TOBACCO ACT 1987 - SECT 3 Definitions
TOBACCO ACT 1987 - SECT 3
DefinitionsIn this Act—
S. 3 def. of acceptable no smoking sign inserted by No. 45/2005 s. 3(a).
"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 70 mm 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 20 mm in height;
S. 3 def. of angled stack inserted by No. 28/2001 s. 3(1).
"angled stack" means packages stacked behind each other from the point of view of the customer's side of the customer service area;
S. 3 def. of approved issuer document inserted by No. 45/2005 s. 3(a).
"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;
S. 3 def. of approved venue inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(a)).
"approved venue" has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3 def. of ban order inserted by No. 49/2009 s. 8(1).
"ban order" means an order made by the Minister under section 15N(1);
S. 3 def. of bar area inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 21(a)(i).
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S. 3 def. of bingo inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(b)).
"bingo" has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3 def. of bingo area inserted by No. 31/2002 s. 4(1).
bingo area has the meaning given by section 3C;
S. 3 def. of bingo centre inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(b)).
"bingo centre" has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3 def. of carton inserted by No. 43/2000 s. 4(1), amended by No. 55/2016 s. 9(2)(a).
"carton" means a package containing packages of a tobacco product or e-cigarette product, or a package designed to contain packages of a tobacco product or e-cigarette product, but does not include a package containing individually-wrapped cigars (unless the package contains a further package or packages of the cigars);
S. 3 def. of casino inserted by No. 31/2002 s. 4(1).
"casino" has the same meaning as in the Casino Control Act 1991 ;
"Chairperson" means Chairperson of the Foundation;
S. 3 def. of children's indoor play centre inserted by No. 65/2014 s. 4.
"children's indoor play centre" means premises used by a business whose principal revenue is generated by providing indoor play equipment to be used at the premises predominantly by children under the age of 12 years and those responsible for their care;
S. 3 def. of children's service inserted by No. 65/2014 s. 4.
"children's service" has the same meaning as in section 3(1) of the Children's Services Act 1996 ;
S. 3 def. of children's service premises inserted by No. 65/2014 s. 4, substituted by No. 37/2019 s. 22.
"children's service premises" has the same meaning as in the Children's Services Act 1996 ;
S. 3 def. of controlled shopping centre inserted by No. 43/2000 s. 4(1), repealed by No. 28/2001 s. 3(2)(a).
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S. 3 def. of declared smoking area inserted by No. 31/2002 s. 4(1), amended by No. 45/2005 s. 21(a)(ii), repealed by No. 42/2022 s. 63.
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S. 3 def. of designated non-smoking room inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 21(b).
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S. 3 def. of dining area inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 21(b).
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S. 3 def. of display inserted by No. 43/2000 s. 4(1), amended by No. 55/2016 s. 9(2)(b).
"display", in relation to a tobacco product or e‑cigarette product at a retail outlet or a wholesale outlet, means display to the customers of the retail outlet or wholesale outlet;
S. 3 def. of driver inserted by No. 49/2009 s. 8(1).
"driver "has the same meaning as in the Road Safety Act 1986 ;
S. 3 def. of driver licence inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 3(b).
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S. 3 def. of
e-cigarette inserted by No. 55/2016 s. 9(1).
"e-cigarette "means—
(a) a device (other than a device that is prescribed to be not an e-cigarette for the purposes of this Act) that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product; or
(b) any other device prescribed by the regulations;
S. 3 def. of
e-cigarette accessory inserted by No. 55/2016 s. 9(1).
"e-cigarette accessory" means—
(a) a cartridge, capsule or other container designed to contain a liquid, aerosol, gas, vapour or other substance for use in an e-cigarette; or
(b) a heating element designed for use in an e-cigarette; or
(c) any other component of an e-cigarette prescribed by the regulations;
S. 3 def. of
e-cigarette company inserted by No. 55/2016 s. 9(1).
"e-cigarette company" means—
(a) a public company (within the meaning of the Corporations Act) that is engaged in one or more of—
(i) manufacturing e-cigarette products;
(ii) wholesaling e-cigarette 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);
S. 3 def. of
e-cigarette product inserted by No. 55/2016 s. 9(1).
