Tobacco Act 1987

the following guiding principles are recognised in relation to the use, supply and promotion of tobacco—

tobacco use is so injurious to the health of both smokers and non-smokers as to warrant restrictive legislation;

tobacco use has adverse health effects even with infrequent use and there is no completely safe form of tobacco use;

tobacco use is a widely accepted practice amongst adults which it is inappropriate to ban completely;

the extent of the health effects of smoking requires strong action to deter people from taking up smoking and to encourage existing smokers to give up smoking;

the association of smoking with social success, business advancement and sporting prowess through use of advertising and promotion has a particularly harmful effect by encouraging children and young people to take up smoking; and

it has been resolved to discourage the use of tobacco in all its forms and to prohibit various types of promotion and advertising of tobacco products in order to reduce the incidence of tobacco-related illness and death.

to prohibit certain sales or promotion of tobacco products and certain non‑tobacco products; and

to establish a licensing scheme to regulate the lawful supply of tobacco products; and

to create offences in relation to smoking, possession of tobacco products and licensing; and

to establish the Victorian Health Promotion Foundation.

Except as provided in this section, this Act comes into operation on the day on which it receives the Royal Assent.

Sections 6(1) and (3), 13 and 15 come into operation on 1 April 1988.

Section 14 comes into operation on 1 July 1988.

Section 6(2) comes into operation on 1 January 1989.

Subject to this section, for the purposes of this Act, a tobacco advertisement is any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote—

smoking; or

the purchase or use of a tobacco product or range of tobacco products; or

the whole or a part of a trade mark that is registered under the Trade Marks Act 1955 of the Commonwealth in respect of goods that are or include tobacco products; or

the whole or a part of a design that is registered under the Designs Act 2003 of the Commonwealth in relation to products that are or include tobacco products; or

the whole or a part of the name of a person—

who is a manufacturer of tobacco products; and

whose name appears on, or on the packaging of, some or all of those products; or

any other words or designs, or a combination of words and designs, that are closely associated with a person described in paragraph (e); or

any other words (for example the whole or a part of a brand name) or designs, or combination of words and designs, that are closely associated with a tobacco product or range of tobacco products (whether also closely associated with other kinds of products).

A reference in subsection (1) to a visual image or a design includes a reference to an image or design consisting of a colour or a scheme of colours.

Without limiting subsection (1), a tobacco advertisement includes—

the display of an immediate package of a tobacco product;

the advertisement of cigarette papers.

Without limiting subsection (1)(ea), words or designs, or a combination of words and designs, are closely associated with a manufacturer of tobacco products if that manufacturer enters into a contract, agreement, partnership, sponsorship, undertaking or understanding with a person for that person to give publicity to, or otherwise promote or intend to promote, the words or designs, or a combination of words and designs.

Words, signs or symbols that appear as part of the standard wording of an invoice, statement, order form, letterhead, business card, cheque, manual, or other document, ordinarily used in the normal course of the business of a manufacturer, distributor or retailer of tobacco products (a business document) do not, when so appearing, constitute a tobacco advertisement (but this does not prevent a still or moving picture, or other visual image of a business document, from being a tobacco advertisement).

Words, signs or symbols that appear in or on land or buildings occupied by a manufacturer of tobacco products do not, when so appearing, constitute a tobacco advertisement (but this does not prevent a still or moving picture, or other visual image, of words, signs or symbols that so appear from being a tobacco advertisement).

For the avoidance of doubt, the taking of any action to prevent a product from causing injury to anyone, including action—

to recall a product; or

to disclose a defect in, or a dangerous characteristic of, a product; or

to disclose circumstances in which the use of a product is or may be dangerous; or

to disclose procedures for disposing of a product—

If—

apart from this subsection, something (the advertisement) would, technically, be a tobacco advertisement; and

it is clear from the advertisement that its sole or principal purpose is to discourage smoking or the use of tobacco products—

In this section—

For the purposes of this Act, an outdoor dining area is—

an outdoor area in a public place—

that has an occupier; and

that the occupier permits to be used for the consumption of food provided on a commercial basis, whether or not prepared by, or on behalf of, the occupier; and

to which neither paragraph (b) nor (c) applies; or

an outdoor area in a public place at which a food fair is held; or

an area that—

is part of an outdoor area in a public place at which an organised event (other than a food fair) is held; and

is within 10 metres of a place at the outdoor area at which food is provided on a commercial basis by, or with the permission of, the occupier of the outdoor area.

