Victorian Consolidated Legislation

TOBACCO ACT 1987

No. 81 of 1987
Version incorporating amendments as at  21 June 2011

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   3A.     Vending machines
   3B.     Tobacco advertisements
   3C.     Bingo area
   3D.     Repealed
   3E.     Declared smoking areas in casinos
   4.      Application of Act
   5.      Objects of Act

   PART 2-CONTROLS RELATING TO TOBACCO PRODUCTS

           Division 1-No smoking areas

   5A.     Enclosed workplaces: offence by smoker
   5B.     Enclosed workplaces: offence by occupier
   5BA.    Repealed
   5C.     Outdoor dining or drinking areas: offence by smoker
   5D.     Outdoor dining or drinking areas: offence by occupier
   5E.     Outdoor dining or drinking areas: no smoking signs
   5F.     Enclosed restaurants and cafes: no smoking signs
   5G.     Retail shopping centres: no smoking signs
   5H.     Bingo areas and centres: no smoking signs
           5I, 5J. Repealed
   5K.     Casinos: no smoking signs
           5L, 5M. Repealed
   5N.     Approved venues: no smoking signs
           5O-5Q. Repealed
   5R.     Licensed premises: no smoking signs

           Division 1A-Smoking in motor vehicles

   5S.     Offence to smoke in motor vehicle if person under 18
           is present
   5T.     Power to require driver to stop
   5U.     Evidential burden regarding age

           Division 2-Advertising and other controls

   6.      Certain advertising prohibited
   6A.     Point of sale advertisements
   7.      Competitions
   8.      Free samples
   9.      Prohibition of certain sponsorships
   10.     Exemptions
   11.     Packing of tobacco
   11A.    Offence to possess certain tobacco products
   12.     Supplying tobacco to person under 18 years
   13.     Vending machines
   13A.    Mobile selling of tobacco products
   14.     Packages of cigarettes
   15.     Smokeless tobacco
           15A, 15B. Repealed
   15C.    Retail outlets: signage
   15D.    Prohibition of retailing at premises where offences have been committed

           Division 3-Underage music/dance events

   15E.    What is an underage music/dance event?
   15F.    No smoking at underage music/dance events
   15G.    Offence by occupier
   15H.    No smoking signs
   15I.    Covering vending machines, tobacco advertisements etc.
   15J.    Prohibition on supplying tobacco at underage
           music/dance events
   15K.    No offence by minors

           Division 4-Sales of tobacco products from temporary outlets

   15L.    Offence to sell tobacco products from temporary outlet
   15M.    Offence for tobacco company to sell tobacco products from temporary outlet

           Division 5-Prohibited products

   15N.    Ban orders
   15O.    Secretary may recommend ban order
   15P.    Operation of ban order
   15Q.    Amendment or revocation of ban order
   15R.    Notice of order
   15S.    Offence to breach a ban order

   PART 2A-SPECIALIST TOBACCONISTS

   15T.    Application for certification as specialist tobacconist
   15U.    Determination of application
   15V.    Certification holder to notify Secretary of commencement of tobacco retailing business
   15W.    Duration of certification
   15X.    Cancellation of certification
   15Y.    Notice of determination or cancellation
   15Z.    Replacement certificates
   15ZA.   Offence to provide false or misleading information to Secretary
   15ZB.   Specialist tobacconist must display certificate

   PART 3-VICTORIAN HEALTH PROMOTION FOUNDATION

   16.     Victorian Health Promotion Foundation
   17.     Objectives of Foundation
   18.     Functions of Foundation
   19.     Powers of Foundation
   20.     Foundation to be responsible to Minister
   21.     Membership of Foundation
   22.     Term of appointment
   23.     Remuneration and allowances
   24.     Removal from office
   25.     Resignation
   26.     Disclosure of interests etc.
   27.     Validity of acts and decisions
   28.     Meetings of Foundation
   29.     Patrons
   30.     Advisory committees
   31.     Chief executive officer and staff
   32.     Victorian Health Promotion Fund
   33.     Budget
           34, 35. Repealed

   PART 3A-INSPECTORS AND POWERS OF INSPECTORS

   36.     Appointment of persons as inspectors
   36A.    Inspector's identity card
   36B.    Production of identity card
   36C.    Power to require names and addresses
   36D.    Entry or search with consent
   36E.    Entry of premises open to the public
   36F.    Search warrants
   36G.    Announcement before entry
   36H.    Details of warrant to be given to occupier
   36I.    Seizure of things not mentioned in the warrant
   36J.    Copies of seized documents
   36K.    Retention and return of seized documents or things
   36L.    Magistrates' Court may extend 3 month period
   36M.    Requirement to assist inspector during entry
   36N.    Refusal or failure to comply with requirement
   36O.    Protection against self-incrimination
   36P.    Offence to give false or misleading information
   36Q.    Offence to hinder or obstruct inspector
   36R.    Offence to impersonate inspector
   36S.    Service of documents
   36T.    Confidentiality

   PART 4-MISCELLANEOUS

   37.     Removal of advertisements
   38.     Infringement notices
   39.     Proceedings
   40.     Application of penalties
   41.     Offences by a body corporate
   41AA.   Conduct by officers, employees or agents
   41A.    No double jeopardy
   42.     Civil proceedings
   42AA.   Repealed
   42A.    Power to require names of persons supplied with tobacco
   42B.    Supreme Court-limitation of jurisdiction
   43.     Regulations

   PART 5-TRANSITIONAL

   44.     Proceedings under section 6(2)
   45.     Section 15D.
   46.     Section 3: definition of occupier
   47.     Savings and validation provision-Tobacco Amendment (Protection of Children) Act 2009-lodgeable infringement offences
           __________________
           SCHEDULE-Infringement Offences
           _______________
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details