Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024 (Vic)

Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024

No. 51 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Establishment of Licensing Scheme

4Section 1 substituted

5Definitions

6New section 3G inserted

7Objects of Act

8New Part 3AA inserted

9New section 48 inserted

Part 3—Offences and enforcement

Division 1—Regulator and licensing inspectors

10Definitions

11Section 5R amended

12New Part 3AAB inserted

13Production of identity card

Division 2—Offences, search warrants, infringements and matters for regulations

14Outdoor drinking areas: offence by smoker

15Outdoor drinking areas: offence by occupier

16Outdoor dining areas: offence by occupier

17Section 11A substituted

18Supplying tobacco products or e‑cigarette products to persons under 18 years

19Offence by occupier

20Search warrants

21Announcement before entry

22Details of warrant to be given to occupier

23Seizure of things not mentioned in warrant

24Copies of seized documents

25Retention and return of seized documents or things

26Magistrates' Court may extend 3 month period

27Service of documents

28Section 38 substituted

29New section 39A inserted

30Regulations

31Schedule repealed

Division 3—Licensing offences and inspection and enforcement powers

32Definitions

33Vending machines

34Section 15D repealed

35New Division 1AA inserted in Part 3AA

36Consequential repeal of section 34ZX

37New Divisions 3 to 5 inserted in Part 3AAB

38Power to require names and addresses

39Inspectors' powers

40Announcement before entry

41Offence to intimidate, threaten or assault inspector

42New section 37A inserted

43New section 42C inserted

44Transitional provision—Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024

45Consequential amendment of Drugs, Poisons and Controlled Substances Act 1981

Part 4—Repeal of e‑cigarette and specialist tobacconist provisions

46Definitions

47Vending machines

48Section 3B amended

49Part 2 heading amended

50Certain advertising prohibited

51Section 6A amended

52Section 6B repealed

53Competitions, rewards and shopper loyalty schemes

54Free samples

55Prohibition of certain sponsorships

56Section 12 amended

57Vending machines

58Section 13A amended

59Prohibition of retailing at premises where offences have been committed

60Section 15I amended

61Section 15J amended

62Division 4 of Part 2 heading amended

63Section 15L amended

64Section 15M amended

65Secretary may recommend ban order

66Offence to breach a ban order

67Part 2A repealed

68Entry of premises open to the public

69Power to require names of persons supplied with tobacco

Part 5—Consequential amendments

70Amendment of Confiscation Act 1997

71Amendment of Drugs, Poisons and Controlled Substances Act 1981

72Amendment of Spent Convictions Act 2021

Part 6—Repeal of this Act

73Repeal of this Act

═════════════

Endnotes

1      General information

Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024

No. 51 of 2024

[Assented to 3 December 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Tobacco Act 1987—

(i)to establish a licensing scheme for tobacco retailers and wholesalers; and

(ii)to repeal provisions relating to e‑cigarettes and specialist tobacconists; and

(iii)to provide for forfeiture of prohibited products; and

(b)to make consequential amendments to the Confiscation Act 1997, the Drugs, Poisons and Controlled Substances Act 1981 and the Spent Convictions Act 2021.

2Commencement

(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act (other than Division 3 of Part 3) does not come into operation before 1 July 2025, it comes into operation on that day.

(3)If Division 3 of Part 3 does not come into operation before 1 July 2026, it comes into operation on that day.

3Principal Act

In this Act, the Tobacco Act 1987 is called the Principal Act.

PART 2—ESTABLISHMENT OF LICENSING SCHEME

4Section 1 substituted

For section 1 of the Principal Act substitute—

"1   Purposes

The purposes of this Act are—

(a)to prohibit certain sales or promotion of tobacco products and certain non‑tobacco products; and

(b)to establish a licensing scheme to regulate the lawful supply of tobacco products; and

(c)to create offences in relation to smoking, possession of tobacco products and licensing; and

(d)to establish the Victorian Health Promotion Foundation.".

5Definitions

In section 3 of the Principal Act insert the following definitions—

"associate has the meaning given by section 3G;

corresponding law means—

(a)a law of another jurisdiction (whether in Australia or elsewhere) corresponding, or substantially corresponding, to this Act; or

(b)a law of another jurisdiction that is prescribed to be a corresponding law, whether or not the law corresponds, or substantially corresponds to this Act;

Councilhas the same meaning as in the Local Government Act 2020;

criminal history check means a check of the criminal history of a person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;

director of a body corporate includes—

(a)a person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b)a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act;

disqualified person means a person disqualified under section 34ZU or 34ZY(c) from holding a licence;

illicit tobacco means—

(a)a tobacco product that does not comply with a tobacco product requirement of Part 3.3 of the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; or

(b)a tobacco product in packaging that does not comply with a packaging requirement of Part 3.4 of the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; or

(c)a tobacco product that does not comply with a requirement of a law of the Commonwealth prescribed by the regulations;

licence means a licence to sell tobacco products in Victoria;

licence application means an application under section 34A for a licence;

licensed tobacco premises means premises in respect of which a licence is issued;

licenseemeans a person who holds a licence;

municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;

protected information means any information, document or thing the production or inspection of which—

(a)is likely to reveal the identity of a person who provided any information that is relevant to a decision of the Chief Commissioner of Police to—

(i)object to the grant or transfer of a licence; or

(ii)apply for the variation, suspension or cancellation of a licence; or

(iii)make representations under Part 3AA; or

(b)is likely to reveal the identity of a person whose name appears in any evidence given or information provided to a police officer in the course of any investigation; or

(c)is likely to reveal the identity of a person who is or has been the subject of an investigation conducted by a police officer; or

(d)is likely to jeopardise the safety of a person or police officer referred to in paragraph (a), (b) or (c); or

(e)is likely to reveal an investigation method, intelligence gathering method, investigative technique or technology or covert practice used by police officers; or

(f)is likely to put at risk any investigation by a police officer; or

(g)may prejudice any investigation or criminal proceeding; or

(h)is otherwise not in the public interest;

Regulator means the Department Head (within the meaning of the Public Administration Act 2004) of the Department administered by the Minister administering Part 3AA;

relocation application means an application under section 34H to relocate licensed tobacco premises to another premises;

renewal application means an application under section 34ZS to renew a licence;

representations includes any information the person making the representations considers may be relevant for the Regulator to make a decision on the matter in relation to which the representations are made;

reviewable decision means a decision made by the Regulator to—

(a)refuse a licence application under section 34W; or

(b)refuse a renewal application under section 34W; or

(c)impose a condition on a licence under section 34ZD; or

(d)vary a licence under section 34C or 34E; or

(e)suspend or cancel a licence under section 34N, 34O or 34Q; or

(f)suspend a licence under section 34R; or

(g)disqualify a person from holding a licence under section 34ZU; or

(h)refuse under section 34E to grant an application made under section 34B(1)(b); or

(i)refuse to grant a variation application under section 34W; or

(j)refuse to grant a relocation application under section 34W; or

(k)refuse to grant a transfer application under section 34W; or

(l)refuse an application to suspend or cancel a licence under section 34M;

show cause notice means a notice given by the Regulator under section 34P;

special counsel means a person appointed under section 34ZO;

suitability offence means any of the following offences—

(a)an offence of selling tobacco products without a licence (whether in Victoria or elsewhere);

(b)any other offence against this Act or the regulations;

(c)an indictable offence relating to fraud, dishonesty, or tax or customs evasion (whether in Victoria or elsewhere);

(d)an offence under the Therapeutic Goods Act 1989 of the Commonwealth relating to vaping goods or vaping devices;

(e)an offence against a corresponding law;

tobacco supply business means—

(a)a tobacco retailing business; or

(b)a tobacco wholesaling business; or

(c)any other business that involves the sale or supply of tobacco, including any such business carried on as part of, or in conjunction with, any other business;

transfer application means an application under section 34I to transfer a licence;

variation application means an application under section 34B(1)(a) or (c) to vary a licence;".

6New section 3G inserted

After section 3F of the Principal Act insert—

"3G   Who is an associate?

(1) In this Act, an associate of a person (primary person) who is an applicant for a licence, a licensee or a proposed transferee of a licence is—

(a)a person who—

(i)has or will have a relevant financial interest, or is or will be entitled to exercise a relevant power (whether in right of the person or on behalf of any other person) in the tobacco supply business carried on, or proposed to be carried on, under the licence; and

(ii)by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management of that business; or

(b)a person who holds or will hold any relevant position (whether in right of the person or on behalf of another person) in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

(c)if the primary person is a body corporate, a relative of any director of the primary person, other than a relative—

(i)who is not, and has never been, involved in a tobacco supply business of the primary person; or

(ii)who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

(d)if the primary person is a natural person who holds or will hold the licence on the primary person's own account, a relative of the primary person, other than a relative—

(i)who is not, and has never been, involved in a tobacco supply business of the primary person; or

(ii)who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

(e)if the primary person is a natural person who holds or will hold the licence on behalf of a partnership, a relative of any partner in the partnership, other than a relative—

(i)who is not, and has never been, involved in a tobacco supply business of the partnership; or

(ii)who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

(f)a person who is prescribed as an associate of the primary person.

