Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 3

Definitions

3. Definitions

In this Act- acceptable no smoking sign means a sign that contains-

   (a)  a no smoking symbol in the form of a circle and diagonal line printed
        in red over a depiction of a cigarette and smoke printed in black, or
        other symbol that clearly indicates that smoking is not permitted,
        with the symbol being at least 70mm in height; and
(b) the phrase "No Smoking" or "Smoking Prohibited", or other wording that
clearly indicates that smoking is not permitted, in letters that are at least
20mm in height;

angled stack means packages stacked behind each other from the point of view
of the customer's side of the customer service area;

approved issuer document means a document issued-

   (a)  by a person; or

   (b)  on behalf of a government department or an agency- approved by the
        Minister; approved venue has the same meaning as in the
        Gambling Regulation Act 2003;







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bingo has the same meaning as in the Gambling Regulation Act 2003;



bingo area has the meaning given by section 3C;

bingo centre has the same meaning as in the Gambling Regulation Act 2003;





carton means a package containing packages of a tobacco product, or a package
designed to contain packages of a tobacco product, but does not include a
package containing individually-wrapped cigars (unless the package contains a
further package or packages of the cigars); casino has the same meaning as in
the Casino Control Act 1991;

Chairperson means Chairperson of the Foundation;

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declared smoking area, in relation to a casino, means an area declared under
section 3E;



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display, in relation to a tobacco product at a retail outlet or a wholesale
outlet, means display to the customers of the retail outlet or wholesale
outlet;

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enclosed means an area, room or premises that is or are substantially enclosed
by a roof and walls, regardless of whether the roof or walls or any part of
them are-

   (a)  permanent or temporary;

   (b)  open or closed;

evidence of age document means a document that-

   (a)  is-

   (i)  a Victorian proof of age card or an interstate proof of age card; or

   (ii) a Victorian driver licence or an interstate driver licence; or

   (iii) an Australian or foreign passport; or

   (iv) an approved issuer document; and

   (b)  contains a photograph of the bearer; and

   (c)  indicates, by reference to a date of birth or otherwise, that the
        bearer is of or over a particular age; exercise yard means an area in
        a prison (within the meaning of the Corrections Act 1986) that is
        provided for the purpose of allowing prisoners to have access to the
        open air;

Foundation means the Victorian Health Promotion Foundation; gaming machine has
the same meaning as in the Gambling Regulation Act 2003;





gaming machine area has the same meaning as in the
Gambling Regulation Act 2003;





gaming room means a room in an approved venue in which gaming machines
available for gaming are installed;

high roller room means a room in a casino that is used substantially for
gaming by international visitors to the casino;

immediate package, in relation to a tobacco product, means a package
containing the product-

   (a)  in the case of a tobacco product other than cigars, not including a
        package containing a further package or packages of the product; and

   (b)  in the case of cigars-

   (i)  including a package constituted by the individual wrapping of a cigar,
        and a package containing individually wrapped or unwrapped cigars; but

   (ii) not including any other package containing a further package or
        packages of cigars (whether wrapped or unwrapped);

inspector means a person-

   (a)  who is an environmental health officer appointed by a council (within
        the meaning of section 3(1) of the Local Government Act 1989) for the
        purposes of the Health Act 1958; or

   (b)  who is appointed under this Act to be an inspector for the purposes of
        this Act; interstate driver licence means a licence issued in another
        State or a Territory that is the equivalent of a Victorian driver
        licence;

interstate proof of age card means a card issued in another State or a
Territory that is the equivalent of a Victorian proof of age card;

licensed premises means premises in respect of which a general licence, an
on-premises licence or a club licence within the meaning of the
Liquor Control Reform Act 1998 is in force, other than premises that are a
restaurant or cafe or a bingo centre;

member means member of the Foundation; minor gaming permit means a permit
issued under Division 2 of Part 3 of Chapter 8 of the
Gambling Regulation Act 2003;





newspaper means any paper or pamphlet in paper form containing any public news
or comments on public news or any political matter printed for sale or
distribution and published periodically at intervals not exceeding 26 days but
does not include any document containing only matter wholly of a commercial
nature;

occupier, in relation to an area or premises, means a person who appears to be
of or over 16 years of age and who is, or appears to be, in control of the
area or premises;

on-airport duty free shop has the same meaning as in regulation 93 of the
Customs Regulations 1926 of the Commonwealth;

outdoor dining or drinking area means any of the following outdoor areas that
is predominantly used for the consumption of food or drinks or both-

   (a)  a balcony or verandah;

   (b)  a courtyard;

   (c)  a rooftop;

   (d)  a marquee;

   (e)  a street or footpath;

   (f)  any similar outdoor area;

package does not include a transparent wrapping, unless the wrapping has a
tobacco advertisement printed on it;



point of sale means a place where tobacco products are sold within a retail
outlet or wholesale outlet, and includes a vending machine from which tobacco
products are sold; police member means a member of the force within the
meaning of the Police Regulation Act 1958;

premises includes any part of premises and includes a vehicle or vessel and a
permanent or temporary structure;

product line means a kind of tobacco product distinguishable from other kinds
by one or more of the following characteristics-

