Tobacco and Other Smoking Products Act 1927 (ACT)
Tobacco and Other Smoking Products Act 1927
A1927-14
Republication No 38
Effective: 18 April 2025
Republication date: 18 April 2025
Last amendment made by A2025‑8
About this republication
The republished law
This is a republication of the Tobacco and Other Smoking Products Act 1927 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 April 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 April 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Tobacco and Other Smoking Products Act 1927
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
2A Notes 2
3Offences against Act—application of Criminal Code etc 3
3A Meaning of smoking product 3
3B Meaning of personal vaporiser and personal vaporiser related product 3
3C Meaning of therapeutic vaping good and vaping good 4
3D Meaning of prohibited smoking product 5
4 Meaning of price ticket 6
5 Meaning of sell 7
6 Meaning of smoking advertisement 7
7 Publication of name of manufacturer etc 7
Part 2 Points of sale
8 Numbers of points of sale 9
9 Location of smoking products 9
10 Storage of smoking products at points of sale 10
11 Other location and storage requirements by regulation 10
Part 3 Supply of smoking products
14 Supply of smoking product to under 18 year olds 11
15 Purchase of smoking products for use by under 18 year olds 13
16 Prohibition on sale of smoking products by vending machine 13
17 Tobacco for non-smoking purposes 14
18 Food and toys resembling or promoting smoking products 14
18A Declared smoking products 15
18B Prohibition on sale or import of declared smoking product 16
19 Sale of cigarettes 16
20 Display of smoking products 16
22 Prohibition on sale of prohibited smoking product 17
Part 4 Advertising, promotion and sponsorship
23 Prohibited smoking advertising 18
24 Removal of smoking advertisements 20
25 Smoking product promotions 22
25A Prohibition of smoking product sales contributing to customer reward scheme 23
26 Smoking product giveaways 23
27 Competitions that promote smoking products etc 24
28 Prohibition of sponsorships 25
Part 6 Enforcement
31 Interpretation for pt 6 27
32 Authorised officers 27
33 Exercise of powers by authorised officers who are police officers 28
34 Identity cards 28
35 Powers of entry 29
36 Consent to entry 29
37 Powers of authorised officers 30
38 Provision of information under s 37 (f)—claim of privilege 31
39 Power to require name and address 32
40 Search warrants 33
42 Seized items 34
Part 6A Tobacco compliance testing
42A Definitions—pt 6A 36
42B What is a compliance test? 36
42C Approval of compliance testing programs 37
42D Approval of compliance testing procedures 38
42E Carrying out of compliance testing 39
42F Lawfulness of compliance testing 39
42G Indemnification of authorised officers and purchase assistants 40
Part 7 Licences
Division 7.1 Interpretation
43 Definitions for pt 7 42
44 Meaning of tobacco retailing 42
45 Meaning of tobacco wholesaling 43
46 Liability of employer for acts of employee 43
Division 7.2 Licences
47 Application for, and grant of, tobacco licence 44
48 Conditions of tobacco licence 45
49 Duration of tobacco licence 45
49A No vending machines authorised 46
50 Refusal to grant or renew tobacco licence 46
51 Renewal of tobacco licence 47
53 Register of tobacco licences 48
54 Surrender and termination of tobacco licence 48
Division 7.3 Occupational discipline—licensees
55 Meaning of licensee—div 7.3 48
56 Grounds for occupational discipline 48
57 Application to ACAT for occupational discipline 49
58 Orders for occupational discipline 50
Division 7.4 Offences
59 Failure to return tobacco licence 51
60 Disqualification 52
61 Selling smoking products without, or in contravention of, tobacco licence 53
62 Tobacco wholesaling—offences 53
63 Tobacco retailing—offences 54
64 Display of licence details 55
65 Licensee stops carrying on business 55
66 Endorsement on wholesale tobacco merchant’s invoices 56
67 Retail tobacconist must obtain smoking products from licensed wholesaler 56
Division 7.5 Notification and review of decisions
68 Meaning of reviewable decision—div 7.5 57
69 Reviewable decision notices 57
69A Applications for review 57
Division 7.6 Miscellaneous
70 Determination of fees 58
71 Recovery of unpaid fees from unlicensed people 58
Part 8 Miscellaneous
72 Acts and omissions of representatives 60
73 Regulation-making power 61
Schedule 1 Reviewable decisions 62
Dictionary63
Endnotes
1 About the endnotes 68
2 Abbreviation key 68
3 Legislation history 69
4 Amendment history 76
5 Earlier republications 96
6 Renumbered provisions 97
Tobacco and Other Smoking Products Act 1927
An Act about tobacco and smoking products
Part 1Preliminary
Name of Act
This Act is the Tobacco and Other Smoking Products Act 1927.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘price ticket—see section 4.’ means that the term ‘price ticket’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
3AMeaning of smoking product
In this Act:
smoking product means any of the following:
(a)a tobacco product;
(b)a herbal product;
(c)a personal vaporiser or a personal vaporiser related product;
(d)a vaping good other than a therapeutic vaping good.
3BMeaning of personal vaporiser and personal vaporiser related product
(1)In this Act:
personal vaporiser means—
(a)a device that—
(i)is made for the purpose or apparent purpose of delivering a substance into a person’s body when the person inhales through the device; and
(ii)has a cartridge or container to store a substance; or
(b)a device prescribed by regulation.
personal vaporiser related product means a device or other product that is—
(a)made for the purpose or apparent purpose of being part of a personal vaporiser; or
(b)made for the purpose or apparent purpose of being used in connection with a personal vaporiser; or
(c)prescribed by regulation.
(2)However, a personal vaporiser or a personal vaporiser related product does not include the following:
(a)a device designed to be used to deliver oxygen into an individual’s body;
(b)a drug pipe;
(c)a vaping good;
(d)a device or other product prescribed by regulation.
(3)In this section:
drug pipe—see the Criminal Code, section 621A (2).
3CMeaning of therapeutic vaping good and vaping good
(1)In this Act:
therapeutic vaping good means a vaping good supplied in a way that is consistent with the Therapeutic Goods Act 1989 (Cwlth).
vaping good—see the Therapeutic Goods Act 1989 (Cwlth), section 41P (1), definition of vaping goods.
(2)However, a vaping good does not include the following:
(a)a device designed to be used to deliver oxygen into an individual’s body;
(b)a drug pipe.
(3)Despite subsections (1) and (2), a regulation may prescribe that a device or other product—
(a)is a vaping good; or
(b)is not a vaping good.
(4)In this section:
drug pipe—see the Criminal Code, section 621A (2).
3DMeaning of prohibited smoking product
(1)In this Act:
prohibited smoking product means—
(a)a vaping good other than a therapeutic vaping good; or
(b)a smoking product prescribed by regulation.
(2)A regulation may prescribe a smoking product as a prohibited smoking product only if 1 or both of the following apply:
(a)the product, or the smoke of the product, has a distinctive fruity, sweet or confectionary-like character;
(b)the product, or the product’s package or packaging, may be attractive to children.
(3)In this section:
smoke includes vapour.
Meaning of price ticket
(1)In this Act:
price ticket, for a product line, means a label that—
(a)includes no information other than any or all of the following:
(i)the name of the product line;
(ii)a bar code or similar identifying code;
(iii)the price of an item of the product line;
(iv)the price of a carton of the product line; and
(b)is not larger than 15cm2; and
(c)contains only text; and
(d)is in Times New Roman type, no character of which is more than 12 points in size; and
(e)otherwise complies with this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)In this section:
carton means a package containing packages of a smoking product, or a package designed to contain packages of a smoking product, but does not include a package containing individually-wrapped cigars (unless the package contains a further package or packages of the cigars).
text includes a code mentioned in subsection (1) (a) (ii).
Meaning of sell
In this Act:
sell includes—
(a)offer for sale; and
(b)expose for sale; and
(c)barter (or offer or expose for barter); and
(d)exchange (or offer or expose for exchange); and
(e)supply for value (or offer or expose for supply for value); and
(f)supply for free (or offer or expose for supply for free), to gain or maintain custom, or otherwise for commercial gain.
Meaning of smoking advertisement
(1)In this Act:
smoking advertisement means writing, sound or a picture, symbol, light or other visible device, object or sign (or a combination of 2 or more of these) that a reasonable person would consider publicises, or otherwise promotes—
(a)the purchase or use of a smoking product; or
(b)a trademark or brand name, or part of a trademark or brand name, of a smoking product.
(2)A smoking advertisement may be constituted by an incidental or accidental accompaniment to any other written, aural, pictorial, symbolic or visible matter.
Publication of name of manufacturer etc
(1)For this Act, the publication of the name of a manufacturer, distributor or retailer of smoking products—
(a)is not, of itself, a smoking advertisement; and
(b)is not taken, of itself, to publicise or promote—
(i)a smoking product, or the purchase or use of a smoking product; or
(ii)a trademark or brand name of a smoking product; or
(iii)the name or interests of a manufacturer or distributor of a smoking product in association with a smoking product.
(2)However, the publication of the name of a manufacturer, distributor or retailer of smoking products in association with the publication of other material may be either or both of the following:
(a)a smoking advertisement;
(b)taken to be publicity or promotion as mentioned in subsection (1) (b).
Part 2Points of sale
Numbers of points of sale
(1)An occupier of a retail outlet on unlicensed premises commits an offence if the occupier provides more than 1 point of sale at the outlet.
Maximum penalty: 50 penalty units.
(2)An occupier of a retail outlet on licensed premises commits an offence if the occupier provides more than 5 points of sale at the outlet.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
licensed premises means premises for which an on licence, a general licence or a club licence is in force under the Liquor Act 2010.
unlicensed premises means premises other than licensed premises.
Location of smoking products
(1)A smoking product for sale at a retail or wholesale outlet must be located—
(a)at a point of sale for the outlet; and
(b)on the seller’s side of the point of sale, not less than 1m away from any part of the customer service area in relation to the point of sale.
(2)A price ticket for a product line for sale (or usually available for sale) at a point of sale at a retail or wholesale outlet must be located not less than 1m away from any part of the customer service area in relation to the point of sale.
(3)An occupier of a retail or wholesale outlet commits an offence if the occupier contravenes subsection (1) or (2).
Maximum penalty: 50 penalty units.
(4)An offence against this section is a strict liability offence.
Storage of smoking products at points of sale
(1)A smoking product at a point of sale for a retail or wholesale outlet must be stored out of view of the outlet’s customers.
(2)An occupier of a retail or wholesale outlet commits an offence if the occupier contravenes subsection (1).
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
Other location and storage requirements by regulation
An occupier of a retail or wholesale outlet must comply with any additional requirements in relation to the location or storage of smoking products that are prescribed by regulation.
Part 3Supply of smoking products
Supply of smoking product to under 18 year olds
(1)A person commits an offence if the person—
(a)sells a smoking product to a person who is under 18 years old; and
(b)is reckless about whether the person to whom the smoking product is sold is under 18 years old.
Maximum penalty: 200 penalty units.
(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
(a)immediately before the smoking product was sold to the person, the defendant (or an employee or agent of the defendant) (the seller) asked the person to show the seller a document of identification; and
(b)the person showed the seller a document of identification; and
(c)the seller had no reasonable grounds for believing that the document was not a genuine document of identification of the person.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
(3)A person commits an offence if the person uses someone else’s document of identification, or a forged document of identification, for the purpose of obtaining a smoking product.
Maximum penalty: 10 penalty units.
(4)A person may refuse to sell a smoking product to someone else, or to permit someone else to obtain a smoking product, if—
(a)the person is not satisfied that the other person is at least 18 years old; or
(b)the person considers that the product is sought for use by a person under 18 years old; or
(c)the person considers that any identification shown by the other person is not genuine, or has been tampered with.
(5)Subsection (4) does not limit the circumstances in which a person may refuse to sell a smoking product, or refuse to permit someone else to obtain a smoking product.
(6)In this section:
document of identification, of a person, means—
(a)a document that—
(i)is—
(A)an Australian driver licence or foreign driver licence; or
(B)a proof of identity card issued under the Liquor Act 2010, section 210 (Proof of identity cards), or a corresponding document issued under the law of a State; or
(C)a passport; and
(ii)contains a photograph that could reasonably be taken to be the person; and
(iii)indicates that the person to whom the document was issued is at least 18 years old; or
(b)any other document prescribed by regulation.
NoteA document may be in electronic form (see Legislation Act, dict, pt 1, def document).
foreign driver licence means a licence to drive a motor vehicle (however described) issued under the law of an external Territory or a foreign country.
