{"id":"tobacco-act-1987","name":"Tobacco Act 1987","slug":"tobacco-act-1987","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173782,"registerId":"vic-tobacco-act-1987-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 7","sectionType":"division","heading":"Statements of reasons 147","content":"Division 7—Statements of reasons 147\n\n34ZG Request for statement of reasons for decision 147\n\n34ZH Chief Commissioner of Police may request statement of reasons 148\n\n34ZI Provision of statement of reasons 148\n\n","sortOrder":0},{"sectionNumber":"Div 8","sectionType":"division","heading":"Internal reviews 149","content":"Division 8—Internal reviews 149\n\n34ZJ Applications for internal review 149\n\n34ZK Decisions on internal review 150\n\n","sortOrder":1},{"sectionNumber":"Div 9","sectionType":"division","heading":"Review by VCAT 151","content":"Division 9—Review by VCAT 151\n\n34ZL Application to VCAT for review of decision on internal review 151\n\n34ZM Application to VCAT for review of decision based on advice from the Chief Commissioner of Police 152\n\n34ZN VCAT to inquire on grounds for decision 152\n\n34ZO Appointment of special counsel—protected information 153\n\n34ZP Procedure for hearing—protected information 154\n\n34ZQ Decision of VCAT where protected information exists 155\n\n34ZR Chief Commissioner of Police may request Regulator reconsider decision without protected information 157\n\n","sortOrder":2},{"sectionNumber":"Div 10","sectionType":"division","heading":"Licence renewals 158","content":"Division 10—Licence renewals 158\n\n34ZS Application for renewal of licence 158\n\n","sortOrder":3},{"sectionNumber":"Div 11","sectionType":"division","heading":"Disqualification 159","content":"Division 11—Disqualification 159\n\n34ZT Procedure—proposal to disqualify person from holding licence 159\n\n34ZU Decision on disqualification and notice 160\n\n","sortOrder":4},{"sectionNumber":"Div 12","sectionType":"division","heading":"General 161","content":"Division 12—General 161\n\n34ZV Register of Licensed Tobacco Suppliers 161\n\n34ZW Requirement to notify Regulator of change in application information 162\n\n34ZY Court may suspend or cancel licence or disqualify person 163\n\n34ZZ Regulator may review licences 163\n\n34ZZA Licence ceases to have effect in certain circumstances 165\n\n34ZZB Licence not personal property 165\n\n34ZZC Regulator may issue copy of licence 165\n\nPart 3AAB—Enforcement in relation to licensing 167\n\nDivision 1—The Regulator 167\n\n35 Regulator's functions, powers and delegations 167\n\n35A Ministerial directions 167\n\n35B Decision‑making guidelines 168\n\n35C Collection, use and disclosure of information 168\n\nDivision 2—Licensing inspectors 170\n\n35D Appointment of licensing inspectors 170\n\n35E Criminal records check 170\n\n35F Functions and powers of licensing inspectors 171\n\n35G Identity card 172\n\nDivision 3—General inspection and enforcement powers 173\n\n35H Power to require names and addresses 173\n\n35I Right of entry 173\n\n35J Entry with consent of owner or occupier 175\n\n35K Powers of licensing inspectors 177\n\n35L Licensing search warrants 179\n\n35M Announcement before entry 180\n\n35N Copy of warrant to be given to occupier or other person present or notice left on premises 181\n\n35O Seizure of things not mentioned in the warrant 182\n\n35P Use or seizure of electronic equipment at premises 182\n\n35Q Retention and return of things seized 184\n\n35R Magistrates' Court may extend 3 month period 185\n\n35S Offence to fail to produce, attend or answer questions 186\n\n35T Offence to give false or misleading information 186\n\n35U Offence to prevent another person from complying 187\n\n35V Offence to take things seized or fail to comply with directions as to use of equipment 187\n\n35W Offence to hinder or obstruct licensing inspector 187\n\n35X Offence to intimidate, threaten or assault licensing inspector 188\n\n35Y Offence to impersonate licensing inspector 188\n\n35Z Offence to refuse or fail to comply with requirement 188\n\n35ZA Protection against self‑incrimination 188\n\n35ZB Forfeiture of seized tobacco products 189\n\n","sortOrder":5},{"sectionNumber":"Div 4","sectionType":"division","heading":"Improvement notices 189","content":"Division 4—Improvement notices 189\n\n35ZC Issue of improvement notice 189\n\n35ZD Non‑compliance with improvement notice 191\n\n35ZE Variation and withdrawal of improvement notice 192\n\n35ZF Review by VCAT 192\n\n","sortOrder":6},{"sectionNumber":"Div 5","sectionType":"division","heading":"Enforceable undertakings 193","content":"Division 5—Enforceable undertakings 193\n\n35ZG Definition 193\n\n35ZH Regulator may accept enforceable undertaking 193\n\n35ZI Enforcement 194\n\n35ZJ Regulator may take specified action 194\n\n35ZK No criminal proceedings while enforceable undertaking in force 196\n\n35ZL Proceedings following withdrawal of enforceable undertaking 196\n\n35ZM No further proceedings if enforceable undertaking is complied with 196\n\n35ZN Contempt of court 197\n\n","sortOrder":7},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Inspectors and powers of inspectors 198","content":"Part 3A—Inspectors and powers of inspectors 198\n\n","sortOrder":8},{"sectionNumber":"36","sectionType":"section","heading":"Appointment of persons as inspectors 198","content":"36 Appointment of persons as inspectors 198\n\n36AA Inspectors appointed under section 36 198\n\n36A Inspector's identity card 199\n\n36B Production of identity card 199\n\n36C Power to require names and addresses 200\n\n36D Entry or search with consent for investigation of suspected offences 201\n\n36E Entry of premises open to the public 203\n\n36EA Power to enter, inspect, monitor compliance and investigate 204\n\n36F Search warrants 206\n\n36G Announcement before entry 207\n\n36H Details of warrant to be given to occupier 208\n\n36I Seizure of things not mentioned in the warrant 209\n\n36J Copies of seized documents 209\n\n36K Retention and return of seized documents or things 210\n\n36L Magistrates' Court may extend 3 month period 210\n\n36M Requirement to assist inspector