Tobacco Act 1987

In this Act—

S. 3 def. of acceptable no smoking sign inserted by No. 45/2005 s. 3(a).

acceptable no smoking sign means a sign that contains—

S. 3 def. of angled stack inserted by No. 28/2001 s. 3(1).

angled stack means packages stacked behind each other from the point of view of the customer's side of the customer service area;

S. 3 def. of approved issuer document inserted by No. 45/2005 s. 3(a).

approved issuer document means a document issued—

approved by the Minister;

S. 3 def. of approved venue inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(a)).

approved venue has the same meaning as in the Gambling Regulation Act 2003;

S. 3 def. of associate inserted by No. 51/2024 s. 5.

associate has the meaning given by section 3G;

S. 3 def. of ban order inserted by No. 49/2009 s. 8(1).

ban order means an order made by the Minister under section 15N(1);

S. 3 def. of bar area inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 21(a)(i).

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S. 3 def. of bingo inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(b)).

bingo has the same meaning as in the Gambling Regulation Act 2003;

S. 3 def. of bingo area inserted by No. 31/2002 s. 4(1).

bingo area has the meaning given by section 3C;

S. 3 def. of bingo centre inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(b)).

bingo centre has the same meaning as in the Gambling Regulation Act 2003;

S. 3 def. of carton inserted by No. 43/2000 s. 4(1), amended by Nos 55/2016 s. 9(2)(a), 51/2024 s. 46(b).

carton means a package containing packages of a tobacco product, or a package designed to contain packages of a tobacco product, but does not include a package containing individually-wrapped cigars (unless the package contains a further package or packages of the cigars);

S. 3 def. of casino inserted by No. 31/2002 s. 4(1).

casino has the same meaning as in the Casino Control Act 1991;

Chairperson means Chairperson of the Foundation;

S. 3 def. of children's indoor play centre inserted by No. 65/2014 s. 4.

children's indoor play centre means premises used by a business whose principal revenue is generated by providing indoor play equipment to be used at the premises predominantly by children under the age of 12 years and those responsible for their care;

S. 3 def. of children's service inserted by No. 65/2014 s. 4.

children's service has the same meaning as in section 3(1) of the Children's Services Act 1996;

S. 3 def. of children's service premises inserted by No. 65/2014 s. 4, substituted by No. 37/2019 s. 22.

children's service premises has the same meaning as in the Children's Services Act 1996;

S. 3 def. of controlled shopping centre inserted by No. 43/2000 s. 4(1), repealed by No. 28/2001 s. 3(2)(a).

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S. 3 def. of correspond-ing law inserted by No. 51/2024 s. 5.

corresponding law means—

S. 3 def. of Council inserted by No. 51/2024 s. 5.

Council has the same meaning as in the Local Government Act 2020;

S. 3 def. of criminal history check inserted by No. 51/2024 s. 5.

criminal history check means a check of the criminal history of a person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;

S. 3 def. of declared smoking area inserted by No. 31/2002 s. 4(1), amended by No. 45/2005 s. 21(a)(ii), repealed by No. 42/2022 s. 63.

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S. 3 def. of designated non-smoking room inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 21(b).

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S. 3 def. of dining area inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 21(b).

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S. 3 def. of director inserted by No. 51/2024 s. 5.

director of a body corporate includes—

S. 3 def. of display inserted by No. 43/2000 s. 4(1), amended by Nos 55/2016 s. 9(2)(b), 51/2024 s. 46(c).

display, in relation to a tobacco product at a retail outlet or a wholesale outlet, means display to the customers of the retail outlet or wholesale outlet;

S. 3 def. of disqualified person inserted by No. 51/2024 s. 5.

disqualified person means a person disqualified under section 34ZU or 34ZY(c) from holding a licence;

S. 3 def. of driver inserted by No. 49/2009 s. 8(1).

driver has the same meaning as in the Road Safety Act 1986;

S. 3 def. of driver licence inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 3(b).

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S. 3 defs of e-cigarette, e‑cigarette accessory, e‑cigarette company, e‑cigarette product, e‑cigarette retailing business and e‑cigarette wholesaling business inserted by No. 55/2016 s. 9(1), repealed by No. 51/2024 s. 46(m).