Purchase of smoking products for use by under 18 year olds
A person commits an offence if the person purchases a smoking product for use by a person under 18 years old.
Maximum penalty: 50 penalty units.
Prohibition on sale of smoking products by vending machine
(1)A person commits an offence if—
(a)the person places a vending machine on premises; and
(b)the vending machine is used, or is available for use, by members of the public.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person occupies premises where there is a vending machine; and
(b)the vending machine is used, or is available for use, by members of the public.
Maximum penalty: 50 penalty units.
Tobacco for non-smoking purposes
A person commits an offence if the person manufactures or sells a tobacco product that is not a product prepared for smoking.
Maximum penalty: 50 penalty units.
Food and toys resembling or promoting smoking products
(1)A person commits an offence if the person—
(a)sells or imports food or a toy; and
(b)the food or toy, or its package or packaging, resembles—
(i)a smoking product; or
(ii)a smoking product package.
Maximum penalty: 50 penalty units.
(2)For subsection (1), food or a toy resembles a smoking product or a smoking product package if a reasonable person would believe that the resemblance exists, or is likely to exist.
(3)A person commits an offence if the person—
(a)sells or imports food or a toy; and
(b)the food or toy, or its package or packaging, publicises or otherwise promotes 1 or more of the following things:
(i)a smoking product, or the purchase or use of a smoking product;
(ii)a trademark or brand name, or part of a trademark or brand name, of a smoking product;
(iii)the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.
Maximum penalty: 50 penalty units.
(4)For subsection (3), food or a toy, or its package or packaging, publicises or otherwise promotes a thing mentioned in subsection (3) (b) if a reasonable person would believe that the food, toy, package or packaging publicises or promotes, or is likely to publicise or promote, the thing.
18ADeclared smoking products
(1)The Minister may declare that food or a toy, or its package or packaging, is a declared smoking product.
(2)The Minister must not make a declaration under subsection (1) unless satisfied that the food or toy, or its package or packaging—
(a)resembles a smoking product; or
(b)resembles a smoking product package; or
(c)may publicise or otherwise promote—
(i)a smoking product, or the purchase or use of a smoking product; or
(ii)a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
(iii)the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
18BProhibition on sale or import of declared smoking product
(1)A person commits an offence if the person sells or imports a declared smoking product.
Maximum penalty: 50 penalty units.
(2)In this section:
declared smoking product—see section 18A (1).
Sale of cigarettes
(1)A person commits an offence if the person sells cigarettes (including cigarettes made from a herbal product) in a quantity of less than 20.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person sells cigarettes (including cigarettes made from a herbal product) in a package designed—
(a)to hold less than 20 cigarettes; or
(b)to be, or be readily able to be, divided into portions each of which contains less than 20 cigarettes.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
Display of smoking products
An occupier of a retail or wholesale outlet commits an offence if the occupier displays to customers at the outlet a smoking product within, or adjacent to, the outlet.
Maximum penalty: 50 penalty units.
Prohibition on sale of prohibited smoking product
A person commits an offence if the person sells a prohibited smoking product.
Maximum penalty: 50 penalty units.
Part 4Advertising, promotion and sponsorship
Prohibited smoking advertising
(1)A person commits an offence if the person—
(a)sells a film, videotape, DVD or other video recording, or an audio recording, that contains a smoking advertisement; and
(b)is reckless about whether the film, videotape, DVD or other video recording, or audio recording, contains a smoking advertisement.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person—
(a)distributes to the public any unsolicited document that contains a smoking advertisement; and
(b)is reckless about whether the document contains a smoking advertisement.
Maximum penalty: 50 penalty units.
Examples—unsolicited documents—par (a)
1 leaflet
2 handbill
(3)A person commits an offence if the person—
(a)places, displays or broadcasts a smoking advertisement (including a smoking advertisement for a tobacco product at or on a place where tobacco products are for sale); and
(b)is reckless about whether the advertisement is visible or audible in or from a public place.
Maximum penalty: 50 penalty units.
(4)This section does not apply in relation to—
(a)a smoking advertisement that is an accidental or incidental accompaniment to a film, videotape, DVD or other video recording, or an audio recording; or
(b)a single price ticket at a point of sale for each product line for sale (or usually available for sale) at the point of sale; or
(c)a personal use advertisement; or
(d)a smoking advertisement that is displayed at a point of sale if the advertisement—
(i)is to the effect that smoking products are offered for sale to people who are 18 years old or older; and
(ii)is the only smoking advertisement (other than a price ticket mentioned in paragraph (b)) displayed at the point of sale; and
(iii)does not contain a trademark or brand name, or part of a trademark or brand name, of a smoking product; and
(iv)does not contain the name of a manufacturer or distributor of a smoking product; and
(v)is not larger than A5 paper size (148mm x 210mm); or
(e)a document ordinarily used in the course of business.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
(5)In this section:
personal use advertisement means the placement, display or broadcast of a smoking advertisement, or of an object displaying a smoking advertisement, in the course of the personal use of the advertisement or object, unless the placement, display or broadcast—
(a)is for a direct or indirect financial benefit; or
(b)is undertaken in the course of a business that involves the sale of smoking products or the management of a retail outlet.
Example—personal use
The wearing of a T-shirt displaying a smoking advertisement by a person who is not paid to wear the T-shirt.
public place means a place to which the public or a section of the public has access, whether—
(a)by payment, membership of a body or otherwise; or
(b)by entitlement or permission.
Examples—public places
1 business premises, including professional, trade and commercial premises and wholesale outlets
2 a cinema or theatre
3 a club, hotel or motel
4 a community centre, hall or public library
5 government premises
6 a hostel or nursing home
7 a place of worship
8 a public transportation vehicle (including, a bus, taxi or boat)
9 a restaurant or cafeteria
10 a school, college or university
11 a shopping centre, mall or plaza
12 sporting or recreational premises.
Removal of smoking advertisements
(1)If an authorised officer believes on reasonable grounds that a person has contravened section 23 (3), the officer may give the person a written notice requiring the relevant smoking advertisement to be removed, or obscured, in a specified way, within 3 days after the notice is given.
(2)A notice must include the following statements:
(a)a statement to the effect that the person may be prosecuted for an offence against section 23 (3) (Prohibited smoking advertising) if the notice is contravened;
(b)a statement to the effect that the person may also be prosecuted for an offence under subsection (3) for each day during any part of which the contravention continues.
(3)A person commits an offence if the person contravenes a notice under subsection (1).
Maximum penalty (for each day): 5 penalty units.
NoteSee the Legislation Act, s 193 (Continuing offences).
(4)Conviction for an offence against subsection (3) in relation to a notice about a contravention of section 23 (3) does not prevent conviction for an offence against section 23 (3) in respect of the contravention.
(5)Proceedings against a person for an offence against section 23 (3)—
(a)must not be commenced unless a notice is given to the person under subsection (1); and
(b)must not be commenced until after the period specified in the notice; and
(c)must not be commenced if the relevant smoking advertisement is removed or obscured in accordance with that notice.
(6)If a person is convicted of an offence against section 23 (3), the court, in addition to imposing any other penalty, may order that the relevant smoking advertisement be removed, or obscured, by the Territory.
(7)If a smoking advertisement is removed, or obscured, in accordance with an order under subsection (6), the person convicted of the relevant offence must pay the Territory the reasonable costs incurred in removing or obscuring the advertisement.
Smoking product promotions
(1)A person commits an offence if—
(a)the person sells or distributes an object or entitlement; and
(b)the object or entitlement promotes 1 or more of the following things:
(i)a smoking product, or the purchase or use of a smoking product;
(ii)a trademark or brand name, or part of a trademark or brand name, of a smoking product;
(iii)the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.
Maximum penalty: 50 penalty units.
(2)For subsection (1), an object or entitlement sold or distributed by a person promotes a thing mentioned in subsection (1) (b) if a reasonable person would believe that the object or entitlement promotes, or is likely to promote, the thing.
(3)In applying this section in relation to an object that is a sound recording, a video recording or a computer storage device, a reference to the promotion of a thing is a reference to the promotion of the thing by aural or visible material that the object is reasonably capable of producing, or of causing to be produced, in its normal use.
(4)In this section:
entitlement means an entitlement to goods or services, or to a reduced price for goods or services.
object does not include a smoking product.
25AProhibition of smoking product sales contributing to customer reward scheme
(1)A person commits an offence, if in direct or indirect association with the sale of a smoking product, the person provides, or offers to provide, any of the following benefits:
(a)a prize, gift or discount;
(b)a voucher, ticket or other thing that allows a person access to a prize, gift or discount;
(c)points or credit in a customer reward scheme that allows a person to qualify for a thing mentioned in paragraph (a) or (b) by accumulating a number of points, or credit, in association with purchases.
Maximum penalty: 50 penalty units.
Example—par (b)
discount petrol vouchers offered by a supermarket chain
Example—par (c)
a shopping rewards program offered by a group of participating businesses, members of which accumulate points by making purchases at those businesses, and redeem the points for rewards
(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that it was not reasonably practicable to identify that the sale of the smoking product was associated with the provision of, or offer to provide, the benefit.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
Smoking product giveaways
(1)A person commits an offence if—
(a)the person supplies a smoking product for free; and
(b)the supply promotes the sale of any smoking product for value.
Maximum penalty: 50 penalty units.
(2)For subsection (1), the supply by a person of a smoking product for free promotes the sale of a smoking product for value if a reasonable person would believe that the supply promotes, or is likely to promote, the sale.
(3)In this section:
promote includes induce.
supply includes offer or expose.
Competitions that promote smoking products etc
(1)A person commits an offence if the person—
(a)conducts a competition; and
(b)the competition promotes 1 or more of the following things:
(i)a smoking product, or the purchase or use of a smoking product;
(ii)a trademark or brand name, or part of a trademark or brand name, of a smoking product;
(iii)the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.
Maximum penalty: 50 penalty units.
(2)For subsection (1), a competition conducted by a person promotes a thing mentioned in subsection (1) (b) if a reasonable person would believe that the competition promotes, or is likely to promote, the thing.
(3)A person commits an offence if the person—
(a)conducts a competition; and
(b)the competition has a direct or indirect association with the sale or consumption of a smoking product, or of smoking products generally.
Maximum penalty: 50 penalty units.
(4)For subsection (3), a competition conducted by a person has a direct or indirect association with a thing mentioned in subsection (3) (b) if a reasonable person would believe that the competition has, or would have, a direct or indirect association with the thing.
Prohibition of sponsorships
(1)A person commits an offence if—
(a)the person promotes or agrees to promote, under a contract, agreement, undertaking or understanding, whether or not legally binding—
(i)a smoking product, or the use of a smoking product; or
(ii)a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
(iii)the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product; and
(b)the person does so in exchange for a sponsorship, gift, prize, scholarship or similar benefit given or agreed to be given by someone else.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person gives or agrees to give, under a contract, agreement, undertaking or understanding, whether or not legally binding, a sponsorship, gift, prize, scholarship or similar benefit; and
(b)the person does so in exchange for the promotion of, or an agreement to promote, a thing mentioned in subsection (1) (a).
Maximum penalty: 50 penalty units.
(3)This section does not apply in relation to a scholarship given, or agreed to be given, by a manufacturer or distributor of a smoking product to an employee, or a family member of an employee, of the manufacturer or distributor.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)In this section:
family member, of a person, means—
(a)the person’s domestic partner; or
(b)a parent, step-parent or grandparent of the person; or
(c)a child, stepchild or grandchild of the person; or
(d)a brother, sister, stepbrother or stepsister of the person.
Part 6Enforcement
Interpretation for pt 6
(1)In this part:
occupier, of premises, includes a person believed on reasonable grounds to be an occupier of the premises.
offence means any conduct (whether an act or omission) that constitutes, or is believed on reasonable grounds to constitute, an offence against this Act.
(2)For this part, a thing (including a document) is connected to an offence if there are reasonable grounds for believing that—
(a)it is a thing in relation to which the offence has been committed;
(b)it will afford evidence of the commission of the offence; or
(c)it was used, or is or was intended to be used, for committing an offence.
Authorised officers
(1)The director‑general may appoint a public servant as an authorised officer.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)The following are also authorised officers:
(a)the commissioner;
(b)a public health officer under the Public Health Act 1997;
(c)a police officer;
(d)an investigator under the Fair Trading (Australian Consumer Law) Act 1992.
Exercise of powers by authorised officers who are police officers
The powers conferred by this part on an authorised officer who is a police officer are additional to the powers the officer may exercise in their capacity as a police officer.
