{"id":"BILL-TAS-public-health-amendment-prohibited-tobacco-and-other-products-bill-2026","name":"Public Health Amendment (Prohibited Tobacco and Other Products) Bill 2026","slug":"public-health-amendment-prohibited-tobacco-and-other-products-bill-2026","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-01-01","administeringDepartment":null,"currentVersion":{"id":446201,"registerId":"BILL-TAS-public-health-amendment-prohibited-tobacco-and-other-products-bill-2026:current","compilationNumber":null,"startDate":"2026-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:49.232Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Public Health Amendment (Prohibited Tobacco and Other Products) Bill 2026\n\n[Bill 8]-VI\nTASMANIA\n__________\nPUBLIC HEALTH AMENDMENT (PROHIBITED\nTOBACCO AND OTHER PRODUCTS) BILL 2026\n__________\nCONTENTS\n1. Short title\n2. Commencement\n3. Principal Act\n4. Section 3 amended (Interpretation)\n5. Section 30A substituted\n30A. Powers of nominated officers\n6. Section 64 amended (Sale to children)\n7. Part 4, Division 2: Heading amended\n8. Section 69B inserted\n69B. Sale of smoking product by vending machine\nprohibited\n9. Section 70A inserted\n70A. Display of smoking paraphernalia prohibited\n10. Section 71 amended (Restrictions on holding smoking products,\n&c., in specialist tobacconist premises and general retail\npremises)\n11. Section 73 amended (Packaging of smoking products)\n12. Section 74A amended (Licence to sell smoking products)\n13. Section 74J amended (Register of smoking product licences)\n14. Part 4, Divisions 3A and 3B inserted\nDivision 3A – Prohibited tobacco and other products\n74LB. Interpretation\n\n2\n74LC. Non-application of Division\n74LD. Persons must not sell or supply prohibited smoking\nproducts\n74LE. Person must not advertise or display prohibited\nsmoking products\nDivision 3B – Closure of certain premises\n74LF. Interpretation\n74LG. Short-term premises closure order\n74LH. Appeal Tribunal may order closure of premises\n74LI. Offences relating to closed premises\n74LJ. Secretary to publish certain information\n15. Section 154 amended (Offences against authorised officers)\n16. Repeal of Act\n\n[Bill 8] 3\nPUBLIC HEALTH AMENDMENT (PROHIBITED\nTOBACCO AND OTHER PRODUCTS) BILL 2026\nThis Public Bill originated in the House of Assembly, and, having this day passed, is\nnow ready for presentation to the Legislative Council for its concurrence.\nLAURA ROSS, Clerk of the House\n16 April 2026\n(Brought in by the Minister for Health, Mental Health and\nWellbeing, the Honourable Bridget Kathleen Archer)\nA BILL FOR\nAn Act to amend the Public Health Act 1997\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\n1. Short title\nThis Act may be cited as the Public Health\nAmendment (Prohibited Tobacco and Other\nProducts) Act 2026.\n2. Commencement\nThis Act commences on a day to be proclaimed.\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 3\n4\n3. Principal Act\nIn this Act, the Public Health Act 1997* is\nreferred to as the Principal Act.\n4. Section 3 amended (Interpretation)\nSection 3 of the Principal Act is amended as\nfollows:\n(a) by omitting the definition of electronic\ndispensing unit and substituting the\nfollowing definition:\nelectronic dispensing unit means a\nmachine that is designed to\ndispense smoking products and\nbe operated by means of an\nelectronic keypad, whether or not,\nat a given time, the machine is in\nworking order;\n(b) by omitting the definition of vending\nmachine and substituting the following\ndefinition:\nvending machine means a machine,\nother than an electronic\ndispensing unit, that is designed\nto dispense smoking products,\nwhether or not, at a given time,\nthe machine is in working order;\n_______________________________________________________________\n*No. 86 of 1997\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 5\n5\n5. Section 30A substituted\nSection 30A of the Principal Act is repealed and\nthe following section is substituted:\n30A. Powers of nominated officers\nA nominated officer has the following\npowers:\n(a) the powers of an authorised\nofficer specified in section 36, as\nif the nominated officer were an\nauthorised officer;\n(b) such other powers of an\nauthorised officer, specified in\nDivision 5 of Part 2, as are\nauthorised by the Director, as if\nthe nominated officer were an\nauthorised officer.\n6. Section 64 amended (Sale to children)\nSection 64 of the Principal Act is amended as\nfollows:\n(a) by omitting the penalty from subsection\n(1) and substituting the following\npenalty:\nPenalty: Fine not exceeding –\n(a) for a first offence, 200\npenalty units; and\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 6\n6\n(b) for a second offence, 400\npenalty units; and\n(c) for a third and subsequent\noffence, 800 penalty\nunits.