during entry 211\n\n36N Refusal or failure to comply with requirement 211\n\n36O Protection against self-incrimination 211\n\n36P Offence to give false or misleading information 212\n\n36Q Offence to hinder or obstruct inspector 213\n\n36QA Offence to intimidate, threaten or assault inspector 213\n\n36R Offence to impersonate inspector 213\n\n36S Service of documents 213\n\n36T Confidentiality 214\n\nPart 4—Miscellaneous 215\n\n37 Removal of advertisements 215\n\n37A Forfeiture of prohibited products 215\n\n38 Infringement notices 218\n\n39 Proceedings 219\n\n39A Sufficient evidence of matters relating to tobacco sales 219\n\n40 Application of penalties 220\n\n41 Offences by a body corporate 220\n\n41AA Conduct by officers, employees or agents 220\n\n41A No double jeopardy 221\n\n42 Civil proceedings 222\n\n42A Power to require names of persons supplied with tobacco 222\n\n42B Supreme Court—limitation of jurisdiction 224\n\n42C Review of licensing scheme 224\n\n43 Regulations 225\n\nPart 5—Transitional 228\n\n44 Proceedings under section 6(2) 228\n\n45 Section 15D 228\n\n46 Section 3: definition of *occupier* 229\n\n47 Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences 229\n\n48 Transitional provision—Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024 230\n\nEndnotes 232\n\n1 General information 232\n\n2 Table of Amendments 234\n\n3 Explanatory details 240\n\n**Version No.** **103**\n\n**Tobacco Act 1987**\n\n**No. 81 of 1987**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n**Preamble**\n\nWhereas—\n\n(a) the following guiding principles are recognised in relation to the use, supply and promotion of tobacco—\n\n(i) tobacco use is so injurious to the health of both smokers and non-smokers as to warrant restrictive legislation;\n\n(ii) tobacco use has adverse health effects even with infrequent use and there is no completely safe form of tobacco use;\n\n(iii) tobacco use is a widely accepted practice amongst adults which it is inappropriate to ban completely;\n\n(iv) 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;\n\n(v) 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\n\n(b) 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.\n\n**The Parliament of Victoria therefore enacts as follows:**\n\n","sortOrder":9},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\nS. 1  \namended by No. 49/2009 s. 7, substituted by No. 51/2024 s. 4.\n\n","sortOrder":10},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to prohibit certain sales or promotion of tobacco products and certain non‑tobacco products; and\n\n(b) to establish a licensing scheme to regulate the lawful supply of tobacco products; and\n\n(c) to create offences in relation to smoking, possession of tobacco products and licensing; and\n\n(d) to establish the Victorian Health Promotion Foundation.\n\n","sortOrder":11},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Except as provided in this section, this Act comes into operation on the day on which it receives the Royal Assent.\n\n(2) Sections 6(1) and (3), 13 and 15 come into operation on 1 April 1988.\n\n(3) Section 14 comes into operation on 1 July 1988.\n\n(4) Section 6(2) comes into operation on 1 January 1989.\n\n","sortOrder":12},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *acceptable no smoking sign* inserted by No. 45/2005 s. 3(a).\n\n***acceptable no smoking sign*** means a sign that contains—\n\n(a) a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black, or other symbol that clearly indicates that smoking is not permitted, with the symbol being at least 70 mm in height; and\n\n(b) the phrase \"No Smoking\" or \"Smoking Prohibited\", or other wording that clearly indicates that smoking is not permitted, in letters that are at least 20 mm in height;\n\nS. 3 def. of *angled stack* inserted by No. 28/2001 s. 3(1).\n\n***angled stack*** means packages stacked behind each other from the point of view of the customer's side of the customer service area;\n\nS. 3 def. of *approved issuer document* inserted by No. 45/2005 s. 3(a).\n\n***approved issuer document*** means a document issued—\n\n(a) by a person; or\n\n(b) on behalf of a government department or an agency—\n\napproved by the Minister;\n\nS. 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)).\n\n***approved venue*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3 def. of *associate* inserted by No. 51/2024 s. 5.\n\n***associate*** has the meaning given by section 3G;\n\nS. 3 def. of *ban order* inserted by No. 49/2009 s. 8(1).\n\n***ban order*** means an order made by the Minister under section 15N(1);\n\nS. 3 def. of *bar area* inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 21(a)(i).\n\nS. 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)).\n\n***bingo*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3 def. of *bingo area* inserted by No. 31/2002 s. 4(1).\n\n***bingo area*** has the meaning given by section 3C;\n\nS. 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)).\n\n***bingo centre*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 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).\n\n***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);\n\nS. 3 def. of *casino* inserted by No. 31/2002 s. 4(1).\n\n***casino*** has the same meaning as in the **Casino Control Act 1991**;\n\n***Chairperson*** means Chairperson of the Foundation;\n\nS. 3 def. of *children's indoor play centre* inserted by No. 65/2014 s. 4.\n\n***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;\n\nS. 3 def. of *children's service* inserted by No. 65/2014 s. 4.\n\n***children's service*** has the same meaning as in section 3(1) of the **Children's Services Act 1996**;\n\nS. 3 def. of *children's service premises* inserted by No. 65/2014 s. 4, substituted by No. 37/2019 s. 22.\n\n***children's service premises*** has the same meaning as in the **Children's Services Act 1996**;\n\nS. 3 def. of *controlled shopping centre* inserted by No. 43/2000 s. 4(1), repealed by No. 28/2001 s. 3(2)(a).\n\nS. 3 def. of *correspond-ing law* inserted by No. 51/2024 s. 5.