(2)In this section—

domestic partner, in relation to a person, means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married, but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

relative, in relation to a person, means any of the following—

(a)the spouse or domestic partner of the person;

(b)a parent, child, step child, adopted child, sibling or step sibling of the person;

(c)a parent, child, step child, adopted child, sibling or step sibling of the spouse or domestic partner of the person;

relevant financial interest, in relation to a tobacco supply business, means—

(a)a share in the capital of the business; or

(b)an entitlement to receive any income derived from the business; or

(c)an entitlement to receive a payment as a result of money advanced;

relevant position, in relation to a tobacco supply business, means the position (however described) of—

(a)director, partner, trustee, manager or other executive position; or

(b)secretary;

relevant power means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)to participate in a directorial, managerial or executive decision; or

(b)to elect or appoint a person as a director;

spouse of a person means a person to whom the person is married.

(3)For the purposes of the definition of domestic partner in subsection (2)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co‑tenants.".

7Objects of Act

In section 5 of the Principal Act—

(a)in subsection (1)(b), for "prevention." substitute "prevention; and";

(b)after subsection (1)(b) insert—

"(c)in relation to the licensing scheme for tobacco retailers and wholesalers—

(i)the safeguarding of the suitability of licensed retailers and wholesalers of tobacco products; and

(ii)the promotion and enforcement of compliance with controls on the lawful sale and promotion of tobacco products; and

(iii)the upholding of the integrity of the licensing scheme by deterring unlawful conduct.";

(c)in subsection (2), for "of this Act" substitute "referred to in subsection (1)(a) and (b)".

8New Part 3AA inserted

After Part 3 of the Principal Act insert—

'PART 3AA—LICENSING OF TOBACCO RETAILERS AND WHOLESALERS

Division 1—Application for licence

34Who can apply for a licence?

(1)The following persons may apply to the Regulator for a licence—

(a)a natural person of or over the age of 18 years—

(i)on the person's own behalf; or

(ii)on behalf of a partnership in which the person is a partner;

(b)a body corporate.

(2)Despite subsection (1)—

(a)a natural person cannot apply for a licence if the natural person or, if the natural person is applying on behalf of a partnership, any partner in the partnership, is a disqualified person; and

(b)a body corporate cannot apply for a licence if the body corporate or any director of the body corporate is a disqualified person.

34AForm and content of licence application

(1)A licence application must—

(a)be in a form approved by the Regulator; and

(b)list the names, addresses and dates of birth (if applicable) of—

(i)the applicant; and

(ii)the associates of the applicant; and

(c)specify, as the proposed licensed tobacco premises, premises that are a permanent structure located in Victoria; and

(d)include or be accompanied by any prescribed information; and

(e)be accompanied by the prescribed fee.

(2)The Regulator may request the applicant to provide any other document or information that the Regulator considers appropriate in relation to—

(a)assessing the suitability of the applicant to hold a licence; or

(b)verifying any information included with or accompanying the licence application, including by way of statutory declaration.

(3)Without limiting the document or information the Regulator may request under subsection (2), the Regulator may request the applicant to provide a criminal history check in respect of the applicant or any associate of the applicant.

(4)If the applicant does not comply with a request under subsection (2)—

(a)the application is taken to be withdrawn on the day after the last day for compliance with the request; and

(b)any fee paid by the applicant is forfeited.

(5)A licence application may specify only one proposed licensed tobacco premises, but a person may lodge 2 or more licence applications concurrently.

(6)If a person lodges 2 or more licence applications concurrently, the Regulator may waive any one or more of the requirements of this Act or the regulations in relation to any of those applications so as to avoid duplication.

Division 2—Variation of licence

34BApplication for variation of licence

(1)The following persons may apply to the Regulator for the variation of a licence—

(a)the licensee;

(b)the Chief Commissioner of Police;

(c)the licensee and a proposed transferee of the licence jointly.

(2)An application under subsection (1) may seek one or more of the following—

(a)a variation of the category of licence;

(b)a variation of a condition of the licence (other than a condition imposed by this Act or a prescribed condition);

(c)the imposition of a new condition on a licence;

(d)the removal of a condition of the licence (other than a condition imposed by this Act or a prescribed condition).

(3)An application under subsection (1) must—

(a)be in a form approved by the Regulator; and

(b)include or be accompanied by any prescribed information; and

(c)except in the case of an application by the Chief Commissioner of Police, be accompanied by the prescribed fee.

(4)The Regulator may request the applicant to provide any other document or information that the Regulator reasonably requires to assess the application.

(5)If the applicant does not comply with a request under subsection (4)—

(a)the application is taken to have been withdrawn on the day after the last day for compliance with the request; and

(b)any fee paid by the applicant is forfeited.

34CVariation of licence by Regulator

(1)The Regulator, at the Regulator's own initiative, may vary a licence in accordance with this section.

(2)If the Regulator proposes to vary a licence under this section, the Regulator must give the licensee written notice of the proposed variation.

(3)The licensee may object to the proposed variation by giving a written notice of objection to the Regulator within 21 days after receiving a notice under subsection (2).

(4)If, after considering any objection made by the licensee under subsection (3), the Regulator is satisfied that the licence should be varied, the Regulator may vary the licence—

(a)as originally proposed; or

(b)as otherwise considered appropriate.

(5)If the Regulator decides not to vary the licence under this section, the Regulator must give written notice to the licensee as soon as practicable.

34DVariation of licence by Regulator following show cause process

(1)The Regulator may vary a licence as the Regulator considers appropriate if—

(a)the Regulator has given the licensee a show cause notice; and

(b)after considering any representations made by the licensee under section 34P(4), the Regulator decides that suspension or cancellation of the licence is not warranted, but that the licence should be varied instead.

(2)Section 34C does not apply to the Regulator in varying a licence under this section.

34E Procedure on application for variation by Chief Commissioner of Police

(1)If the Chief Commissioner of Police applies to the Regulator under section 34B(1)(b) for the variation of a licence—

(a)the Regulator must give a copy of the application to the licensee within 14 days after receiving the application; and

(b)the licensee may object to the application within 21 days after receiving the copy of the application by giving written notice to the Regulator of the objection and the reasons for objecting.

(2)The Regulator must give a copy of an objection received under subsection (1)(b) to the Chief Commissioner of Police within 7 days after receiving the objection.

(3)If, after considering any objection made by the licensee under subsection (1)(b), the Regulator is satisfied the licence should be varied as proposed, the Regulator may grant the application and vary the licence.

(4)If, after considering any objection made by the licensee under subsection (1)(b), the Regulator is not satisfied that the licence should be varied as proposed, the Regulator may—

(a)refuse to grant the application; or

(b)vary the licence as otherwise considered appropriate.

(5)If the Regulator refuses to grant the application, the Regulator must give written notice of the refusal to—

(a)the Chief Commissioner of Police; and

(b)the licensee.

34F Variation to correct mistakes

The Regulator, at the Regulator's own initiative, may vary a licence to correct—

(a)a clerical mistake; or

(b)an error arising from an accidental slip or omission; or

(c)a material miscalculation of figures or a material mistake made in the description of any person, thing, or matter referred to in the licence; or

(d)a defect of form.

34GNotice of variation of licence

(1)As soon as practicable after varying a licence under section 34C, 34D, 34E or 34F, the Regulator must give written notice of the variation to—

(a)the licensee; and

(b)the Chief Commissioner of Police; and

(c)the Council in whose municipal district the licensed tobacco premises are situated.

(2)A notice under subsection (1) must specify the date on which the variation takes effect.

Division 3—Relocation and transfer of licence

34HApplication for relocation of licence

(1)A licensee may apply to the Regulator to relocate the licensed tobacco premises to another premises.

(2)A relocation application must—

(a)be in a form approved by the Regulator; and

(b)specify, as the new proposed licensed tobacco premises, premises that are a permanent structure located in Victoria; and

(c)include or be accompanied by any prescribed information; and

(d)be accompanied by the prescribed fee.

(3)The Regulator may request the applicant to provide any other document or information that the Regulator considers appropriate in relation to assessing the relocation application, which may include an assessment of the suitability of the applicant to continue to hold a licence.

(4)Without limiting the document or information the Regulator may request under subsection (3), the Regulator may request the applicant to—

(a)provide a criminal history check of the applicant or any associate of the applicant (or, if a criminal history check has already been provided, an updated criminal history check); and

(b)verify any information included with or accompanying the application, or otherwise provided to the Regulator as required under this Act, including by way of statutory declaration.

(5)If the applicant does not comply with a request under subsection (3)—

(a)the application is taken to have been withdrawn on the day after the last day for compliance with the request; and

(b)any fee paid by the applicant is forfeited.

34IApplication for transfer of licence

(1)A licensee and a person eligible to apply for a licence under section 34 (proposed transferee) may jointly apply to the Regulator to transfer the licensee's licence to the proposed transferee.

(2)A transfer application must—

(a)be in a form approved by the Regulator; and

(b)list the names, addresses and dates of birth (if applicable) of—

(i)the proposed transferee; and

(ii)the associates of the proposed transferee; and

(c)include or be accompanied by any prescribed information; and

(d)be accompanied by the prescribed fee.

(3)The Regulator may request the licensee or the proposed transferee to provide any other document or information that the Regulator considers appropriate in relation to assessing the transfer application.

(4)Without limiting the document or information the Regulator may request under subsection (3), the Regulator may request the applicant to—

(a)provide a criminal history check of the proposed transferee or any associate of the proposed transferee; and

(b)verify any information included with or accompanying the application, including by way of statutory declaration.

(5)If the licensee or proposed transferee does not comply with a request under subsection (3)—

(a)the application is taken to have been withdrawn on the day after the last day for compliance with the request; and

(b)any fee paid by the applicant is forfeited.