"e-cigarette product" means an e-cigarette or e‑cigarette accessory;
S. 3 def. of
e-cigarette retailing business inserted by No. 55/2016 s. 9(1).
"e-cigarette retailing business" means the business of selling e-cigarettes by retail, 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;
S. 3 def. of
e-cigarette wholesaling business inserted by No. 55/2016 s. 9(1).
"e-cigarette wholesaling business" means the business of selling e-cigarette products 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;
S. 3 def. of education and care service inserted by No. 65/2014 s. 4.
"education and care service "has the same meaning as in section 5(1) of the Education and Care Services National Law (Victoria);
S. 3 def. of education and care service premises inserted by No. 65/2014 s. 4.
"education and care service premises" has the same meaning as in paragraph (a) of the definition of education and care service premises in section 5(1) of the Education and Care Services National Law (Victoria);
S. 3 def. of enclosed inserted by No. 43/2000 s. 4(1), amended by No. 31/2002 s. 4(2)(a)(b), substituted by No. 45/2005 s. 3(c).
"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;
S. 3 def. of evidence
of age document inserted by No. 43/2000 s. 4(1), substituted by No.
45/2005 s. 3(d).
"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;
S. 3 def. of exercise yard inserted by No. 45/2005 s. 3(a), repealed by No. 45/2014 s. 6.
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"Foundation" means the Victorian Health Promotion Foundation;
S. 3 def. of gaming machine inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(a)).
"gaming machine" has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3 def. of gaming machine area inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(a)).
"gaming machine area" has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3 def. of gaming room inserted by No. 31/2002 s. 4(1).
"gaming room" means a room in an approved venue in which gaming machines
available for gaming are installed;
S. 3 def. of high roller room inserted by No. 31/2002 s. 4(1), repealed by No. 42/2022 s. 63.
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S. 3 def. of highway inserted by No. 49/2009 s. 8(1).
"highway" has the same meaning as in the Road Safety Act 1986 ;
S. 3 def. of immediate package inserted by No. 43/2000 s. 4(1), amended by No. 55/2016 s. 9(2)(c).
"immediate package", in relation to a tobacco product or e-cigarette 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
(ab) in the case of an e-cigarette product, 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);
S. 3 def. of inspector inserted by No. 43/2000 s. 4(1), amended by No. 46/2008 s. 291.
"inspector" means a person—
(a) who is an environmental health officer appointed under section 29 of the Public Health and Wellbeing Act 2008 ; or
(b) who is appointed under this Act to be an inspector for the purposes of this Act;
S. 3 def. of interstate driver licence inserted by No. 45/2005 s. 3(a).
"interstate driver licence" means a licence issued in another State or a Territory that is the equivalent of a Victorian driver licence;
S. 3 def. of interstate proof of age card inserted by No. 45/2005 s. 3(a).
"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;
S. 3 def. of licensed premises inserted by No. 31/2002 s. 4(1).
"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;
S. 3 def. of minor gaming permit inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(c)).
"minor gaming permit" means a permit issued under Division 2 of Part 3 of Chapter 8 of the Gambling Regulation Act 2003 ;
S. 3 def. of motor vehicle inserted by No. 49/2009 s. 8(1).
"motor vehicle" has the same meaning as in the Road Safety Act 1986 ;
S. 3 def. of newspaper substituted by No. 56/1998 s. 5(2).
"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;
S. 3 def. of occupier inserted by No. 43/2000 s. 4(1), substituted by No. 49/2009 s. 8(2).
"occupier", in relation to an area or premises, means—
(a) a person who appears to be of or over the age of 16 years and who is or appears to be in control of the area or premises, whether or not the person is present in the area or on the premises; or
(b) a body corporate that is or appears to be in control of the area or premises;
S. 3 def. of on‑airport duty free shop inserted by No. 28/2001 s. 3(1).
"on-airport duty free shop" has the same meaning as in regulation 93 of the Customs Regulations 1926 of the Commonwealth;
S. 3 def. of outdoor dining area inserted by No. 55/2016 s. 5(1).
outdoor dining area has the meaning given in section 3F ;
S. 3 def. of outdoor dining or drinking area inserted by No. 45/2005 s. 3(a), amended as outdoor drinking area by No. 55/2016 s. 4(1).
