Tobacco Products Control Amendment Regulations 2007 (WA)

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!200700035GG!

WESTERN 641
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X

PRINT POST APPROVED PP665002/00041

PERTH, WEDNESDAY, 28 FEBRUARY 2007 No. 35 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM
© STATE OF WESTERN AUSTRALIA

TOBACCO PRODUCTS CONTROL ACT 2006
_________

TOBACCO PRODUCTS

CONTROL AMENDMENT
REGULATIONS 2007

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Tobacco Products Control Act 2006

Tobacco Products Control Amendment

Regulations 2007

Made by the Governor in Executive Council.
1. Citation

These regulations are the Tobacco Products Control Amendment
Regulations 2007.

2. Commencement
These regulations come into operation on 28 February 2007.

3. The regulations amended

The amendments in these regulations are to the Tobacco
Products Control Regulations 2006*.
[* Published in Gazette 25 July 2006, p. 2797-808.]

4. Regulation 3 amended

Regulation 3 is amended by inserting in the appropriate
alphabetical position —
“
“representative” in relation to a responsible person,
means a person acting on behalf of the responsible
person;

”.

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5. Part 2 repealed
Part 2 is repealed.

6. Parts 5, 6, 7 and 8 and Schedules 1, 2 and 3 inserted
After Part 4 the following Parts and Schedules are inserted —

“
Part 5 — Licensing
Division 1 — Licensing procedures

17. Application for licence — proof of individual’s identity
For the purposes of section 37(1)(c)(i), evidence of the identity of an applicant who is not a body corporate is to be by way of —

(a) the applicant’s birth certificate; or

(b)

the applicant’s passport if the passport is either current or has not been expired for more than 24 months; or
(c) the applicant’s motor driver’s licence; or

(d)

a certificate of the applicant’s Australian citizenship; or

(e)

a document establishing the discharge of the applicant from any of the Australian defence forces; or

(f)

a document establishing the applicant’s appointment as a Justice of the Peace; or

(g)

a certificate of the applicant’s identity issued by the department of the Commonwealth public service responsible for the administration of foreign affairs; or

(h)

a certificate of the applicant’s descent issued by the department of the Commonwealth public

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service responsible for the administration of immigration or issued by a consulate within Australia.
18. Application for licence — other evidence

(1)

For the purposes of section 37(1)(c)(ii), the following evidence is prescribed for an application for a licence to be held by a body corporate —

(a)

written confirmation from one of the directors of the body corporate that the applicant is authorised by the body corporate to make the application;

(b)

an extract or other evidentiary document obtained under the Corporations Law as to the identity of each of the officers of the body corporate;

(c)

a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business to be conducted by the body corporate at the premises that are the subject of the application;

(d)

a document mentioned in the Business Names Act 1962 section 24 as to the person or persons in relation to whom the business name is registered.

(2)

For the purposes of section 37(1)(c)(ii), the following evidence is prescribed for an application for a licence to be held by an individual who proposes to conduct a business selling tobacco products by way of retail sale in partnership with one or more other persons —

(a)

written confirmation from one of the partners that the applicant is authorised by the partnership to make the application;

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(b) a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business to be conducted by the partnership at the premises that are the subject of the application;
(c) a document mentioned in the Business Names Act 1962 section 24 as to the person or persons in relation to whom the business name is registered.
19. Application for renewal of licence

(1) For the purposes of section 38(1)(c)(i), the following
evidence is prescribed for an application for the
renewal of a licence held by a body corporate —

(a)

a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business conducted by the body corporate at the premises that are the subject of the licence if there has been any change in the business name since the issue or most recent renewal of the licence;

(b)

a document mentioned in the Business Names Act 1962 section 24 as to any change as to the person or persons in relation to whom the
business name is registered since the issue or
most recent renewal of the licence.