34JNotification of relocation or transfer

As soon as practicable after a relocation application or transfer application is granted, the Regulator must give written notice of the relocation or transfer to—

(a)the applicant; and

(b)the Chief Commissioner of Police; and

(c)the Council in whose municipal district the licensed tobacco premises, or in the case of a relocation, the new licensed tobacco premises, are situated.

34KEffect of relocation or transfer of licence

(1)If the Regulator grants a relocation application, the licence has effect as if the licence had been issued in respect of the premises to which it is relocated.

(2)If the Regulator grants a transfer application, the transferee is substituted as licensee of the licence from the date specified under subsection (3)—

(a)for the residue of the term for which the licence was issued to the transferor; or

(b)if the transfer takes place after an application for renewal of the licence has been made and before the date of operation of that renewal—for the period for which the licence is to be renewed.

(3)The relocation or transfer of a licence has effect from—

(a)the date that notice of the relocation or transfer is given to the licensee; or

(b)any later date specified in the notice of relocation or transfer.

Division 4—Suspension and cancellation of licence

34L Application for suspension or cancellation of licence

(1)The following persons may apply to the Regulator for the suspension or cancellation of a licence—

(a)the licensee;

(b)the Chief Commissioner of Police;

(c)an owner of licensed tobacco premises who is in lawful possession of the premises;

(d)a mortgagee of licensed tobacco premises who is in lawful possession of the premises.

(2)An owner or a mortgagee of licensed tobacco premises may only make an application under subsection (1)(c) or (d) on one or more of the following grounds—

(a)the licensee has been legally evicted from the licensed tobacco premises;

(b)the licensee has abandoned the licensed tobacco premises;

(c)the licensee's lease, sublease, tenancy or other right to occupy the licensed tobacco premises has been lawfully terminated.

(3)An application under subsection (1) must—

(a)be in the form approved by the Regulator; and

(b)include or be accompanied by any prescribed information; and

(c)in the case of an application under subsection (1)(c) or (d), specify the grounds on which the application is made; and

(d)except in the case of an application by the Chief Commissioner of Police, be accompanied by the prescribed fee.

(4)The Regulator may request the applicant to provide any other document or information that the Regulator reasonably requires to assess the application.

(5)If the applicant does not comply with a request under subsection (4)—

(a)the application is taken to have been withdrawn on the day after the last day for compliance with the request; and

(b)any application fee paid is forfeited.

34MProcedure on application by licensee for suspension or cancellation of licence

(1)If the Regulator grants an application by a licensee under section 34L(1)(a)—

(a)the licensee and the Regulator must enter into a written agreement outlining the terms of the suspension or cancellation; and

(b)the licence is suspended or cancelled on the terms outlined in the agreement.

(2)If, in the case of an application for suspension of a licence under section 34L(1)(a), the Regulator is not satisfied that, in the circumstances, suspension of the licence is adequate for the purposes of ensuring the licensee's ongoing compliance with this Act or the regulations, the Regulator may refuse to grant the application and may give the licensee a show cause notice proposing to cancel the licence in accordance with section 34P.

34N Procedure on application by Chief Commissioner of Police for suspension or cancellation of licence

(1)If the Chief Commissioner of Police applies to the Regulator under section 34L(1)(b) for the suspension or cancellation of a licence—

(a)the Regulator must give a copy of the application to the licensee within 14 days after receiving the application; and

(b)the licensee may, within 28 days after receiving the copy of the application, object to the application by giving written notice to the Regulator of the objection and the reasons for objecting.

(2)The Regulator must give a copy of an objection under subsection (1)(b) to the Chief Commissioner of Police within 7 days after receiving the objection.

(3)If, after considering any objection made by the licensee under subsection (1)(b) the Regulator is satisfied that—

(a)one or more of the grounds specified in section 34P(1) exists in relation to the licensee or the licence; and

(b)a suspension or cancellation of the licence is warranted—

the Regulator may grant the application and suspend or cancel the licence accordingly.

(4)As soon as practicable after an application referred to in subsection (1) is granted, the Regulator must give written notice of the suspension or cancellation to—

(a)the Chief Commissioner of Police; and

(b)the licensee; and

(c)the Council in whose municipal district the licensed tobacco premises are situated.

(5)A notice under subsection (4) must specify—

(a)that the Regulator has decided to suspend or cancel the licence; and

(b)the date that the suspension or cancellation takes effect; and

(c)if the Regulator has decided to suspend the licence, the period of suspension of the licence; and

(d)the way in which the licensee may seek a review of the Regulator's decision to suspend or cancel the licence.

(6)If the Regulator is not satisfied of the matters required by subsection (3), the Regulator must—

(a)refuse to grant the application; and

(b)give written notice of the Regulator's refusal to—

(i)the Chief Commissioner of Police; and

(ii)the licensee.

34O Procedure on application by owner or mortgagee of licensed tobacco premises for suspension or cancellation of licence

(1)This section applies to an application for suspension or cancellation of a licence made by an owner or mortgagee of licensed tobacco premises under section 34L(1)(c) or (d).

(2)The Regulator must give a copy of the application to—

(a)the licensee; and

(b)any other person that the Regulator considers would suffer material detriment as a result of the suspension or cancellation of the licence.

(3)A person who has received a copy of an application under subsection (2) may, within 14 days after receiving the application, object to the application by giving written notice to the Regulator of the objection and the reasons for objecting.

(4)If the Regulator does not receive any objection under subsection (3), the Regulator must grant the application and suspend or cancel the licence.

(5)The Regulator must consider any objection received under subsection (3) and—

(a)if the Regulator considers that the suspension or cancellation of the licence is warranted, suspend or cancel the licence; or

(b)if the Regulator considers that suspension or cancellation of the licence is not warranted, refuse to suspend or cancel the licence.

(6)The Regulator must give written notice of the Regulator's decision whether or not to suspend or cancel the licence under this section to—

(a)the applicant; and

(b)the licensee and any other person to whom the Regulator gave a copy of the application under subsection (2); and

(c)the Chief Commissioner of Police; and

(d)the Council in whose municipal district the licensed tobacco premises is situated.

34PSuspension or cancellation of licence by Regulator—show cause notice

(1)If the Regulator forms the reasonable belief that any of the following grounds exist, the Regulator may give the licensee a notice in accordance with subsections (2) and (3) proposing the suspension or cancellation of the licence—

(a)the licensee, or any associate of the licensee, is no longer a suitable person to carry on or be associated with a tobacco supply business under the licence;

Note

See section 34Z in relation to suitability.

(b)the licence was issued or transferred to the licensee or renewed on the basis of information that was false or misleading in a material particular;

(c)the licensee has breached a condition of the licence.

(2)A show cause notice must be in writing and include the following information—

(a)that the Regulator proposes to suspend or cancel the licence;

(b)the ground or grounds for suspending or cancelling the licence;

(c)an outline of the facts and circumstances forming the basis of the Regulator's belief that the ground or grounds exist;

(d)if the Regulator proposes to suspend the licence, the proposed period of suspension of the licence;

(e)an invitation to the licensee to show cause, within the period specified in the show cause notice, why the licence should not be suspended or cancelled.

Note

If the Regulator issues a show cause notice proposing the cancellation of a licence, the Regulator may also issue a notice under section 34ZT proposing to disqualify the licensee from holding a licence.

(3)For the purposes of subsection (2)(e), the period specified in the show cause notice must not be less than 28 days after the day the show cause notice is given to the licensee.

(4)A licensee who receives a show cause notice may make written representations to the Regulator in the period specified in the show cause notice specifying why the licence should not be suspended or cancelled.

34QDecision following show cause notice

(1)If, after considering any representations made by the licensee under section 34P(4), the Regulator is satisfied that—

(a)a ground specified in section 34P(1) exists to suspend or cancel the licence; and

(b)a suspension or cancellation of the licence is warranted—

the Regulator may suspend or cancel the licence.

(2)If the proposed action in the show cause notice is the cancellation of the licence, the Regulator may decide not to cancel the licence but may instead decide to suspend the licence.

Note

The Regulator may decide to vary a licence under section 34D as an alternative to suspending or cancelling the licence.

(3)The Regulator must give notice of a decision to suspend or cancel a licence under this section to—

(a)the licensee; and

(b)the Chief Commissioner of Police; and

(c)the Council in whose municipal district the licensed tobacco premises are situated.

(4)A notice under subsection (3) must specify—

(a)that the Regulator has decided to suspend or cancel the licence; and

(b)the date that the suspension or cancellation takes effect; and

(c)if the Regulator has decided to suspend the licence, the period of suspension of the licence; and

(d)the way in which the licensee may seek a review of the Regulator's decision to suspend or cancel the licence.

(5)If the Regulator is not satisfied of the matters required by subsection (1), the Regulator must give written notice to the licensee as

soon as practicable stating that the licence will not be suspended or cancelled.

Note

Divisions 8 and 9 apply to a decision of the Regulator to suspend or cancel a licence.

34RImmediate suspension of licence—illicit tobacco offence

(1)The Regulator may suspend a licence with immediate effect for a period of up to 90 days by giving written notice to the licensee if the Regulator believes on reasonable grounds that—

(a)the licensee has committed an offence against section 11A(2) or (4) (illicit tobacco offence); and

(b)the licensee may continue to possess or supply illicit tobacco in or from the licensed tobacco premises.

