TOBACCO PRODUCTS CONTROL ACT 2006

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Purposes of Act
 
• 4 Terms used
 
• 5 Application to Crown

PART 2 -- Sale and supply

Division 1 -- Supply to people under  

• 6 Supply etc. to people under 18 prohibited
 
• 7 Purchase on behalf of people under 18 prohibited
 
• 8 Vending machines not to be operated by people under
 
• 9 Indirect sales, proof of age required for
 
• 10 Tobacco products etc. for delivery, markings on
 
• 11 Delivery of tobacco products etc.
 
• 12 Refusal of supply etc. if no proof of age
 
• 13 Defence to s. 6, 7, 8(1) and 9 offences, age of receiver
 
• 14 Defence to s. 6 and 11 offences for Australia Post workers
 
• 15 Proof of age for s. 9, 12 and 13(2)(c), what is

Division 2 -- Sale of tobacco products  

• 16 Retailers of tobacco products to be licensed
 
• 17 Wholesalers of tobacco products to be licensed
 
• 18 Indirect sellers of tobacco products to be licensed
 
• 18A No retail sale by person under 18 years
 
• 19 Tobacco products for sale to be labelled
 
• 20 Only one sale place in each retail premises
 
• 21 No retail sale of cigarettes except in packages of at least 20
 
• 21A No sale of cigarettes in certain packages
 
• 21B No sale of flavoured cigarettes
 
• 22 No display of tobacco products etc. in retail premises
 
• 23 Defence to s. 22(1) offence for specialist retailers
 
• 24 Information about availability etc. of tobacco products etc. in retail premises
 
• 25 Warnings to be displayed at retail premises etc.
 
• 26 Information etc., provision of by CEO and some licensees
 
• 27 Vending machines, where they can be placed
 
• 28 People carrying tobacco products not to sell them
 
• 29 Price discounting not to be advertised
 
• 30 Only tobacco prepared for smoking to be sold etc.

PART 3 -- Advertising and promotion  

• 31 Tobacco advertisements restricted
 
• 32 Exceptions to s.
 
• 33 Prizes etc. connected with sale of tobacco product prohibited
 
• 33A Tobacco products not to be included in loyalty programme
 
• 34 Free samples of tobacco products not to be given etc.
 
• 35 Sponsorships in connection with promoting tobacco products etc. prohibited

PART 4 -- Licensing

Division 1 -- Licensing procedures  

• 36 Types and content of licences
 
• 37 Application for licence
 
• 38 How and when to apply for renewal
 
• 39 Issuing and renewing licences, CEO’s functions
 
• 40 Applicants to be notified of refusal etc.
 
• 41 Conditions and restrictions of general application
 
• 42 Conditions and restrictions of particular application
 
• 43 Duration of licence
 
• 44 Amending licence to apply to different premises
 
• 45 Register of licences

Division 2 -- Powers of courts and State Administrative Tribunal  

• 46 Review by SAT of licensing decisions
 
• 47 Disciplinary action against licence holders by SAT
 
• 48 Courts’ powers on conviction in addition to punishment
 
• 49 Non-compliance with SAT’s order, SAT’s powers as to
 
• 50 Proceedings in court or SAT, general provisions about

Division 3 -- Further obligations of licence holders  

• 51 Breach of condition or restriction
 
• 52 Retailer’s licence to be displayed
 
• 53 Licence to be produced on request by investigator
 
• 54 Lost etc. licences, notice and replacement of
 
• 55 Expired, amended etc. licences to be returned to CEO
 
• 56 Licence details to be shown on invoices etc.
 
• 57 Wholesalers’ duties
 
• 58 Records to be kept by licence holders etc.

PART 5 -- Administration  

• 74 CEO may delegate
 
• 75 CEO may carry out research etc.

PART 6 -- Investigations

Division 1 -- Investigators and investigation purposes  

• 76 Investigators, appointment of
 
• 77 Appointment of restricted investigators
 
• 78 Restricted investigators, powers of
 
• 79 Police have powers of investigator
 
• 80 CEO has powers of investigator
 
• 81 Identity cards for investigators and restricted investigators
 
• 82 Identity card etc. to be shown
 
• 83 Purposes for which investigations may be done

Division 2 -- Obtaining identifying information  

• 84 Investigator may ask for name, address etc.

Division 3 -- Powers in relation to premises  

• 85 Power to enter premises
 
• 86 Residential premises, entry of
 
• 87 Warrants to enter premises
 
• 88 Identification and warrant (if any) to be shown on entry
 
• 89 Investigator’s powers as to premises
 
• 90 Offences
 
• 91 Things in premises, investigator’s duties as to
 
• 92 Access to, and return of, things taken from premises
 
• 93 Use of force by police officers

Division 4 -- Compliance surveys and controlled purchase operations  

• 94 Terms used
 
• 95 Controlled purchase officers, authorisation of etc.
 
• 96 Compliance surveys and controlled purchase operations
 
• 97 Reports about compliance surveys etc., CEO’s duties as to

PART 7 -- Enforcement

Division 1 -- Young persons with tobacco products or smoking implements  

• 98 Terms used
 
• 99 Seizing tobacco products etc. from young persons
 
• 100 Young person found smoking etc. to give information
 
• 101 If young person found smoking etc., parent may be informed and approved guide provided
 
• 102 Powers in s. 84 unavailable for this Division

Division 2 -- Offences  

• 103 False or misleading information given to CEO etc.
 
• 104 False information about tobacco products etc.
 
• 105 Licence holders not to possess certain tobacco products
 
• 106 Products resembling tobacco products etc. not to be sold
 
• 107A No smoking on beaches “between the flags”
 
• 107B No smoking in outdoor eating areas
 
• 107C No smoking near playground equipment
 
• 107D No smoking in or on vehicles if under 17 year old present
 
• 107E Local government legislative power not affected
 
• 107F Protection of employees refusing to work in smoking zone
 
• 107 Obstruction of CEO etc.
 
• 108 Corporations or employers, conduct on behalf of
 
• 109 Liability of officers for offence by body corporate
 
• 110 Liability of employers

Division 3 -- Prosecutions  

• 111 When a prosecution can be commenced
 
• 112 Consent required for certain prosecutions
 
• 113 Evidentiary provisions
 
• 114 Copies etc. of documents, evidentiary status of

Division 4 -- Penalties  

• 115 General penalties
 
• 116 Continuing offences, penalties for

Division 5 -- Seized things and forfeiture  

• 117 Storage of seized things
 
• 118 Storage expenses payable by convicted person
 
• 119 Forfeiture on conviction
 
• 120 Unclaimed seized things, CEO’s powers to deal with

PART 8 -- Miscellaneous  

• 121 Protection from liability for wrongdoing
 
• 123 Certain information not to be disclosed etc.
 
• 124A Alleged offences of smoking near children, police to give CEO information about
 
• 124 Regulations, general powers to make
 
• 125 Regulations about smoking in public places
 
• 127 Review of Act

PART 9 -- Transitional provisions for Tobacco Products Control Amendment Act 2018  

• 128 Restricted investigators
 
• 129 Application of s. 119(1) to certain convictions
Glossary  
• 1 Terms used
  Other notes Defined terms
• GLOSSARY