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S. 3 def. of education and care service inserted by No. 65/2014 s. 4.

education and care service has the same meaning as in section 5(1) of the Education and Care Services National Law (Victoria);

S. 3 def. of education and care service premises inserted by No. 65/2014 s. 4.

education and care service premises has the same meaning as in paragraph (a) of the definition of education and care service premises in section 5(1) of the Education and Care Services National Law (Victoria);

S. 3 def. of enclosed inserted by No. 43/2000 s. 4(1), amended by No. 31/2002 s. 4(2)(a)(b), substituted by No. 45/2005 s. 3(c).

enclosed means an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are—

S. 3 def. of evidence of age document inserted by No. 43/2000 s. 4(1), substituted by No. 45/2005 s. 3(d).

evidence of age document means a document that—

S. 3 def. of exercise yard inserted by No. 45/2005 s. 3(a), repealed by No. 45/2014 s. 6.

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Foundation means the Victorian Health Promotion Foundation;

S. 3 def. of gaming machine inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(a)).

gaming machine has the same meaning as in the Gambling Regulation Act 2003;

S. 3 def. of gaming machine area inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(a)).

gaming machine area has the same meaning as in the Gambling Regulation Act 2003;

S. 3 def. of gaming room inserted by No. 31/2002 s. 4(1).

gaming room means a room in an approved venue in which gaming machines available for gaming are installed;

S. 3 def. of high roller room inserted by No. 31/2002 s. 4(1), repealed by No. 42/2022 s. 63.

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S. 3 def. of highway inserted by No. 49/2009 s. 8(1).

highway has the same meaning as in the Road Safety Act 1986;

S. 3 def. of illicit tobacco inserted by No. 51/2024 s. 5.

illicit tobacco means—

S. 3 def. of immediate package inserted by No. 43/2000 s. 4(1), amended by Nos 55/2016 s. 9(2)(c), 51/2024 s. 46(d).

immediate package, in relation to a tobacco product, means a package containing the product—

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S. 3 def. of improvement notice inserted by No. 51/2024 s. 32.

improvement notice means a notice issued under section 35ZC;

S. 3 def. of inspector inserted by No. 43/2000 s. 4(1), amended by Nos 46/2008 s. 291, 51/2024 s. 10(b).

inspector means a person—

S. 3 def. of interstate driver licence inserted by No. 45/2005 s. 3(a).

interstate driver licence means a licence issued in another State or a Territory that is the equivalent of a Victorian driver licence;

S. 3 def. of interstate proof of age card inserted by No. 45/2005 s. 3(a).

interstate proof of age card means a card issued in another State or a Territory that is the equivalent of a Victorian proof of age card;

S. 3 def. of licence inserted by No. 51/2024 s. 5.

licence means a licence to sell tobacco products in Victoria;

S. 3 def. of licence application inserted by No. 51/2024 s. 5.

licence application means an application under section 34A for a licence;

S. 3 def. of licensed premises inserted by No. 31/2002 s. 4(1), amended as licensed liquor premises by No. 51/2024 s. 10(c).

licensed liquor premises means premises in respect of which a general licence, an on-premises licence or a club licence within the meaning of the Liquor Control Reform Act 1998 is in force, other than premises that are a restaurant or cafe or a bingo centre;

S. 3 def. of licensed tobacco premises inserted by No. 51/2024 s. 5.

licensed tobacco premises means premises in respect of which a licence is issued;

S. 3 def. of licensee inserted by No. 51/2024 s. 5.

licensee means a person who holds a licence;

S. 3 def. of licensing inspector inserted by No. 51/2024 s. 10(a).

licensing inspector means a person appointed under section 35D;

S. 3 def. of licensing offence inserted by No. 51/2024 s. 32.

licensing offence means an offence against a provision of—

S. 3 def. of medicinal cannabis vaporiser inserted by No. 51/2024 s. 46(a).

medicinal cannabis vaporiser has the meaning given by section 80T of the Drugs, Poisons and Controlled Substances Act 1981;

member means member of the Foundation;

S. 3 def. of minor gaming permit inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(c)).

minor gaming permit means a permit issued under Division 2 of Part 3 of Chapter 8 of the Gambling Regulation Act 2003;

S. 3 def. of motor vehicle inserted by No. 49/2009 s. 8(1).

motor vehicle has the same meaning as in the Road Safety Act 1986;

S. 3 def. of municipal district inserted by No. 51/2024 s. 5.

municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;

S. 3 def. of newspaper substituted by No. 56/1998 s. 5(2).

newspaper means any paper or pamphlet in paper form containing any public news or comments on public news or any political matter printed for sale or distribution and published periodically at intervals not exceeding 26 days but does not include any document containing only matter wholly of a commercial nature;

S. 3 def. of occupier inserted by No. 43/2000 s. 4(1), substituted by No. 49/2009 s. 8(2).

occupier, in relation to an area or premises, means—

S. 3 def. of on‑airport duty free shop inserted by No. 28/2001 s. 3(1).

on-airport duty free shop has the same meaning as in regulation 93 of the Customs Regulations 1926 of the Commonwealth;

S. 3 def. of outdoor dining area inserted by No. 55/2016 s. 5(1).

outdoor dining area has the meaning given in section 3F;