(2)The Regulator may suspend a licence under this section whether or not—

(a)the licensee has been charged with an illicit tobacco offence; or

(b)proceedings have been initiated against the licensee in respect of an illicit tobacco offence; or

(c)the licensee has been convicted of an illicit tobacco offence.

Note

A decision to suspend a licence under this section is a reviewable decision under Division 8.

(3)To assist the Regulator to determine whether to suspend a licence under this section —

(a)the Regulator may invite the Chief Commissioner of Police to make representations in relation to the proposed suspension; and

(b)the Chief Commissioner of Police may make representations in relation to the proposed suspension.

Note

See section 34ZA in relation to protected information.

(4)If the Regulator suspends a licence under this section, during the period of suspension the Regulator may—

(a)cancel or revoke the suspension at any time by giving notice in writing to the licensee; or

(b)give the licensee a show cause notice under section 34P proposing the further suspension or the cancellation of the licence.

(5)The Regulator must give written notice of a suspension under this section to—

(a)the Chief Commissioner of Police; and

(b)the Council in whose municipal district the licensed tobacco premises is situated.

34SRegulator may suspend licence in certain circumstances

Despite any provision in this Act, if the Regulator—

(a)receives a variation application; and

(b)is not satisfied that, in the circumstances, variation of the licence is adequate for the purposes of ensuring the licensee's ongoing compliance with this Act or the regulations—

the Regulator may give the licensee a show cause notice under section 34P proposing to suspend the licence.

Division 5—Objections and representations by Chief Commissioner of Police

34TRegulator must give copy of licence and transfer applications to Chief Commissioner of Police

(1)Subject to subsection (2), as soon as practicable after receiving a licence application or transfer application, the Regulator must give a copy of the application to the Chief Commissioner of Police.

(2)The Chief Commissioner of Police may give written directions to the Regulator regarding the provision of applications under subsection (1), including exempting the Regulator from providing certain applications.

34UChief Commissioner of Police may object to or make representations about licence or transfer applications

(1)The Chief Commissioner of Police may object to a licence application or transfer application on any grounds the Chief Commissioner of Police thinks fit.

(2)Without limiting subsection (1), the Chief Commissioner of Police may object to—

(a)a licence application on the ground that the applicant or an associate of the applicant is not a suitable person to carry on or be associated with a tobacco supply business under a licence; or

(b)a transfer application on the grounds that the proposed transferee or an associate of the proposed transferee is not a suitable person to carry on or be associated with a tobacco supply business under the licence.

(3)An objection under subsection (1) or (2) must—

(a)be made to the Regulator in writing within 21 days after receiving the copy of the application; and

(b)state the reasons applying to each ground of the objection.

Note

The Chief Commissioner of Police is not required to disclose protected information to the Regulator—see section 34ZA(2).

(4)Within 21 days after receiving the copy of the application, the Chief Commissioner of Police may make written representations to the Regulator in addition to or instead of objecting to the application.

34VChief Commissioner of Police may make representations about other applications

(1)The Regulator may give a copy of any of the following applications to the Chief Commissioner of Police—

(a)a suspension application or cancellation application under section 34L(1) (other than an application made by the Chief Commissioner of Police);

(b)a relocation application;

(c)a variation application.

(2)The Chief Commissioner of Police may make written representations to the Regulator in relation to an application referred to in subsection (1) within 21 days after receiving the copy of the application.

Division 6—Determination of applications and suitability matters

34WDetermination of application

(1)Subject to subsection (2), the Regulator must determine the following applications by deciding to grant or refuse the application—

(a)a licence application;

(b)a relocation application;

(c)a transfer application;

(d)a variation application;

(e)a renewal application.

(2)The Regulator must grant or refuse an application referred to in subsection (1)—

(a)after the expiry of the period for objections or representations by the Chief Commissioner of Police (if applicable to that application); and

(b)if an objection is made by the Chief Commissioner of Police, after the applicant has been given a reasonable opportunity to make representations in relation to the objection.

Note

Section 34ZA(4) prevents the Regulator from disclosing to the licensee an objection made by the Chief Commissioner of Police if the objection contains protected information.

(3)Before granting or refusing an application under subsection (1), the Regulator—

(a)may conduct any inquiries the Regulator considers appropriate; and

(b)may have regard to any matter the Regulator considers relevant; and

(c)must consider any objections or representations made by the Chief Commissioner of Police; and

(d)must consider any representations made by the applicant in response to any objections referred to in paragraph (c).

(4)If the Regulator decides to grant a licence application, the Regulator must issue a licence to the applicant.

(5)If the Regulator decides to grant a renewal application the Regulator must renew the licence for a further financial year.

(6)Without limiting subsection (3)(a), the Regulator may conduct inquiries with government agencies in Victoria or in other Australian jurisdictions in relation to the criminal history of—

(a)the applicant; and

(b)any associates of the applicant.

34XRegulator may refuse to grant application

(1)The Regulator may refuse to grant a licence application or a transfer application if—

(a)in the case of a licence application—

(i)the Regulator considers that the applicant or any associate of the applicant is not a suitable person to hold or carry on or be associated with a tobacco supply business under a licence; or

(ii)at the time of making the application, any associate of the applicant is a disqualified person; or

(b)in the case of a transfer application—

(i)the Regulator considers that the proposed transferee or any associate of the proposed transferee is not a suitable person to hold or carry on or be associated with a tobacco business under the licence; or

(ii)at the time of making the application, any associate of the proposed transferee is a disqualified person.

(2)In addition to subsection (1), and without limiting the grounds on which the Regulator may refuse to grant any application referred to in section 34W(1), the Regulator may refuse to grant an application if—

(a)the Regulator considers that the granting of the application would be conducive to, or encourage, contraventions of this Act or the regulations; or

(b)the application has not been made in accordance with this Act or the regulations.

34YNotice of decision

(1)The Regulator must give written notice of a decision of the Regulator on an application referred to in section 34W(1) to—

(a)the applicant; and

(b)if the Chief Commissioner has made an objection or representation in relation to the application, the Chief Commissioner; and

(c)in relation to a decision on a licence application, the Council in whose municipal district the licensed tobacco premises is situated.

(2)A notice under subsection (1) must be given as soon as practicable after the Regulator makes the decision.

(3)Subsection (1) does not apply if the Regulator has already given notice of the decision in accordance with a requirement under another provision of this Act.

34ZSuitability matters

(1)Without limiting the reasons that the Regulator may consider that a person is not a suitable person to carry on or be associated with a tobacco supply business under a licence, a person is not a suitable person to carry on or be associated with a tobacco supply business under a licence if the person has been found guilty of any of the following offences within the preceding 5 years—

(a)a suitability offence;

(b)an indictable offence (other than an indictable offence that is a suitability offence) that in the Regulator's opinion is linked to or tends to be linked to unlawful tobacco activity or organised crime activity.

(2)The Regulator may take into account any spent conviction in relation to an offence referred to in subsection (1) disclosed to the Regulator under the Spent Convictions Act 2021 that is recorded not more than 5 years before the date that the Regulator requested the information from the law enforcement agency.

(3)In this section—

law enforcement agency has the same meaning as in section 3 of the Spent Convictions Act 2021;

spent conviction has the same meaning as in section 3 of the Spent Convictions Act 2021.

34ZAProcedure for applications or decisions based on protected information

(1)This section applies if the Chief Commissioner of Police—

(a)under Division 5, objects to or makes representations in relation to an application; or

(b)applies to the Regulator under section 34B(1)(b) for the variation of a licence; or

(c)applies to the Regulator under section 34L(1)(b) for the suspension or cancellation of a licence; or

(d)makes representations to the Regulator under section 34R(3)(b).

(2)If the Chief Commissioner of Police in making the objection, representations or application relies partly or wholly on protected information, the Chief Commissioner of Police may decide—

(a)to include the protected information in the objection, representations or application and specify that the information is protected information; or

(b)not to include the protected information in the objection, representations or application and specify that—

(i)some or all of the decision to make the objection, representations or application is based on protected information; and

(ii)to the extent that the objection, representations or application is based on protected information, reasons will not be given to the Regulator.

(3)If the Regulator makes a decision regarding an application referred to in subsection (1) based on protected information received from the Chief Commissioner of Police and provides reasons for that decision to the applicant (including a statement of reasons under Division 7), the Regulator—

(a)must not disclose any protected information received from the Chief Commissioner of Police in relation to the application; and

(b)must specify that the Regulator's decision is based on advice from the Chief Commissioner of Police.

(4)Subsection (5) applies if the Chief Commissioner of Police—

(a)objects to or makes representations under Division 5 in relation to an application, or makes an application specified in subsection (1)(b) or (c) to the Regulator; and

(b)the objection, representations or application is or are based on or contains protected information.

(5)In the circumstances set out in subsection (4)—

(a)any requirement of this Act requiring the Regulator to provide a copy of the application, objection or representations to the licensee does not apply (whether or not the Chief Commissioner of Police has disclosed the protected information to the Regulator); and

(b)the Regulator must notify the licensee that the Chief Commissioner of Police has made an application, objection or representations (as the case may be) and that the application, objection or representations will not be provided to the licensee; and

(c)if the licensee is entitled to object, make submissions or representations in relation to a matter to which subsection (4) applies, the Regulator may invite the licensee to make submissions or representations in relation to the suitability of the licensee or any associate of the licensee to carry on or be associated with a tobacco supply business under the licence.

