Tobacco Control Act 2002

In this Act:

adult means a person who is 18 or more years of age.

affected person, see section 41.

air-conditioning inlet area means an area within 3 metres of an air-conditioning inlet (whether indoors or outdoors) through which air is directed into a smoke-free area, other than an air-conditioning inlet that draws air from an exempt area.

approved form means a form approved under section 54C.

authorised officer has the meaning in section 47.

brand, in relation to a tobacco product, means a work produced for the purpose of advertising or promoting the tobacco product.

brand marketing, in relation to a tobacco product, means the distribution or supply (whether for valuable consideration or not) by or on behalf of a manufacturer, distributor, wholesaler or retailer of tobacco products of a thing (other than a tobacco product that is packaged in accordance with this Act and the Regulations) that bears:

(c) the name of the distributor, wholesaler or retailer who is engaged solely or predominantly in the distribution, wholesaling or retailing of tobacco products; or

(d) a name that a reasonable person would associate with a tobacco product.

brand name, in relation to a tobacco product, means the brand name, or any part of it, under which the tobacco product is sold, and includes a trade mark.

child means a person who is under 18 years of age.

commercial passenger vehicle has the same meaning as in the Commercial Passenger (Road) Transport Act 1991.

delegate decision, see section 41.

Director means the Director of Tobacco Control appointed under section 54A.

e-cigarette means:

(a) a device, other than a device excluded by the Regulations, that is designed for vaping; or

(b) another device of a kind prescribed by the Regulations that is designed to be used in a way that replicates, or produces an experience similar to, the use of a tobacco product.

e-cigarette accessory means:

(a) a cartridge, capsule or other container designed to contain a liquid, aerosol, gas or vapour for use in an e‑cigarette; or

(b) a cartridge, capsule or other container designed to contain tobacco or a similar product for use in an e-cigarette; or

(d) another component of an e-cigarette of a kind prescribed by the Regulations.

educational facility means:

(b) a pre-school, including all of the pre-school's buildings and grounds; or

(c) a commercial childcare facility (other than domestic premises used for that purpose), including all of the facility's buildings and grounds; or

(d) domestic premises used as a commercial childcare facility, but only during the hours of operation of the facility and not including the premises' grounds; or

(e) any other facility primarily used for the provision of education or care for children, including all of the facility's buildings and grounds.

enclosed public area means a place, or a part of a place, that is used or is intended to be used by members of the public and has a ceiling or roof and (except for doorways and passageways) is completely or substantially enclosed by walls, windows, blinds, curtains or other objects, materials or things.

enclosed workplace area means a place, or part of a place, of employment (other than an enclosed public place) that has a ceiling or roof and (except for doorways and passageways) is completely or substantially enclosed by walls, windows, blinds, curtains or other objects, materials or things, but does not include a place, or part of a place, of business that is in or on domestic premises if that place or part is not used and is not intended to be used by members of the public or employees of the business.

entrance area means an area within 2 metres of a door, window or other opening that opens into or onto an enclosed public area or an enclosed workplace area.

entry and boundary area of a place means:

(a) an area within 10 m of the gate or similar entry point to the place; and

(b) if there is a boundary to the place, or a boundary is indicated by signs (including no smoking signs), an area within 10 metres of the boundary.

exempt area means an area designated under section 11 to be an exempt area.

food service area has the meaning in section 5A.

indoor food service area means a food service area that is part of an enclosed public area or part of an enclosed workplace area.

infringement notice means an infringement notice within the meaning of the Fines and Penalties (Recovery) Act 2001 that is issued under the Regulations in respect of an offence against this Act or the Regulations.

licensed tobacco retailer means the holder of a tobacco retail licence.

liquor licensed premises means premises that are licensed under the Liquor Act 2019.

liquor licensee means a person who holds a licence under the Liquor Act 2019, other than an interstate retailer's licence.

motor vehicle means a vehicle designed to be self-propelled, including a trailer or caravan when attached to such a vehicle, but excluding the following:

(b) a powered cycle, as defined in section 5(1) of the Motor Vehicles Act 1949;

(c) a campervan or caravan that is parked and set up as a place for living or sleeping;

outdoor eating and drinking area, see section 5B.

outdoor food service area means a food service area that is not an enclosed public area or an enclosed workplace area.

outdoor public venue means an outdoor venue that is used or is intended to be used by the public, or part of such venue, if that place or part has fixed seating.

package, in relation to a tobacco product, means the package in which the tobacco product is sold or supplied or is intended to be sold or supplied, and includes:

photographic identification means:

(a) a current driver's licence that includes a photograph, and indicates the date of birth, of the person to whom it is issued; or

(c) a form of photographic identification prescribed by the Regulations.

premises includes a building, a vehicle and a vessel.

public transport means a vehicle or vessel (including but not limited to a commercial passenger vehicle, train or ferry) that is used or is intended to be used by fare-paying passengers, and includes the driver's seat, a cabin or any other place in or on the vehicle or vessel from which it is driven or otherwise controlled or operated.

public transport area means:

(a) a place (including but not limited to a bus stop, station, terminal or airport) that is used or is intended to be used by passengers boarding or alighting from public transport and at which shelter is provided for those passengers; or

(b) an area within a prescribed distance (if any) of a taxi zone within the meaning of the Australian Road Rules, whether shelter is provided in that area for passengers boarding or alighting from taxis or not.

reviewable decision, see section 41.

sell includes:

(c) to supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and

(d) to supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain.

shared accommodation means:

(a) a residential facility for which an approval is in force under the Aged Care Act 1997 (Cth) for an approved provider to provide residential care to persons in the facility; or

(b) commercial visitor accommodation, as defined in the Public and Environmental Health Regulations 2014.

smoke-free area has the meaning in section 7.

smoking means releasing smoke or fumes from an ignited tobacco product, and includes holding or controlling an ignited tobacco product.

specialist tobacconist means a person who conducts a business selling tobacco products by retail where:

(a) 85% or more of the average annual gross turnover of the business is derived from the sale of tobacco products; and

(b) the business is conducted separately from, and not in conjunction with, any other business.

tobacco product has the meaning in section 6.

tobacco retail licence means a tobacco retail licence referred to in section 28.

trade mark means a registered trade mark within the meaning of the Trade Marks Act 1995 of the Commonwealth.

value-added marketing, in relation to a tobacco product, means a marketing device, plan or scheme (other than price discounting):

(b) that provides or is intended to provide a material incentive to purchase a tobacco product, being a material incentive that is in addition to the acquisition of the tobacco product; or

(c) a purpose of which is to obtain information that is intended or is likely to be used to market tobacco products.

vaping, in relation to an e-cigarette, means using the e-cigarette to generate or release an aerosol or vapour by electronic means for inhalation by the user in a manner that replicates, or produces an experience similar to, smoking.

vending machine means a machine that is used or is intended to be used to dispense tobacco products directly to customers.

voluntarily declared area, see section 7A.

Note for section 5

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.