Identity cards
(1)The director‑general must give an authorised officer an identity card stating the person’s name and position.
(2)This section applies only to an authorised person appointed under section 32 (1).
(3)The identity card must show—
(a)a recent photograph of the person; and
(b)the card’s date of issue and expiry; and
(c)anything else prescribed by regulation.
(4)A person commits an offence if the person—
(a)stops being an authorised officer; and
(b)does not return the person’s identity card to the director‑general not later than 7 days after the day the person stops being an authorised officer.
Maximum penalty: 1 penalty unit.
(5)An offence against this section is a strict liability offence.
Powers of entry
(1)An authorised officer may, for this Act—
(a)enter the premises of any retail outlet or wholesale outlet at any time at which smoking products are available for sale at the outlet; or
(b)enter any premises at any time with the consent of the occupier; or
(c)enter any premises pursuant to a search warrant under section 40.
(2)An authorised officer may enter premises under subsection (1)—
(a)with such assistance as is necessary and reasonable; and
(b)when entering pursuant to a search warrant, with such force as is necessary and reasonable.
(3)An authorised officer who enters premises under subsection (1) is not authorised to remain on the premises if, when asked by the occupier, the officer does not produce their identity card.
Consent to entry
(1)Before obtaining the consent of an occupier to enter premises, an authorised officer must—
(a)produce their identity card; and
(b)tell the occupier that they may refuse to give consent.
(2)If an authorised officer obtains the consent of an occupier to enter premises, the officer must ask the occupier to sign a written acknowledgment of—
(a)the fact that the occupier has been told that they may refuse to give consent; and
(b)the fact that the occupier has voluntarily given consent; and
(c)the date and time when the consent was given.
(3)In proceedings for this Act, evidence obtained as a result of the entry onto any premises by an authorised officer under section 35 (1) (b) is inadmissible unless an acknowledgment under subsection (2) is produced in evidence.
(4)An entry to premises by an authorised officer in reliance on the occupier’s consent is not lawful unless the consent was voluntary.
(5)If—
(a)it is material, in any proceeding, for a court to be satisfied that an occupier’s consent to enter premises was voluntary; and
(b)an acknowledgment under subsection (2) is not produced in evidence;
the court must assume, unless the contrary is proved, that the consent was not voluntary.
Powers of authorised officers
(1)If an authorised officer enters premises under section 35, the officer may, for this Act—
(a)inspect anything on the premises; and
(b)take copies of any documents on the premises; and
(c)take photographs of anything on the premises; and
(d)open and inspect any package on the premises that the officer has reasonable grounds for believing to contain a thing connected with an offence; and
(e)seize anything on the premises connected with an offence; and
(f)require the occupier of the premises, or any person whom the officer has reasonable grounds for believing to be an employee or agent of the occupier (if present in their capacity as employee or agent), or otherwise to be concerned in the occupier’s business at the premises, to do any or all of the following:
(i)make available anything on the premises;
(ii)provide information;
(iii)answer questions.
(2)A person commits an offence if the person fails to take reasonable steps to comply with a requirement made of the person under subsection (1) (f).
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
Provision of information under s 37 (f)—claim of privilege
(1)This section applies if an authorised officer requires a person to provide information, or to answer questions, under section 37 (f) (ii) or (iii).
(2)Before the person provides the information, or answers the questions, the officer must—
(a)produce their identity card; and
(b)tell the person that they need not comply with the requirement in relation to any information in respect of which they are entitled to claim, and does claim, legal professional privilege, or privilege against self-incrimination.
NoteThe Legislation Act 2001, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
(3)The officer must ask the person to sign a written acknowledgment of—
(a)the fact that the person has been told that they need not comply with the requirement in relation to any information in respect of which they are entitled to claim, and does claim, legal professional privilege or privilege against self‑incrimination; and
(b)the fact that the person has, or has not, claimed legal professional privilege, or privilege against self-incrimination, in relation to information specified in the acknowledgment; and
(c)the date and time when the requirement was made.
(4)In proceedings for this Act, evidence obtained as a result of the requirement is inadmissible unless an acknowledgment under subsection (3) is produced in evidence.
Power to require name and address
(1)An authorised officer may require a person to state the person’s name and home address if the officer believes on reasonable grounds that the person—
(a)is committing or has committed an offence against this Act; or
(b)can provide evidence of the commission of an offence against this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)The authorised officer must tell the person the reason for the requirement and, as soon as practicable, record the reason.
(3)The authorised officer must also produce their identity card for inspection by the person.
(4)A person must comply with a requirement made of the person under subsection (1) if the authorised officer—
(a)told the person the reason for the requirement; and
(b)produced their identity card for inspection by the person.
Maximum penalty: 10 penalty units.
(5)An offence against this section is a strict liability offence.
Search warrants
(1)This section applies if—
(a)an information is laid before a magistrate by a police officer alleging that an authorised officer has reasonable grounds for suspecting that there may be on premises anything of a particular kind connected with a particular offence; and
(b)the information sets out those grounds.
(2)If this section applies, the magistrate may issue a search warrant authorising the authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable—
(a)to enter the premises described in the warrant; and
(b)to search the premises for things referred to in paragraph (1) (a); and
(c)to exercise any power under section 37 in relation to those things.
(3)A magistrate may issue a search warrant only if—
(a)the informant or someone else has given the magistrate, either orally or by affidavit, any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; and
(b)the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(4)A search warrant must—
(a)state the purpose for which it is issued, including a reference to the nature of the offence in connection with which the entry and search are authorised; and
(b)state that the entry is authorised at any time of the day or night, or specify particular hours when the entry is authorised; and
(c)include a description of the kind of things in relation to which the powers under section 37 may be exercised; and
(d)specify a date (not later than 1 month after the warrant is issued) when the warrant will cease to have effect.
Seized items
(1)A seized item must be returned to its owner, or compensation must be paid to the owner by the Territory for the loss of the item, if—
(a)a prosecution for an offence relating to the item is not instituted within 90 days of the seizure; or
(b)the court does not find the offence proved in a prosecution for an offence relating to the item.
(2)A seized item is forfeited to the Territory if—
(a)a court finds an offence relating to the item proved; and
(b)the court so orders.
(3)If subsection (2) (a) applies, but a court does not make an order under subsection (2) (b), the seized item must be returned to its owner, or compensation must be paid to the owner by the Territory for the loss of the item.
(4)In this section:
compensation means compensation on just terms.
seized item means a thing seized by an authorised officer under section 37 (e).
Part 6ATobacco compliance testing
42ADefinitions—pt 6A
In this part:
approved procedures means procedures approved under section 42D (1) for carrying out an approved program of compliance testing.
approved program means a program of compliance testing approved under section 42C (1).
authorised officer does not include a police officer.
compliance test—see section 42B.
conduct—see the Criminal Code, section 13.
engage in conduct—see the Criminal Code, section 13.
purchase assistant—see section 42B (1) (a).
young person means a child who is 15 years old or older.
42BWhat is a compliance test?
(1)A compliance test—
(a)involves a young person (a purchase assistant), under the supervision of an authorised officer, purchasing, or trying to purchase, smoking products from tobacco licence-holders; and
(b)is carried out to obtain evidence that may lead to the prosecution of a person, or other action being taken against a person, for an offence against section 14 (Supply of smoking product to under 18 year olds) in relation to a smoking product; and
Example of other action
disciplinary action under division 7.3 against a tobacco licence-holder
(c)may involve the purchase assistant and the authorised officer engaging in conduct that would, apart from section 42F (Lawfulness of compliance testing), be an offence against a territory law.
(2)In this section:
tobacco licence—see section 43.
tobacco licence-holder means someone who holds a tobacco licence.
42CApproval of compliance testing programs
(1)The Minister may approve a program of compliance testing.
(2)However, the Minister must not approve a program of compliance testing unless—
(a)the Minister is satisfied that the program is necessary to deter the sale of smoking products to children in the area where the program will operate; and
(b)the program states the area where the program will operate and when the program begins and ends; and
(c)the program is not longer than 3 months; and
(d)the Minister has approved procedures under section 42D.
Examples of considerations for par (a)
1 evidence of sales to children in the area where the program will operate
2 the success of other enforcement methods
3 the results of previous compliance tests in the area where the program will operate
4 the period since compliance testing was previously carried out in the area where the program will operate
42DApproval of compliance testing procedures
(1)The Minister may approve procedures for carrying out approved programs of compliance testing.
(2)The Minister must not approve procedures under subsection (1) unless satisfied that the procedures—
(a)provide that, in carrying out a compliance test, a purchase assistant’s welfare is paramount; and
(b)appropriately protect a purchase assistant’s health and safety; and
(c)allow a purchase assistant to stop taking part in a compliance test at any time during the test; and
(d)ensure that, as far as practicable, a purchase assistant’s identity is protected during a compliance test; and
(e)require a purchase assistant to be, as far as practicable, indistinguishable from other purchasers and to look like a young person; and
(f)require a purchase assistant not to lie to anyone about how old the assistant is during a compliance test; and
(g)only allow a compliance test to take place during normal business hours or at any other time when the premises where the test takes place is being used in relation to the seller’s normal business; and
(h)comply with anything else prescribed by regulation.
(3)An approval under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
42ECarrying out of compliance testing
(1)An authorised officer may carry out a compliance test in accordance with an approved program and the approved procedures.
(2)An authorised officer may use a young person as a purchase assistant in a compliance test only if the young person, and at least 1 person who has parental responsibility under the Children and Young People Act 2008, division 1.3.2 for the young person, have given informed consent to the young person being a purchase assistant.
NoteIf 2 or more people share parental responsibility for a child or young person, any of them may discharge the responsibility (see Children and Young People Act 2008, s 18 (2)).
(3)Each consent under subsection (2) must be in writing.
(4)In this section:
informed consent, by a person, means consent given by the person after the following matters have been explained to the person:
(a)a purchase assistant’s role in a compliance test, including the assistant’s role in any prosecution of a person for an offence against section 14 (Supply of smoking product to under 18 year olds);
(b)the effect of section 42F and section 42G (Indemnification of authorised officers and purchase assistants);
(c)anything else required by the approved procedures.
42FLawfulness of compliance testing
(1)Despite any other territory law, conduct engaged in honestly by an authorised officer is not unlawful, and is not an offence by the officer, if the conduct is engaged in for the purpose of carrying out a compliance test in accordance with an approved program and the approved procedures.
(2)Despite any other territory law, conduct engaged in honestly by a purchase assistant is not unlawful, and is not an offence by the assistant, if—
(a)the conduct is engaged in for the purpose of carrying out a compliance test; and
(b)the assistant acts in accordance, or substantially in accordance, with the instructions (if any) of an authorised officer supervising the compliance test.
(3)However, this section does not—
(a)authorise a purchase assistant to enter or be in a place that it would be otherwise unlawful for the assistant to enter or be in; or
(b)prevent action being taken against an authorised officer under the Public Sector Management Act 1994 in relation to a failure by the authorised officer or a purchase assistant to comply with approved procedures.
Example for par (a)
a gaming area under the Gaming Machine Act 2004
42GIndemnification of authorised officers and purchase assistants
(1)An authorised officer is not civilly liable for conduct engaged in for the purpose of carrying out a compliance test in accordance with an approved program and the approved procedures.
(2)A purchase assistant is not civilly liable for conduct engaged in for the purpose of carrying out a compliance test if the assistant acts in accordance, or substantially in accordance, with the instructions of an authorised officer for the test.
(3)However, this section does not prevent action being taken against an authorised officer under the Public Sector Management Act 1994 in relation to a failure of the authorised officer or a purchase assistant to comply with approved procedures.
(4)Any liability that would, apart from this section, attach to an authorised officer or purchase assistant attaches instead to the Territory.
Part 7Licences
Division 7.1 Interpretation
Definitions for pt 7
In this part:
licensee means the holder for the time being of a tobacco licence.
retail tobacconist’s licence means a retail tobacconist’s licence granted under section 47.
tobacco licence means a retail tobacconist’s licence or a wholesale tobacco merchant’s licence.
tobacco retailing—see section 44.
tobacco wholesaling—see section 45.
wholesale tobacco merchant’s licence means a wholesale tobacco merchant’s licence granted under section 47.
Meaning of tobacco retailing
(1)In this part:
tobacco retailing means the business of selling smoking products by retail.