(2) For the purposes of section 38(1)(c)(i), the following
evidence is prescribed for an application for the
renewal of a licence held by an individual who
conducts a business selling tobacco products by way of

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retail sale in partnership with one or more other
persons —

(a) a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business conducted by the partnership at the premises that are the subject of the licence if there has been any change in the business name since the issue or most recent renewal of the licence;
(b) a document mentioned in the Business Names Act 1962 section 24 as to any change as to the person or persons in relation to whom the
business name is registered since the issue or
most recent renewal of the licence.
20. Conditions of general application

(1)

For the purposes of section 41(2), a condition that is to be taken to be attached to a retailer’s licence in relation to premises where tobacco products are sold (other

than by way of a vending machine) is that before the holder of the licence allows an employee or agent to sell a tobacco product or smoking implement at the
premises, the employee or agent —

(a)

is instructed not to sell a tobacco product or a smoking implement to a person who has not reached 18 years of age; and

(b)

is instructed not to sell a tobacco product or a smoking implement to a person unless the employee or agent —

(i)
sees a document mentioned in or agent that the person who is to take possession of the tobacco product or

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smoking implement has reached
18 years of age; or
(ii) has no reason to believe that the person who is to take possession of the tobacco product or smoking implement has not
reached 18 years of age;
and

(c) is informed of the provisions of the Act Part 2 Division 1; and
(d) is warned that the employee or agent might be charged with an offence if he or she breaches section 6, 8, 10 or 11, as is relevant to the
functions of the employee or agent; and

(e)
provides written acknowledgment that the information and warning mentioned in paragraphs (a), (b), (c) and (d).

(2)

For the purposes of section 41(2), a condition that is to be taken to be attached to a retailer’s licence in relation to premises where tobacco products are sold by way of a vending machine is that each representative of the
responsible person —

(a) is instructed to take reasonable steps to ensure that a person who has not reached 18 years of age does not obtain a tobacco product from the
vending machine; and

(b) is instructed not to allow a person to obtain a tobacco product from a vending machine unless the representative —
(i) sees a document mentioned in section 15(1) that satisfies the representative that the person who is to

obtain the tobacco product has reached
18 years of age; or

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(ii) has no reason to believe that the person who is to obtain the tobacco product has not reached 18 years of age;
and

(c) provides written acknowledgment that the representative has received the instructions mentioned in paragraphs (a) and (b).
21. Application to amend licence

(1) For the purposes of section 44(2)(c)(i), the following
evidence is prescribed for an application for the
amendment of a licence held by a body corporate —

(a)

written confirmation from one of the directors of the body corporate that the applicant is authorised by the body corporate to make the application;

(b)

a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business conducted by the body corporate at the premises that are the subject of the application if there has been any change in the business name since the issue or most recent renewal of the licence;

(c)

a document mentioned in the Business Names Act 1962 section 24 as to any change as to the person or persons in relation to whom the
business name is registered since the issue or
most recent renewal of the licence.

(2) For the purposes of section 44(2)(c)(i), the following
evidence is prescribed for an application for the
amendment of a licence held by an individual who
conducts a business selling tobacco products by way of

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retail sale in partnership with one or more other
persons —

(a) written confirmation from one of the partners that the applicant is authorised by the partnership to make the application;
(b) a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business conducted by the partnership at the premises that are the subject of the application if there has been any change in the business name since the issue or most recent renewal of the licence;
(c) a document mentioned in the Business Names Act 1962 section 24 as to any change as to the person or persons in relation to whom the
business name is registered since the issue or
most recent renewal of the licence.

22. Register of licences
Particulars of the offences under the Act for which the holder of the licence has been convicted are prescribed for the purposes of section 45(1)(g).
Division 2 — Further obligations of licence holders
23. Licence details on invoices etc.

(1)

In the case of the holder of a retailer’s licence or an indirect seller’s licence, the name and address of the person who supplied the tobacco product if —

(a)

the tobacco product was supplied from outside Western Australia; and

(b)

the supplier was not a person to whom section 56(2) applies,

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are prescribed for the purposes of section 56(1) and
(3)(d).

(2) The name and address of the person to whom the
tobacco product was sold are prescribed for the
purposes of section 56(2) and (3)(d).
24. Records to be kept

The following records are prescribed for the purposes
of section 58(1)(a) —

(a)

all records containing the particulars that are required to be recorded for the purposes of section 56(1) and (2);

(b)

all written acknowledgments mentioned in regulation 20(1)(e) and (2)(c).
Division 3 — Fees

25. Fees to be paid on application for issue of a licence

(1) The application fee to be paid for the purposes of
section 37(1)(c)(iii) is —

(a) $50.00 for a retailer’s licence; and
(b) $50.00 for an indirect seller’s licence; and
(c) $125.00 for a wholesaler’s licence.

(2) The licence fee to be paid for the purposes of
section 37(1)(c)(iii) is —

(a) $150.00 for a retailer’s licence; and
(b) $150.00 for an indirect seller’s licence; and
(c) $375.00 for a wholesaler’s licence.