\n(b) by omitting the penalty from subsection\n(2) and substituting the following\npenalty:\nPenalty: Fine not exceeding –\n(a) for a first offence, 200\npenalty units; and\n(b) for a second offence, 400\npenalty units; and\n(c) for a third and subsequent\noffence, 800 penalty\nunits.\n(c) by omitting the penalty from subsection\n(3) and substituting the following\npenalty:\nPenalty: Fine not exceeding –\n(a) for a first offence, 200\npenalty units; and\n(b) for a second offence, 400\npenalty units; and\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 7\n7\n(c) for a third and subsequent\noffence, 800 penalty\nunits.\n7. Part 4, Division 2: Heading amended\nDivision 2 of Part 4 of the Principal Act is\namended by omitting “Display, advertising,\npackaging, &c.” from the heading to that\nDivision and substituting “Display, sale,\nadvertising, packaging, &c.”.\n8. Section 69B inserted\nAfter section 69A of the Principal Act, the\nfollowing section is inserted in Division 2:\n69B. Sale of smoking product by vending machine\nprohibited\n(1) A person must not sell smoking products\nby means of a vending machine.\nPenalty: Fine not exceeding 250 penalty\nunits.\n(2) A person must not cause or allow a\nvending machine to be located in\npremises owned or operated by the\nperson.\nPenalty: Fine not exceeding 50 penalty\nunits.\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 9\n8\n9. Section 70A inserted\nAfter section 70 of the Principal Act, the\nfollowing section is inserted in Division 2:\n70A. Display of smoking paraphernalia\nprohibited\n(1) In this section –\ninhalable substance includes –\n(a) a smoking product; and\n(b) a controlled drug, and a\ncontrolled plant, within\nthe meaning of the Misuse\nof Drugs Act 2001; and\n(c) a herb, or other chemical\nor plant matter, that is\nintended for smoking;\nsmoking paraphernalia includes a\nutensil, appliance, device and\nother thing, including, but not\nlimited to, a hookah and a bong,\nthat is –\n(a) designed or used, or\nintended to be used, in\nconnection with the\npreparation, smoking,\ninhalation, administration\nor taking of an inhalable\nsubstance; or\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 10\n9\n(b) intended, after some\nadjustment, addition or\nother modification, to be\nused in connection with\nthe preparation, smoking,\ninhalation, administration\nor taking of an inhalable\nsubstance; or\n(c) a utensil, appliance or\nother thing that, if\npossessed by a person,\nwould constitute an\noffence under section 23\nof the Misuse of Drugs\nAct 2001.\n(2) A person must not display smoking\nparaphernalia, in retail premises or\noutside those premises, so that it can be\nseen in or from a public place.\nPenalty: Fine not exceeding 100 penalty\nunits.\n10. Section 71 amended (Restrictions on holding\nsmoking products, &c., in specialist tobacconist\npremises and general retail premises)\nSection 71 of the Principal Act is amended as\nfollows:\n(a) by omitting subsections (5), (6) and (7);\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 11\n10\n(b) by omitting the definition of electronic\ndispensing unit from subsection (10);\n(c) by omitting “access;” from paragraph (b)\nof the definition of service area in\nsubsection (10) and substituting\n“access.”;\n(d) by omitting the definition of vending\nmachine from subsection (10).\n11. Section 73 amended (Packaging of smoking\nproducts)\nSection 73 of the Principal Act is amended by\nomitting the penalty and substituting the\nfollowing penalty:\nPenalty: In the case of –\n(a) a body corporate –\n(i) for a first offence, a fine\nnot exceeding 400 penalty\nunits; and\n(ii) for a second offence, a\nfine not exceeding 800\npenalty units; and\n(iii) for a third and subsequent\noffence, a fine not\nexceeding 16 000 penalty\nunits; or\n(b) a natural person –\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 12\n11\n(i) for a first offence, a fine\nnot exceeding 200 penalty\nunits; and\n(ii) for a second offence, a\nfine not exceeding 400\npenalty units; and\n(iii) for a third and subsequent\noffence, a fine not\nexceeding 800 penalty\nunits.\n12. Section 74A amended (Licence to sell smoking\nproducts)\nSection 74A(1) of the Principal Act is amended\nby omitting the penalty and substituting the\nfollowing penalty:\nPenalty: In the case of –\n(a) a body corporate, a fine not\nexceeding 400 penalty units for a\nfirst offence and 1 600 penalty\nunits for a subsequent offence; or\n(b) a natural person, a fine not\nexceeding 200 penalty units for a\nfirst offence and 800 penalty\nunits for a subsequent offence.