\n\n***corresponding law*** means—\n\n(a) a law of another jurisdiction (whether in Australia or elsewhere) corresponding, or substantially corresponding, to this Act; or\n\n(b) a law of another jurisdiction that is prescribed to be a corresponding law, whether or not the law corresponds, or substantially corresponds to this Act;\n\nS. 3 def. of *Council* inserted by No. 51/2024 s. 5.\n\n***Council*** has the same meaning as in the **Local Government Act 2020**;\n\nS. 3 def. of *criminal history check* inserted by No. 51/2024 s. 5.\n\n***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;  \n\nS. 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.\n\nS. 3 def. of *designated non-smoking room* inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 21(b).\n\nS. 3 def. of *dining area* inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 21(b).\n\nS. 3 def. of *director* inserted by No. 51/2024 s. 5.\n\n***director*** of a body corporate includes—\n\n(a) a person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and\n\n(b) a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act;\n\nS. 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).\n\n***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;\n\nS. 3 def. of *disqualified person* inserted by No. 51/2024 s. 5.\n\n***disqualified person*** means a person disqualified under section 34ZU or 34ZY(c) from holding a licence;\n\nS. 3 def. of *driver* inserted by No. 49/2009 s. 8(1).\n\n***driver*** has the same meaning as in the **Road Safety Act 1986**;\n\nS. 3 def. of *driver licence* inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 3(b).\n\nS. 3 defs of  \n*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).\n\nS. 3 def. of *education and care service* inserted by No. 65/2014 s. 4.\n\n***education and care service*** has the same meaning as in section 5(1) of the Education and Care Services National Law (Victoria);\n\nS. 3 def. of *education and care service premises* inserted by No. 65/2014 s. 4.\n\n***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);\n\nS. 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).\n\n***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—\n\n(a) permanent or temporary;\n\n(b) open or closed;\n\nS. 3 def. of *evidence  \nof age document* inserted by No. 43/2000 s. 4(1), substituted by No. 45/2005 s. 3(d).\n\n***evidence of age document*** means a document that—\n\n(a) is—\n\n(i) a Victorian proof of age card or an interstate proof of age card; or\n\n(ii) a Victorian driver licence or an interstate driver licence; or\n\n(iii) an Australian or foreign passport; or\n\n(iv) an approved issuer document; and\n\n(b) contains a photograph of the bearer; and\n\n(c) indicates, by reference to a date of birth or otherwise, that the bearer is of or over a particular age;\n\nS. 3 def. of *exercise yard* inserted by No. 45/2005 s. 3(a), repealed by No. 45/2014 s. 6.\n\n***Foundation*** means the Victorian Health Promotion Foundation;\n\nS. 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)).\n\n***gaming machine*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 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)).\n\n***gaming machine area*** has the same meaning as in the **Gambling Regulation Act 2003**;\n\nS. 3 def. of *gaming room* inserted by No. 31/2002 s. 4(1).\n\n***gaming room*** means a room in an approved venue in which gaming machines available for gaming are installed;\n\nS. 3 def. of *high roller room* inserted by No. 31/2002 s. 4(1), repealed by No. 42/2022 s. 63.\n\nS. 3 def. of *highway* inserted by No. 49/2009 s. 8(1).\n\n***highway*** has the same meaning as in the **Road Safety Act 1986**;\n\nS. 3 def. of *illicit tobacco* inserted by No. 51/2024 s. 5.\n\n***illicit tobacco*** means—\n\n(a) a tobacco product that does not comply with a tobacco product requirement of Part 3.3 of the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; or\n\n(b) a tobacco product in packaging that does not comply with a packaging requirement of Part 3.4 of the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; or\n\n(c) a tobacco product that does not comply with a requirement of a law of the Commonwealth prescribed by the regulations;\n\nS. 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).\n\n***immediate package***, in relation to a tobacco product, means a package containing the product—\n\n(a) in the case of a tobacco product other than cigars, not including a package containing a further package or packages of the product; and\n\n(b) in the case of cigars—\n\n(i) including a package constituted by the individual wrapping of a cigar, and a package containing individually wrapped or unwrapped cigars; but\n\n(ii) not including any other package containing a further package or packages of cigars (whether wrapped or unwrapped);\n\nS. 3 def. of *improvement notice* inserted by No. 51/2024 s. 32.\n\n***improvement notice*** means a notice issued under section 35ZC;\n\nS. 3 def. of *inspector* inserted by No. 43/2000 s. 4(1), amended by Nos 46/2008 s. 291, 51/2024 s. 10(b).\n\n***inspector*** means a person—\n\n(a) who is an environmental health officer appointed under section 29 of the **Public Health and Wellbeing Act 2008**; or\n\n(b) who is appointed under section 36;\n\nS. 3 def. of *interstate driver licence* inserted by No. 45/2005 s. 3(a).\n\n***interstate driver licence*** means a licence issued in another State or a Territory that is the equivalent of a Victorian driver licence;\n\nS. 3 def. of *interstate proof of age card* inserted by No. 45/2005 s. 3(a).\n\n***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;\n\nS. 3 def. of *licence* inserted by No. 51/2024 s. 5.\n\n***licence*** means a licence to sell tobacco products in Victoria;\n\nS. 3 def. of *licence application* inserted by No. 51/2024 s. 5.\n\n***licence application*** means an application under section 34A for a licence;\n\nS. 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).\n\n***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;\n\nS. 3 def. of *licensed tobacco premises* inserted by No. 51/2024 s. 5.\n\n***licensed tobacco premises*** means premises in respect of which a licence is issued;\n\nS. 3 def. of *licensee* inserted by No. 51/2024 s. 5.