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26. Fees to be paid on application for renewal of a licence

The licence fee to be paid for the purposes of
section 38(1)(c)(ii) is —

(a) $170.00 for a retailer’s licence; and
(b) $170.00 for an indirect seller’s licence; and
(c) $425.00 for a wholesaler’s licence.

27.           Fee to be paid on application for amendment of a licence

The application fee to be paid for the purposes of
section 44(2)(c)(ii) is $50.00.
28.           Fee to be paid for extract of registered particulars

The fee to be paid for the purposes of section 45(3) is
$25.00.
29.           Fee to be paid for duplicate licence

The fee to be paid for the purposes of section 54(2) is
$25.00.

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Part 6 — Sale and supply
Division 1 — Terms used in this Part
30. Terms used in this Part
In this Part —
“approved Quitline logo” means a logo —

(a)

modelled on any logo described as a “Quitline logo” in the document entitled “Quit brand guidelines” published by the Cancer Council of Victoria; and

(b)

containing a combination of words or numbers,
that is approved by the CEO for the purposes of
these regulations;

“cigar cabinet” means a fully enclosed cabinet or box
that —

(a) has a transparent window; and
(b) is used to display and store only cigars;

“counter” includes any facility across which
customers are served;

“dispensing unit” means a device —

(a) located at premises other than a duty free shop at an airport and —
(i) that stores and dispenses only tobacco products; and
(ii) that does not display tobacco products; and

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(iii) that is operated by the holder of a retailer’s licence or the employee or agent of the holder of a retailer’s licence; and
(iv) that dispenses only single packets of cigarettes;

or

(b) located at a duty free shop at an airport and —
(i)      that stores and dispenses only cartons of cigarettes; and
(ii)      that does not display tobacco products; and
(iii)       that may be operated by a customer;

“humidified room” means a room that —

(a)

has a humidification system or device to add or remove moisture from the room’s atmosphere; and
(b) is used to display and store only cigars; and

(c)

may be entered by potential purchasers of cigars;
“price ticket” includes the display of price in
electronic form.
Division 2 — Proof of age
31. Proof of age

A proof of age card issued to a person under the Liquor
Licensing Regulations 1989 regulation 18B is
prescribed for the purposes of section 15(1)(c).

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Division 3 — Labelling of tobacco products
32.           Labelling of tobacco products
For the purposes of section 19, a package is to be labelled in accordance with the provisions of the Commonwealth Trade Practices (Consumer Product
Information Standards) (Tobacco) Regulations 2004 that are in force from time to time and that apply to the package.
Division 4 — Display of tobacco products
33.           Packages that cannot be displayed by retailer

The following kinds of package are prescribed for the
purposes of section 22(3)(b) —

(a) a package containing cigarettes that, when smoked, have a flavour or aroma of —
(i)      any kind of fruit; or
(ii)      mint (but not menthol), chocolate, vanilla, caramel, coconut or any other flavour (but not a spice) commonly used in the production of confectionery;

(b)

a package containing cigarettes that are, except for the paper around any filter tip, enclosed in paper of a colour that is not white, black or brown;

(c)

a package displaying a word or set of words, picture, sign, symbol or other visual image (including a colour or scheme of colours) or other visual message suggesting that the package contains cigarettes of a kind mentioned in paragraph (a) or (b);

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(d) a package that is designed or capable of being split into 2 or more portions each containing less than 20 cigarettes.
34. Location of display of tobacco products or packages by retailer

(1) For the purposes of section 22(4) the display of tobacco
products or packages must be located at the place at
which tobacco products are sold in the premises
specified in the licence.
(2) For the purposes of section 22(4) the display of tobacco
products or packages for sale at premises other than
cigars for sale at licensed premises must be located —

(a)

behind (but not on) a counter across which customers are served on the seller’s side; or

(b)

directly above a counter across which customers are served so that the vertical distance between the bottom of the display and the floor level on the customer’s side of the counter is at least 1.7 m.

(3)

For the purposes of section 22(4) the display of cigars for sale at licensed premises may be located on either side of a counter across which customers are served.
(4) For the purposes of section 22(4) the display of cigars
for sale at any premises —

(a) may be in one or 2 cigar cabinets; and
(b) may be in a humidified room.