\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 13\n12\n13. Section 74J amended (Register of smoking product\nlicences)\nSection 74J of the Principal Act is amended by\ninserting after subsection (2) the following\nsubsection:\n(3) The register, other than the addresses of\nholders of smoking product licences, is to\nbe made freely available by publishing\nthe register on the website maintained by,\nor on behalf of, the Department.\n14. Part 4, Divisions 3A and 3B inserted\nAfter section 74LA of the Principal Act, the\nfollowing Divisions are inserted in Part 4:\nDivision 3A – Prohibited tobacco and other products\n74LB. Interpretation\nIn this Division –\nprohibited nicotine product includes\nproducts that contain nicotine –\n(a) if –\n(i) the product\nencloses the\nnicotine in\npackaging or is\npackaging that is\ncoated, or\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n13\notherwise treated,\nwith nicotine; and\n(ii) all, or part, of the\npackaging is\ndesigned to be\nplaced in the\nmouth and the\npackaging is not\ndesigned to be\ningested; and\n(iii) the nicotine is\ndesigned to be\nabsorbed, via the\nmembranes in the\nmouth, from or\nthrough the\npackaging; and\n(iv) the product has\nnot been obtained\nand administered\nin accordance with\nthe Poisons Act\n1971; or\n(b) that are prescribed as\nprohibited nicotine\nproducts;\nprohibited personal vaporiser product\nincludes personal vaporiser\nproducts that –\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n14\n(a) are prohibited goods\nwithin the meaning of the\nCustoms Act 1901 of the\nCommonwealth; or\n(b) are excisable goods,\nwithin the meaning of the\nExcise Act 1901 of the\nCommonwealth, if duty is\ndue and owing in respect\nof the products; or\n(c) are prescribed as\nprohibited personal\nvaporiser products;\nprohibited smoking product\nincludes –\n(a) prohibited tobacco\nproducts; and\n(b) prohibited personal\nvaporiser products; and\n(c) prohibited nicotine\nproducts; and\n(d) other products and items\nthat are prescribed as\nprohibited smoking\nproducts;\nprohibited tobacco product includes\ntobacco products that –\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n15\n(a) fail to comply with the\nPublic Health (Tobacco\nand Other Products) Act\n2023 of the\nCommonwealth; or\n(b) are prohibited goods\nwithin the meaning of the\nCustoms Act 1901 of the\nCommonwealth; or\n(c) are excisable goods,\nwithin the meaning of the\nExcise Act 1901 of the\nCommonwealth, if duty is\ndue and owing in respect\nof the products; or\n(d) are prescribed as\nprohibited tobacco\nproducts.\n74LC. Non-application of Division\nFor the avoidance of doubt, this Division\ndoes not apply to smoking products if\nthose products –\n(a) are in the possession of a person\nwho –\n(i) is authorised under the\nPoisons Act 1971 to\npossess or supply the\nproducts; or\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n16\n(ii) has been supplied\nlawfully with the product\nunder the Poisons Act\n1971; or\n(b) are in the possession of a person\nwho –\n(i) is authorised under a law\nof the Commonwealth or\na State or Territory to\npossess or supply the\nproducts; or\n(ii) has been supplied\nlawfully with the product\nunder a law of the\nCommonwealth or a State\nor Territory; or\n(c) have been seized, forfeited,\nretained, confiscated or otherwise\nwithheld lawfully by the State or\nthe Commonwealth; or\n(d) are prescribed as products to\nwhich this Division does not\napply.\n74LD. Persons must not sell or supply prohibited\nsmoking products\n(1) A person must not, without lawful\nexcuse, possess a prohibited smoking\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n17\nproduct that the person intends to supply\nto another person.\nPenalty: In the case of –\n(a) a body corporate –\n(i) for a first offence,\na fine not\nexceeding 400\npenalty units; and\n(ii) for a second\noffence, a fine not\nexceeding 800\npenalty units; and\n(iii) for a third and\nsubsequent\noffence, a fine not\nexceeding 16 000\npenalty units; or\n(b) a natural person –\n(i) for a first offence,\na fine not\nexceeding 200\npenalty units; and\n(ii) for a second\noffence, a fine not\nexceeding 400\npenalty units; and\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n18\n(iii) for a third and\nsubsequent\noffence, a fine not\nexceeding 800\npenalty units.\n(2) A person must not, without lawful\nexcuse –\n(a) sell or supply a prohibited\nsmoking product; or\n(b) offer to supply a prohibited\nsmoking product.