\n\n***licensee***  means a person who holds a licence;\n\nS. 3 def. of *licensing inspector* inserted by No. 51/2024 s. 10(a).\n\n***licensing inspector*** means a person appointed under section 35D;\n\nS. 3 def. of *licensing offence* inserted by No. 51/2024 s. 32.\n\n***licensing offence*** means an offence against a provision of—\n\n(c) Part 3AAB; or\n\n(d) any regulations made for the purposes of a provision referred to in paragraph (a), (b) or (c);\n\nS. 3 def. of *medicinal cannabis vaporiser* inserted by No. 51/2024 s. 46(a).\n\n***medicinal cannabis vaporiser*** has the meaning given by section 80T of the **Drugs, Poisons and Controlled Substances Act 1981**;\n\n***member*** means member of the Foundation;\n\nS. 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)).\n\n***minor gaming permit*** means a permit issued under Division 2 of Part 3 of Chapter 8 of the **Gambling Regulation Act 2003**;\n\nS. 3 def. of *motor vehicle* inserted by No. 49/2009 s. 8(1).\n\n***motor vehicle*** has the same meaning as in the **Road Safety Act 1986**;\n\nS. 3 def. of *municipal district* inserted by No. 51/2024 s. 5.\n\n***municipal district*** has the same meaning as in section 3(1) of the **Local Government Act 2020**;\n\nS. 3 def. of *newspaper* substituted by No. 56/1998 s. 5(2).\n\n***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;\n\nS. 3 def. of *occupier* inserted by No. 43/2000 s. 4(1), substituted by No. 49/2009 s. 8(2).\n\n***occupier***, in relation to an area or premises, means—\n\n(a) a person who appears to be of or over the age of 16 years and who is or appears to be in control of the area or premises, whether or not the person is present in the area or on the premises; or\n\n(b) a body corporate that is or appears to be in control of the area or premises;\n\nS. 3 def. of *on‑airport duty free shop* inserted by No. 28/2001 s. 3(1).\n\n***on-airport duty free shop*** has the same meaning as in regulation 93 of the Customs Regulations 1926 of the Commonwealth;\n\nS. 3 def. of *outdoor dining area* inserted by No. 55/2016 s. 5(1).\n\n***outdoor dining area*** has the meaning given in section 3F;\n\nS. 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).\n\n***outdoor drinking area*** means any of the following outdoor areas that is predominantly used for the consumption of drinks—\n\n(a) a balcony or verandah;\n\n(b) a courtyard;\n\n(c) a rooftop;\n\n(d) a marquee;\n\n(e) a street or footpath;\n\n(f) any similar outdoor area;\n\nS. 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).\n\n***package*** (other than in relation to a snack) does not include a transparent wrapping, unless the wrapping has a tobacco advertisement printed on it;\n\nS. 3 def. of *pedestrian access point* inserted by No. 65/2014 s. 4.\n\n***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—\n\n(a) a door or gate to premises that are used partly for residential purposes and partly for other purposes if the door or gate is used solely for entry to or exit from that part of the premises that is used solely for residential purposes; or\n\n(b) an emergency exit that is locked to entry;\n\nS. 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).\n\n***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;\n\nS. 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).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3 def. of *premises* inserted by No. 43/2000 s. 4(1).\n\n***premises*** includes any part of premises and includes a vehicle or vessel and a permanent or temporary structure;\n\nS. 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).\n\n***product line*** means a kind of tobacco product distinguishable from other kinds by one or more of the following characteristics—\n\n(b) brand name;\n\n(c) nicotine or tar content;\n\n(d) flavour—\n\nbut not by the size of the package containing the tobacco product;\n\nS. 3 def. of *proof of age card* inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 3(e).\n\nS. 3 def. of *protected information* inserted by No. 51/2024 s. 5.\n\n***protected information*** means any information, document or thing the production or inspection of which—\n\n(a) is likely to reveal the identity of a person who provided any information that is relevant to a decision of the Chief Commissioner of Police to—\n\n(i) object to the grant or transfer of a licence; or\n\n(ii) apply for the variation, suspension or cancellation of a licence; or\n\n(iii) make representations under Part 3AA; or\n\n(b) is likely to reveal the identity of a person whose name appears in any evidence given or information provided to a police officer in the course of any investigation; or\n\n(c) is likely to reveal the identity of a person who is or has been the subject of an investigation conducted by a police officer; or\n\n(d) is likely to jeopardise the safety of a person or police officer referred to in paragraph (a), (b) or (c); or\n\n(e) is likely to reveal an investigation method, intelligence gathering method, investigative technique or technology or covert practice used by police officers; or\n\n(f) is likely to put at risk any investigation by a police officer; or\n\n(g) may prejudice any investigation or criminal proceeding; or\n\n(h) is otherwise not in the public interest;\n\n***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;\n\nS. 3 def. of *Regulator* inserted by No. 51/2024 s. 5.\n\n***Regulator*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department administered by the Minister administering Part 3AA;\n\nS. 3 def. of *relocation application* inserted by No. 51/2024 s. 5.\n\n***relocation application*** means an application under section 34H to relocate licensed tobacco premises to another premises;\n\nS. 3 def. of *renewal application* inserted by No. 51/2024 s. 5.\n\n***renewal application*** means an application under section 34ZS to renew a licence;\n\nS. 3 def. of *represen-tations* inserted by No. 51/2024 s. 5.\n\n***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;\n\nS. 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.