34ZBRegulator may permit amendments and disregard errors

In deciding whether to grant or refuse an application referred to in section 34W(1), the Regulator may—

(a)permit the applicant to amend the application, or any information given to the Regulator in connection with the application; and

(b)disregard any omission, error, defect or insufficiency in—

(i)the application; or

(ii)any information given to the Regulator in connection with the application.

34ZC Form, categories and duration of licence

(1)A licence is to be in the form approved by the Regulator.

(2)On issuing a licence under section 34W(4), the Regulator must specify—

(a)the date on which the licence takes effect; and

(b)the category or categories of licence issued to the licensee; and

(c)any conditions imposed on the licence under section 34ZD.

(3)The categories of licence are the categories prescribed by the regulations.

(4)Subject to this Act, a licence takes effect on the date specified by the Regulator, and continues in force until the end of the financial year in which it is issued.

34ZD Licence conditions

(1)On granting an application specified in subsection (2), the Regulator may impose on the licence—

(a)general conditions that apply to the category of licence issued to or held by the licensee; and

(b)specific conditions applying to the licence.

(2)Subsection (1) applies to the following applications—

(a)a licence application;

(b)a transfer application;

(c)a relocation application;

(d)a variation application.

(3)Without limiting subsection (1), the Regulator may impose a condition requiring the licensee to report to the Regulator any activity conducted under the licence.

(4)A licence is also subject to any conditions prescribed by the regulations.

34ZESeveral liability

(1)If a licence is issued or transferred to 2 or more persons, each of those persons is severally liable under this Act as licensee.

(2)If a licence is issued or transferred to a body corporate, the body corporate and each of the directors of the body corporate is severally liable under this Act as licensee.

(3)If a licence is issued or transferred to a person on behalf of a partnership, each partner is severally liable under this Act as licensee.

34ZFRegulator to endorse changes to licences

The Regulator must endorse changes to a licence as a result of—

(a)a variation application; or

(b)varying a licence under section 34C, 34D, 34E or 34F; or

(c)a transfer application; or

(d)a relocation application.

Division 7—Statements of reasons

34ZGRequest for statement of reasons for decision

(1)A person whose interests are affected by a reviewable decision may request the Regulator to give the person a written statement of reasons for the decision.

(2)A request under subsection (1) must be made in writing within 28 days after the day on which the person receives notice of the decision.

34ZHChief Commissioner of Police may request statement of reasons

(1)The Chief Commissioner of Police may request the Regulator to give the Chief Commissioner of Police a written statement of reasons in relation to a decision of the Regulator—

(a)to grant an application for a licence to or in relation to which the Chief Commissioner of Police objected or made representations under Division 5; or

(b)to refuse to grant an application by the Chief Commissioner of Police for the variation, suspension or cancellation of a licence.

(2)The Regulator must give the Chief Commissioner of Police the statement of reasons within 28 days after receiving a request under subsection (1).

(3)The Regulator is not required to give a statement of reasons requested under subsection (1) if the Regulator has already provided the Chief Commissioner of Police a written statement containing the matters set out in section 34ZI.

34ZIProvision of statement of reasons

(1)The Regulator must provide a statement of reasons within 28 days of receiving a request under section 34ZG or 34ZH.

(2)Subject to subsection (3), the statement of reasons for a decision of the Regulator in relation to an application referred to in sections 34ZG and 34ZH must include—

(a)the reasons for the Regulator's decision; and

(b)the findings on material questions of fact that led to the Regulator's decision, referring to the evidence or other information or material on which the Regulator's findings were based.

(3)If the Regulator's decision is based wholly or partly on protected information received from the Chief Commissioner of Police, the Regulator must—

(a)not disclose the protected information (if the Chief Commissioner has disclosed the protected information to the Regulator); and

(b)state only that the Regulator's decision is based on advice from the Chief Commissioner of Police.

(4)The Regulator may exclude any personal information in a statement of reasons if the Regulator considers it appropriate in the circumstances.

Division 8—Internal reviews

34ZJApplications for internal review

(1)Except as provided in subsection (5), a person whose interests are affected by a reviewable decision may apply to the Regulator for a review of the decision in accordance with this section.

(2)An application under subsection (1) must—

(a)be made within the later of—

(i)28 days after the day on which the person received notice of the reviewable decision from the Regulator; or

(ii)28 days after the person received a statement of reasons for the decision; or

(iii)the longer period that the Regulator allows; and

(b)be made in writing in the form approved by the Regulator.

(3)The Regulator must not allow a longer period under subsection 2(a)(iii) unless the Regulator is satisfied that exceptional circumstances exist to justify the longer period.

(4)An applicant for internal review may provide to the Regulator any other information that the applicant considers relevant.

(5)Subsection (1) does not apply if the Regulator has informed the person under section 34ZA(3)(b) that the Regulator's decision is based on advice from the Chief Commissioner of Police.

Note

Division 9 applies to provide a right of review to VCAT for decisions based on advice from the Chief Commissioner of Police.

34ZK Decisions on internal review

(1)The Regulator must review the reviewable decision specified in an application received under section 34ZJ and make a fresh decision within 28 days of receiving the application—

(a)that affirms or varies the reviewable decision; or

(b)that sets aside the reviewable decision and substitutes another decision that the Regulator considers appropriate.

(2)As soon as practicable after making a decision under subsection (1), the Regulator must give written notice of the decision, and the reasons for the decision, to—

(a)the applicant; and

(b)the Chief Commissioner of Police, if—

(i)an objection or representation has been made under Division 5 in relation to the reviewable decision; and

(ii)the reviewable decision was overturned or modified.

(3)If the Regulator decides on review to revoke a reviewable decision, the Regulator may in addition make any other decision that the Regulator considers appropriate that is available to the Regulator under the provision of this Act under which the reviewable decision was made.

(4)If the Regulator does not make a decision within 28 days after receiving an application under subsection (1), the Regulator is taken to have affirmed the reviewable decision.

Division 9—Review by VCAT

34ZLApplication to VCAT for review of decision on internal review

(1)A person whose interests are affected by a decision of the Regulator on internal review under section 34ZK may apply to VCAT for review of the Regulator's decision on internal review in accordance with this section.

(2)An application under subsection (1) must be made within 28 days after the latest of—

(a)the day on which the Regulator gave the person notice of the Regulator's decision on internal review under section 34ZK(2); or

(b)if the Regulator does not give notice of a decision on internal review, the day the Regulator is taken to have affirmed the reviewable decision under section 34ZK(4); or

(c)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision on internal review, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

34ZMApplication to VCAT for review of decision based on advice from the Chief Commissioner of Police

(1)A person whose interests are affected by a decision that the Regulator has specified is based on advice from the Chief Commissioner of Police may apply to VCAT for review of the Regulator's decision in accordance with this section.

(2)An application under subsection (1) must be made within 28 days after the Regulator informed the person under section 34ZA(3)(b) that the decision was based on advice from the Chief Commissioner of Police.

34ZNVCAT to inquire on grounds for decision

(1)On receipt of an application under section 34ZM, VCAT must inquire of the Regulator whether the grounds for the decision were based on any protected information.

(2)The Regulator must give a written response to a request under subsection (1).

(3)If the Regulator advises VCAT that the grounds for the decision were based on protected information—

(a)the hearing of the application must be conducted in private in accordance with section 34ZP; and

(b)VCAT must appoint a person as special counsel to represent the interests of the applicant in accordance with section 34ZO.

34ZOAppointment of special counsel—protected information

(1)If the Regulator informs VCAT under section 34ZN(2) that the decision was based on protected information, VCAT must appoint a special counsel to represent the interests of the applicant.

(2)A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of VCAT, has the appropriate skills and ability to represent the interests of the applicant at the hearing.

(3)For the purposes of subsection (2), a special counsel may only represent the interests of the applicant to the extent that those interests relate to the protected information on which the decision is based.

(4)At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application for review, for the purpose of obtaining information or instructions from the applicant in relation to the proceeding, the special counsel may communicate with—

(a)the applicant; or

(b)any representative of the applicant.

(5)Subject to section 34ZQ(5), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application for review, the special counsel must not—

(a)take instructions from the applicant or from any representative of the applicant; and

(b)communicate any other information in relation to the hearing to the applicant or a representative of the applicant without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing.

(6)A special counsel may be required to sign a confidentiality undertaking to VCAT.

34ZPProcedure for hearing—protected information

(1)If the Regulator informs VCAT under section 34ZN(2) that the reviewable decision was based on protected information—

(a)the Chief Commissioner of Police of Police must be joined as a party to the proceeding; and

(b)at the hearing of the application for review of the reviewable decision, VCAT must first determine whether or not the reviewable decision was based on protected information.

(2)For the purposes of subsection (1)(b), VCAT must hold the hearing in private.

(3)The following persons are entitled to be present at the hearing under subsection (2)—

(a)if the Chief Commissioner of Police disclosed the protected information to the Regulator under section 34ZA(2)(a), the Regulator, the Chief Commissioner of Police and the special counsel;

(b)if the Chief Commissioner of Police did not disclose the protected information to the Regulator under section 34ZA(2)(b), the Chief Commissioner of Police and the special counsel only.

(4)Each person that is entitled to be present at the hearing under subsection (3) has a right to make submissions as to whether evidence supporting the grounds for the decision amounts to protected information.

(5)After hearing the submissions under subsection (4), VCAT must decide whether or not any of the evidence adduced amounts to protected information.