\nPenalty: In the case of –\n(a) a body corporate –\n(i) for a first offence,\na fine not\nexceeding 400\npenalty units; and\n(ii) for a second\noffence, a fine not\nexceeding 800\npenalty units; and\n(iii) for a third and\nsubsequent\noffence, a fine not\nexceeding 16 000\npenalty units; or\n(b) a natural person –\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n19\n(i) for a first offence,\na fine not\nexceeding 200\npenalty units; and\n(ii) for a second\noffence, a fine not\nexceeding 400\npenalty units; and\n(iii) for a third and\nsubsequent\noffence, a fine not\nexceeding 800\npenalty units.\n74LE. Person must not advertise or display\nprohibited smoking products\n(1) A person must not, without lawful\nexcuse, offer to sell –\n(a) a prohibited smoking product; or\n(b) a product that purports to be a\nprohibited smoking product.\nPenalty: In the case of –\n(a) a body corporate –\n(i) for a first offence,\na fine not\nexceeding 400\npenalty units; and\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n20\n(ii) for a second\noffence, a fine not\nexceeding 800\npenalty units; and\n(iii) for a third and\nsubsequent\noffence, a fine not\nexceeding 16 000\npenalty units; or\n(b) a natural person –\n(i) for a first offence,\na fine not\nexceeding 200\npenalty units; and\n(ii) for a second\noffence, a fine not\nexceeding 400\npenalty units; and\n(iii) for a third and\nsubsequent\noffence, a fine not\nexceeding 800\npenalty units.\n(2) For the avoidance of doubt,\nsubsection (1) applies to an offer to sell,\nregardless of whether –\n(a) the offer is made in person or by\nelectronic means including, but\nnot limited to, telephone, email,\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n21\nonline, on a website or other\nmeans; or\n(b) the offer is expressed or implied.\n(3) A person must not display a prohibited\nsmoking product, or a product that\npurports to be a prohibited smoking\nproduct, in retail premises.\nPenalty: In the case of –\n(a) a body corporate –\n(i) for a first offence,\na fine not\nexceeding 400\npenalty units; and\n(ii) for a second\noffence, a fine not\nexceeding 800\npenalty units; and\n(iii) for a third and\nsubsequent\noffence, a fine not\nexceeding 16 000\npenalty units; or\n(b) a natural person –\n(i) for a first offence,\na fine not\nexceeding 200\npenalty units; and\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n22\n(ii) for a second\noffence, a fine not\nexceeding 400\npenalty units; and\n(iii) for a third and\nsubsequent\noffence, a fine not\nexceeding 800\npenalty units.\nDivision 3B – Closure of certain premises\n74LF. Interpretation\nIn this Division –\nclosed premises means premises in\nrespect of which a premises\nclosure order is in effect;\npremises closure order includes –\n(a) a short-term premises\nclosure order; and\n(b) an order of the Appeal\nTribunal made under\nsection 74LH(3);\nprohibited smoking product has the\nsame meaning as in Division 3A;\nSecretary means Secretary of the\nDepartment;\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n23\nshort-term premises closure order\nmeans an order made under\nsection 74LG(1).\n74LG. Short-term premises closure order\n(1) The Secretary may order that premises\nspecified in the order be closed if the\nSecretary reasonably suspects that –\n(a) smoking products are being, or\nare likely to be, sold at the\npremises otherwise than in\naccordance with this Act; or\n(b) prohibited smoking products are\nbeing, or are likely to be, sold at\nthe premises.\n(2) An order under subsection (1) –\n(a) is to –\n(i) be in writing; and\n(ii) state the premises to\nwhich it relates; and\n(iii) specify the day on which\nthe order takes effect; and\n(b) may be subject to such conditions\nas the Secretary considers\nreasonable in the circumstances;\nand","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Public Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n24\n(c) may be made, whether or not a\nshort-term premises closure order\nis in effect, or has recently been\nin effect, in respect of the\npremises.\n(3) Despite subsection (2)(c), no more than 2\nshort-term premises closure orders may\nbe made in respect of the same premises\nin a single calendar year.\n(4) Before a short-term premises closure\norder takes effect in respect of premises,\na copy of the order must be –\n(a) given to the owner, or occupier,\nof the premises; or\n(b) affixed to a conspicuous part of\nthe premises.\n(5) A short-term premises closure order has\neffect for a period of 90 days\ncommencing from the day specified in\nthe order as the day on which the order\ntakes effect, unless sooner cancelled by\nthe Secretary.\n(6) Section 165 does not apply to a decision\nof the Secretary to make or revoke a\nshort-term premises closure order.