Tobacco Products (Prevention of Supply to Children) Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 117 Tobacco and Other Smoking Products Act 1998 TOBACCO PRODUCTS (PREVENTION OF SUPPLY TO CHILDREN) AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pt 1 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of s 1 (Short title). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of ss 3–5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—PROHIBITION SIGNS 3 Requirements for prohibition signs . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Display of prohibition sign by supplier—Act, s 20(1) . . . . . . . . . . . 4 5 Attachment or display of prohibition sign for tobacco product vending machine—Act, s 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—PRICE TICKETS, OTHER INDICATORS OF PRICE AND PRICE BOARDS Division 1—Price tickets and other indicators of price 6 Price ticket for other than a tobacco product vending machine—Act, s 26H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Price ticket for tobacco product vending machine—Act, s 26H . . . . 6 8 Other indicator of price for a tobacco product vending machine—Act, s 26H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 Division 2—Price boards 9 Price board—Act, s 26H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4—OTHER SIGNS Division 1—Quit smoking signs 10 Form of quit smoking sign—Act, s 26I . . . . . . . . . . . . . . . . . . . . . . . 11 Display of quit smoking sign by supplier—Act, s 26I . . . . . . . . . . . 12 Attachment or display of quit smoking sign for tobacco product vending machine—Act, s 26I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—No smoking signs 13 Form of no smoking sign—Act, s 26S. . . . . . . . . . . . . . . . . . . . . . . . 14 Display of no smoking sign—Act, s 26S. . . . . . . . . . . . . . . . . . . . . . 7 8 8 9 9 9

s1 3 s6 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 1 Short title This regulation may be cited as the Tobacco Products (Prevention of Supply to Children) Amendment Regulation (No. 1) 2002 . 2 Commencement This regulation commences on 31 May 2002. 3 Regulation amended This regulation amends the Tobacco Products (Prevention of Supply toChildren) Regulation 1998. 4 Insertion of new pt 1 hdg Before section 1— insert— ‘PART 1—PRELIMINARY’. 5 Replacement of s 1 (Short title) Section 1— omit, insert— ‘1 Short title ‘This regulation may be cited as the TobaccoandOtherSmokingProducts Regulation 1998 .’. 6 Replacement of ss 3–5 Sections 3 to 5— omit, insert—

s6 4 s6 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 ‘PART 2—PROHIBITION SIGNS ‘3 Requirements for prohibition signs ‘ (1) This section prescribes, for the schedule of the Act, definition “prohibition sign”, the requirements for a prohibition sign. ‘ (2) The sign must— (a) be at least 210 mm x 145 mm in size; and (b) display only the following words in the following sequence— ‘It is an offence to supply a smoking product to a person under 18 years. Maximum penalty $10 500. Proof of age may be required.’. ‘ (3) The words stated in subsection (2)(b) must be at least 8 mm in height. ‘ (4) Nothing in subsection (2) prevents the sign displaying a reference to the State, the department or the Act. ‘4 Display of prohibition sign by supplier—Act, s 20(1) ‘A supplier must display a prohibition sign at or near the supplier’s point of sale, other than a tobacco product vending machine, so that the sign is easily visible to a person purchasing a smoking product— (a) as the person approaches the point of sale; or (b) at the time of purchase. ‘5 Attachment or display of prohibition sign for tobacco product vending machine—Act, s 21 ‘A person in charge of a tobacco product vending machine must attach a prohibition sign to the front of the machine, or display a prohibition sign near the machine, so that the sign is easily visible to a person obtaining a tobacco product from the machine— (a) as the person approaches the machine; or (b) at the time of obtaining the tobacco product.

s6 5 s6 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 ‘PART 3—PRICE TICKETS, OTHER INDICATORS OF PRICE AND PRICE BOARDS ‘Division 1—Price tickets and other indicators of price ‘6 Price ticket for other than a tobacco product vending machine—Act, s 26H ‘ (1) For section 26H(a) of the Act, a price ticket for a smoking product other than a tobacco product being sold from a tobacco product vending machine— (a) must be no more than 100 mm x 80 mm in size; and (b) if the price ticket is for an immediate package of a product line, may only display— (i) words that indicate any of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and (ii) a bar code or similar identification code, for the product line; and (c) if the price ticket is for a carton of a product line, may only display— (i) words that indicate any of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and (ii) a bar code, or similar identification code, for the product line. ‘ (2) The words, bar code or similar identification code displayed on the price ticket must be—