(5) For the purposes of section 22(4) the display of tobacco
products or packages —

(a)

must not be located within 1 m of a display of confectionery or products that are designed

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specifically for, or marketed specifically to,
children; and

(b) if at particular premises it is not practicable to comply with paragraph (a), must be located at the greatest distance practicable from a display of confectionery or products that are designed specifically for, or marketed specifically to,
children.
35. Surface area of displays in cigar cabinets

For the purposes of assessing the surface area of
tobacco products and packages in a cigar cabinet, the
total surface area of the outside surface of the cigar
cabinet’s transparent window is to be taken to be the
total surface area of tobacco products and packages in
the cabinet.
36. Number of product lines that can be displayed by retailer
For the purposes of section 22(4) —

(a) the display of tobacco products or packages must not show more than 150 different product lines unless —

(i) the holder of the retailer’s licence is a 50% retailer or a specialist retailer; or
(ii) the display is in a cigar cabinet or a humidified room;

and

(b)

the display of a product line that is packed in one type of package must show only one package of the product line unless the display is in a cigar cabinet or a humidified room; and

(c)

the display of a product line that is packed in more than one type of package must show only

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one of each type of those packages unless the
display is in a cigar cabinet or a humidified
room.
37.           Display of tobacco products or packages by retailer — other requirements

(1) For the purposes of section 22(4) the display of tobacco
products or packages —

(a) must show only tobacco products or packages of tobacco products that are available for sale, or that are usually available for sale, at the
premises specified in the licence; and

(b) must show only —
(i)      unopened packages of tobacco products; or
(ii)      opened packages of single cigars that are intended to be sold separately; or
(iii)      single cigars that are intended to be sold separately;

and

(c)

must not be illuminated or otherwise presented so as to make the display stand out from, or appear brighter than, its surroundings; and

(d)

must not illuminate or otherwise present a tobacco product, package or product line so as to make the tobacco product, package or product line stand out from, or appear brighter than, its surroundings or any other tobacco product, package or product line in the display.

(2)

For the purposes of section 22(4) the total surface area of tobacco products or packages facing customers must be contained within an area having a perimeter —

(a)

not exceeding 8 m in the case of a 50% retailer; and

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(b) not exceeding 5 m in any case other than that of a specialist retailer.
38. No display of tobacco products or packages on vending machines

For the purposes of section 22(4) tobacco products or
packages must not be displayed in or on a vending
machine.

Division 5 — Information about availability, price of
tobacco products

39. Information signs about availability or prices of tobacco products sold by retailers — location

For the purposes of section 24(1) a sign giving
information about the availability or price of tobacco
products —

(a) must be located at the place at which tobacco products are sold in the premises specified in the licence; and
(b) must be located on the seller’s side of a counter across which customers are served; and
(c) must not be located on a counter across which customers are served.

40. Information signs about availability or prices of tobacco products sold by retailers — contents

For the purposes of section 24(1) a sign giving
information about the availability or price of tobacco
products —

(a) must not contain information other than that describing any of the following —
(i) the product lines available;

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(ii)      if a product line is packed in more than one type of package, the types of package available;
(iii)      the country of origin of the available tobacco products;
(iv)      the price or prices of the available tobacco products;

and

(b) must not contain information appearing more than once about a particular product line but if a product line is packed in more than one type of package, may contain information that appears once about each type of those packages; and
(c) must not contain information about the availability or price of a tobacco products in a package mentioned in regulation 33; and
(d) must display at the top of the sign an approved Quitline logo that is at least 2 cm in height.

41. Information signs about availability or prices of tobacco products sold by retailers — specifications

For the purposes of section 24(1) signage giving
information about the availability or price of tobacco
products —

(a)

must not exceed 1 m2 in area (not including the area occupied by the Quitline logo required by regulation 40(d)); and

(b)

may comprise one or more signs as long as each sign is the same size and the total area of all the signs does not exceed 1 m; and

(c)

must have a white background with black lettering or a black background with white lettering and no other colouring; and

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(d) must not contain lettering or numbers that exceed 1 cm in height; and
(e) must not contain lettering or numbers in different sizes or fonts; and
(f) must not present any information about a product line so as to make it stand out from information about any other product line.
42. Information signs about availability or prices of tobacco products sold by retailers — cigar cabinets

For the purposes of section 24(1), in addition to
signage complying with regulation 41(a) and (b), there
may be a sign giving information about the availability
or price of cigars in a cigar cabinet if —

(a) the length of the sign’s perimeter does not exceed 1 m (not including the perimeter of the Quitline logo required by subregulation (c)); and
(b) the sign is affixed, or located immediately adjacent, to the cigar cabinet; and
(c) there is displayed at the top of the sign an approved Quitline logo that is at least 1 cm in height; and
(d) the sign complies with regulations 40(a) and (b) and 41(c), (d), (e) and (f).