(2)For the definition of tobacco retailing, each of the following facts or circumstances is immaterial:
(a)that the smoking products are sold alone or in conjunction with any other merchandise;
(b)that the business is carried on as part of, or in conjunction with, any other business.
Meaning of tobacco wholesaling
(1)In this part:
tobacco wholesaling means the business of selling smoking products for the purpose of resale or wholesale, and includes any supply of smoking products by way of wholesale to a person or premises within the Territory.
(2)For the definition of tobacco wholesaling, each of the following facts or circumstances is immaterial:
(a)that the smoking products are sold alone or in conjunction with any other merchandise;
(b)that the business is carried on as part of, or in conjunction with, any other business;
(c)that any relevant contract is made outside the Territory or governed by a law other than a law of the Territory;
(d)that the wholesaler is located or registered, or carries on business (wholly or in part), outside the Territory;
(e)that the wholesaler, or another person, has transported the smoking products from outside the Territory.
Liability of employer for acts of employee
In this part, if an employee of a person (the employer)—
(a)sells smoking products; or
(b)carries on the business of selling smoking products;
in the course of their employment, the employer is taken to sell smoking products or to carry on the business of selling smoking products (as the case may be), but the employee is not liable for an offence under this part by reason only of having done so.
Division 7.2 Licences
Application for, and grant of, tobacco licence
(1)A person may apply to the commissioner for a wholesale tobacco merchant’s licence or a retail tobacconist’s licence.
NoteA fee may be determined under s 70 (Determination of fees) for this section.
(2)The applicant must give the commissioner any additional information or documents that the commissioner, in writing, requires the applicant to give to decide the application or for the administration of this Act.
(3)Subject to section 50, the commissioner must, if the applicant has complied with this Act, grant to the applicant the licence applied for.
(4)A licence must state the premises that are to be used in relation to the business in relation to which the licence is granted.
(5)A licence operates as follows:
(a)a wholesale tobacco merchant’s licence authorises the licensee to carry on tobacco wholesaling at the premises, or each of the premises, specified in the licence;
(b)a retail tobacconist’s licence authorises the licensee to carry on tobacco retailing at the premises, or each of the premises, specified in the licence.
(6)If the holder or any of the holders of a tobacco licence asks the commissioner in writing to amend the details of the premises stated in the licence, the commissioner must amend the details.
NoteA fee may be determined under s 70 (Determination of fees) for this section.
(7)A licence cannot be transferred.
Conditions of tobacco licence
(1)The commissioner may specify, in a particular tobacco licence, any conditions to which the licence is subject.
(2)In particular, the conditions may include, for a retail tobacconist’s licence in respect of premises—
(a)subject to section 8 (Numbers of points of sale), the maximum number of points of sale permitted on the premises; and
(b)the permissible locations, on those premises, of the points of sale.
(3)If section 50 (2) (b) applies in respect of an applicant, the commissioner may, instead of refusing under that paragraph to grant a tobacco licence to the applicant, issue the licence subject to the condition that the applicant must undertake, within the specified time, a specified approved training program in relation to the obligations under this Act of a licensee.
(4)The commissioner may, by notice in writing served on a licensee—
(a)specify conditions or further conditions to which the licence is subject; or
(b)vary or cancel any conditions specified in the licence.
Duration of tobacco licence
(1)A tobacco licence commences on the date specified in the licence as its commencement date.
(2)Subject to this Act, a tobacco licence (including a renewed licence) remains in force until the end of 31 August next following the grant of the licence.
49ANo vending machines authorised
The commissioner must not grant or renew a tobacco licence that would authorise the use of a vending machine for the sale of smoking products.
Refusal to grant or renew tobacco licence
(1)The commissioner must not grant or renew a tobacco licence if the commissioner is satisfied, on reasonable grounds, that—
(a)if the applicant holds another licence—the licence applied for would authorise the sale of smoking products at premises while, under a variation of the other licence under section 58 (2) (a), the sale of smoking products at the premises has been prohibited.
(b)the applicant holds another licence that is currently suspended under section 58 (2) (b); or
(c)the applicant is disqualified under section 58 from holding a tobacco licence (other than a disqualification relating to particular premises); or
(d)the licence would be a licence for particular premises and the applicant is disqualified under section 58 from holding a licence for those premises.
(2)The commissioner may refuse to grant or renew a tobacco licence to an applicant if the commissioner is satisfied, on reasonable grounds, that—
(a)the applicant does not sufficiently understand the obligations under this Act of a licensee; or
(b)within the period of 2 years immediately preceding the date when the application is made, 2 offences relating to the sale or supply of smoking products to a person under the age of 18 have been found proved, in the Territory or elsewhere, in respect of the applicant; or
(c)the ACAT would have grounds, if the applicant already held a licence, for cancelling the licence.
(3)For subsection (2) (b), it is immaterial that a conviction was not recorded against the applicant in respect of any offence mentioned in the paragraph.
(4)In subsections (1), (2) and (3), a reference to an applicant for a licence includes—
(a)if the applicant is a corporation—a reference to any director, secretary or other officer of the corporation; and
(b)in any case—a reference to any person who would be concerned in the direction, management or control of the business that would use, or operate under, the licence.
(5)If the commissioner refuses to grant or renew a tobacco licence under this section, the commissioner must refund to the applicant any fee paid in relation to the application.
Renewal of tobacco licence
(1)Subject to section 50 and this section, the commissioner must renew a current tobacco licence on the application of the licensee.
NoteA fee may be determined under s 70 (Determination of fees) for this section.
(2)The licensee must give the commissioner any additional information or documents that the commissioner, in writing, requires the licensee to give to decide the application or for the administration of this Act.
(3)The licensee must give the application, and any additional information or documents, to the commissioner at least 7 days before the licence is to expire.
(4)If the commissioner refuses to renew a tobacco licence, the commissioner must refund any fee paid for a renewal.
Register of tobacco licences
(1)The commissioner must keep a register containing particulars of—
(a)the name of each licensee; and
(b)the number allotted to each licence; and
(c)the prescribed particulars (if any).
(2)The commissioner must make the register available for public inspection at the office of the commissioner during the times when the office is open to the public.
Surrender and termination of tobacco licence
(1)A holder of a tobacco licence may, at any time, by notice in writing to the commissioner, surrender their licence, and the licence then ceases to be in force.
(2)A licence ceases to be in force if the amount of a fee for the grant or renewal of the licence that is due and payable remains unpaid.
Division 7.3 Occupational discipline—licensees
Meaning of licensee—div 7.3
In this division:
licensee means—
(a)a licensee; or
(b)a person who was, but is no longer, a licensee.
Grounds for occupational discipline
Each of the following is a ground for occupational discipline in relation to a licensee:
(a)the licensee has contravened or is contravening this Act;
(b)the licensee has contravened or is contravening a condition of a tobacco licence held by the licensee;
(c)a tobacco licence was granted to the person in error;
(d)a tobacco licence was granted to the person in consequence of a false statement made, or misleading information given, by or on behalf of the person;
(e)the person who holds a tobacco licence has been convicted of an offence under this part;
(f)if the licensee is an individual—
(i)the licensee is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or
(ii)the licensee is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(iii)the licensee becomes bankrupt or personally insolvent;
NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
(g)if the licensee is a corporation—the licensee is being wound up.
Application to ACAT for occupational discipline
If the commissioner believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the commissioner may apply to the ACAT for an occupational discipline order in relation to the licensee.
Orders for occupational discipline
(1)This section applies if the ACAT may make an occupational discipline order in relation to a licensee.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.
(2)In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following orders for occupational discipline in relation to the licensee:
(a)direct the commissioner to vary a tobacco licence held by the person with effect for a stated period of not longer than 5 years—
(i)to impose more stringent requirements than otherwise apply under this Act in relation to a point of sale, a price ticket or smoking advertising on or adjacent to 1 or more of the premises stated in the licence; or
(ii)to impose a condition prohibiting smoking advertising on or adjacent to 1 or more of the premises stated in the licence; or
(iii)to impose conditions relating to the sale of smoking products to people under 18 years old; or
(iv)to impose a condition prohibiting the sale of smoking products at 1 or more of the premises stated in the licence;
(b)if the ACAT suspends a licensee’s licence—suspend any other tobacco licence held by the licensee for a stated period of not longer than 3 months;
(c)if the ACAT cancels a licensee’s licence—disqualify the person from holding a tobacco licence, or from holding a tobacco licence for stated premises, for a stated period of not longer than 5 years.
NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.
(3)If the only ground for occupational discipline in relation to a licensee is the ground under section 56 (c) (which is about a licence granted to a person in error), the ACAT must only cancel the licence to which the section relates.
(4)If a person is convicted of an offence against this Act for the 2nd time within 2 years (whether or not the convictions are for offences against the same provision of this Act), the ACAT must—
(a)cancel each tobacco licence held by the person; and
(b)disqualify the person from holding a tobacco licence for 5 years after notice of the cancellation is given to the person.
Division 7.4 Offences
Failure to return tobacco licence
(1)A licensee commits an offence if—
(a)the commissioner varies the licensee’s licence; and
(b)the commissioner gives the licensee notice of the variation; and
(c)the licensee does not return the licence to the commissioner within 14 days after the day the licensee is given the notice.
Maximum penalty: 5 penalty units.
(2)A licensee commits an offence if—
(a)the ACAT suspends or cancels the licensee’s licence; and
(b)the ACAT gives the licensee notice of the suspension or cancellation; and
(c)the licensee does not return the licence to the commissioner within 14 days after the day the licensee is given the notice.
Maximum penalty: 5 penalty units.
(3)An offence against this section is a strict liability offence.
Disqualification
(1)A person commits an offence if the person—
(a)is disqualified under division 7.3 (Disciplinary action) from holding a tobacco licence for a stated period; and
(b)is involved in the direction, management or control of a tobacco retailing business during the period.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person commits an offence if the person—
(a)is disqualified under division 7.3 from holding a tobacco licence for particular premises for a stated period; and
(b)is involved in the direction, management or control of a tobacco retailing business at the premises during the period.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Selling smoking products without, or in contravention of, tobacco licence
(1)A person commits an offence if the person—
(a)is not a licensee; and
(b)sells a smoking product.
Maximum penalty: 50 penalty units.
(2)A licensee commits an offence if the licensee contravenes a condition of the licensee’s licence.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Tobacco wholesaling—offences
(1)A person commits an offence if the person—
(a)carries on tobacco wholesaling; and
(b)is not the holder of a wholesale tobacco merchant’s licence.
Maximum penalty: 100 penalty units.
(2)A person commits an offence if the person—
(a)carries on tobacco wholesaling; and
(b)sells smoking products to someone who is not a licensee.
Maximum penalty: 100 penalty units.
(3)It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
(a)under the contract of sale, the smoking products were to be delivered by the seller to the buyer outside the ACT, and that no part of the smoking products has been delivered by the seller to the buyer in the ACT; or
(b)if the contract did not state that the smoking products were to be delivered outside the ACT, the parties intended the smoking products to be delivered outside the ACT, and that no part of the smoking products has been delivered by the seller to the buyer in the ACT; or
(c)the defendant believed on reasonable grounds that the person to whom the smoking product was sold was a licensee.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
(4)A person commits an offence if the person—
(a)is not the holder of a wholesale tobacco merchant’s licence; and
(b)sells a smoking product to someone else for sale in a vending machine.
Maximum penalty: 100 penalty units.
Tobacco retailing—offences
(1)A person commits an offence if the person—
(a)carries on tobacco retailing; and
(b)is not the holder of a retail tobacconist’s licence.
Maximum penalty: 50 penalty units.
(2)The holder of a retail tobacconist’s licence commits an offence if—
(a)the holder carries on the business of selling smoking products at premises; and
(b)the premises are not stated in the licence as premises that are to be used in relation to the business.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Display of licence details
(1)The holder of a wholesale tobacco merchant’s licence commits an offence if the holder fails to display a licence details notice in a prominent place at each premises at which the holder carries on business as the holder of the licence.
Maximum penalty: 5 penalty units.
(2)The holder of a retail tobacconist’s licence commits an offence if the holder—
(a)carries on business as the holder of the licence at premises; and
(b)fails to display a licence details notice at or in close proximity to the point of sale (or, if there is more than 1 point of sale, 1 of the points of sale) at the premises.
Maximum penalty: 5 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
licence details notice, in relation to the holder of a licence, means a notice stating—
(a)the holder’s name; and
(b)the licence number.
Licensee stops carrying on business
(1)A licensee commits an offence if the licensee—
(a)stops carrying on business under the licence; and
(b)fails to tell the commissioner, in writing, that the licensee has stopped carrying on business under the licence as soon as practicable, but not later than 7 days, after the day the person stops carrying on business.
