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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

PART 2 - RETAIL AND WHOLESALE LICENCES

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 (Repealed) 26CB. (Repealed) 26F. (Repealed) 26G. (Repealed) 26H. (Repealed) 26I. (Repealed) 26IB. (Repealed) 26IC. (Repealed) 26RA. (Repealed) 26T. (Repealed) 26VA. (Repealed) 26VI. (Repealed) 26VM. (Repealed) 26VP. (Repealed) 26VR. (Repealed) 26VT. (Repealed) 26VV. (Repealed) 26VX. (Repealed) 26ZGB. (Repealed) 26ZGC. (Repealed) 26ZGD. (Repealed) 26ZGE. (Repealed) 26ZGF. (Repealed) 26ZL. (Repealed) 26ZM. (Repealed) 26ZN. (Repealed) 26ZO. (Repealed) 26ZP. (Repealed) 26ZPE. (Repealed)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 1 - Definitions

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

  • 120 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

Division 2 - Transitional provisions for Tobacco and Other Smoking Products Amendment Act 2023

  • 239 Staged implementation for particular business names allowed
  • 240 Renumbering of Act

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