S. 3 def. of outdoor dining or drinking area inserted by No. 45/2005 s. 3(a), amended as outdoor drinking area by No. 55/2016 s. 4(1).

outdoor drinking area means any of the following outdoor areas that is predominantly used for the consumption of drinks—

S. 3 def. of package inserted by No. 43/2000 s. 4(1), substituted by No. 55/2016 s. 5(2), amended by No. 51/2024 s. 46(e).

package (other than in relation to a snack) does not include a transparent wrapping, unless the wrapping has a tobacco advertisement printed on it;

S. 3 def. of pedestrian access point inserted by No. 65/2014 s. 4.

pedestrian access point in relation to premises means a door or gate by which a pedestrian can enter or exit the premises but does not include—

S. 3 def. of point of sale inserted by No. 43/2000 s. 4(1), amended by Nos 55/2016 s. 9(2)(d), 51/2024 s. 46(f).

point of sale means a place where tobacco products are sold within a retail outlet or wholesale outlet, and includes a vending machine from which tobacco products are sold;

S. 3 def. of police member inserted by No. 45/2005 s. 3(a), substituted as police officer by No. 37/2014 s. 10(Sch. item 169.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of premises inserted by No. 43/2000 s. 4(1).

premises includes any part of premises and includes a vehicle or vessel and a permanent or temporary structure;

S. 3 def. of product line inserted by No. 43/2000 s. 4(1), amended by Nos 31/2002 s. 4(3), 55/2016 s. 9(2)(e), 51/2024 s. 46(g).

product line means a kind of tobacco product distinguishable from other kinds by one or more of the following characteristics—

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but not by the size of the package containing the tobacco product;

S. 3 def. of proof of age card inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 3(e).

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S. 3 def. of protected information inserted by No. 51/2024 s. 5.

protected information means any information, document or thing the production or inspection of which—

public place includes a place to which the public ordinarily has access, whether by payment or not, but does not include a part of a place to which the public has access by reason only of the carrying on of a trade, business or profession on or in that place;

S. 3 def. of Regulator inserted by No. 51/2024 s. 5.

Regulator means the Department Head (within the meaning of the Public Administration Act 2004) of the Department administered by the Minister administering Part 3AA;

S. 3 def. of relocation application inserted by No. 51/2024 s. 5.

relocation application means an application under section 34H to relocate licensed tobacco premises to another premises;

S. 3 def. of renewal application inserted by No. 51/2024 s. 5.

renewal application means an application under section 34ZS to renew a licence;

S. 3 def. of represen-tations inserted by No. 51/2024 s. 5.

representations includes any information the person making the representations considers may be relevant for the Regulator to make a decision on the matter in relation to which the representations are made;

S. 3 def. of residential care facility inserted by No. 45/2005 s. 3(a), amended by Nos 49/2010 s. 232, 37/2021 s. 399.

residential care facility means—

S. 3 def. of restaurant or cafe inserted by No. 43/2000 s. 4(1).

restaurant or cafe means premises that are, or an area in premises that is, used by the public, or a section of the public, predominantly for the consumption of food or non-alcoholic drinks purchased on the premises (whether or not food or non-alcoholic drinks are also sold on the premises for consumption off the premises) and—

S. 3 def. of retail outlet inserted by No. 43/2000 s. 4(1), amended by Nos 55/2016 s. 9(2)(f), 51/2024 s. 46(h).

retail outlet means premises where tobacco products are available for sale by retail;

S. 3 def. of retail shopping centre inserted by No. 43/2000 s. 4(1), substituted by No. 28/2001 s. 3(2)(b), amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 13.1(b)), 69/2006. s. 224(Sch. 3 item 9).

retail shopping centre means a cluster of premises 5 or more of which are retail premises and—

but does not include—

S. 3 def. of reviewable decision inserted by No. 51/2024 s. 5.

reviewable decision means a decision made by the Regulator to—

S. 3 def. of road inserted by No. 66/2013 s. 4.

road has the same meaning as in section 3(1) of the Road Safety Act 1986;

S. 3 def. of roof inserted by No. 45/2005 s. 3(a).

roof includes any structure or device (whether fixed or movable) that prevents or significantly impedes upward airflow, including a ceiling;

S. 3 def. of room inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 3(e).

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S. 3 def. of school premises inserted by No. 65/2014 s. 4.

school premises means the buildings and grounds of a school within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006;

S. 3 def. of Secretary inserted by No. 43/2000 s. 4(1), substituted by No. 29/2010 s. 73.

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

sell includes—

S. 3 def. of show cause notice inserted by No. 51/2024 s. 5.

show cause notice means a notice given by the Regulator under section 34P;

S. 3 def. of smoke inserted by No. 55/2016 s. 9(1), amended by No. 51/2024 s. 46(i).

smoke means—

S. 3 def. of snack inserted by No. 55/2016 s. 5(1).

snack means—

S. 3 def. of special counsel inserted by No. 51/2024 s. 5.

special counsel means a person appointed under section 34ZO;

S. 3 def. of specialist e-cigarette retailing premises inserted by No. 55/2016 s. 9(1), amended by No. 13/2022 s. 60(1), repealed by No. 51/2024 s. 46(m).