Maximum penalty: 5 penalty units.
(2)An offence against this section is a strict liability offence.
Endorsement on wholesale tobacco merchant’s invoices
(1)The holder of a wholesale tobacco merchant’s licence commits an offence if—
(a)the holder issues an invoice in relation to the sale of a smoking product; and
(b)the invoice does not state, in upper case letters, ‘SOLD BY LICENSED ACT WHOLESALER’.
Maximum penalty: 5 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
(3)A person commits an offence if the person—
(a)is not the holder of a wholesale tobacco merchant’s licence; and
(b)issues an invoice in relation to the sale of a smoking product that indicates (expressly or impliedly) that the person holds the licence.
Maximum penalty: 50 penalty units.
Retail tobacconist must obtain smoking products from licensed wholesaler
(1)The holder of a retail tobacconist’s licence commits an offence if the holder obtains a smoking product from someone who is not the holder of a wholesale tobacco merchant’s licence.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant obtained the smoking product for a purpose other than retail sale.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
Division 7.5 Notification and review of decisions
Meaning of reviewable decision—div 7.5
In this division:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
69AApplications for review
The following may apply to the ACAT for review of a reviewable decision:
(a)an entity mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
Division 7.6 Miscellaneous
Determination of fees
(1)The Minister must determine—
(a)the fee payable annually for the grant or renewal of a wholesale tobacco merchant’s licence; and
(b)the fee payable annually for the grant or renewal of a retail tobacconist’s licence.
(2)The Minister may determine fees for this Act (including this part).
NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(3)The Minister may determine the fee payable for a retail tobacconist’s licence by reference to the number of premises, or points of sale, specified in the licence.
(4)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Recovery of unpaid fees from unlicensed people
(1)If a person was required by this part to hold a tobacco licence in respect of any period, but did not do so, the person is liable to pay to the commissioner an amount equal to the fee that would have been payable for the licence had they applied for or held the licence.
(2)The commissioner may assess the amount of the fee as if the person had applied for the licence, even though the commissioner may have made or purported to have made such an assessment.
(3)Notice of the assessment under this section must be served by the commissioner on the person.
(4)Any amount assessed under this section that is unpaid is a debt due to the Territory.
(5)Proceedings may not be commenced for the purpose of recovering an amount assessed under this section until the expiration of 1 month after service of notice of the assessment under subsection (3).
(6)A certificate purporting to be signed by the commissioner and stating that a specified amount is the amount assessed under this section in respect of a specified person is evidence of the matters so certified.
Part 8Miscellaneous
Acts and omissions of representatives
(1)In this section:
person means an individual.
NoteSee the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
representative, of a person, means an employee or agent of the person.
state of mind, of a person, includes—
(a)the person’s knowledge, intention, opinion, belief or purpose; and
(b)the person’s reasons for the intention, opinion, belief or purpose.
(2)This section applies to a prosecution for any offence against this Act.
(3)If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
(a)the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b)the representative had the state of mind.
(4)An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.
(5)However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
(6)A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(2)The regulations may prescribe the records a licensee or a person involved in the direction, management or control of a tobacco retailing or wholesaling business must keep in relation to the purchase or sale of smoking products.
(3)A regulation may prescribe requirements that must be complied with in relation to the location or storage of smoking products.
(4)The regulations may apply, adopt or incorporate, entirely or in part and with or without changes, a publication (including an Act or regulation of another jurisdiction), as in force at a stated time or from time to time.
(5)The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 20 penalty units for offences against the regulations.
Schedule 1Reviewable decisions
(see div 7.5)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 48 (1) | state conditions to which licence is subject | licensee |
| 2 | 50 | refuse to grant or renew licence | applicant for licence or renewal |
| 3 | 51 | refuse to renew licence | applicant for renewal |
Dictionary
(see s 2)
Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
· ACAT
· Australian driver licence
· bankrupt or personally insolvent
· child
· contravene
· document
· domestic partner (see s 169 (1))
· exercise
· external territory
· found guilty (of an offence)
· function
· home address
· occupational discipline order
· police officer
· public health officer
· reviewable decision notice.
approved procedures, for part 6A (Tobacco compliance testing)—see section 42A.
approved program, for part 6A (Tobacco compliance testing)—see section 42A.
authorised officer—
(a)means an authorised officer under section 32; but
(b)for part 6A (Tobacco compliance testing)—see section 42A.
cigar—
(a)means a roll of cut tobacco for smoking that is enclosed in tobacco leaf or the leaf of another plant; and
(b)includes any other smoking product prescribed as a cigar under the regulations.
commissioner means the commissioner for fair trading.
compliance test, for part 6A (Tobacco compliance testing)—see section 42B.
conduct, for part 6A (Tobacco compliance testing)—see the Criminal Code, section 13.
connected, for part 6 (Enforcement)—see section 31.
engage in conduct, for part 6A (Tobacco compliance testing)—see the Criminal Code, section 13.
food includes confectionery.
ground for occupational discipline, for division 7.3 (Occupational discipline—licensees)—see section 56.
herbal product—
(a)means a product prepared for smoking that contains a herb or other plant matter; but
(b)does not contain tobacco or a controlled drug within the meaning of the Criminal Code, chapter 6 (Serious drug offences).
identity card means—
(a)in relation to a public health officer under the Public Health Act 1997—the identity card issued to the officer under that Act;
(b)in relation to a police officer—proof of identification of a type approved for general purposes by the chief police officer; or
(c)in relation to any other authorised officer—the identity card issued to the officer under section 34.
immediate package, of a smoking product, means a package containing the product—
(a)in the case of a smoking product other than cigars—not including a package containing a further package or packages of the product; and
(b)in the case of cigars—
(i)including a package constituted by the individual wrapping of a cigar, and a package containing individually-wrapped or unwrapped cigars; but
(ii)not including any other package containing a further package or packages of cigars (whether wrapped or unwrapped).
import means import into the ACT for sale.
licensee—
(a)for part 7 (Licences)—see section 43; and
(b)for division 7.3 (Occupational discipline—licensees)—see section 55.
occupier, of premises—
(a)for this Act generally—means a person having the management or control, or otherwise being in charge, of the premises; and
(b)for part 6 (Enforcement)—see section 31.
offence, for part 6 (Enforcement)—see section 31.
personal vaporiser—see section 3B.
personal vaporiser related product—see section 3B.
point of sale means a place, identified in accordance with the regulations (if any), where smoking products are sold within a retail outlet or wholesale outlet.
premises includes a vehicle, vessel or aircraft, and a permanent or temporary structure.
price ticket—see section 4.
product line means a kind of smoking product distinguishable from other kinds by 1 or more of the following characteristics:
(a)brand;
(b)flavour (including menthol flavour);
(c)nicotine or tar content;
(d)the number of items in the immediate package in which it is sold;
(e)for cigars—by the fact that the cigars of the type in question are sold individually (whether or not cigars of the same type are also sold, packaged in multiples, in a different product line).
prohibited smoking product—see section 3D.
purchase assistant, for part 6A (Tobacco compliance testing)—see section 42B (1) (a).
retail outlet means premises where smoking products are available for sale by retail.
retail tobacconist’s licence, for part 7 (Licences)—see section 43.
reviewable decision, for division 7.5 (Notification and review of decisions)—see section 68.
sell—see section 5.
smoking advertisement—see section 6.
smoking product—see section 3A.
smoking product package means a package that—
(a)is of a kind commonly used for smoking products; or
(b)includes a symbol, design or words that indicate that the package contains a smoking product, or a particular product line of a smoking product.
therapeutic vaping good—see section 3C.
tobacco licence, for part 7 (Licences)—see section 43.
tobacco product means tobacco, or something containing tobacco, prepared for human consumption (including a cigarette or cigar).
tobacco retailing, for part 7 (Licences)—see section 44.
tobacco wholesaling, for part 7 (Licences)—see section 45.
vaping good—see section 3C.
vending machine means a machine or device from which smoking products can be obtained, including by 1 or more of the following:
(a)electronic funds transfer;
(b)inserting money, a token or another object.
Example—other objects—par (b)
1 credit card
2 debit card
3 key
wholesale outlet means premises where smoking products are available for sale exclusively by wholesale.
wholesale tobacco merchant’s licence, for part 7 (Licences)—see section 43.
young person, for part 6A (Tobacco compliance testing)—see section 42A.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Tobacco Ordinance 1927 No 14 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments.
This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989
(self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day). The Act was later renamed by the Smoke-Free Legislation Amendment Act 2016 A2016-20 (see amdt 1.3).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).