(6)If VCAT decides that none of the evidence adduced under subsection (4) amounts to protected information VCAT must permit the following persons to attend the hearing of the application—

(a)the Regulator (if the Regulator was excluded from attending under subsection (3)(b);

(b)the applicant.

34ZQDecision of VCAT where protected information exists

(1)Without limiting any other power of VCAT conferred by or under this or any other Act, if VCAT decides that any of the evidence adduced under section 34ZP is protected information, only the following persons are entitled to be present at the hearing of the application to the extent that it relates to that protected information—

(a)the Chief Commissioner of Police;

(b)the special counsel;

(c)if the Chief Commissioner of Police disclosed the protected information to the Regulator under section 34ZA(2), the Regulator.

(2)Each person that is entitled to be present at the hearing of the proceeding has a right to make submissions as to—

(a)the weight that should be given to the evidence supporting the grounds for the decision that amounts to protected information and any other evidence adduced; and

(b)if relevant, the character of the applicant, being evidence indicating whether the applicant or an associate of the applicant is a suitable person to carry on or be associated with a tobacco supply business under a licence; and

(c)whether, in all the circumstances, the application or decision that is the subject of the reviewable decision should be granted or affirmed.

(3)In determining a proceeding that involves protected information, VCAT must decide—

(a)what weight to give the protected information and any other evidence adduced; and

(b)whether, in all the circumstances, the application or decision that is the subject of the reviewable decision should be granted or affirmed.

(4)If VCAT decides under section 34ZP that any evidence adduced is protected information, VCAT must take all steps and precautions to prevent release of that information.

(5)If a special counsel wishes to seek further instructions from the applicant in relation to the protected information, the special counsel must first submit written questions to VCAT for approval.

(6)Before approving the written questions under subsection (5), VCAT must—

(a)allow the Chief Commissioner of Police to make submissions on the content of the questions; and

(b)hear any submissions so made.

(7)Despite section 117 of the Victorian Civil and Administrative Tribunal Act 1998, any order made by VCAT in relation to a decision under this section must only state—

(a)whether the decision of the Regulator is upheld or overturned; and

(b)if the applicant's licence is not issued, renewed or reinstated (as the case requires), that the applicant or each relevant person in relation to the application has failed to meet the suitability requirements.

(8)VCAT may publish reasons for its decision only to the extent that those reasons do not relate to protected information.

34ZRChief Commissioner of Police may request Regulator reconsider decision without protected information

(1)At any time before a final determination has been made by VCAT in a proceeding under this Division that involves protected information, the Chief Commissioner of Police may request the Regulator to reconsider the Regulator's decision without relying on the protected information.

(2)If the Chief Commissioner of Police makes a request under subsection (1)—

(a)the Chief Commissioner of Police must advise VCAT that the request has been made; and

(b)VCAT—

(i)must remit the matter for re‑consideration by the Regulator in accordance with the request; and

(ii)may make any other orders that VCAT thinks fit; and

(c)the Regulator must reconsider the decision as if the protected information had not been provided.

Division 10—Licence renewals

34ZS Application for renewal of licence

(1)A licensee, including a licensee whose licence is currently suspended, may apply to the Regulator for renewal of the licence for a further financial year in accordance with subsection (2).

(2)A renewal application must—

(a)be in a form approved by the Regulator; and

(b)include or be accompanied by any prescribed information; and

(c)be accompanied by the prescribed fee.

(3)The Regulator may request the applicant to provide any other document or information that the Regulator reasonably requires to assess a renewal application, and may for the purposes of assessing the renewal application, assess the licensee's suitability to continue to hold a licence.

(4)For the purposes of subsection (3), and without limiting the Regulator's powers under that subsection, the Regulator may request the licensee to—

(a)provide an updated criminal history check in respect of the licensee or any associate of the licensee; or

(b)verify any information included with or accompanying the application, including by way of statutory declaration.

(5)If the applicant does not comply with a request under subsection (3)—

(a)the application is taken to have been withdrawn on the day after the last day for compliance with the request; and

(b)any fee paid by the applicant is forfeited.

(6)If the Regulator has not made a decision on a renewal application under section 34W before the expiry of the licence, the licence remains in force until the Regulator makes the decision.

(7)The making of a renewal application by a licensee whose licence is currently suspended does not affect the suspension of the licence.

Division 11—Disqualification

34ZTProcedure—proposal to disqualify person from holding licence

(1)If the Regulator has given a licensee a show cause notice proposing to cancel the licensee's licence, the Regulator may also give any of the following persons a notice proposing to disqualify the person from holding a licence for a period of up to 5 years—

(a)if the licensee is a natural person, the licensee;

(b)if the licensee is a body corporate—

(i)the body corporate; or

(ii)any director of the body corporate;

(c)if the licence is held on behalf of a partnership, any partner in the partnership.

(2)A notice under subsection (1) must specify the following—

(a)that the Regulator proposes to disqualify the person from holding a licence for a period specified in the notice that does not exceed 5 years from the date of the notice;

(b)the grounds for the proposed disqualification;

(c)the facts and circumstances forming the basis for the proposed disqualification;

(d)that the person may, within the period specified in the notice, show cause why the proposed disqualification should not be taken.

(3)The period specified in subsection (2)(d) must not be less than 28 days after the day that the notice is given to the person.

(4)The person may make written representations to the Regulator during the period specified in the notice, showing cause why the person should not be disqualified from holding a licence.

(5)A notice under subsection (1) may be given at the same time as a show cause notice.

34ZUDecision on disqualification and notice

(1)Subject to subsection (2), if, after considering any representations made under section 34ZT(4), the Regulator is satisfied that disqualification of the person is warranted, the Regulator may disqualify the person from holding a licence for a period of up to 5 years from the date of giving notice of disqualification under subsection (3).

(2)The Regulator may disqualify a person under subsection (1) only if under section 34Q(1) the Regulator cancels the licence referred to in the show cause notice.

(3)The Regulator must give written notice of the Regulator's decision to disqualify a person from holding a licence to—

(a)the person; and

(b)the Chief Commissioner of Police.

(4)A notice under subsection (3) must specify—

(a)that the Regulator has decided to disqualify the person from holding a licence under this section; and

(b)the reasons for the Regulator's decision; and

(c)the period of disqualification; and

(d)the way in which the person may seek a review of the Regulator's decision.

(5)If, after considering any representations made under section 34ZT(4), the Regulator is not satisfied that disqualification is warranted, the Regulator must give written notice to the person stating that the person will not be disqualified from holding a licence as soon as practicable after making that decision.

Division 12—General

34ZVRegister of Licensed Tobacco Suppliers

(1)The Regulator must keep a Register of Licensed Tobacco Suppliers.

(2)The Regulator must cause the following information to be included in the Register in relation to each licence—

(a)the business name under which the licensee sells tobacco products;

(b)the address of the licensed tobacco premises;

(c)the licensee's licence number;

(d)any prescribed information.

(3)The Regulator must cause the Register to be published on the Regulator's website.

34ZWRequirement to notify Regulator of change in application information

(1)A person (primary person) must notify the Regulator, in the form approved by the Regulator, within 14 days after any change in any information provided by the primary person to the Regulator under this Act occurs, including information accompanying any of the following applications—

(a)a licence application;

(b)a variation application;

(c)a relocation application;

(d)a transfer application;

(e)an application under section 34L(1)(a) to suspend or cancel a licence;

(f)a renewal application.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(2)For the purposes of subsection (1), a change of information includes where—

(a)a person who was an associate of the primary person ceases to be an associate of the primary person; or

(b)a person who was not an associate of the primary person becomes an associate of the primary person.

34ZXFalse or misleading statements in connection with licensing

(1)A person must not, in or in relation to an application for the grant, variation, transfer, relocation or renewal of a licence, make a statement that is false or misleading because of—

(a)the inclusion in the statement of false or misleading matter; or

(b)the omission from the statement of material matter.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(2)It is an exception to an offence against subsection (1) if the accused—

(a)believed on reasonable grounds that the false matter was true; or

(b)believed on reasonable grounds that the misleading matter was not misleading; or

(c)in the case of an omission—

(i)believed on reasonable grounds that no material had been omitted, being material the omission of which would make the statement false or misleading; or

(ii)did not know that the omitted matter was material.

34ZYCourt may suspend or cancel licence or disqualify person

If a court finds a licensee guilty of a suitability offence the court may, in addition to imposing any other penalty in relation to the offence—

(a)suspend the licensee's licence for a period specified by the court; or

(b)cancel the licensee's licence; or

(c)cancel the licensee's licence and disqualify the licensee from holding a licence for the period not exceeding 5 years specified by the court.

34ZZRegulator may review licences

(1)The Regulator may at any time conduct a review of a licence.

(2)Without limiting the scope of a review under subsection (1), the Regulator may review any or all of the following—

(a)the suitability of the licensee or any associate of the licensee to carry on or be associated with the tobacco supply business under the licence;

(b)the licensee's compliance with this Act and the regulations.

(3)For the purposes of a review, the Regulator may conduct any inquiries the Regulator thinks fit, including, without limitation—

(a)inquiries with the Chief Commissioner of Police or government agencies in Victoria or in other Australian jurisdictions in relation to the criminal history of—

40Announcement before entry

For section 36G(2) of the Principal Act substitute—

"(2)An inspector or police officer need not comply with subsection (1) if the inspector or police officer believes on reasonable grounds that immediate entry to the premises is required to ensure—

(a)the safety of any person; or

(b)that the effective execution of the warrant is not frustrated.".

