Tobacco and Other Smoking Products Act 1927

This section applies if the ACAT may make an occupational discipline order in relation to a licensee.

Note The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.

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:

direct the commissioner to vary a tobacco licence held by the person with effect for a stated period of not longer than 5 years—

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

to impose a condition prohibiting smoking advertising on or adjacent to 1 or more of the premises stated in the licence; or

to impose conditions relating to the sale of smoking products to people under 18 years old; or

to impose a condition prohibiting the sale of smoking products at 1 or more of the premises stated in the licence;

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;

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.

Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.

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.

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—

cancel each tobacco licence held by the person; and

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