Legislation before becoming Territory enactment
Tobacco and Other Smoking Products Act 1927 A1927‑14
notified 23 June 1927
commenced 23 June 1927as amended by
Tobacco Ordinance 1936 Ord1936‑10
notified 2 April 1936
commenced 2 April 1936Tobacco Ordinance 1937 Ord1937‑19
notified 16 December 1937
commenced 16 December 1937Ordinances Revision Ordinance 1937 Ord1937‑27
notified 23 December 1937
commenced 23 December 1937Tobacco Ordinance 1957 Ord1957‑10
notified 31 October 1957
commenced 31 October 1957Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966‑19
notified 23 December 1966
commenced 23 December 1966Legislation after becoming Territory enactment
Tobacco (Amendment) Act 1990 A1990‑39
notified 7 November 1990 (Gaz 1990 No S76)
s 1, s 2 commenced 7 November 1990 (s 2 (1))
s 5 (in pt) commenced 1 March 1991 (s 2 (2) and Gaz 1991 No S10)
remainder commenced 1 January 1991 (s 2 (2) and Gaz 1990 No S94)Acts Revision (Position of Crown) Act 1993 A1993‑44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)Tobacco (Amendment) Act 1993 A1993‑98
notified 24 December 1993 (Gaz 1993 No S267)
commenced 24 December 1993 (s 2)
Public Health (Miscellaneous Provisions) Act 1997 A1997‑70 sch 1
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
sch 1 commenced 13 August 1998 (s 2 (2), s 43 (1) and Gaz 1998 No S185)Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)Tobacco (Amendment) Act 1999 A1999‑57
notified 10 November 1999 (Gaz 1999 No 45)
ss 1-3 and s 17 commenced 10 November 1999 (s 2 (1))
s 13 commenced 10 November 2000 (s 2 (4))
remainder commenced 10 May 2000 (s 2 (3) and IA s 10E)Tobacco Amendment Act 2000 A2000‑16
notified 20 April 2000 (Gaz 2000 No 16)
s 1,s 2 commenced 20 April 2000 (s 2 (1))
s 7 commenced 1 September 2000 (s 2 (2))
remainder commenced 1 July 2000 (s 2 (3))Smoking Products Legislation Amendment Act 2000 A2000‑53 pt 2 and sch 1
notified 5 October 2000 (Gaz 2000 No 40)
s 9, s 10 commenced 11 November 2000 (s 2 (2))
pt 2 remainder and sch 1 commenced 5 October 2000 (s 2 (1))Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 383
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 383 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Tobacco Amendment Act 2001 A2001‑68
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
remainder commenced 17 September 2001 (s 2)Legislation Amendment Act 2002 A2002‑11 pt 2.47
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.47 commenced 28 May 2002 (s 2 (1))Statute Law Amendment Act 2002 A2002‑30 pt 3.82
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
amdt 3.906 taken to have commenced 5 October 2000 (s 2 (2))
pt 3.82 remainder commenced 17 September 2002 (s 2 (1))Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.36, sch 2 pt 2.90
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.36, sch 2 pt 2.90 commenced 9 April 2004 (s 2 (1))Tobacco (Vending Machine Ban) Amendment Act 2004 A2004-49 pt 2
notified LR 16 August 2004
s 1, s 2 commenced 16 August 2004 (LA s 75 (1))
s 14 commenced 17 August 2004 (s 2 (1))
pt 2 remainder commenced 1 September 2006 (s 2 (2))Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 15
notified LR 23 February 2005
s 1, s 2 commenced 23 February 2005 (LA s 75 (1))
pt 15 commenced 6 March 2005 (s 2 (1) and see Criminal Code (Serious Drug Offences) Amendment Act 2004 A2004-56, s 2 and LA s 79)Casino Control Act 2006 A2006-2 sch 1 pt 1.6
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))sch 1 pt 1.6 commenced 1 May 2006 (s 2 and CN2006-6)
Tobacco (Compliance Testing) Amendment Act 2006 A2006-41
notified LR 24 October 2006
s 1, s 2 commenced 24 October 2006 (LA s 75 (1))remainder commenced 25 October 2006 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.99
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.99 commenced 12 April 2007 (s 2 (1))Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.20
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.20 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.50
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.50 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.98
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.98 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Tobacco Amendment Act 2008 A2008-50
notified LR 15 September 2008
s 1, s 2 commenced 15 September 2008 (LA s 75 (1))
s 3 commenced 16 September 2008 (LA s 75AA)
ss 16-18, s 22 commenced 16 September 2008 (s 2 (1))
remainder commenced 28 February 2009 (s 2 (2) and CN2009-1)Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.75
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.75 commenced 17 December 2009 (s 2)Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.22
notified LR 8 November 2010
s 1, s 2 commenced 8 November 2010 (LA s 75 (1))
sch 1 pt 1.22 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010‑43 amdt 1.19) and CN2010-14)Public Sector Management Amendment Act 2011 A2011-1 s 82
notified LR 23 February 2011
s 1, s 2 commenced 23 February 2011 (LA s 75 (1))
s 82 commenced 18 April 2011 (s 2 and CN2011-5)Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.11
notified LR 17 May 2011
s 1, s 2 commenced 17 May 2011 (LA s 75 (a))
sch 1 pt 1.11 commenced 17 November 2011 (s 2 and LA s 79)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.154
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.154 commenced 1 July 2011 (s 2 (1))Statute Law Amendment Act 2011 (No 3) A2011-52 sch 1 pt 1.7, sch 3 pt 3.52
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 1 pt 1.7, sch 3 pt 3.52 commenced 12 December 2011 (s 2)Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.48
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.48 commenced 5 June 2012 (s 2 (1))Red Tape Reduction Legislation Amendment Act 2014 A2014‑47 pt 17
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
pt 17 commenced 7 November 2014 (s 2)Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.22
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 1 pt 1.22 commenced 3 June 2015 (s 2)Justice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.11
notified LR 29 February 2016
s 1, s 2 commenced 29 February 2016 (LA s 75 (1))
sch 1 pt 1.11 commenced 29 August 2016 (s 2 and LA s 79)Smoke-Free Legislation Amendment Act 2016 A2016-20 pt 4
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
pt 4 commenced 1 August 2016 (s 2 and CN2016-13)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 12
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
pt 12 commenced 2 October 2018 (s 2 (1))Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.58
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.58 commenced 23 June 2021 (s 2 (1))Health Legislation Amendment Act 2022 A2022-24 pt 3
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))
pt 3 commenced 10 December 2022 (s 2)Tobacco and Other Smoking Products (Vaping Goods) Amendment Act 2025 A2025-8
notified LR 17 April 2025
s 1, s 2 commenced 17 April 2025 (LA s 75 (1))
remainder commenced 18 April 2025 (s 2)
Amendment history
Title
titlesub A2000‑53 s 4
Preliminary
pt 1 hdg(prev pt I) ins A1990‑39
renum A2000‑16 s 6 sch 2
Name of Act
s 1sub A2000‑53 amdt 1.1; A2016‑20 s 26
Dictionary
s 2 hdgsub A2000‑53 amdt 1.2
s 2orig s 2 om Ord1957‑10 s 2
ins A1990‑39 s 5
om A1993‑44 sch 2
(prev s 3) om Ord1957‑10 s 2
ins A1990‑39 s 5
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.3; A2001‑44 amdt 1.4023
defs reloc to dict A2002‑30 amdt 3.904
sub A2002‑30 amdt 3.905
am A2008‑50 s 4
def functions ins A1999‑57 s 4
am A2000‑53 amdt 1.4
om A2002‑30 amdt 3.903
def group licence ins A1999‑57 s 4
om A2000‑16 sch 3
def licence om Ord1957‑10 s 2
def newspaper ins A1990‑39 s 5
om A2000‑53 amdt 1.7
def shop ins Ord1936‑10 s 2
om Ord1957‑10 s 2
def shopkeeper ins Ord1937‑19 s 2
om Ord1957‑10 s 2
def smoking ins A1990‑39 s 5
om A2000‑53 amdt 1.7
def the commission om Ord1957‑10 s 2
def the schedule om Ord1957‑10 s 2
def this Act ins A1999‑57 s 4
om A2001‑44 amdt 1.4024
def tobacco advertisement ins A1990‑39 s 5
sub A1999‑57 s 4
am A2000‑16 sch 3
om A2000‑53 s 5
def tobacco licence ins A1999‑57 s 4
sub A2000‑16 sch 3
om A2000‑53 amdt 1.7
def tobacco retailing business ins A1999‑57 s 4
om A2000‑53 amdt 1.7
Notes
s 2Ains A2002‑30 amdt 3.905
Offences against Act—application of Criminal Code etc
s 2Bins A2004‑49 s 5
om A2008‑50 s 5
Offences against Act—application of Criminal Code etc
s 3 hdgsub A2000‑53 amdt 1.8
s 3(prev s 3A) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
om A2008‑50 s 6
ins A2008‑50 s 5
Meaning of smoking product
s 3Ains A2016‑20 s 27
am A2025‑8 s 5
Meaning of personal vaporiser and personal vaporiser related product
s 3Bins A2016‑20 s 27
sub A2025‑8 s 6
Meaning of therapeutic vaping good and vaping good
s 3Cins A2025‑8 s 6
Meaning of prohibited smoking product
s 3Dins A2025‑8 s 6
Meaning of price ticket
s 4 hdgsub A2000‑53 amdt 1.8
s 4(prev s 3B) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
sub A2008‑50 s 6
am A2011‑52 amdt 3.191
Meaning of sell
s 5 hdgsub A2000‑53 amdt 1.8
s 5(prev s 3C) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
Meaning of smoking advertisement
s 6 hdgsub A2000‑53 s 6, amdt 1.8
s 6(prev s 3D) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
am A2000‑53 s 6
Publications of name of manufacturer etc
s 7 hdgsub A2000‑53 amdt 1.8
s 7(prev s 3E) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.74, amdt 1.76, amdt 1.77; A2008‑50 s 7
Points of sale
pt 2 hdg(prev pt 1A hdg) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 2
sub A2008‑50 s 8
Numbers of points of sale
s 8(prev s 3F) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
am A2000‑53 amdts 1.74-1.77
sub A2008‑50 s 8
am A2010‑43 amdt 1.69
Location of smoking products
s 9(prev s 3G) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.76, amdt 1.77
sub A2008‑50 s 8
Storage of smoking products at points of sale
s 10(prev s 3H) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
am A2000‑53 s 7, amdt 1.9, amdt 1.10
sub A2008‑50 s 8
Other location and storage requirements by regulation
s 11(prev s 3J) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
sub A2008‑50 s 8
Location of display
s 12(prev s 3K) ins A1999‑57 s 5
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.11, amdt 1.12, amdt 1.77; A2004‑49 s 6
om A2008‑50 s 8
Sale of tobacco etc by shopkeeper
s 12Ains Ord1937‑19
om Ord1957‑10
Prior notice of proposed disciplinary action
s 12Cins A1999‑57 s 18
om A2000‑16 s 8 sch 3
Disciplinary action
s 12Dins A1999‑57 s 18
om A2000‑16 s 8 sch 3
Disqualification
s 12Eins A1999‑57 s 18
om A2000‑16 s 8 sch 3
Review of decisions
s 12Tins A1999‑57 s 18
om A2000‑16 s 8 sch 3
Notification of decisions
s 12Uins A1999‑57 s 18
om A2000‑16 s 8 sch 3