\n\n***residential care facility*** means—\n\n(a) a residential care service or State funded residential care service within the meaning of the **Health Services Act 1988**; or\n\n(b) an aged care service within the meaning of the Aged Care Act 1997 of the Commonwealth; or\n\n(c) a supported residential service within the meaning of section 214 of the **Social Services Regulation Act 2021**;\n\nS. 3 def. of *restaurant  \nor cafe* inserted by No. 43/2000 s. 4(1).\n\n***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—\n\n(a) in the case of a restaurant or cafe that is an area in premises, includes any abutting area in those premises that is not separately enclosed from that area, irrespective of the purpose or purposes for which the abutting area is used; but\n\n(b) does not include premises in respect of which a general licence or a club licence within the meaning of the **Liquor Control Reform Act 1998** is in force;\n\nS. 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).\n\n***retail outlet*** means premises where tobacco products are available for sale by retail;\n\nS. 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).\n\n***retail shopping centre*** means a cluster of premises 5 or more of which are retail premises and—\n\n(a) all of which have, or if leased would have, a common head landlord; or\n\n(b) each of which is on a lot on the same plan of subdivision and those lots are land affected by an owners corporation within the meaning of the **Subdivision Act 1988**—\n\nbut does not include—\n\n(c) a building with more than one storey except in relation to each storey of the building on which is situated a cluster of premises in respect of which paragraph (a) or (b) applies; or\n\n(d) any part of those premises—\n\n(i) that is not used by the public, or a section of the public; or\n\n(ii) that is an enclosed restaurant or cafe; or\n\n(iii) in respect of which a general licence or a club licence within the meaning of the **Liquor Control Reform Act 1998** is in force; or\n\n(iv) that is a bingo centre within the meaning of the **Gambling Regulation Act 2003**; or\n\n(v) that is a road or road related area within the meaning of the **Road Safety Act 1986**;\n\nS. 3 def. of *reviewable decision* inserted by No. 51/2024 s. 5.\n\n***reviewable decision*** means a decision made by the Regulator to—\n\n(a) refuse a licence application under section 34W; or\n\n(b) refuse a renewal application under section 34W; or\n\n(c) impose a condition on a licence under section 34ZD; or\n\n(d) vary a licence under section 34C or 34E; or\n\n(e) suspend or cancel a licence under section 34N, 34O or 34Q; or\n\n(f) suspend a licence under section 34R; or\n\n(g) disqualify a person from holding a licence under section 34ZU; or\n\n(h) refuse under section 34E to grant an application made under section 34B(1)(b); or\n\n(i) refuse to grant a variation application under section 34W; or\n\n(j) refuse to grant a relocation application under section 34W; or\n\n(k) refuse to grant a transfer application under section 34W; or\n\n(l) refuse an application to suspend or cancel a licence under section 34M;\n\nS. 3 def. of *road* inserted by No. 66/2013 s. 4.\n\n***road*** has the same meaning as in section 3(1) of the **Road** **Safety Act 1986**;\n\nS. 3 def. of *roof* inserted by No. 45/2005 s. 3(a).\n\n***roof*** includes any structure or device (whether fixed or movable) that prevents or significantly impedes upward airflow, including a ceiling;\n\nS. 3 def. of *room* inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 3(e).\n\nS. 3 def. of *school premises* inserted by No. 65/2014 s. 4.\n\n***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**;\n\nS. 3 def. of *Secretary* inserted by No. 43/2000 s. 4(1), substituted by No. 29/2010 s. 73.\n\n***Secretary*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department of Health;\n\n***sell*** includes—\n\n(a) barter or exchange; and\n\n(b) offer or expose for sale, barter or exchange; and\n\n(c) supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and\n\n(d) supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain;\n\nS. 3 def. of *show cause notice* inserted by No. 51/2024 s. 5.\n\n***show cause notice*** means a notice given by the Regulator under section 34P;\n\nS. 3 def. of *smoke* inserted by No. 55/2016 s. 9(1), amended by No. 51/2024 s. 46(i).\n\n***smoke*** means—\n\n(a) smoke, hold or otherwise have control over, an ignited or heated tobacco product; or\n\n(b) use a vaping device to generate or release an aerosol or vapour;\n\nS. 3 def. of *snack* inserted by No. 55/2016 s. 5(1).\n\n***snack*** means—\n\n(a) a pre-packaged shelf-stable food that—\n\n(i) is sealed in the container or package in which the manufacturer intended the food to be sold by retail; and\n\n(ii) does not require any intervention or attention by, or on behalf of, the provider before consumption; or\n\n(b) a piece of fruit which has not been cut for the purposes of consumption;\n\nS. 3 def. of *special counsel* inserted by No. 51/2024 s. 5.\n\n***special counsel*** means a person appointed under section 34ZO;\n\nS. 3 def. of *specialist  \ne-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).\n\nS. 3 def. of *specialist tobacconist* inserted by No. 49/2009 s. 8(1), repealed by No. 51/2024 s. 46(m).\n\nS. 3 def. of *substantially enclosed* inserted by No. 45/2005 s. 3(a).\n\n***substantially enclosed*** includes completely enclosed;\n\nS. 3 def. of *suitability offence* inserted by No. 51/2024 s. 5.\n\n***suitability offence*** means any of the following offences—\n\n(a) an offence of selling tobacco products without a licence (whether in Victoria or elsewhere);\n\n(b) any other offence against this Act or the regulations;\n\n(c) an indictable offence relating to fraud, dishonesty, or tax or customs evasion (whether in Victoria or elsewhere);\n\n(d) an offence under the Therapeutic Goods Act 1989 of the Commonwealth relating to vaping goods or vaping devices;\n\n(e) an offence against a corresponding law;\n\nS. 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)  \n(i)(ii)),  \nrepealed by No. 45/2005 s. 21(b).