41Offence to intimidate, threaten or assault inspector

In section 36QA of the Principal Act omit ", without reasonable excuse,".

42New section 37A inserted

After section 37 of the Principal Act insert—

"37A   Forfeiture of prohibited products

(1)If an inspector, a licensing inspector or a police officer believes on reasonable grounds that a thing the inspector, licensing inspector or police officer has seized in the exercise of a power under this Act, or under a warrant issued under this Act, is a prohibited product, the inspector, licensing inspector or police officer, with the approval of the appropriate person, may serve a forfeiture notice on the person from whom the thing was seized or the apparent owner of the thing.

(2)The person on whom the forfeiture notice is served may apply to the Magistrates' Court, within 30 days after service of the notice, for an order requiring the thing to be returned to the person.

(3)On an application under subsection (2), the Magistrates' Court—

(a)if satisfied that the thing is not a prohibited product, must order that the thing be returned to the applicant; or

(b)if not so satisfied, must refuse the application and order that the thing be forfeited to the State and given to the appropriate person.

(4)The applicant must present or point to evidence that suggests a reasonable possibility of the existence of facts that, if they existed, would establish that the thing is not a prohibited product.

(5)If the applicant does so, the inspector, licensing inspector or police officer bears the burden of satisfying the court that the thing is a prohibited product.

(6)If the person on whom the forfeiture notice is served fails to make an application under subsection (2), the thing is forfeited to the State, and at the end of the 30 day period must be given to the appropriate person.

(7)If a thing is forfeited under this section—

(a)it must be destroyed or otherwise disposed of or dealt with by the appropriate person; and

(b)the person on whom the forfeiture notice was served is liable to pay the costs and expenses incurred in so doing.

(8)In this section—

appropriate person means—

(a)in relation to a thing seized by an inspector who is an environmental health officer of a Council or a person employed by, or providing services to, a Council, the Chief Executive Officer of the Council; or

(b)in relation to a thing seized by an inspector appointed under section 36(b) or (d), the Secretary; or

(c)in relation to a thing seized by a licensing inspector, the Regulator; or

(d)in relation to a thing seized by a police officer, the Chief Commissioner of Police;

forfeiture notice means a notice that states—

(a)that a thing specified in the notice is believed to be a prohibited product; and

(b)that the person on whom the notice is served may apply to the Magistrates' Court for an order that the thing be returned to the person; and

(c)the consequences of failing to apply for an order referred to in paragraph (b);

prohibited product means—

(a)illicit tobacco; or

(b)a product, or a product of a class, that is the subject of a ban order in force under section 15N; or

(c)vaping goods that are not compliant with a requirement imposed by or under the Therapeutic Goods Act 1989 of the Commonwealth; or

(d)vaping goods the possession, supply, manufacture or import of which would contravene the Therapeutic Goods Act 1989 of the Commonwealth.".

43New section 42C inserted

After section 42B of the Principal Act insert—

"42C   Review of licensing scheme

(1)The Minister must cause a review of the operation of Parts 3AA and 3AAB to be conducted.

(2)The review—

(a)must begin on, or as soon as practicable after, the fifth anniversary of the commencement of Part 3AA; and

(b)must be completed within 12 months after it is begun.

(3)The Minister must cause a copy of a report of the review to be presented to each House of Parliament within 7 sitting days of that House after the review is completed.".

44Transitional provision—Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024

After section 48(1) of the Principal Act insert—

"(1A)If a person applied for a licence in accordance with this Act before the commencement of Division 1AA of Part 3AA, but the application had not been finally determined before that commencement, the person does not commit an offence against section 33A(1) or 33B in relation to the sale of tobacco products in the conduct of the tobacco supply business that is the subject of the application at any time before the application is finally determined.

(1B)For the purpose of subsection (1A), an application is finally determined—

(a)when the application is granted and a licence is issued to the applicant; or

(b)if the application is refused, when any review of the refusal is finally determined or, if no application for review is made, when the period for the applicant to apply for review expires.".

45Consequential amendment of Drugs, Poisons and Controlled Substances Act 1981

In section 13(1)(f) of the Drugs, Poisons and Controlled Substances Act 1981, after "inspector" insert "or licensing inspector".

PART 4—REPEAL OF E‑CIGARETTE AND SPECIALIST TOBACCONIST PROVISIONS

46Definitions

In section 3 of the Principal Act—

(a)insert the following definitions—

"medicinal cannabis vaporiser has the meaning given by section 80T of the Drugs, Poisons and Controlled Substances Act 1981;

vaping device means—

(a)a vaping device as defined by section 41P of the Therapeutic Goods Act 1989 of the Commonwealth; or

(b)any other device prescribed by the regulations—

but does not include a medicinal cannabis vaporiser;

vaping goods has the meaning that vaping goods would have under section 41P of the Therapeutic Goods Act 1989 of the Commonwealth if vaping device had the meaning given by this section;";

(b)in the definition of carton omit "or e‑cigarette product" (where twice occurring);

(c)in the definition of display omit "or e‑cigarette product";

(d)in the definition of immediate package—

(i)omit "or e‑cigarette product";

(ii)paragraph (ab) is repealed;

(e)in the definition of package omit "or e‑cigarette";

(f)in the definition of point of sale omit "or e‑cigarette products";

(g)in the definition of product line omit "or e‑cigarette product" (where twice occurring);

(h)in the definition of retail outlet omit "or e‑cigarette products";

(i)in the definition of smoke, in paragraph (b), for "an e‑cigarette" substitute "a vaping device";

(j)in the definition of tobacco or e‑cigarette advertisement omit "or e‑cigarette";

(k)in the definition of vending machine omit "or e‑cigarette products";

(l)in the definition of wholesale outlet omit "or e‑cigarette products";

(m)the definitions of e‑cigarette, e‑cigarette accessory, e‑cigarette company, e‑cigarette product, e‑cigarette retailing business, e‑cigarette wholesaling business, specialist e‑cigarette retailing premises and specialist tobacconist are repealed.

47Vending machines

In section 3A of the Principal Act omit "or e‑cigarette retailing business".

48Section 3B amended

(1)In the heading to section 3B of the Principal Act omit "or e‑cigarette".

(2)In section 3B(1) of the Principal Act—

(a)omit "or e‑cigarette";

(b)for paragraph (b) substitute—

"(b)the purchase or use of a tobacco product or range of tobacco products; or";

(c)in paragraphs (c), (d), and (e)(i) omit "or e‑cigarette products";

(d)in paragraph (f), for "e‑cigarette product or a range of tobacco products or e‑cigarette products" substitute "range of tobacco products".

(3)In section 3B of the Principal Act—

(a)in subsection (3)—

(i)for "tobacco or e‑cigarette" substitute "tobacco";

(ii)in paragraph (a) omit "or e‑cigarette product";

(b)in subsection (3A) omit "or e‑cigarette products";

(c)in subsections (4) and (5)—

(i)omit "or e‑cigarette products";

(ii)for "tobacco or e‑cigarette" (where twice occurring) substitute "tobacco";

(d)in subsection (6) omit "or e‑cigarette";

(e)in subsection (7)—

(i)for "tobacco or e‑cigarette" (where twice occurring) substitute "tobacco";

(ii)in paragraph (b) omit "or e‑cigarette products".

49Part 2 heading amended

In the heading to Part 2 of the Principal Act, for "e‑cigarette products" substitute "vaping goods".

50Certain advertising prohibited

(1)In section 6(1) and (2) of the Principal Act omit "or e‑cigarette" (wherever occurring).

(2)For section 6(2AA) and (2A) of the Principal Act substitute—

"(2AA)If there is a tobacco advertisement at a retail outlet (other than an on‑airport duty free shop), the person carrying on the tobacco retailing business at that retail outlet commits an offence and is liable to a penalty not exceeding 60 penalty units, in the case of a natural person, or 300 penalty units, in the case of a body corporate.

(2A)If there is a tobacco advertisement of a product line of a tobacco product at a point of sale at an on‑airport duty free shop or at a wholesale outlet that is not in accordance with section 6A, the person carrying on the tobacco retailing business or the tobacco wholesaling business at that outlet is guilty of an offence and liable to a penalty not exceeding 60 penalty units, in the case of a natural person, or 300 penalty units, in the case of a body corporate.".

(3)Section 6(2AB), (2AC) and (2AD) of the Principal Act are repealed.

(4)For section 6(2B) of the Principal Act substitute—

"(2B)A person must not, in the course of carrying on a tobacco retailing business at an on‑airport duty free shop or a tobacco wholesaling business, display tobacco products at a retail outlet or wholesale outlet other than at a point of sale.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.".

(5)For section 6(2D) of the Principal Act substitute—

"(2D)A tobacco company commits an offence against this subsection, and is liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—

(a)contravenes subsection (1), (2), (2AA), (2A) or (2B); or

(b)causes another person to contravene subsection (1), (2), (2AA), (2A) or (2B).".