Other display requirements by regulation
s 13orig s 13 om Ord1957‑10
(prev s 3L) ins A1999‑57 s 5
renum A2000‑16 s 6 sch 1
om A2008‑50 s 8
Supply of smoking products
pt 3 hdg(prev pt 2 hdg) ins A1990‑39
renum A2000‑16 s 6 sch 2
sub A2000‑53 amdt 1.13
Supply of smoking product to under 18 year olds
s 14 hdgsub A2002‑30 amdt 3.906
s 14orig s 14 sub Ord1936‑10
om Ord1957‑10
ins A1990‑39
om A1998‑54
(prev s 4) sub Ord1936‑10
am Ord1937‑19
om Ord1957‑10
ins A1990‑39
am A1998‑54
sub A1999‑57 s 6
renum A2000‑16 s 6 sch 1
am A2000‑53 amdts 1.14-1.17, amdt 1.76; A2004‑49 s 7; ss renum R12 LA (see A2004‑49 s 8); A2008‑50 s 9, amdt 1.1; A2010‑43 amdt 1.70; A2016‑7 amdt 1.24; A2018‑33 s 114; A2025‑8 amdt 2.5
Purchase of smoking products for use by under 18 year olds
s 15 hdgsub A2000‑53 s 3 sch 1
s 15orig s 15 ins Ord1936‑10
om Ord1957‑10
(prev s 5) om Ord1936‑10
ins A1990‑39
am A1998‑54; A1999‑57 s 7
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.18
sub A2008‑50 amdt 1.2
Prohibition on sale of smoking products by vending machine
s 16orig s 16 ins Ord1936‑10
om Ord1957‑10
(prev s 6) am Ord1936‑10
om Ord1957‑10
ins A1990‑39
am A1998‑54; A1999‑57 s 8; A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.19, amdt 1.20; A2006‑2 amdt 1.20
sub A2004‑49 s 9
Tobacco for non-smoking purposes
s 17 hdgsub A2000‑53 amdt 1.21
s 17orig s 17 ins Ord1936‑10
om Ord1957‑10
(prev s 7) om Ord1957‑10
ins A1990‑39
am A1998‑54; A1999‑57 s 9
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.78
sub A2008‑50 amdt 1.3
Food and toys resembling or promoting smoking products
s 18 hdgsub A2000‑53 amdt 1.21
s 18orig s 18 ins Ord1936‑10
om Ord1957‑10
(prev s 8) am Ord1936‑10
om Ord1957‑10
ins A1990‑39
am A1998‑54
sub A1999‑57 s 10
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.22, amdt 1.23, amdt 1.76, amdt 1.78
sub A2008‑50 amdt 1.3
Declared smoking products
s 18Ains A2008‑50 amdt 1.4
Prohibition on sale or import of declared smoking product
s 18Bins A2008‑50 amdt 1.4
Sale of cigarettes
s 19(prev s 9) am Ord1936‑10
om Ord1957‑10
ins A1990‑39
am A1998‑54; A1999‑57 s 11
renum A2000‑16 s 6 sch 1
am A2000‑53 s 8, amdt 1.78
sub A2008‑50 s 10
Display of smoking products
s 20 hdgsub A2000‑53 amdt 1.24
s 20(prev s 9A) ins A1999‑57 s 12
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.76, amdt 1.78
sub A2008‑50 s 10
Prohibited smoking products
s 21(prev s 9B) ins A1999‑57 s 13
renum A2000‑16 s 6 sch 1
am A2000‑53 s 9
sub A2008‑50 s 10
om A2025‑8 s 7
Prohibition on sale of prohibited smoking product
s 22(prev s 9C) ins A1999‑57
renum A2000‑16 s 6 sch 1
am A2000‑53 s 10
sub A2001‑68 s 5
am A2004‑49 s 10
sub A2008‑50 s 10
am A2025‑8 s 8
Administrative review
pt 3C hdgins A1999‑57 s 18
om A2000‑16 s 8 sch 3
Advertising, promotion and sponsorship
pt 4 hdg(prev pt 3 hdg) ins A1990‑39
sub A1999‑57 s 14
renum A2000‑16 s 6 sch 2
Prohibited smoking advertising
s 23 hdgsub A2000‑53 amdt 1.24
s 23(prev s 10) am Ord1966‑19
sub A1990‑39
am A1993‑98; A1998‑54; A1999‑57 s 15
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.25, amdt 1.26, amdts 1.74-1.78; A2001‑44 amdts 1.4025-1.4027; A2004‑49 s 11
sub A2008‑50 s 11
am A2025‑8 amdt 2.6
Removal of smoking advertisements
s 24 hdgsub A2000‑53 amdt 1.27
s 24(prev s 11) am Ord1936‑10
om Ord1957‑10
ins A1990‑39
am A1993‑98; A1997‑70; A1999‑57 s 16; A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.28, amdt 1.74, amdt 1.75; A2008‑50 s 12, amdt 1.5; A2012‑21 amdt 3.184
Smoking product promotions
s 25 hdgsub A2000‑53 amdt 1.29
s 25(prev s 11A) ins A1999‑57 s 17
renum A2000‑16 s 6 sch 1
am A2000‑53 amdts 1.76-1.78
sub A2008‑50 s 13
Prohibition of smoking product sales contributing to customer reward scheme
s 25Ains A2008‑50 s 13
am A2025‑8 amdt 2.7
Smoking product giveaways
s 26 hdgsub A2000‑53 amdt 1.29
s 26(prev s 11B) ins A1999‑57 s 17
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.76, amdt 1.78
sub A2008‑50 amdt 1.6
Competitions that promote smoking products etc
s 27 hdgsub A2000‑53 amdt 1.29
s 27(prev s 11C) ins A1999‑57 s 17
renum A2000‑16 s 6 sch 1
am A2000‑53 amdts 1.76-1.78
sub A2008‑50 amdt 1.6
Prohibition of sponsorships
s 28(prev s 12) om Ord1957‑10
ins A1990‑39
am A1993‑98; A1998‑54
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.30, amdt 1.76, amdt 1.78; A2001‑44 amdts 1.4028-1.4030
sub A2008‑50 s 14
am A2025‑8 amdt 2.8
Registrar and deputy registrars
pt 5 hdg(prev pt 3A hdg) ins A1999‑57 s 18
sub as pt 5 hdg A2000‑16 s 8 sch 3
om A2011‑16 amdt 1.40
Registrar of tobacco
s 29(prev s 12A) ins A1999‑57 s 18
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.31
sub A2007‑3 amdt 3.495
(2)-(4) exp 12 April 2008 (s 29 (4) (LA s 88 declaration applies))
am A2011‑22 amdt 1.441
om A2011‑16 amdt 1.40
Deputy registrars of tobacco
s 30(prev s 12B) ins A1999‑57 s 18
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.31
sub A2007‑3 amdt 3.495
(3)-(5) exp 12 April 2008 (s 30 (5) (LA s 88 declaration applies))
am A2011‑22 amdt 1.441
om A2011‑16 amdt 1.40
Enforcement
pt 6 hdg(prev pt 3B hdg) ins A1999‑57 s 18
renum A2000‑16 s 6 sch 2
Interpretation for pt 6
s 31(prev s 12F) ins A1999‑57 s 18
renum A2000‑16 s 6 sch 1
Authorised officers
s 32(prev s 12G) ins A1999‑57 s 18
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.31, amdt 1.32
sub A2007‑3 amdt 3.496
(3)-(5) exp 12 April 2008 (s 32 (5) (LA s 88 declaration applies))
am A2011‑22 amdt 1.441; A2011‑16 amdt 1.41, amdt 1.46
Exercise of powers by authorised officers who are police officers
s 33(prev s 12H) ins A1999‑57 s 18
renum A2000‑16 s 6 sch 1
am A2025‑8 amdt 2.9
Identity cards
s 34(prev s 12J) ins A1999‑57 s 18
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.33
sub A2008‑50 amdt 1.7
(5)-(7) exp 28 February 2009 (s 34 (7) (LA s 88 declaration applies))
am A2011‑22 amdt 1.441; A2011‑16 amdt 1.42, amdt 1.43; ss renum R28 LA
Powers of entry
s 35(prev s 12K) ins A1999‑57 s 18
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.77; A2025‑8 amdt 2.9
Consent to entry
s 36(prev s 12L) ins A1999‑57 s 18
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2012‑21 amdt 3.184; A2025‑8 amdt 2.9, amdt 2.10
Powers of authorised officers
s 37(prev s 12M) ins A1999‑57 s 18
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2008‑50 amdt 1.8; A2025‑8 amdt 2.11
Provision of information under s 37 (f)–claim of privilege
s 38(prev s 12N) ins A1999‑57 s 18
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2002‑11 amdt 2.94, amdt 2.95; ss renum R6 LA (see A2002‑11 amdt 2.96); A2025‑8 amdt 2.11, amdt 2.12
Power to require name and address
s 39(prev s 12P) ins A1999‑57 s 18
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.34
sub A2008‑50 amdt 1.9
am A2009‑49 amdt 3.192; A2025‑8 amdt 2.13
Search warrants
s 40(prev s 12Q) ins A1999‑57 s 18
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2012‑21 amdt 3.184
Failing to comply with requirement of authorised officer
s 41 hdgsub A2004‑15 amdt 2.189
s 41(prev s 12R) ins A1999‑57 s 18
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2000‑53 amdt 1.35, amdt 1.36; A2004‑15 amdt 2.190, amdt 2.191
om A2008‑50 amdt 1.10
Seized items
s 42(prev s 12S) ins A1999‑57 s 18
am A2000‑16 s 8 sch 3
renum A2000‑16 s 6 sch 1
am A2012‑21 amdt 3.184
Tobacco compliance testing
pt 6A hdgins A2006‑41 s 4
Definitions—pt 6A
s 42Ains A2006‑41 s 4
def approved procedures ins A2006‑41 s 4
def approved program ins A2006‑41 s 4
def authorised officer ins A2006‑41 s 4
def conduct ins A2006‑41 s 4
def compliance test ins A2006‑41 s 4
def engage in conduct ins A2006‑41 s 4
def purchase assistant ins A2006‑41 s 4
def young person ins A2006‑41 s 4
What is a compliance test?
s 42Bins A2006‑41 s 4
am A2022‑24 s 5, s 6
Approval of compliance testing programs
s 42Cins A2006‑41 s 4
am A2022‑24 s 7
Approval of compliance testing procedures
s 42Dins A2006‑41 s 4
Carrying out of compliance testing
s 42Eins A2006‑41 s 4
am A2008‑20 amdt 3.44, amdt 3.45
Lawfulness of compliance testing
s 42Fins A2006‑41 s 4
am A2011‑1 s 82
Indemnification of authorised officers and purchase assistants
s 42Gins A2006‑41 s 4
am A2011‑1 s 82
Annual report about compliance testing
s 42Hins A2006‑41 s 4
am A2011‑22 amdt 1.441
om A2015‑16 amdt 1.27
Licences
pt 7 hdgins A2000‑16 s 4
Interpretation
div 7.1 hdg(prev pt 7 div 1 hdg) ins A2000‑16 s 4
sub A2000‑53 amdt 1.37
Definitions for pt 7
s 43ins A2000‑16 s 4
sub A2000‑53 amdt 1.38
def approved form om A2001‑44 amdt 1.4031
def determined fee om A2001‑44 amdt 1.4031
Meaning of tobacco retailing
s 44orig s 44 ins A2000‑16 s 4
om A2000‑53 s 3 sch 1
(prev s 43A) ins A2000‑53 amdt 1.38
renum R4 LRA (see A2000‑53 s 11)
am A2004‑49 s 12
Meaning of tobacco wholesaling
s 45(prev s 43B) ins A2000‑53 amdt 1.38
renum R4 LRA (see A2000‑53 s 11)
Liability of employer for acts of employee
s 46(prev s 43C) ins A2000‑53 amdt 1.38
renum R4 LRA (see A2000‑53 s 11)
am A2025‑8 amdt 2.13
Licences
div 7.2 hdg(prev pt 7 div 2 hdg) ins A2000‑16 s 4
sub A2000‑53 amdt 1.39
Application for, and grant of, tobacco licence
s 47(prev s 45) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
am A2001‑44 amdts 1.4032-1.4036; ss renum R5 LA (see A2001‑44 amdt 1.4037); A2011‑16 amdt 1.46; A2021-12 amdt 3.171
Conditions of tobacco licence
s 48(prev s 46) ins A2000‑16 s 4
am A2000‑53 amdt 1.40, amdt 1.14, amdt 1.77
renum R4 LRA (see A2000‑53 s 11)
am A2008‑50 s 15; A2011‑16 amdt 1.46
Duration of tobacco licence
s 49(prev s 47) ins A2000‑16 s 4
am A2000‑53 amdt 1.42
renum R4 LRA (see A2000‑53 s 11)
am A2008‑50 s 16
No vending machines authorised
s 49Ains A2004‑49 s 13
am A2008‑50 s 17; A2011‑16 amdt 1.46; A2022‑24 s 8
2005/2006 licences—no vending machines authorised
s 49Bins A2004‑49 s 14
exp 1 September 2006 (s 49B (2))
Refusal to grant or renew tobacco licence
s 50 hdg(prev s 48 hdg) sub A2000‑53 amdt 1.43
renum A2000‑53 s 11
s 50(prev s 48) ins A2000‑16 s 4
am A2000‑53 amdt 1.44-1.47
renum R4 LRA (see A2000‑53 s 11)
am A2004‑49 s 15; pars renum R12 LA (see A2004‑49 s 16); A2008‑36 amdt 1.633, amdt 1.634; A2011‑16 amdt 1.46
Renewal of tobacco licence
s 51(prev s 49) ins A2000‑16 s 4
am A2000‑53 amdt 1.48
renum R4 LRA (see A2000‑53 s 11)
am A2001‑44 amdt 1.4038, amdt 1.4039; A2002‑30 amdt 3.907; A2011‑16 amdt 1.46; A2021-12 amdt 3.171
Revival of expired retail tobacconist’s licences
s 52(prev s 50) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
am A2002‑30 amdt 3.907
om A2008‑50 s 18
Register of tobacco licences
s 53(prev s 51) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
am A2011‑16 amdt 1.46
Surrender and termination of tobacco licence
s 54(prev s 52) ins A2000‑16 s 4
am A2000‑53 amdt 1.77
renum R4 LRA (see A2000‑53 s 11)
am A2011‑16 amdt 1.46; A2025‑8 amdt 2.13
Occupational discipline—licensees
div 7.3 hdg(prev pt 7 div 3 hdg) ins A2000‑16 s 4
sub A2000‑53 amdt 1.49; A2008‑36 amdt 1.635