43. Price tickets for tobacco products sold by retailers — location and numbers

(1) For the purposes of section 24(1) —

(a)

there must not be more than one price ticket for each product line in a display of tobacco products; and

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(b)

the price ticket for a product line must be located immediately below the display of the product line; and

(c)

if a facility is used to store but not display tobacco products, there must not be more than one price ticket displayed on the facility for each product line.

(2) For the purposes of section 24(2) there must not be
more than 4 price tickets for each product line available
from a vending machine displayed in or on the vending
machine.
44. Price tickets for tobacco products sold by retailers — contents
For the purposes of section 24(1) and (2) a price ticket may display information about any of the following —

(a) the brand name, nicotine content, tar content or flavour of a tobacco product;
(b) the number of items in a package containing a tobacco product;
(c) the country of origin of a tobacco product;
(d) the price of a tobacco product.

45.           Price tickets for tobacco products sold by retailers — specifications
For the purposes of section 24(1) and (2) —

(a) a price ticket must not exceed 35 cm2 in area; and
(b) a price ticket must have —
(i)      a white background with black lettering; or
(ii)      a black background with white lettering; or

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(iii) the same colour lettering and the same colour background as the other price tickets displayed in the premises unless the price ticket is in electronic form on a vending machine;

and

(c) all price tickets for tobacco products at the premises must have the same colour lettering and the same colour background; and
(d) a price ticket must not contain a fluorescent colour unless the price ticket is in electronic form on a vending machine; and
(e) a price ticket must not contain lettering or numbers for the product line information exceeding 8 mm in height; and
(f) a price ticket must not contain lettering or numbers for the product line information of a height exceeding that of the lettering or numbers for the price; and
(g) the lettering and numbers for the product line information must be of the same height on all price tickets on vending machines at the
premises;

(h) the lettering and numbers for the product line information must be of the same height on all price tickets for tobacco products for sale at the
premises other than by way of a vending
machine; and
(i) the lettering and numbers for the price must be of the same height on all price tickets on vending machines at the premises; and

(j)

the lettering and numbers for the price must be of the same height on all price tickets for

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tobacco products for sale at the premises other
than by way of a vending machine.
46. Price lists for cigars sold by retailers

For the purposes of section 24(1) information about the
availability or price of cigars in a cigar cabinet or
humidified room may be displayed in the form of a
price list if —

(a) the price list is available only on the request of a customer; and
(b) the price list is not available to be taken away by a customer; and
(c) the price list does not exceed 210 mm x 297 mm; and
(d) in the case of a price list that comprises more than one page, the pages are bound or fixed together so that they cannot be separated easily; and
(e) there is displayed at the top of each page of the price list an approved Quitline logo that is at least 1 cm in height.

47.           Facsimiles of tobacco products for information about availability of tobacco products sold by retailers or from vending machine

For the purposes of section 24(1) and (2) information
about the availability of a tobacco product may be
displayed in the form of a facsimile of the tobacco
product or its package if —

(a) the facsimile is located —
(i)      on a dispensing unit; or
(ii)      on a price list mentioned in regulation 46; or

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(iii) on a vending machine that does not display, other than in electronic form, information about a product line that is the subject of the facsimile;

and

(b) in the case of a facsimile on a dispensing unit, there is no other display of packages of cigarettes at the premises; and
(c) in the case of premises other than a duty free shop at an airport, the facsimile is not of a carton; and
(d) in the case of a facsimile of a package, the size of the facsimile is not greater than 50% of the actual size of the front face of the package; and
(e) in the case of a facsimile of a cigar, the size of the facsimile is not greater than the actual size of the cigar; and
(f) in the case of a facsimile of a package, it is a facsimile of the front face of the package that is labelled as required by section 19; and
(g) no more than 4 facsimiles of a particular product line are displayed at the premises; and
(h) no more than 75 facsimiles are displayed at the premises; and
(i)      the total surface area of all the facsimiles
located on a single dispensing unit or vending
machine, as is relevant to the case, is 1 m2 or
less.

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Division 6 — Warnings
48.           Warning signs about purchase of tobacco products etc. to underage persons — location

(1) For the purposes of section 25(1)(d) a sign must be
located —

(a) immediately adjacent to —
(i)      the place at which tobacco products are sold in the premises specified in the licence; or
(ii)      if there is no display of tobacco products, the place at which tobacco products are sold in the premises,

in such a position as to be clearly visible to a
customer when purchasing a tobacco product;
and

(b)

above the height of the counter across which customers are served.