\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n25\n74LH. Appeal Tribunal may order closure of\npremises\n(1) The Minister may apply to the Appeal\nTribunal for an order to be made to close\npremises specified in the order.\n(2) For the avoidance of doubt, the operator\nof premises that are the subject of an\napplication, under subsection (1), is a\nparty to any proceedings in respect of the\napplication.\n(3) After considering an application under\nsubsection (1) in respect of premises, the\nAppeal Tribunal may make an order to\nclose the premises if the Appeal Tribunal\nis satisfied that –\n(a) smoking products are being, or\nare likely to be, sold at the\npremises otherwise than in\naccordance with this Act; or\n(b) prohibited smoking products are\nbeing, or are likely to be, sold at\nthe premises.\n(4) An order of the Appeal Tribunal under\nsubsection (3) in respect of premises –\n(a) may order that the premises be\nclosed for a period not exceeding\n12 months; and\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n26\n(b) may specify steps that may be\ntaken for the order to be revoked;\nand\n(c) may be subject to such conditions\nas the Appeal Tribunal considers\nappropriate in the circumstances;\nand\n(d) may be made, whether or not a\nshort-term premises closure order\nis in effect, or has been in effect,\nin respect of the premises.\n74LI. Offences relating to closed premises\n(1) While a premises closure order is in\neffect in respect of premises, a person\nmust not sell or supply prohibited\nsmoking products at the premises.\nPenalty: In the case of –\n(a) a body corporate, a fine\nnot exceeding 5 366\npenalty units; or\n(b) a natural person, a fine\nnot exceeding 3 145\npenalty units.\n(2) While a premises closure order is in\neffect in respect of premises, a person\nmust not –\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n27\n(a) sell or supply smoking products\nat the premises; or\n(b) carry on a business in relation to\nthe sale or supply of smoking\nproducts at the premises.\nPenalty: In the case of –\n(a) a body corporate, a fine\nnot exceeding 1 600\npenalty units; or\n(b) a natural person, a fine\nnot exceeding 800 penalty\nunits.\n(3) While a premises closure order is in\neffect in respect of premises, a person\nmust not enter into, or remain on, those\npremises other than in accordance with\nthe terms and conditions of the order.\nPenalty: In the case of –\n(a) a body corporate, a fine\nnot exceeding 1 600\npenalty units; or\n(b) a natural person, a fine\nnot exceeding 800 penalty\nunits.\n(4) Subsection (3) does not apply to –\n(a) an authorised officer or a\nnominated officer performing a\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 14\n28\nfunction, or exercising a power,\nunder this Act; or\n(b) a police officer performing a\nfunction, or exercising a power,\nunder any Act; or\n(c) a person authorised by the State\nFire Commissioner under the Fire\nService Act 1979; or\n(d) a paramedic performing a\nfunction, or exercising a power,\nunder any Act; or\n(e) a person who is a member of a\nclass of persons prescribed for the\npurposes of this section.\n74LJ. Secretary to publish certain information\n(1) If a premises closure order is made under\nthis Division, the Secretary is to ensure\nthat the following information in respect\nof it is made publicly available in a\nformat determined by the Secretary:\n(a) the type of order made;\n(b) the name and address, and a\ndescription, of the premises in\nrespect of which the order was\nmade;\n(c) the date on which the order was\nmade;\n\nPublic Health Amendment (Prohibited Tobacco and Other\nProducts) Act 2026\nAct No. of 2026\ns. 15\n29\n(d) the period for which the order is\nin effect in respect of the\npremises;\n(e) any other prescribed information;\n(f) any other information that the\nSecretary considers relevant.\n(2) Information published under\nsubsection (1) in respect of a premises\nclosure order is to remain so published\nwhile the order is in effect.\n15. Section 154 amended (Offences against authorised\nofficers)\nThe penalty under section 154(1) of the Principal\nAct is amended by omitting “100 penalty units”\nand substituting “250 penalty units”.\n16. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which this Act commenced.