Meaning of licensee—div 7.3
s 55(prev s 53) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑36 amdt 1.635
Grounds for occupational discipline
s 56(prev s 54) ins A2000‑16 s 4
am A2000‑53 amdts 1.50-1.54
renum R4 LRA (see A2000‑53 s 11)
am A2006‑2 amdt 1.21; A2004‑49 ss 17-19, s 21, s 22; pars renum R12 LA (see A2004‑49 s 20)
sub A2008‑36 amdt 1.635
am A2011‑52 amdt 1.11
Application to ACAT for occupational discipline
s 57(prev s 55) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑36 amdt 1.635
am A2011‑16 amdt 1.46
Orders for occupational discipline
s 58 hdg(prev s 56 hdg) sub A2000‑53 amdt 1.56
renum R4 LRA (see A2000‑53 s 11)
s 58(prev s 56) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
om A2004‑49 s 23
ins A2008‑36 amdt 1.635
am A2008‑37 amdt 1.480; A2008‑50 s 19; A2011‑16 amdt 1.46; A2012‑21 amdt 3.185, amdt 3.186
Offences
div 7.4 hdg(prev pt 7 div 4 hdg) ins A2000‑16 s 4
sub A2000‑53 amdt 1.55; A2008‑50 amdt 1.11
Failure to return tobacco licence
s 59(prev s 57) ins A2000‑16 s 4
am A2000‑53 amdt 1.57, amdt 1.77
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑50 amdt 1.11
am A2011‑16 amdt 1.46; A2011‑52 amdt 3.192; A2012‑21 amdt 3.187
Disqualification
s 60(prev s 58) ins A2000‑16 s 4
am A2000‑53 amdt 1.58, amdt 1.77
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑50 amdt 1.11
Selling smoking products without, or in contravention of, tobacco licence
s 61 hdg(prev s 59 hdg) sub A2000‑53 amdt 1.59
renum R4 LRA (see A2000‑53 s 11)
s 61(prev s 59) ins A2000‑16 s 4
am A2000‑53 amdt 1.77
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑50 amdt 1.11
Tobacco wholesaling–offences
s 62(prev s 60) ins A2000‑16 s 4
am A2000‑53 amdt 1.60, amdt 1.77
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑50 amdt 1.11
am A2025‑8 amdt 2.14
Tobacco retailing–offences
s 63(prev s 61) ins A2000‑16 s 4
am A2000‑53 amdt 1.61
renum R4 LRA (see A2000‑53 s 11)
am A2004‑49 s 24; pars renum A2004‑49 s 25
sub A2008‑50 amdt 1.11
Display of licence details
s 64(prev s 62) ins A2000‑16 s 4
am A2000‑53 amdt 1.62, amdt 1.77
renum R4 LRA (see A2000‑53 s 11)
am A2004‑49 s 26
sub A2008‑50 amdt 1.11
am A2014‑47 s 31
Licensee stops carrying on business
s 65(prev s 63) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑50 amdt 1.11
am A2011‑16 amdt 1.46
Endorsement on wholesale tobacco merchant’s invoices
s 66 hdg(prev s 64 hdg) sub A2000‑53 amdt 1.63
renum R4 LRA (see A2000‑53 s 11)
s 66(prev s 64) ins A2000‑16 s 4
am A2000‑53 amdt 1.64, amdt 1.77
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑50 amdt 1.11
Retail tobacconist must only obtain smoking products from licensed wholesaler
s 67 hdg(prev s 64A hdg) sub A2000‑53 amdt 1.65
renum R4 LRA (see A2000‑53 s 11)
s 67(prev s 64A) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑50 amdt 1.11
am A2022‑24 s 9; A2025‑8 s 9, amdt 2.15
Notification and review of decisions
div 7.5 hdg(prev pt 7 div 5 hdg) ins A2000‑16 s 4
sub A2000‑53 amdt 1.66; A2008‑36 amdt 1.636
Meaning of reviewable decision—div 7.5
s 68(prev s 65) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
am A2004‑49 s 27; pars renum R12 LA (see A2004‑49 s 28)
sub A2008‑36 amdt 1.636
Reviewable decision notices
s 69(prev s 66) ins A2000‑16 s 4
am A2000‑53 amdt 1.67
renum R4 LRA (see A2000‑53 s 11)
sub A2008‑36 amdt 1.636
Applications for review
s 69Ains A2008‑36 amdt 1.636
Miscellaneous
div 7.6 hdg(prev pt 7 div 6 hdg) ins A2000‑16 s 4
sub A2000‑53 amdt 1.68
Determination of fees
s 70 hdg(prev s 67 hdg) renum R4 LRA (see A2000‑53 s 11)
sub A2001‑44 amdt 1.4040
s 70(prev s 67) ins A2000‑16 s 4
am A2000‑53 amdt 1.69
renum R4 LRA (see A2000‑53 s 11)
am A2001‑44 amdt 1.4041, amdt 1.4042; ss renum R5 LA (see A2001‑44 amdt 1.4043); A2011‑52 amdt 3.193
Recovery of unpaid fees from unlicensed people
s 71 hdgsub A2025‑8 amdt 2.16
s 71(prev s 68) ins A2000‑16 s 4
renum R4 LRA (see A2000‑53 s 11)
am A2011‑16 amdt 1.46; A2012‑21 amdt 3.188; A2025‑8 amdt 2.17
Miscellaneous
pt 8 hdg(prev pt 4 hdg) ins A1990‑39
renum A2000‑16 s 6 sch 2
Acts and omissions of representatives
s 72(prev s 13 and then s 69) ins A1990‑39
renum as s 69 A2000‑16 s 6 sch 1
renum as s 72 R4 LRA (see A2000‑53 s 11)
sub A2004‑15 amdt 1.40
Approved forms
s 72Ains A2001‑44 amdt 1.4044
am A2007‑3 amdt 3.497; A2011‑52 amdt 3.193
omA2021-12 amdt 3.172
Regulation–making power
s 73 hdg(prev s 70 hdg) sub A2000‑53 amdt 1.70
renum R4 LRA (see A2000‑53 s 11)
s 73(prev s 15 and then s 70) am A2000‑53 amdt 1.71, amdt 1.72
renum as s 70 A2000‑16 s 6 sch 1
renum as s 73 R4 LRA (see A2000‑53 s 11)
am A2001‑44 amdts 1.4045-1.4047; A2008‑50 s 20, s 21; ss renum R21 LA
Transitional
pt 9 hdgins A2000‑53 amdt 1.73
exp 1 September 2001 (s 75 (1))
Licences under the Tobacco Licensing Act
s 74(prev s 71) ins A2000‑53 amdt 1.73
renum R4 LRA (see A2000‑53 s 11)
exp 1 September 2001 (s 75 (1))
Expiry of part
s 75(prev s 72) ins A2000‑53 amdt 1.73
renum R4 LRA (see A2000‑53 s 11)
exp 1 September 2001 (s 75 (1))
Transitional—repeal of s 52
s 100ins A2008‑50 s 22
exp 30 November 2008 (s 100 (5))
Transitional—application of new point of sale display provisions to tobacconists
s 101ins A2008‑50 s 23
exp 1 January 2011 (s 101 (5))
The schedule
scham Ord1937‑19
om Ord1957‑10
Reviewable decisions
sch 1ins A2008‑36 amdt 1.637
Dictionary
dictins A2002‑30 amdt 3.908
am A2008‑36 amdt 1.638; A2008‑50 s 24, amdt 1.12; A2009‑49 amdt 3.193; A2011‑52 amdt 1.12; A2012‑21 amdt 3.189; A2018‑33 s 115
def approved procedures ins A2006‑41 s 5
def approved program ins A2006‑41 s 5
def authorised officer ins A1999‑57 s 4
am A2000‑16 sch 3
reloc from s 2 A2002‑30 amdt 3.904
sub A2006‑41 s 6
def carton ins A1999‑57 s 4
am A2000‑53 amdt 1.76
reloc from s 2 A2002‑30 amdt 3.904
om A2011‑52 amdt 3.194
def cigar ins A1999‑57 s 4
am A2000‑53 amdt 1.76
reloc from s 2 A2002‑30 amdt 3.904
def commissioner ins A2011‑16 amdt 1.44
def compliance test ins A2006‑41 s 7
def conduct ins A2006‑41 s 7
def connected ins A2007‑3 amdt 3.499
def deputy registrar ins A1999‑57 s 4
sub A2000‑16 sch 3
reloc from s 2 A2002‑30 amdt 3.904
om A2011‑16 amdt 1.45
def display ins A1999‑57 s 4
am A2000‑53 amdt 1.76
reloc from s 2 A2002‑30 amdt 3.904
om A2008‑50 s 25
def drug ins A2000‑53 s 5
reloc from s 2 A2002‑30 amdt 3.904
sub A2005‑5 s 49
om A2008‑50 s 25
def engage in conduct ins A2006‑41 s 7
def food ins A2008‑50 amdt 1.13
def ground for occupational discipline ins A2008‑36 amdt 1.639
sub A2012‑21 amdt 3.190
def herbal product ins A2000‑53 s 5
reloc from s 2 A2002‑30 amdt 3.904
sub A2008‑50 s 26; A2012‑21 amdt 3.191
def identity card ins A1999‑57 s 4
am A2000‑16 sch 3
reloc from s 2 A2002‑30 amdt 3.904
am A2007‑3 amdt 3.498; A2012‑21 amdt 3.192
def immediate package ins A1999‑57 s 4
am A2000‑53 amdt 1.76
reloc from s 2 A2002‑30 amdt 3.904
def import ins A2008‑50 amdt 1.13
def licensee ins A2007‑3 amdt 3.499
sub A2008‑36 amdt 1.640
def occupier ins A1999‑57 s 4
reloc from s 2 A2002‑30 amdt 3.904
sub A2007‑3 amdt 3.500
def offence ins A2007‑3 amdt 3.501
def package ins A1999‑57 s 4
am A2000‑53 amdt 1.74
reloc from s 2 A2002‑30 amdt 3.904
om A2008‑50 s 27
def personal vaporiser ins A2016‑20 s 28
def personal vaporiser related product ins A2016‑20 s 28
def point of sale ins A1999‑57 s 4
am A2000‑53 amdt 1.77
sub A2001‑68 s 4
reloc from s 2 A2002‑30 amdt 3.904
sub A2004‑49 s 29
def point of sale display ins A1999‑57 s 4
am A2000‑16 sch 3; A2000‑53 amdt 1.76
reloc from s 2 A2002‑30 amdt 3.904
om A2008‑50 s 27
def premises ins A1999‑57 s 4
reloc from s 2 A2002‑30 amdt 3.904
def price ticket ins A1999‑57 s 4
am A2000‑16 sch 3
reloc from s 2 A2002‑30 amdt 3.904
sub A2008‑50 s 28
def product information notice ins A1999‑57 s 4
am A2000‑16 sch 3
reloc from s 2 A2002‑30 amdt 3.904
om A2008‑50 s 29
def product line ins A1999‑57 s 4
am A2000‑53 amdt 1.5, amdt 1.76
reloc from s 2 A2002‑30 amdt 3.904
def prohibited smoking product ins A2025‑8 s 10
def public place ins A1990‑39 s 5
sub A1999‑57 s 4
reloc from s 2 A2002‑30 amdt 3.904
om A2008‑50 s 30
def purchase assistant ins A2006‑41 s 7
def registrar ins Ord1936‑10 s 2
om Ord1957‑10 s 2
ins A1999‑57 s 4
sub A2000‑16 sch 3
reloc from s 2 A2002‑30 amdt 3.904
om A2011‑16 amdt 1.45
def retail outlet ins A1999‑57 s 4
am A2000‑53 amdt 1.77
reloc from s 2 A2002‑30 amdt 3.904
def retail tobacconist’s licence ins A2007‑3 amdt 3.501
def reviewable decision ins A2008‑36 amdt 1.641
def sell ins A1990‑39 s 5
sub A1999‑57 s 4
am A2000‑16 sch 3
reloc from s 2 A2002‑30 amdt 3.904
def smoking advertisement ins A2000‑53 s 5
reloc from s 2 A2002‑30 amdt 3.904
def smoking product ins A2000‑53 s 5
reloc from s 2 A2002‑30 amdt 3.904
sub A2016‑20 s 29
def smoking product package ins A2008‑50 amdt 1.13
def theatre ins A1990‑39 s 5
reloc from s 2 A2002‑30 amdt 3.904
om A2008‑50 s 31
def therapeutic vaping good ins A2025‑8 s 10
def tobacco licence ins A2007‑3 amdt 3.501
def tobacco product ins A1990‑39 s 5
sub A2000‑53 s 2
reloc from s 2 A2002‑30 amdt 3.904
def tobacco retailing ins A2007‑3 amdt 3.501
def tobacco wholesaling ins A2007‑3 amdt 3.501
def vaping good ins A2025‑8 s 10
def vending machine ins A1990‑39 s 5
sub A2000‑53 amdt 1.6
reloc from s 2 A2002‑30 amdt 3.904
sub A2004‑49 s 30; A2008‑50 s 32
def wholesale outlet ins A1999‑57 s 4
am A2000‑53 amdt 1.77
reloc from s 2 A2002‑30 amdt 3.904
def wholesale tobacco merchant’s licence ins A2007‑3 amdt 3.501
def young person ins A2006‑41 s 7
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A1990‑39 31 July 1992 2 A1993‑98 31 December 1993 3 A2000‑16 1 July 2000 4 A2000‑53 20 November 2000 4 (RI) A2000‑53 ‡ 1 October 2002 5 A2001‑68 6 November 2001 5 (RI) A2001‑68 ‡ 1 October 2002 6 A2002‑11 30 May 2002 6 (RI) A2002‑11 ‡ 1 October 2002 7 A2002‑30 1 October 2002 8 A2004‑15 9 April 2004 9 A2004‑49 17 August 2004 10* A2005‑5 6 March 2005 11 A2006‑2 1 May 2006 12 A2006‑2 1 September 2006 13 A2006‑2 2 September 2006 14 A2006‑41 25 October 2006 15 A2007‑3 12 April 2007 16 A2007‑3 13 April 2008 17 A2008‑50 16 September 2008 18 A2008‑50 27 October 2008 19 A2008‑50 1 December 2008 20 A2008‑50 2 February 2009 21 A2008‑50 28 February 2009 22 A2008‑50 1 March 2009 23 A2009‑49 17 December 2009 24 A2010‑43 1 December 2010 25 A2010‑43 2 January 2011 26 A2011‑1 18 April 2011 27 A2011‑22 1 July 2011 28 A2011‑22 17 November 2011 29 A2011‑52 12 December 2011 30 A2012‑21 5 June 2012 31 A2014‑47 7 November 2014 32 A2015‑16 3 June 2015 33 A2016‑20 1 August 2016 34 A2016‑20 29 August 2016 35 A2018‑33 2 October 2018 36 A2021‑12 23 June 2021 37 A2022‑24 10 December 2022 ‡ includes retrospective amendment by A2002‑30
Renumbered provisions
This Act was renumbered under the Legislation (Republication) Act 1996 in R4 (see A2000-16 s 6 and A2000-53 s 11). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R5 (RI).
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