Tobacco Act 1987

The Governor in Council may make regulations for or with respect to—

prescribing fees for licences; and

prescribing conditions to which licences are subject including, without limitation, conditions—

requiring the licensee to keep records and provide data to the regulator relating to sales of tobacco products under the licence; and

requiring the licensee and employees of the licensee to undertake training; and

relating to the sale of tobacco products under the licence; and

prescribing information required to be provided in applications for the grant, variation, transfer, relocation or renewal of licences; and

for the purposes of section 38, prescribing—

infringement offences; and

infringement penalties for contravention of an infringement offence not exceeding 20 penalty units in the case of a natural person or 100 penalty units in the case of a body corporate; and

generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

The regulations—

may be of general or limited application; and

may differ according to differences in time, place or circumstance; and

may apply, adopt or incorporate (with or without modification) any matter contained in an Act of the Commonwealth or in an instrument made under such an Act as in force from time to time.

Without limiting subsection (1) or (2), regulations with respect to fees—

may provide for different fees for different categories of licence; and

may provide for different fees for licences that have different conditions; and

may provide for different fees depending on the geographical location of the licensed tobacco premises; and

may provide for fees to be prorated; and

may provide for the Regulator to waive or refund fees in whole or part.

The regulations are subject to disallowance by a House of the Parliament.