Tobacco and Other Smoking Products Act 1927

The Executive may make regulations for this Act.

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.

A regulation may prescribe requirements that must be complied with in relation to the location or storage of smoking products.

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.

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 1 Reviewable 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 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2 In 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—

means an authorised officer under section 32; but

for part 6A (Tobacco compliance testing)—see section 42A.

cigar—

means a roll of cut tobacco for smoking that is enclosed in tobacco leaf or the leaf of another plant; and

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—

means a product prepared for smoking that contains a herb or other plant matter; but

does not contain tobacco or a controlled drug within the meaning of the Criminal Code, chapter 6 (Serious drug offences).

immediate package, of a smoking product, means a package containing the product—

in the case of a smoking product other than cigars—not including a package containing a further package or packages of the product; and

in the case of cigars—

including a package constituted by the individual wrapping of a cigar, and a package containing individually-wrapped or unwrapped cigars; but

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—

for part 7 (Licences)—see section 43; and

for division 7.3 (Occupational discipline—licensees)—see section 55.

occupier, of premises—

for this Act generally—means a person having the management or control, or otherwise being in charge, of the premises; and

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:

brand;

flavour (including menthol flavour);

nicotine or tar content;

the number of items in the immediate package in which it is sold;

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—

is of a kind commonly used for smoking products; or

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:

electronic funds transfer;

inserting money, a token or another object.

Example—other objects—par (b)

1 credit card

2 debit card

3 key warrant, for part 6 (Enforcement)—see section 31.

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.