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   (b)  brand name;

   (c)  nicotine or tar content;

   (d)  flavour- but not by the size of the package containing the tobacco
        product;

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public place includes a place to which the public ordinarily has access,
whether by payment or not, but does not include a part of a place to which the
public has access by reason only of the carrying on of a trade, business or
profession on or in that place; residential care facility means-

   (a)  a residential care service, State funded residential care service or
        supported residential service within the meaning of the
        Health Services Act 1988; or

   (b)  an aged care service within the meaning of the Aged Care Act 1997 of
        the Commonwealth;

restaurant or cafe means premises that are, or an area in premises that is,
used by the public, or a section of the public, predominantly for the
consumption of food or non-alcoholic drinks purchased on the premises (whether
or not food or non-alcoholic drinks are also sold on the premises for
consumption off the premises) and-

   (a)  in the case of a restaurant or cafe that is an area in premises,
        includes any abutting area in those premises that is not separately
        enclosed from that area, irrespective of the purpose or purposes for
        which the abutting area is used; but

   (b)  does not include premises in respect of which a general licence or a
        club licence within the meaning of the Liquor Control Reform Act 1998
        is in force;

retail outlet means premises where tobacco products are available for sale by
retail;

retail shopping centre means a cluster of premises 5 or more of which are
retail premises and-

   (a)  all of which have, or if leased would have, a common head landlord; or

   (b)  each of which is on a lot on the same plan of subdivision and those
        lots are land affected by an owners corporation within the meaning of
        the Subdivision Act 1988- but does not include-

   (c)  a building with more than one storey except in relation to each storey
        of the building on which is situated a cluster of premises in respect
        of which paragraph (a) or (b) applies; or

   (d)  any part of those premises-

   (i)  that is not used by the public, or a section of the public; or

   (ii) that is an enclosed restaurant or cafe; or

   (iii) in respect of which a general licence or a club licence within the
        meaning of the Liquor Control Reform Act 1998 is in force; or

   (iv) that is a bingo centre within the meaning of the
        Gambling Regulation Act 2003; or

   (v)  that is a road or road related area within the meaning of the
        Road Safety Act 1986;

roof includes any structure or device (whether fixed or movable) that prevents
or significantly impedes upward airflow, including a ceiling;

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Secretary means Secretary to the Department of Human Services;

sell includes-

   (a)  barter or exchange; and

   (b)  offer or expose for sale, barter or exchange; and

   (c)  supply, or offer to supply, in circumstances in which the supplier
        derives, or would derive, a direct or indirect pecuniary benefit; and

   (d)  supply, or offer to supply, gratuitously but with a view to gaining or
        maintaining custom, or otherwise with a view to commercial gain;
        substantially enclosed includes completely enclosed;



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theatre means a place where any live entertainment or film is presented,
performed or exhibited to which admission is or may be procured by payment or
by ticket or by any other means, token or consideration; tobacco advertisement
has the meaning given in section 3B;



tobacco company means-

   (a)  a public company (within the meaning of the Corporations Act) that is
        engaged in any one or more of-

   (i)  tobacco growing;

   (ii) manufacturing tobacco products;

   (iii) wholesaling tobacco products; or

   (b)  a proprietary company (within the meaning of the Corporations Act)
        that is a subsidiary or related body corporate (within the meaning of
        that Act) of a company referred to in paragraph (a);

tobacco product means tobacco, cigarette or cigar or any other product the
main ingredient of which is tobacco and which is designed for human
consumption;

tobacco retailing business means the business of selling tobacco by retail,
either alone or in conjunction with any other merchandise, and includes-

   (a)  any such business carried on as part of, or in conjunction with, any
        other business; and

   (b)  any business that consists of, or involves, management of a retail
        outlet where tobacco products are available for sale by means of a
        vending machine;

tobacco wholesaling business means the business of selling tobacco for the
purposes of resale, either alone or in conjunction with any other merchandise,
and includes any such business carried on as part of, or in conjunction with,
any other business;

vending machine means a machine, device or contrivance that is constructed to
contain tobacco products that may be obtained from it by an operation that
involves the insertion in the machine, device or contrivance of a coin, token
or similar object; Victorian driver licence means a driver licence issued
under the Road Safety Act 1986;

Victorian proof of age card means a document issued by the Director of Liquor
Licensing under section 176 of the Liquor Control Reform Act 1998;

wall includes any structure or device (whether fixed or movable) that prevents
or significantly impedes lateral airflow, including a window or door;

wholesale outlet means premises where tobacco products are available for sale
exclusively by wholesale.

workplace means any premises or area where one or more employees or
self-employed persons (or both) work, whether or not they receive any payment
for that work.