\n\n***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;\n\nS. 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  \ne-cigarette advertisement* by  \nNo. 55/2016 s. 9(2)(g), amended as *tobacco advertisement* by No. 51/2024 s. 46(j).\n\n***tobacco advertisement*** has the meaning given in section 3B;\n\nS. 3 def. of *tobacco company* inserted by No. 45/2005 s. 3(a).\n\n***tobacco company*** means—\n\n(a) a public company (within the meaning of the Corporations Act) that is engaged in any one or more of—\n\n(i) tobacco growing;\n\n(ii) manufacturing tobacco products;\n\n(iii) wholesaling tobacco products; or\n\n(b) a proprietary company (within the meaning of the Corporations Act) that is a subsidiary or related body corporate (within the meaning of that Act) of a company referred to in paragraph (a);\n\nS. 3 def. of *tobacco product* amended by No. 55/2016 s. 9(2)(h).\n\n***tobacco product*** means tobacco, cigarette or cigar or any other product containing tobacco and which is designed for human consumption;\n\nS. 3 def. of *tobacco retailing business* inserted by No. 43/2000 s. 4(1).\n\n***tobacco retailing***  ***business*** means the business of selling tobacco by retail, either alone or in conjunction with any other merchandise, and includes—\n\n(a) any such business carried on as part of, or in conjunction with, any other business; and\n\n(b) any business that consists of, or involves, management of a retail outlet where tobacco products are available for sale by means of a vending machine;\n\nS. 3 def. of *tobacco supply business* inserted by No. 51/2024 s. 5.\n\n***tobacco supply business*** means—\n\n(a) a tobacco retailing business; or\n\n(b) a tobacco wholesaling business; or\n\n(c) any other business that involves the sale or supply of tobacco, including any such business carried on as part of, or in conjunction with, any other business;\n\nS. 3 def. of *tobacco wholesaling business* inserted by No. 43/2000 s. 4(1).\n\n***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;\n\nS. 3 def. of *transfer application* inserted by No. 51/2024 s. 5.\n\n***transfer application***  means an application under section 34I to transfer a licence;\n\nS. 3 def. of *vaping device* inserted by No. 51/2024 s. 46(a).\n\n***vaping device*** means—\n\n(a) a vaping device as defined by section 41P of the Therapeutic Goods Act 1989 of the Commonwealth; or\n\n(b) any other device prescribed by the regulations—\n\nbut does not include a medicinal cannabis vaporiser;\n\nS. 3 def. of *vaping goods* inserted by No. 51/2024 s. 46(a).\n\n***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;\n\nS. 3 def. of *variation application* inserted by No. 51/2024 s. 5.\n\n***variation application*** means an application under section 34B(1)(a) or (c) to vary a licence;\n\nS. 3 def. of *vending machine* amended by Nos 55/2016 s. 9(2)(i), 51/2024 s. 46(k).\n\n***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;\n\nS. 3 def. of *Victorian driver licence* inserted by No. 45/2005 s. 3(a).\n\n***Victorian driver licence*** means a driver licence issued under the **Road Safety Act 1986**;\n\nS. 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.\n\n***Victorian proof of age card*** means a document issued by the Victorian Liquor Commission under section 176 of the **Liquor Control Reform Act 1998**;\n\nS. 3 def. of *Victorian public premises* inserted by No. 65/2014 s. 4.\n\n***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—\n\n(a) Parliament, but not any electorate office of a member of Parliament;\n\n(b) the Supreme Court;\n\n(c) the County Court;\n\n(d) the Magistrates' Court;\n\n(e) the Children's Court;\n\n(f) the Coroners Court;\n\n(g) a denominational hospital, multi purpose service, privately-operated hospital, public health service, public hospital or registered community health centre (all within the meaning of the **Health Services Act 1988**);\n\n(h) a public service body within the meaning of section 4(1) of the **Public Administration Act 2004**;\n\n(i) a special body within the meaning of section 4(1) of the **Public Administration Act 2004**;\n\nS. 3 def. of *wall* inserted by No. 45/2005 s. 3(a).\n\n***wall*** includes any structure or device (whether fixed or movable) that prevents or significantly impedes lateral airflow, including a window or door;\n\nS. 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).\n\n***wholesale outlet*** means premises where tobacco products are available for sale exclusively by wholesale;\n\nS. 3 def. of *workplace* inserted by No. 45/2005 s. 3(a).\n\n***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.\n\nS. 3A inserted by No. 43/2000 s. 5,  \namended by Nos 55/2016 s. 9(3)(a), 51/2024 s. 47.\n\n","sortOrder":13},{"sectionNumber":"3A","sectionType":"section","heading":"Vending machines","content":"\t3A Vending machines\n\nThe presence on any premises of a vending machine is deemed to constitute the carrying on on those premises of a tobacco retailing business.\n\nS. 3B (Heading) amended by Nos 55/2016 s. 9(3)(b), 51/2024 s. 48(1).\n\nS. 3B inserted by No. 43/2000 s. 5, repealed by No. 31/2002 s. 5, new s. 3B inserted by No. 45/2005 s. 4.\n\n","sortOrder":14},{"sectionNumber":"3B","sectionType":"section","heading":"Tobacco advertisements","content":"\t3B Tobacco advertisements\n\nS. 3B(1) amended by Nos 55/2016 s. 9(3)(c), 51/2024 s. 48(2)(a).\n\n(1) 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—\n\n(a) smoking; or\n\nS. 3B(1)(b) substituted by Nos 55/2016 s. 9(3)(d), 51/2024 s. 48(2)(b).\n\n(b) the purchase or use of a tobacco product or range of tobacco products; or\n\nS. 3B(1)(c) amended by Nos 55/2016 s. 9(3)(e), 51/2024 s. 48(2)(c).\n\n(c) 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\n\nS. 3B(1)(d) amended by Nos 55/2016 s. 9(3)(e), 51/2024 s. 48(2)(c).\n\n(d) 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\n\n(e) the whole or a part of the name of a person—\n\nS. 3B(1)(e)(i) amended by Nos 55/2016 s. 9(3)(e), 51/2024 s. 48(2)(c).\n\n(i) who is a manufacturer of tobacco products; and\n\n(ii) whose name appears on, or on the packaging of, some or all of those products; or\n\nS. 3B(1)(ea) inserted by No. 34/2019 s. 65(1).