\nGovernment Printer, Tasmania","sortOrder":1}],"analysis":{"summary":{"status_summary":"Introduced in the Tasmanian House of Assembly on 16 April 2026, the bill has passed that house and awaits consideration by the Legislative Council.","complexity_score":7,"likely_questions":["What specific products are defined as 'prohibited smoking products' and how do I know if a product I sell is captured?","What are the penalties for possessing a prohibited nicotine product with intent to supply, and does 'lawful excuse' include prescriptions?","How does the premises closure process work - can the Secretary close my shop without a court hearing?","Does the repeal of the whole Act after one year mean all these changes will expire, and if so, what happens to offences committed during that year?","What is a 'nominated officer' and what additional powers can the Director authorise them to exercise?"],"complexity_factors":["Multiple penalty tiers with escalating fines for first, second, and subsequent offences, separately for natural persons and bodies corporate","Broad and overlapping definitions for 'prohibited smoking product' that cross-reference Commonwealth customs, excise, and tobacco laws, as well as the Poisons Act and Misuse of Drugs Act","Dual closure order mechanism: administrative short-term orders by the Secretary (up to 90 days) and judicial longer orders by the Appeal Tribunal (up to 12 months), with differing procedural protections","Self-repealing clause for the entire amending Act after one year, with no stated effect on the amendments already made to the Principal Act","Multiple amendments to different sections of the Principal Act, including substitutions, insertions, and omissions, requiring careful cross-referencing"],"plain_english_summary":"The Bill tightens Tasmania’s tobacco laws: higher fines for selling to children and other offences, bans vending-machine sales and visible display of smoking paraphernalia, and creates new offences and closure powers targeting illicit tobacco, nicotine pouches and personal vaporisers. Retailers (especially tobacconists) and consumers of some nicotine products face stricter compliance and enforcement, while the Secretary gains short-term closure powers. An unusual one‑year repeal clause creates legal uncertainty about the amendments’ longevity."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Bill materially broadens the Principal Act's operational scope. The Public Health Act previously regulated sale, display and packaging of smoking products; the Bill adds new prohibited-product categories tied to Commonwealth customs/excise and poison-law status (Division 3A), criminalises possession with intent to supply and advertising/offering of those products, bans vending-machine sales and the visible display of smoking paraphernalia, and introduces fast administrative closure powers (short-term orders by the Secretary) plus tribunal closure orders (Division 3B). It also raises penalties substantially, requires public online publication of licence registers (except addresses), and makes the entire regime temporary by repealing itself after one year (s.16). Those additions expand both the substantive reach (more product types and sales channels covered) and enforcement tools (closure orders, higher fines, delegated officer powers), going beyond the more limited regulatory and licensing framework that governed retail sale and display under the Principal Act."},"complexity_factors":["Multiple new defined terms with multipart tests in Division 3A (e.g. 'prohibited nicotine product' requires 4-part conjunctive conditions) (s.74LB)","Frequent cross-references to Commonwealth statutes (Customs Act 1901, Excise Act 1901, Poisons Act 1971) which import external legal definitions and enforcement regimes (s.74LB, s.74LD)","Nested exceptions / non-application clause with multiple conditions (s.74LC) creating conditional scope","Two-layer enforcement regime: Secretary-issued short-term closure orders with limited review (up to 90 days) and Appeal Tribunal orders up to 12 months, including different procedural rules and penalties (ss.74LG–74LH)","Escalating penalty schedules that distinguish bodies corporate and natural persons and vary by first/second/third+ offences across multiple provisions (s.6, s.73, ss.74LD–74LE, ss.74LI)","Delegation/authorization complexity for 'nominated officers' to exercise specified authorised-officer powers if the Director agrees (new s.30A)","Publication obligations plus a public register requirement with a carve-out (addresses withheld) (amending s.74J)","Removal and replacement of existing definitions and interaction with existing specialist tobacconist rules (s.4, s.10)","A short statutory lifespan (automatic repeal after 1 year) adding temporal complexity for regulatory planning and legal effect (s.16)"],"plain_english_summary":"**What this Bill changes, mechanically (first, the concrete steps):**\n\n- Amends definitions for machines that sell smoking products (clarifies \"electronic dispensing unit\" and \"vending machine\") (s.4).