"outdoor drinking area" means any of the following outdoor areas that is predominantly used for the consumption of drinks—
(a) a balcony or verandah;
(b) a courtyard;
(c) a rooftop;
(d) a marquee;
(e) a street or footpath;
(f) any similar outdoor area;
S. 3 def. of package inserted by No. 43/2000 s. 4(1), substituted by No. 55/2016 s. 5(2).
"package" (other than in relation to a snack) does not include a transparent wrapping, unless the wrapping has a tobacco or e-cigarette advertisement printed on it;
S. 3 def. of pedestrian access point inserted by No. 65/2014 s. 4.
"pedestrian access point" in relation to premises means a door or gate by which a pedestrian can enter or exit the premises but does not include—
(a) a door or gate to premises that are used partly for residential purposes and partly for other purposes if the door or gate is used solely for entry to or exit from that part of the premises that is used solely for residential purposes; or
(b) an emergency exit that is locked to entry;
S. 3 def. of point of sale inserted by No. 43/2000 s. 4(1), amended by No. 55/2016 s. 9(2)(d).
"point of sale" means a place where tobacco products or e-cigarette products
are sold within a retail outlet or wholesale outlet, and includes a
vending machine from which tobacco products are sold;
S. 3 def. of police member inserted by No. 45/2005 s. 3(a), substituted as police officer by No. 37/2014 s. 10(Sch. item 169.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3 def. of premises inserted by No. 43/2000 s. 4(1).
"premises" includes any part of premises and includes a vehicle or vessel and a permanent or temporary structure;
S. 3 def. of product line inserted by No. 43/2000 s. 4(1), amended by Nos 31/2002 s. 4(3), 55/2016 s. 9(2)(e).
"product line" means a kind of tobacco product or e-cigarette 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 or e-cigarette product;
S. 3 def. of proof of age card inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 3(e).
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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;
S. 3 def. of residential care facility inserted by No. 45/2005 s. 3(a), amended by No. 49/2010 s. 232.
"residential care facility" means—
(a) a residential care service or State funded residential care 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; or
(c) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010 ;
S. 3 def. of restaurant
or cafe inserted by No. 43/2000 s. 4(1).
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;
S. 3 def. of retail outlet inserted by No. 43/2000 s. 4(1), amended by No. 55/2016 s. 9(2)(f).
"retail outlet" means premises where tobacco products or e-cigarette products are available for sale by retail;
S. 3 def. of retail shopping centre inserted by No. 43/2000 s. 4(1), substituted by No. 28/2001 s. 3(2)(b), amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 13.1(b)), 69/2006. s. 224(Sch. 3 item 9).
"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 ;
S. 3 def. of road inserted by No. 66/2013 s. 4.
"road "has the same meaning as in section 3(1) of the Road Safety Act 1986 ;
S. 3 def. of roof inserted by No. 45/2005 s. 3(a).
"roof" includes any structure or device (whether fixed or movable) that prevents or significantly impedes upward airflow, including a ceiling;
S. 3 def. of room inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 3(e).
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S. 3 def. of school premises inserted by No. 65/2014 s. 4.
"school premises" means the buildings and grounds of a school within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006 ;
S. 3 def. of Secretary inserted by No. 43/2000 s. 4(1), substituted by No. 29/2010 s. 73.
"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health;
"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;
S. 3 def. of smoke inserted by No. 55/2016 s. 9(1).
"smoke" means—
(a) smoke, hold or otherwise have control over, an ignited or heated tobacco product; or
(b) use an e-cigarette to generate or release an aerosol or vapour;
S. 3 def. of snack inserted by No. 55/2016 s. 5(1).
"snack" means—
(a) a pre-packaged shelf-stable food that—
(i) is sealed in the container or package in which the manufacturer intended the food to be sold by retail; and
(ii) does not require any intervention or attention by, or on behalf of, the provider before consumption; or
(b) a piece of fruit which has not been cut for the purposes of consumption;
S. 3 def. of specialist
e-cigarette retailing premises inserted by No. 55/2016 s. 9(1),
amended by No. 13/2022 s. 60(1).