s6 6 s6 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 (a) in white on a black background; or (b) in black on a white background. ‘ (3) Subsection (4) applies, if, in a retail outlet, price tickets for goods other than smoking products have information about the goods in 1 colour (the “information colour”) on a background of another colour (the “background colour” ). ‘ (4) Despite subsection (2), a price ticket for a smoking product may display the words, bar code or similar identification code in the information colour on the background colour. ‘7 Price ticket for tobacco product vending machine—Act, s 26H ‘ (1) For section 26H(a) of the Act, a price ticket for a tobacco product being sold from a tobacco product vending machine— (a) must be no more than 100 mm x 80 mm in size; and (b) may only display— (i) words that indicate any of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and (ii) a bar code or similar identification code, for the product line. ‘ (2) The words, bar code or similar identification code displayed on the price ticket must be— (a) in white on a black background; or (b) in black on a white background; or (c) in any 1 colour on a background of any other 1 colour. ‘ (3) All the price tickets for a tobacco product vending machine must be in the same 2 colours.

s6 7 s6 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 ‘8 Other indicator of price for a tobacco product vending machine—Act, s 26H ‘For section 26H(a) of the Act, an indicator of price, other than a price ticket, for a tobacco product being sold from a tobacco product vending machine may only display words that indicate any of the following— (a) the name of a product line for the tobacco product; (b) the number of items in an immediate package of the product line; (c) the price of the immediate package; (d) the country of origin of the product line. Example of an indicator of price other than a price ticket — An electronic display in a tobacco product vending machine. ‘Division 2—Price boards ‘9 Price board—Act, s 26H ‘ (1) For section 26H(b) of the Act, a price board— (a) must be no more than 1 m 2 in area; and (b) may only display— (i) words that indicate any of the following— (A) the name of a product line; (B) the number of items in an immediate package of a product line; (C) the number of immediate packages in a carton of a product line; (D) the price of an immediate package of a product line; (E) the price of a carton of a product line; (F) the country of origin of the product line; and (ii) a bar code, or similar identification code, for a product line. ‘ (2) The words, bar code or similar identification code displayed on the price board must be—

s6 8 s6 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 (a) in white on a black background; or (b) in black on a white background. ‘PART 4—OTHER SIGNS ‘Division 1—Quit smoking signs ‘10 Form of quit smoking sign—Act, s 26I ‘ (1) For section 26I(1) of the Act, a quit smoking sign must— (a) be at least 410 mm x 290 mm in size; and (b) display only the following words in the following sequence— (i) ‘Any time. Any day. We’re here to help. Quitline 131 848.’; or (ii) ‘Call us. We can help you quit smoking. Quitline 131 848.’; or (iii) ‘Smoking kills. Quitline 131 848.’. ‘ (2) The words displayed on the sign must be in black on a white background. ‘ (3) Nothing in subsection (1) prevents the sign displaying a reference to the State, the department or the Act. ‘11 Display of quit smoking sign by supplier—Act, s 26I ‘ (1) A supplier must display a quit smoking sign at the supplier’s point of sale, other than a tobacco product vending machine, so that the sign is easily visible to a person purchasing a smoking product at the point of sale. ‘ (2) If a supplier has more than 1 point of sale at a retail outlet, the supplier complies with subsection (1) if the supplier displays the quit smoking sign at the point of sale at which the majority of sales of smoking products are made at the retail outlet.

s6 9 s6 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 ‘12 Attachment or display of quit smoking sign for tobacco product vending machine—Act, s 26I ‘A person in charge of a tobacco product vending machine must attach a quit smoking sign to the front of the machine, or display a quit smoking sign near the machine, so that the sign is easily visible to a person obtaining a tobacco product from the machine. ‘Division 2—No smoking signs ‘13 Form of no smoking sign—Act, s 26S ‘ (1) For section 26S of the Act, a no smoking sign— (a) must display a symbol (a “no smoking symbol” ) in the form of a circle and a diagonal line over a depiction of a cigarette and smoke; and (b) may display any words that indicate smoking is not permitted. ‘ (2) The no smoking symbol must be at least 70 mm in diameter. ‘ (3) Nothing in subsection (1) prevents the sign displaying a reference to the State, the department or the Act. ‘14 Display of no smoking sign—Act, s 26S ‘ (1) For section 26S of the Act, a licensee of licensed premises containing a dining area or bingo area or, for a casino, a gaming table area, must display a prominent no smoking sign for the area— (a) at the entrance to the area; or (b) in the area. ‘ (2) In this section— “prominent” , for a no smoking sign, means— (a) for a sign at the entrance to an area—easily visible to a person who is about to enter the area; or (b) for a sign in an area—easily visible to a person who is in the area.’.

10 Tobacco Products (Prevention of Supply to Children) No. 117, 2002 Amendment Regulation (No. 1) 2002 ENDNOTES 1. Made by the Governor in Council on 30 May 2002. 2. Notified in the gazette on 31 May 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Health. © State of Queensland 2002