(2) For the purposes of section 25(2)(a) a sign on a
vending machine must be in such a position as to be
clearly visible to a customer when purchasing a
tobacco product from the vending machine.
49. Warning signs about purchase of tobacco products etc. to underage persons — content and specifications

For the purposes of section 25(1)(d) and (2)(a) a
sign —

(a) must be at least 210 mm x 148 mm; and

(b)

must have the content, and be in the form and colouring, set out in Schedule 1; and

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(c) may display a reference to the State, the Department of Health, the Act, or more than one of those; and
(d) must not display any information other than required under paragraph (b) or allowed under paragraph (c); and
(e) may display any information required under paragraph (b) or allowed under paragraph (c) in a language other than English in addition to the display in the English language.
50. Health warning signs — location
For the purposes of section 25(2)(b) a health warning sign on a vending machine must be in such a position as to be clearly visible to a customer when purchasing a tobacco product from the vending machine.
51. Health warning signs — content and specifications

(1)

For the purposes of section 25(2)(b) and (3) in relation to tobacco products other than cigars in a cigar cabinet or humidified room a health warning sign —

(a)

must be at least 297 mm x 210 mm or in the case of a vending machine that is too small to display a sign of that size, 210 x 148 mm; and

(b)

must have the content, and be in the form and colouring, of one of the signs set out in Schedule 2.

(2) For the purposes of section 25(2)(b) and (3) in relation
to tobacco products in a cigar cabinet or humidified
room a health warning sign —

(a) must be at least 210 mm x 148 mm or in the case of a cigar cabinet that is designed to be
portable and has a volume not exceeding
50 cm3, at least 105 mm x 74 mm; and

668 GOVERNMENT GAZETTE, WA 28 February 2007
Tobacco Products Control Amendment Regulations 2007
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(b)

must have the content, and be in the form and colouring, set out in Schedule 3.

(3) For the purposes of section 25(2)(b) and (3) a health
warning sign —

(a)

may display a reference to the State, the Department of Health, the Act, or more than one of those; and

(b)

must not display any information other than required under subregulation (1)(b) or (2)(b), as is relevant to the case, or allowed under paragraph (a); and

(c)

may display any information required under subregulation (1)(b) or (2)(b), as is relevant to the case, or allowed under paragraph (a) in a language other than English in addition to the display in the English language.
Division 7 — Information and advice

52. Retailers providing purchasers of tobacco products with approved guides

For the purposes of section 26(2)(a) the provision of an
approved guide must be by way of placing copies of
the approved guide —

(a)

on a counter across which customers are served at the place at which tobacco products are sold in the premises specified in the licence; and

(b)

in such a manner as to enable a purchaser of a tobacco product to easily take a copy of the approved guide without the assistance of the holder of the retailer’s licence or the employee or agent of the holder of a retailer’s licence.

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Tobacco Products Control Amendment Regulations 2007

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53. Retailers making approved guides available to purchasers of tobacco products

For the purposes of section 26(2)(b) the making
available of an approved guide must be by way of
displaying the approved guide at the place at which
tobacco products are sold in the premises specified in
the licence in such a manner as to enable a purchaser of
a tobacco product to easily see the approved guide.
54. Wholesalers providing retailers with approved guides

For the purposes of section 26(3) approved guides are
to be provided —

(a)

to an approved holder of a retailer’s licence; and
(b) in an approved manner; and
(c) at an approved time.
Division 8 — Vending machines

55. Number of vending machines

The number of vending machines prescribed for the
purposes of section 27(2)(a) is 2.
56. Location of vending machines

For the purposes of section 27(2)(c) a vending machine
that can be operated without the assistance of a
responsible person in relation to the premises or his or
her representative is to be located on the premises so
that at all times during which members of the public
can obtain a tobacco product from the vending
machine, it is visible to the responsible person or a
representative.

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Division 9 — Smokeless tobacco
57. Smokeless tobacco

(1)

A tobacco product that comprises tobacco in a powdered form (“snuff ”) is prescribed for the purposes of section 30(2).
(2) The circumstances of the manufacture or sale of snuff
that are prescribed for the purposes of section 30(2) are
that the snuff is prepared, packed and clearly labelled
to be used by way of inhalation through the nostrils.