\n\n(ea) any other words or designs, or a combination of words and designs, that are closely associated with a person described in paragraph (e); or\n\nS. 3B(1)(f) amended by Nos 55/2016 s. 9(3)(f), 51/2024 s. 48(2)(d).\n\n(f) 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).\n\n(2) 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.\n\nS. 3B(3) amended by Nos 55/2016 s. 9(3)(g)(i), 51/2024 s. 48(3)(a)(i).\n\n(3) Without limiting subsection (1), a tobacco advertisement includes—\n\nS. 3B(3)(a) amended by Nos 55/2016 s. 9(3)(g)(ii), 51/2024 s. 48(3)(a)(ii).\n\n(a) the display of an immediate package of a tobacco product;\n\n(b) the advertisement of cigarette papers.\n\nS. 3B(3A) inserted by No. 34/2019 s. 65(2), amended by No. 51/2024 s. 48(3)(b).\n\n(3A) 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.\n\nS. 3B(4) amended by Nos 49/2009 s. 9, 55/2016 s. 9(3)(h), 51/2024 s. 48(3)(c).\n\n(4) 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).\n\nS. 3B(5) amended by Nos 55/2016 s. 9(3)(h), 51/2024 s. 48(3)(c).\n\n(5) 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).\n\nS. 3B(6) amended by Nos 55/2016 s. 9(3)(i), 51/2024 s. 48(3)(d).\n\n(6) For the avoidance of doubt, the taking of any action to prevent a product from causing injury to anyone, including action—\n\n(a) to recall a product; or\n\n(b) to disclose a defect in, or a dangerous characteristic of, a product; or\n\n(c) to disclose circumstances in which the use of a product is or may be dangerous; or\n\n(d) to disclose procedures for disposing of a product—\n\ndoes not constitute a tobacco advertisement.\n\nS. 3B(7) amended by Nos 55/2016 s. 9(3)(j), 51/2024 s. 48(3)(e)(i).\n\n(7) If—\n\nS. 3B(7)(a) amended by Nos 55/2016 s. 9(3)(j), 51/2024 s. 48(3)(e)(i).\n\n(a) apart from this subsection, something (***the advertisement***) would, technically, be a tobacco advertisement; and\n\nS. 3B(7)(b) amended by Nos 55/2016 s. 9(3)(k), 51/2024 s. 48(3)(e)(ii).\n\n(b) it is clear from the advertisement that its sole or principal purpose is to discourage smoking or the use of tobacco products—\n\nthen, despite subsection (1), the advertisement is not a tobacco advertisement for the purposes of this Act.\n\n(8) In this section—\n\n***words*** includes abbreviations, initials and numbers.\n\nS. 3C inserted by No. 43/2000 s. 5, repealed by No. 28/2001 s. 4,  \nnew s. 3C inserted by No. 31/2002 s. 6.\n\n","sortOrder":15},{"sectionNumber":"3C","sectionType":"section","heading":"Bingo area","content":"\t3C Bingo area\n\nFor the purposes of this Act, an area (other than an outdoor area) is a bingo area at any time when the predominant activity in that area is the conducting of a session of bingo under a minor gaming permit.\n\nS. 3D inserted by No. 43/2000 s. 5,  \nrepealed by No. 45/2005 s. 21(c).\n\nS. 3E inserted by No. 45/2005 s. 22, repealed by No. 42/2022 s. 64.\n\nS. 3F inserted by No. 55/2016 s. 6.\n\n","sortOrder":16},{"sectionNumber":"3F","sectionType":"section","heading":"Outdoor dining area","content":"\t3F Outdoor dining area\n\n(1) For the purposes of this Act, an ***outdoor dining area*** is—\n\n(a) an outdoor area in a public place—\n\n(i) that has an occupier; and\n\n(ii) 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\n\n(iii) to which neither paragraph (b) nor (c) applies; or\n\n(b) an outdoor area in a public place at which a food fair is held; or\n\n(c) an area that—\n\n(i) is part of an outdoor area in a public place at which an organised event (other than a food fair) is held; and\n\n(ii) 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.\n\n***food*** does not include drink or any snack;\n\n***food fair*** means an organised event at which the principal activities are the sale or supply of food for consumption at the event and the consumption of that food.\n\nS. 3G inserted by No. 51/2024 s. 6.\n\n","sortOrder":17},{"sectionNumber":"3G","sectionType":"section","heading":"Who is an associate?","content":"\t3G Who is an associate?\n\n(1)  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—\n\n(a) a person who—\n\n(i) 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\n\n(ii) 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\n\n(b) 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\n\n(c) if the primary person is a body corporate, a relative of any director of the primary person, other than a relative—\n\n(i) who is not, and has never been, involved in a tobacco supply business of the primary person; or\n\n(ii) 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\n\n(d) 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—\n\n(i) who is not, and has never been, involved in a tobacco supply business of the primary person; or\n\n(ii) 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\n\n(e) 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—\n\n(i) who is not, and has never been, involved in a tobacco supply business of the partnership; or\n\n(ii) 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\n\n(f) a person who is prescribed as an associate of the primary person.\n\n***domestic partner***, in relation to a person, means—\n\n(a) a person who is in a registered relationship with the person; or\n\n(b) 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—\n\n(i) for fee or reward; or\n\n(ii) on behalf of another person or organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);\n\n***relative***, in relation to a person, means any of the following—\n\n(a) the spouse or domestic partner of the person;\n\n(b) a parent, child, step child, adopted child, sibling or step sibling of the person;\n\n(c) a parent, child, step child, adopted child, sibling or step sibling of the spouse or domestic partner of the person;\n\n***relevant financial interest***, in relation to a tobacco supply business, means—\n\n(a) a share in the capital of the business; or\n\n(b) an entitlement to receive any income derived from the business; or\n\n(c) an entitlement to receive a payment as a result of money advanced;\n\n***relevant position***, in relation to a tobacco supply business, means the position (however described) of—\n\n(a) director, partner, trustee, manager or other executive position; or\n\n(b) secretary;\n\n***relevant power*** means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—\n\n(a) to participate in a directorial, managerial or executive decision; or\n\n(b) to elect or appoint a person as a director;\n\n***spouse*** of a person means a person to whom the person is married.