"specialist e-cigarette retailing premises" means an e-cigarette retailing premises that is certified by the Secretary as a specialist e-cigarette retailing premises under section 15U;
S. 3 def. of specialist tobacconist inserted by No. 49/2009 s. 8(1).
"specialist tobacconist" means a retail outlet that is certified by the Secretary as a specialist tobacconist under section 15U;
S. 3 def. of substantially enclosed inserted by No. 45/2005 s. 3(a).
"substantially enclosed" includes completely enclosed;
S. 3 def. of TAB area inserted by No. 31/2002 s. 4(1), amended by
No. 114/2003 s. 12.1.3(Sch. 6
item 13.1(d)
(i)(ii)),
repealed by No. 45/2005 s. 21(b).
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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;
S. 3 def. of tobacco advertisement amended by No. 43/2000 s. 4(2),
substituted by No. 45/2005 s. 3(f), substituted as tobacco or
e-cigarette advertisement
by
No. 55/2016 s. 9(2)(g).
tobacco or e-cigarette advertisement has the meaning given in section 3B;
S. 3 def. of tobacco company inserted by No. 45/2005 s. 3(a).
"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);
S. 3 def. of tobacco product amended by No. 55/2016 s. 9(2)(h).
"tobacco product" means tobacco, cigarette or cigar or any other product containing tobacco and which is designed for human consumption;
S. 3 def. of tobacco retailing business inserted by No. 43/2000 s. 4(1).
"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;
S. 3 def. of tobacco wholesaling business inserted by No. 43/2000 s. 4(1).
"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;
S. 3 def. of vending machine amended by No. 55/2016 s. 9(2)(i).
"vending machine" means a machine, device or contrivance that is constructed to contain tobacco products or e-cigarette 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;
S. 3 def. of Victorian driver licence inserted by No. 45/2005 s. 3(a).
"Victorian driver licence" means a driver licence issued under the Road Safety Act 1986 ;
S. 3 def. of Victorian proof of age card inserted by No. 45/2005 s. 3(a), amended by Nos 58/2011 s. 104(Sch. item 6), 26/2022 s. 62.
"Victorian proof of age card" means a document issued by the Victorian Liquor Commission under section 176 of the Liquor Control Reform Act 1998 ;
S. 3 def. of Victorian public premises inserted by No. 65/2014 s. 4.
"Victorian public premises" means a building that is occupied on an ongoing basis (either solely or in part) by one or more of the following—
(a) Parliament, but not any electorate office of a member of Parliament;
(b) the Supreme Court;
(c) the County Court;
(d) the Magistrates' Court;
(e) the Children's Court;
(f) the Coroners Court;
(g) a denominational hospital, multi purpose service, privately-operated hospital, public health service, public hospital or registered community health centre (all within the meaning of the Health Services Act 1988 );
(h) a public service body within the meaning of section 4(1) of the Public Administration Act 2004 ;
(i) a special body within the meaning of section 4(1) of the Public Administration Act 2004 ;
S. 3 def. of wall inserted by No. 45/2005 s. 3(a).
"wall" includes any structure or device (whether fixed or movable) that prevents or significantly impedes lateral airflow, including a window or door;
S. 3 def. of wholesale outlet inserted by No. 43/2000 s. 4(1), amended by No. 55/2016 s. 9(2)(j).
"wholesale outlet" means premises where tobacco products or e-cigarette products are available for sale exclusively by wholesale;
S. 3 def. of workplace inserted by No. 45/2005 s. 3(a).
"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.
S. 3A inserted by No. 43/2000
s. 5,
amended by No. 55/2016 s. 9(3)(a).