(6)In section 6(3) of the Principal Act—

(a)in paragraph (a)—

(i)for "tobacco or e‑cigarette" substitute "tobacco";

(ii)in subparagraph (iii) omit "or e‑cigarette product";

(b)in paragraph (b) omit "or e‑cigarette";

(c)in paragraph (ba)—

(i)omit "or e‑cigarette products" (where twice occurring);

(ii)omit "or e‑cigarette product";

(d)for paragraph (c) substitute—

"(c)a tobacco advertisement (other than a display of a tobacco product carried about on a person) at a point of sale inside an on‑airport duty free shop or a wholesale outlet that is in accordance with section 6A; or";

(e)in paragraph (ca), for "or e‑cigarette products at one or more points of sale at a specialist tobacconist," substitute "at one or more points of sale at";

(f)in paragraph (cab), for "or e‑cigarette products at one point of sale at a retail outlet (other than a specialist tobacconist, a specialist e‑cigarette retailing premises or" substitute "at one point of sale at a retail outlet (other than";

(g)in paragraph (cb), for "or e‑cigarette products in a specialist tobacconist or" substitute "in";

(h)paragraphs (cba), (cbb), (cbc) and (da) are repealed.

51Section 6A amended

(1)In the heading to section 6A of the Principal Act omit "—tobacco products".

(2)In section 6A of the Principal Act—

(a)in subsection (1), for "or e‑cigarette advertisement at one point of sale at a specialist tobacconist or" substitute "advertisement at one point of sale at";

(b)in subsection (2), for "or e‑cigarette advertisement at any other point of sale at a specialist tobacconist or" substitute "advertisement at any other point of sale at";

(c)in subsection (3) omit "or e‑cigarette";

(d)in subsection (4) omit "a specialist tobacconist or";

(e)in subsection (7), for "or e‑cigarette advertisement referred to in subsection (1) at a specialist tobacconist or" substitute "advertisement referred to in subsection (1) at".

52Section 6B repealed

Section 6B of the Principal Act is repealed.

53Competitions, rewards and shopper loyalty schemes

(1)In section 7 of the Principal Act—

(a)in subsection (1), for "or e‑cigarette product or for the purpose of promoting the sale of a tobacco product or e‑cigarette product" substitute "or for the purpose of promoting the sale of a tobacco product";

(b)in subsection (1)(a)(i), (ii) and (iii) omit ", non‑e‑cigarette product";

(c)in subsections (1)(b) and (2) omit "or e‑cigarette product";

(d)in subsection (3)—

(i)omit "or non‑e‑cigarette products" (where twice occurring);

(ii)omit "or e‑cigarette products" (where twice occurring).

(2)For section 7(4) of the Principal Act substitute—

"(4)To avoid doubt, subsection (1) applies to a tobacco company that, or a person carrying on a tobacco wholesaling business who, does anything referred to in paragraph (a) or (b) of that subsection in connection with the sale of a tobacco product or for the purposes of promoting the sale of a tobacco product.".

(3)In section 7(5) of the Principal Act—

(a)omit "or e‑cigarette company" (where first occurring);

(b)omit "or e‑cigarette company, as the case may be,".

54Free samples

In section 8 of the Principal Act—

(a)in subsection (1)—

(i)omit "or e‑cigarette product" (wherever occurring);

(ii)paragraph (ba) is repealed;

(b)in subsection (2) omit "or e‑cigarette product" (where twice occurring);

(c)in subsection (3)—

(i)omit "or e‑cigarette company" (where first occurring);

(ii)omit "or e‑cigarette company, as the case may be,".

55Prohibition of certain sponsorships

In section 9 of the Principal Act—

(a)in subsections (1), (2) and (3) omit "or e‑cigarette product" (wherever occurring);

(b)in subsection (5)—

(i)omit "or e‑cigarette company" (where first occurring);

(ii)omit "or e‑cigarette company, as the case may be,".

56Section 12 amended

(1)In the heading to section 12 of the Principal Act, for "e‑cigarette products" substitute "vaping goods".

(2)In section 12 of the Principal Act—

(a)in subsections (1) and (2), for "e‑cigarette product" substitute "vaping goods";

(b)in subsection (5), in the definition of manager, in paragraph (b), for "e‑cigarette products" substitute "vaping goods";

(c)in subsection (5), in the definition of prevention measures—

(i)in paragraph (a)(i) , for "e‑cigarette products" (where twice occurring) substitute "vaping goods";

(ii)in paragraph (a)(ii) , for "e‑cigarette product" substitute "vaping goods";

(iii)in paragraph (b) , for "e‑cigarette products" substitute "vaping goods".

57Vending machines

Section 13(1A) of the Principal Act is repealed.

58Section 13A amended

(1)In the heading to section 13A of the Principal Act omit "and e‑cigarette products".

(2)In section 13A of the Principal Act—

(a)in subsections (1) and (2) omit "or e‑cigarette product";

(b)in subsection (2A)—

(i)omit "or e‑cigarette company" (where first occurring);

(ii)omit "or e‑cigarette company, as the case may be,";

(c)in subsection (3) omit "or e‑cigarette product" (where twice occurring).

59Prohibition of retailing at premises where offences have been committed

In section 15D of the Principal Act—

(a)in subsections (1), (2), (3) and (4) omit "or e‑cigarette retailing business" (wherever occurring);

(b)in subsection (6) omit "or e‑cigarette products";

(c)in subsection (7) omit "or e‑cigarette retailing business";

(d)in subsection (8), in the definitions of associate and new premises omit "or e‑cigarette retailing business".

60Section 15I amended

(1)In the heading to section 15I of the Principal Act omit "or e‑cigarette".

(2)In section 15I of the Principal Act—

(a)in subsection (1)—

(i)in paragraph (b) omit "or e‑cigarette";

(ii)in paragraph (c) omit "or e‑cigarette products";

(b)in subsection (2), in the definition of covered, in paragraph (b)—

(i)for "tobacco or e‑cigarette" substitute "tobacco";

(ii)omit "or e‑cigarette products".

61Section 15J amended

(1)In the heading to section 15J of the Principal Act omit "or e‑cigarettes".

(2)In section 15J of the Principal Act omit "or e‑cigarette product".

62Division 4 of Part 2 heading amended

In the heading to Division 4 of Part 2 of the Principal Act omit "or e‑cigarette products".

63Section 15L amended

(1)In the heading to section 15L of the Principal Act omit "or e‑cigarette products".

(2)In section 15L(1) and (2) of the Principal Act omit "or e‑cigarette products".

64Section 15M amended

(1)In the heading to section 15M of the Principal Act omit "or for e‑cigarette company to sell e‑cigarette products".

(2)Section 15M(1A) of the Principal Act is repealed.

(3)In section 15M(3) of the Principal Act omit "or (1A)".

65Secretary may recommend ban order

In section 15O(2)(a) of the Principal Act—

(a)in subparagraph (ii), for "e‑cigarette product" substitute "vaping goods";

(b)in subparagraph (iiia), for "an e‑cigarette product" (where twice occurring) substitute "vaping goods".

66Offence to breach a ban order

In section 15S(2) of the Principal Act—

(a)omit "or e‑cigarette company" (where first occurring);

(b)omit "or e‑cigarette company, as the case may be,".

67Part 2A repealed

Part 2A of the Principal Act is repealed.

68Entry of premises open to the public

In section 36E(1A)(b) and (2) of the Principal Act omit "or e‑cigarette".

69Power to require names of persons supplied with tobacco

In section 42A of the Principal Act—

(a)subsection (1AA) is repealed;

(b)in subsections (1A) and (2) omit "or (1AA)";

(c)in subsection (3)(c) omit "or e‑cigarette retailers".

PART 5—CONSEQUENTIAL AMENDMENTS

70Amendment of Confiscation Act 1997

(1)In Schedule 1 to the Confiscation Act 1997, after item 14 insert—

"14AA.An offence against any of the following provisions of the Tobacco Act 1987—

(a)section 11A(1) (possession of illicit tobacco);

(b)section 11A(2) (possession of commercial quantity of illicit tobacco);

(c)section 11A(3) (supply of illicit tobacco);

(d)section 33A(1) (selling a tobacco product without a licence).".

(2)In Schedule 2 to the Confiscation Act 1997, after item 14 insert—

"15.An offence against section 11A(4) of the Tobacco Act 1987.".

71Amendment of Drugs, Poisons and Controlled Substances Act 1981

In section 13(1) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)in paragraph (e), for "as a registered Chinese herbal dispenser." substitute "as a registered Chinese herbal dispenser; and";

(b)after paragraph (e) insert—

"(f)any inspector (within the meaning of the Tobacco Act 1987) is hereby authorised to obtain and have in their possession nicotine in the performance of functions or exercise of powers under—

(i)that Act or regulations made under that Act; or

(ii)the Therapeutic Goods Act 1989 of the Commonwealth or regulations made under that Act.".

72Amendment of Spent Convictions Act 2021

In Table 1 at the foot of section 22 of the Spent Convictions Act 2021, after—

"Registrar of Ministers of Religion Registration of marriage celebrants Marriage Act 1961 of the Commonwealth"

insert—

"Regulator within the meaning of the Tobacco Act 1987 Licensing Tobacco Act 1987".

PART 6—REPEAL OF THIS ACT

73Repeal of this Act

This Act is repealed on 1 July 2027.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up‑to‑date legislative information.

Minister's second reading speech—

Legislative Assembly: 12 November 2024

Legislative Council: 14 November 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Tobacco Act 1987 to establish a licensing scheme for tobacco retailers and wholesalers and make related and other amendments, to make consequential amendments to the Confiscation Act 1997, the Drugs, Poisons and Controlled Substances Act 1981 and the Spent Convictions Act 2021 and for other purposes."