In this section—

In this Act, an associate of a person (primary person) who is an applicant for a licence, a licensee or a proposed transferee of a licence is—

a person who—

has or will have a relevant financial interest, or is or will be entitled to exercise a relevant power (whether in right of the person or on behalf of any other person) in the tobacco supply business carried on, or proposed to be carried on, under the licence; and

by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management of that business; or

a person who holds or will hold any relevant position (whether in right of the person or on behalf of another person) in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

if the primary person is a body corporate, a relative of any director of the primary person, other than a relative—

who is not, and has never been, involved in a tobacco supply business of the primary person; or

who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

if the primary person is a natural person who holds or will hold the licence on the primary person's own account, a relative of the primary person, other than a relative—

who is not, and has never been, involved in a tobacco supply business of the primary person; or

who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

if the primary person is a natural person who holds or will hold the licence on behalf of a partnership, a relative of any partner in the partnership, other than a relative—

who is not, and has never been, involved in a tobacco supply business of the partnership; or

who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

a person who is prescribed as an associate of the primary person.

In this section—

a person who is in a registered relationship with the person; or

an adult person to whom the person is not married, but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

for fee or reward; or

on behalf of another person or organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

the spouse or domestic partner of the person;

a parent, child, step child, adopted child, sibling or step sibling of the person;

a parent, child, step child, adopted child, sibling or step sibling of the spouse or domestic partner of the person;

a share in the capital of the business; or

an entitlement to receive any income derived from the business; or

an entitlement to receive a payment as a result of money advanced;

director, partner, trustee, manager or other executive position; or

secretary;

to participate in a directorial, managerial or executive decision; or

to elect or appoint a person as a director;

For the purposes of the definition of domestic partner in subsection (2)—

registered relationship has the same meaning as in the Relationships Act 2008; and

in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

a person is not a domestic partner of another person only because they are co‑tenants.

Nothing in this Act applies to anything done by radio or television broadcast.

Nothing in this Act or the regulations applies to—

the labelling of packages of tobacco if the tobacco is packed for sale outside Victoria and is not sold in Victoria; or

anything which causes, permits, authorises or assists in the sale or promotion of the sale, purchase, use or consumption of a tobacco product if the sale, purchase, use or consumption occurs solely outside Victoria.

Nothing in section 9 applies to anything done before 1 January 1989 under a contract or agreement entered into before 8 October 1987.

The objects of this Act are—

the active discouragement of the smoking of tobacco—

by encouraging non-smokers, particularly young people, not to start smoking; and

by limiting exposure of children and young people to persuasion to smoke; and

by encouraging and assisting smokers to give up smoking; and

the promotion of health and illness prevention; and

in relation to the licensing scheme for tobacco retailers and wholesalers—

the safeguarding of the suitability of licensed retailers and wholesalers of tobacco products; and

the promotion and enforcement of compliance with controls on the lawful sale and promotion of tobacco products; and

the upholding of the integrity of the licensing scheme by deterring unlawful conduct.

In giving effect to the objects referred to in subsection (1)(a) and (b), the Minister shall cause steps to be taken to—

plan and co-ordinate an integrated State-wide program to reduce the prevalence of smoking in Victoria; and

encourage agreements to prohibit or limit the places and times at which people may smoke in enclosed public places or in the work environment; and

ensure that tobacco usage by all age and sex groups in the population is monitored and reported upon regularly; and

evaluate the effectiveness of anti-smoking programs and plan future activities and policies on tobacco usage.