\n- Expands the powers that may be given to \"nominated officers\" so they can exercise specific authorised-officer powers if the Director authorises them (s.5, new s.30A).\n- Raises and tiers many penalties for offences involving sale to children, packaging, licences and similar contraventions (s.6, s.11, s.12, s.15).\n- Prohibits sale of smoking products from vending machines and bans locating such machines on someone’s premises (new s.69B).\n- Prohibits public display of \"smoking paraphernalia\" (e.g. hookahs, bongs and other utensils or things designed or adapted for smoking) so it cannot be seen from a public place (new s.70A).\n- Removes or tightens some rules that previously treated vending machines and electronic dispensing units differently in the specialist tobacconist / retail rules (s.10).\n- Requires the register of smoking product licence-holders to be published online, except for licence-holder addresses (s.13, amending s.74J).\n- Inserts two new Parts: Division 3A (defines and prohibits particular classes of \"prohibited smoking products\", including: certain tobacco products that breach Commonwealth tobacco law or customs/excise rules; personal vaporiser products that are customs/excise-prohibited or prescribed; and nicotine products packaged to deliver nicotine via mouth membranes) and creates offences for possessing with intent to supply, supplying, offering to supply, advertising or displaying these products (new ss.74LB–74LE). Penalties are escalated and distinguish bodies corporate and individuals.\n- Inserts Division 3B establishing administrative closure powers: the Secretary can make a short-term closure order (up to 90 days) where there is a reasonable suspicion of unlawful sales; the Minister can ask the Appeal Tribunal to close premises (up to 12 months); the Bill creates offence provisions and heavy penalties for selling or supplying (or operating a business selling) while a closure order is in effect; and the Secretary must publish basic details about closure orders while in effect (new ss.74LF–74LJ).\n- Increases the penalty for offences against authorised officers (s.15, amending s.154).\n- The whole Act is temporary: it is repealed one year after commencement (s.16).\n\n**Stated purpose (as claimed by the instrument):**\n- The Bill is described in its title and structure as focused on prohibiting certain tobacco, nicotine and related products and strengthening enforcement and penalties to prevent unlawful sale, display, advertising and supply (see Divs. 3A–3B).\n\n**How the Bill would work in practice (who decides, who pays, what changes):**\n- Who decides: the Director may authorise additional powers for nominated officers (new s.30A). The Secretary can make short-term closure orders on a reasonable-suspicion basis (new s.74LG). The Minister can apply to the Appeal Tribunal to seek longer closure orders (new s.74LH). The Appeal Tribunal decides whether to grant longer closures (new s.74LH).\n- Who pays / bears costs: retailers, specialist tobacconists and other businesses that sell smoking-related products face new compliance obligations, risk of higher fines (many penalties are materially larger, and escalate on repeat offences — see ss.74LD–74LE, s.73, s.74A, s.64). Businesses subject to closure orders risk lost turnover and potentially heavy fines if they continue trading while closed (ss.74LI–74LJ). Individuals can also face fines, but corporate penalties are larger.\n- Behaviour changes required: stop selling products defined as \"prohibited\" (including certain imports or excisable goods, products failing Commonwealth tobacco rules, personal vaporiser products that are customs/excise-prohibited, or certain nicotine-in-packaging designs); remove publicly visible smoking paraphernalia from retail display; cease using vending machines for selling smoking products; ensure licence registers and other compliance steps are followed; and comply with possible closure orders.\n\n**Practical effects, trade-offs and implementation issues to consider:**\n- Enforcement discretion and timing: the Secretary can issue short-term closure orders on \"reasonable suspicion\" and those orders take immediate effect for up to 90 days (new s.74LG). Short-term closure decisions are excluded from review under s.165 (new s.74LG(6)), which concentrates quick enforcement discretion in the Department and limits internal merits review for those short closures.\n- Appeal and judicial oversight: longer closures go to the Appeal Tribunal (new s.74LH), so there is an adversarial decision point, but the Secretary’s short-term power is administrative and swift. That creates a two-step enforcement model: administrative short closures for immediate response; tribunal orders for longer-term closures.