy of acknowledgment
   44G.    Power to require information
   45.     False or misleading information
   46.     False, misleading or incomplete documents
   47.     Notice of damage
   48.     Compensation
   49.     Impersonation of authorised person
   50.     Obstructing authorised persons

           Part 4--Miscellaneous

   51.     Evidence that a thing is labelled as a particular product
   51A.    Responsibility for acts or omissions of representatives
   51B.    Executive officers must ensure corporation complies with Act
   51C.    Act does not create or preserve right to smoke
   53.     Regulation-making power

           Part 5--Transitional

   54.     Transitional—court order under s 13
   55.     Transitional—amendment of regulation
           SCHEDULE DICTIONARY
           Endnotes