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Part 7 — Miscellaneous
58. Confidentiality — exceptions

(1) In this regulation —
“Commonwealth agency” means —

(a)

a department of the Commonwealth public service; or

(b)

an instrumentality or agency of the Crown in right of the Commonwealth.

(2) The following circumstances are prescribed for the
purposes of section 123(1)(f) —

(a) assisting a police officer in the performance of a function relating to the investigation and enforcement of an offence under a written law;
(b) assisting a member of, or a person performing a function in or for —
(i) the Australian Federal Police; or
(ii) the Australian Customs Service; or

(iii) the Australian Quarantine and
Inspection Service,
in the performance of a function relating to the
investigation and enforcement of an offence
under a Commonwealth law;

(c) assisting a person employed or engaged by the Commonwealth or a Commonwealth agency in the performance of a function relating to the
administration or enforcement of —

(i)
a customs law as defined in the Administration Act 1985 section 3; or

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(ii)
a taxation law as defined in the Administration Act 1933 section 2; or

(iii)
an Excise Act as defined in the section 4(1),

as that law applies to a tobacco product or
conduct in relation to a tobacco product.

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Schedule 1 — Warning signs about purchase of
tobacco products
[r. 49(b)]

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Schedule 2 — Health warning signs, general and
vending machines
[r. 51(1)(b)]

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Schedule 3 — Health warning signs — cigar
cabinets, humidified rooms
[r. 51(2)(b)]

”.
By Command of the Governor,
G. M. PIKE, Clerk of the Executive Council.

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Tobacco Products Control Amendment Regulations 2007 (WA)

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(a)	the applicant’s birth certificate; or
(b)	the applicant’s passport if the passport is either current or has not been expired for more than 24 months; or
(c)	the applicant’s motor driver’s licence; or
(d)	a certificate of the applicant’s Australian citizenship; or
(e)	a document establishing the discharge of the applicant from any of the Australian defence forces; or
(f)	a document establishing the applicant’s appointment as a Justice of the Peace; or
(g)	a certificate of the applicant’s identity issued by the department of the Commonwealth public service responsible for the administration of foreign affairs; or
(h)	a certificate of the applicant’s descent issued by the department of the Commonwealth public

(a)	written confirmation from one of the directors of the body corporate that the applicant is authorised by the body corporate to make the application;
(b)	an extract or other evidentiary document obtained under the Corporations Law as to the identity of each of the officers of the body corporate;
(c)	a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business to be conducted by the body corporate at the premises that are the subject of the application;
(d)	a document mentioned in the Business Names Act 1962 section 24 as to the person or persons in relation to whom the business name is registered.

(a)	a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business conducted by the body corporate at the premises that are the subject of the licence if there has been any change in the business name since the issue or most recent renewal of the licence;
(b)	a document mentioned in the Business Names Act 1962 section 24 as to any change as to the person or persons in relation to whom the
business name is registered since the issue or most recent renewal of the licence.

(1)	For the purposes of section 41(2), a condition that is to be taken to be attached to a retailer’s licence in relation to premises where tobacco products are sold (other
than by way of a vending machine) is that before the holder of the licence allows an employee or agent to sell a tobacco product or smoking implement at the
premises, the employee or agent —

(a)	is instructed not to sell a tobacco product or a smoking implement to a person who has not reached 18 years of age; and
(b)	is instructed not to sell a tobacco product or a smoking implement to a person unless the employee or agent —

(c)	is informed of the provisions of the Act Part 2 Division 1; and
(d)	is warned that the employee or agent might be charged with an offence if he or she breaches section 6, 8, 10 or 11, as is relevant to the

(2)	For the purposes of section 41(2), a condition that is to be taken to be attached to a retailer’s licence in relation to premises where tobacco products are sold by way of a vending machine is that each representative of the
responsible person —

(a)	written confirmation from one of the partners that the applicant is authorised by the partnership to make the application;
(b)	a document mentioned in the Business Names Act 1962 section 24 as to the registration of the business name (if any) applicable to the business conducted by the partnership at the premises that are the subject of the application if there has been any change in the business name since the issue or most recent renewal of the licence;
(c)	a document mentioned in the Business Names Act 1962 section 24 as to any change as to the person or persons in relation to whom the
business name is registered since the issue or most recent renewal of the licence.

(a)	the tobacco product was supplied from outside Western Australia; and
(b)	the supplier was not a person to whom section 56(2) applies,

(a)	all records containing the particulars that are required to be recorded for the purposes of section 56(1) and (2);
(b)	all written acknowledgments mentioned in regulation 20(1)(e) and (2)(c).