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S. 3 def. of specialist tobacconist inserted by No. 49/2009 s. 8(1), repealed by No. 51/2024 s. 46(m).

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S. 3 def. of substantially enclosed inserted by No. 45/2005 s. 3(a).

substantially enclosed includes completely enclosed;

S. 3 def. of suitability offence inserted by No. 51/2024 s. 5.

suitability offence means any of the following offences—

S. 3 def. of TAB area inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3(Sch. 6 item 13.1(d) (i)(ii)), repealed by No. 45/2005 s. 21(b).

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theatre means a place where any live entertainment or film is presented, performed or exhibited to which admission is or may be procured by payment or by ticket or by any other means, token or consideration;

S. 3 def. of tobacco advertisement amended by No. 43/2000 s. 4(2), substituted by No. 45/2005 s. 3(f), substituted as tobacco or e-cigarette advertisement by No. 55/2016 s. 9(2)(g), amended as tobacco advertisement by No. 51/2024 s. 46(j).

tobacco advertisement has the meaning given in section 3B;

S. 3 def. of tobacco company inserted by No. 45/2005 s. 3(a).

tobacco company means—

S. 3 def. of tobacco product amended by No. 55/2016 s. 9(2)(h).

tobacco product means tobacco, cigarette or cigar or any other product containing tobacco and which is designed for human consumption;

S. 3 def. of tobacco retailing business inserted by No. 43/2000 s. 4(1).

tobacco retailing business means the business of selling tobacco by retail, either alone or in conjunction with any other merchandise, and includes—

S. 3 def. of tobacco supply business inserted by No. 51/2024 s. 5.

tobacco supply business means—

S. 3 def. of tobacco wholesaling business inserted by No. 43/2000 s. 4(1).

tobacco wholesaling business means the business of selling tobacco for the purposes of resale, either alone or in conjunction with any other merchandise, and includes any such business carried on as part of, or in conjunction with, any other business;

S. 3 def. of transfer application inserted by No. 51/2024 s. 5.

transfer application means an application under section 34I to transfer a licence;

S. 3 def. of vaping device inserted by No. 51/2024 s. 46(a).

vaping device means—

but does not include a medicinal cannabis vaporiser;

S. 3 def. of vaping goods inserted by No. 51/2024 s. 46(a).

vaping goods has the meaning that vaping goods would have under section 41P of the Therapeutic Goods Act 1989 of the Commonwealth if vaping device had the meaning given by this section;

S. 3 def. of variation application inserted by No. 51/2024 s. 5.

variation application means an application under section 34B(1)(a) or (c) to vary a licence;

S. 3 def. of vending machine amended by Nos 55/2016 s. 9(2)(i), 51/2024 s. 46(k).

vending machine means a machine, device or contrivance that is constructed to contain tobacco products that may be obtained from it by an operation that involves the insertion in the machine, device or contrivance of a coin, token or similar object;

S. 3 def. of Victorian driver licence inserted by No. 45/2005 s. 3(a).

Victorian driver licence means a driver licence issued under the Road Safety Act 1986;

S. 3 def. of Victorian proof of age card inserted by No. 45/2005 s. 3(a), amended by Nos 58/2011 s. 104(Sch. item 6), 26/2022 s. 62.

Victorian proof of age card means a document issued by the Victorian Liquor Commission under section 176 of the Liquor Control Reform Act 1998;

S. 3 def. of Victorian public premises inserted by No. 65/2014 s. 4.

Victorian public premises means a building that is occupied on an ongoing basis (either solely or in part) by one or more of the following—

S. 3 def. of wall inserted by No. 45/2005 s. 3(a).

wall includes any structure or device (whether fixed or movable) that prevents or significantly impedes lateral airflow, including a window or door;

S. 3 def. of wholesale outlet inserted by No. 43/2000 s. 4(1), amended by Nos 55/2016 s. 9(2)(j), 51/2024 s. 46(l).

wholesale outlet means premises where tobacco products are available for sale exclusively by wholesale;

S. 3 def. of workplace inserted by No. 45/2005 s. 3(a).

workplace means any premises or area where one or more employees or self-employed persons (or both) work, whether or not they receive any payment for that work.

S. 3A inserted by No. 43/2000 s. 5, amended by Nos 55/2016 s. 9(3)(a), 51/2024 s. 47.