\n- Cross-jurisdictional legal complexity: the definition of \"prohibited\" repeatedly cross‑references Commonwealth law (Customs Act 1901, Excise Act 1901) and the Poisons Act 1971 (new s.74LB). That means whether a product is \"prohibited\" can depend on federal customs/excise status or other licensing regimes, requiring coordination or legal interpretation in enforcement.\n- Compliance burden on small businesses: the Bill increases fines significantly (many new penalties escalate to very large sums for repeated corporate breaches — see ss.74LD–74LE and s.73), bans vending machines entirely (new s.69B), and bans visible paraphernalia (new s.70A). Small retailers or tobacconists will need to change store layouts, product sourcing and staff training, and face the risk of temporary closure—this is an operational cost and business risk.\n- Substitution and market effects: by criminalising supply/advertising/display of products that are customs/excise-prohibited or fail Commonwealth tobacco standards, the Bill may shift demand to non-regulated substitutes (illicit imports, dark‑market or online channels) unless enforcement effectively controls cross-border or online supply. The Bill does explicitly reach electronic offers and online offers in advertising restrictions (new s.74LE(2)).\n- Information disclosure and privacy: the register of licence-holders must be published online, except addresses (amending s.74J). That increases transparency of who holds licences but also broadens public access to commercial licence information.\n- Temporary duration: the Act automatically repeals one year after commencement (s.16), which means the provisions are either intended as a time-limited experiment, transitional regime, or an interim enforcement tool pending other changes. A one-year repeal imposes planning uncertainty for businesses and regulators and may impede long-term compliance investments.\n\n**Costs, incentives and likely behavioural responses (summary):**\n- Concentrated costs are borne by retailers, tobacconists and suppliers who currently sell or source the newly‑defined \"prohibited\" products (see ss.74LB–74LE, new s.69B, s.70A). These actors face higher fines and closure risk, encouraging them to stop selling, tighten supply chains, or exit the market.\n- The issuing authorities (Secretary, Director, Minister, Appeal Tribunal) gain broader tools to order closures, publish orders and delegate powers to \"nominated officers\"; these tools speed enforcement but increase reliance on administrative discretion (new ss.30A, 74LG, 74LH).\n- Possible substitution: customers may seek alternatives (legal or illegal) if products become unavailable; suppliers may attempt to route products through import channels or exploit definitional gaps unless federal customs/excise enforcement is aligned.\n\n**Key provisions to watch closely in implementation or legal challenge:**\n- How \"prohibited\" is interpreted against Commonwealth customs/excise and Poisons Act definitions (new s.74LB).\n- Use of short-term closure orders and the exclusion of s.165 review (new s.74LG(6)).\n- The administrative process for authorising \"nominated officers\" and the powers delegated (new s.30A).\n- Effects of the one‑year automatic repeal (s.16) on investment, enforcement planning and whether regulations or a follow-up scheme replace it.\n\n**Net mechanical effect in one sentence:** The Bill broadens Tasmania’s enforcement tools and offence set around tobacco/nicotine and smoking‑related products by defining new classes of prohibited items tied to Commonwealth customs/excise and poison-law status, banning vending‑machine sales and visible paraphernalia, raising and escalating penalties, enabling short-term administrative closures plus tribunal-ordered longer closures, and requiring public publication of licence information — and it does so on a temporary, one‑year statutory basis (see ss.4–16, especially Divs. 3A–3B)."}},"importantCases":[],"_links":{"self":"/api/acts/public-health-amendment-prohibited-tobacco-and-other-products-bill-2026","history":"/api/acts/public-health-amendment-prohibited-tobacco-and-other-products-bill-2026/history","analysis":"/api/acts/public-health-amendment-prohibited-tobacco-and-other-products-bill-2026/analysis","conflicts":"/api/acts/public-health-amendment-prohibited-tobacco-and-other-products-bill-2026/conflicts","importantCases":"/api/acts/public-health-amendment-prohibited-tobacco-and-other-products-bill-2026/important-cases","documents":"/api/acts/public-health-amendment-prohibited-tobacco-and-other-products-bill-2026/documents"}}