(a)	$50.00 for a retailer’s licence; and
(b)	$50.00 for an indirect seller’s licence; and
(c)	$125.00 for a wholesaler’s licence.

(a)	$150.00 for a retailer’s licence; and
(b)	$150.00 for an indirect seller’s licence; and
(c)	$375.00 for a wholesaler’s licence.

(a)	$170.00 for a retailer’s licence; and
(b)	$170.00 for an indirect seller’s licence; and
(c)	$425.00 for a wholesaler’s licence.

(a)	modelled on any logo described as a “Quitline logo” in the document entitled “Quit brand guidelines” published by the Cancer Council of Victoria; and
(b)	containing a combination of words or numbers,

(a)	has a transparent window; and
(b)	is used to display and store only cigars;

(a)	has a humidification system or device to add or remove moisture from the room’s atmosphere; and
(b)	is used to display and store only cigars; and
(c)	may be entered by potential purchasers of cigars;

(b)	a package containing cigarettes that are, except for the paper around any filter tip, enclosed in paper of a colour that is not white, black or brown;
(c)	a package displaying a word or set of words, picture, sign, symbol or other visual image (including a colour or scheme of colours) or other visual message suggesting that the package contains cigarettes of a kind mentioned in paragraph (a) or (b);

(1)	For the purposes of section 22(4) the display of tobacco products or packages must be located at the place at which tobacco products are sold in the premises specified in the licence.
(2)	For the purposes of section 22(4) the display of tobacco products or packages for sale at premises other than cigars for sale at licensed premises must be located —

(a)	behind (but not on) a counter across which customers are served on the seller’s side; or
(b)	directly above a counter across which customers are served so that the vertical distance between the bottom of the display and the floor level on the customer’s side of the counter is at least 1.7 m.

(a)	may be in one or 2 cigar cabinets; and
(b)	may be in a humidified room.

(b)	the display of a product line that is packed in one type of package must show only one package of the product line unless the display is in a cigar cabinet or a humidified room; and
(c)	the display of a product line that is packed in more than one type of package must show only

and
(c)	must not be illuminated or otherwise presented so as to make the display stand out from, or appear brighter than, its surroundings; and
(d)	must not illuminate or otherwise present a tobacco product, package or product line so as to make the tobacco product, package or product line stand out from, or appear brighter than, its surroundings or any other tobacco product, package or product line in the display.

(a)	must be located at the place at which tobacco products are sold in the premises specified in the licence; and
(b)	must be located on the seller’s side of a counter across which customers are served; and
(c)	must not be located on a counter across which customers are served.

and
(b)	must not contain information appearing more than once about a particular product line but if a product line is packed in more than one type of package, may contain information that appears once about each type of those packages; and
(c)	must not contain information about the availability or price of a tobacco products in a package mentioned in regulation 33; and
(d)	must display at the top of the sign an approved Quitline logo that is at least 2 cm in height.

(a)	must not exceed 1 m2 in area (not including the area occupied by the Quitline logo required by regulation 40(d)); and
(b)	may comprise one or more signs as long as each sign is the same size and the total area of all the signs does not exceed 1 m; and
(c)	must have a white background with black lettering or a black background with white lettering and no other colouring; and

(d)	must not contain lettering or numbers that exceed 1 cm in height; and
(e)	must not contain lettering or numbers in different sizes or fonts; and
(f)	must not present any information about a product line so as to make it stand out from information about any other product line.

(a)	the length of the sign’s perimeter does not exceed 1 m (not including the perimeter of the Quitline logo required by subregulation (c)); and
(b)	the sign is affixed, or located immediately adjacent, to the cigar cabinet; and
(c)	there is displayed at the top of the sign an approved Quitline logo that is at least 1 cm in height; and
(d)	the sign complies with regulations 40(a) and (b) and 41(c), (d), (e) and (f).

(b)	the price ticket for a product line must be located immediately below the display of the product line; and
(c)	if a facility is used to store but not display tobacco products, there must not be more than one price ticket displayed on the facility for each product line.

(a)	the brand name, nicotine content, tar content or flavour of a tobacco product;
(b)	the number of items in a package containing a tobacco product;
(c)	the country of origin of a tobacco product;
(d)	the price of a tobacco product.

(a)	a price ticket must not exceed 35 cm2 in area; and
(b)	a price ticket must have —