\n\n(3) For the purposes of the definition of ***domestic partner*** in subsection (2)—\n\n(a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\n(b) 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\n\n(c) a person is not a domestic partner of another person only because they are co‑tenants.\n\n","sortOrder":18},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"\t4 Application of Act\n\n(1) Nothing in this Act applies to anything done by radio or television broadcast.\n\n(2) Nothing in this Act or the regulations applies to—\n\n(a) the labelling of packages of tobacco if the tobacco is packed for sale outside Victoria and is not sold in Victoria; or\n\n(b) 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.\n\n(3) Nothing in section 9 applies to anything done before 1 January 1989 under a contract or agreement entered into before 8 October 1987.\n\n","sortOrder":19},{"sectionNumber":"5","sectionType":"section","heading":"Objects of Act","content":"\t5 Objects of Act\n\n(1) The objects of this Act are—\n\n(a) the active discouragement of the smoking of tobacco—\n\n(i) by encouraging non-smokers, particularly young people, not to start smoking; and\n\n(ii) by limiting exposure of children and young people to persuasion to smoke; and\n\n(iii) by encouraging and assisting smokers to give up smoking; and\n\nS. 5(1)(b) amended by No. 51/2024 s. 7(a).\n\n(b) the promotion of health and illness prevention; and\n\nS. 5(1)(c) inserted by No. 51/2024 s. 7(b).\n\n(c) in relation to the licensing scheme for tobacco retailers and wholesalers—\n\n(i) the safeguarding of the suitability of licensed retailers and wholesalers of tobacco products; and\n\n(ii) the promotion and enforcement of compliance with controls on the lawful sale and promotion of tobacco products; and\n\n(iii) the upholding of the integrity of the licensing scheme by deterring unlawful conduct.\n\nS. 5(2) amended by No. 51/2024 s. 7(c).\n\n(2) In giving effect to the objects referred to in subsection (1)(a) and (b), the Minister shall cause steps to be taken to—\n\n(a) plan and co-ordinate an integrated State-wide program to reduce the prevalence of smoking in Victoria; and\n\n(b) 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\n\n(c) ensure that tobacco usage by all age and sex groups in the population is monitored and reported upon regularly; and\n\n(d) evaluate the effectiveness of anti-smoking programs and plan future activities and policies on tobacco usage.\n\nPt 2 (Heading) substituted by No. 43/2000 s. 6, amended by Nos 55/2016 s. 9(4), 51/2024 s. 49.\n\n","sortOrder":20},{"sectionNumber":"Part 2","sectionType":"part","heading":"Controls relating to tobacco products and vaping goods","content":"Part 2—Controls relating to tobacco products and vaping goods\n\nPt 2 Div. 1 (Heading) inserted by No. 31/2002 s. 7.\n\n","sortOrder":21},{"sectionNumber":"Div 1","sectionType":"division","heading":"No smoking areas","content":"Division 1—No smoking areas\n\nS. 5A inserted by No. 43/2000 s. 7(1), substituted by No. 45/2005 s. 5.\n\n","sortOrder":22},{"sectionNumber":"5A","sectionType":"section","heading":"Enclosed workplaces: offence by smoker","content":"\t5A Enclosed workplaces: offence by smoker\n\n(1) A person must not smoke in an enclosed workplace.\n\n(2) Subsection (1) does not apply to the following—\n\n(a) residential premises, other than a part of residential premises being used for carrying on a business while one or more persons who do not reside at the premises are present in that part;\n\nS. 5A(2)(b) repealed by No. 45/2005 s. 23(1).\n\nS. 5A(2)(c) amended by No. 55/2016 s. 4(2)(a).\n\n(c) an outdoor drinking area;\n\nS. 5A(2)(d) substituted by No. 45/2005 s. 23(2), repealed by No. 42/2022 s. 65.\n\n(e) a vehicle;\n\n(f) a place of business occupied by the sole operator of the business that is not for the use of members of the public;\n\n(g) a personal sleeping or living area of—\n\n(i) premises providing accommodation to members of the public for a fee; or\n\n(ii) a residential care facility;\n\nS. 5A(2)(h) amended by Nos 26/2014 s. 455(Sch. item 30), 39/2022 s. 873.\n\n(h) an area in a designated mental health service (within the meaning of the **Mental Health and Wellbeing Act 2022**) that is declared, or that is in a class of area that is declared, by the Secretary, by notice published in the Government Gazette, to be a smoking area;\n\nS. 5A(2)(i) repealed by No. 45/2014 s. 7.\n\n(j) a detention centre established for the purposes of the Migration Act 1958 of the Commonwealth.\n\n(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.\n\n(4) A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.\n\nS. 5B inserted by No. 43/2000 s. 7(1), substituted by No. 45/2005 s. 5.\n\n","sortOrder":23},{"sectionNumber":"5B","sectionType":"section","heading":"Enclosed workplaces: offence by occupier","content":"\t5B Enclosed workplaces: offence by occupier\n\nS. 5B(1) amended by No. 49/2009 s. 10.\n\n(1) If smoking occurs in an enclosed workplace, in contravention of section 5A, the occupier of the enclosed workplace is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.\n\nS. 5B(2) amended by No. 68/2009 s. 97(Sch. item 120.1).\n\n(2) It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—\n\nS. 5B(2)(a) amended by No. 68/2009 s. 97(Sch. item 120.1).\n\n(a) the accused was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or\n\nS. 5B(2)(b) amended by No. 68/2009 s. 97(Sch. item 120.1).\n\nS. 5BA inserted by No. 31/2002 s. 8, repealed by No. 45/2005 s. 5.\n\nS. 5C (Heading) amended by No. 55/2016 s. 4(2)(b).\n\nS. 5C inserted by No. 43/2000 s. 7(2), amended by Nos 28/2001 s. 5, 31/2002 s. 10(a), substituted by No. 45/2005 ss 5, 24.\n\n","sortOrder":24},{"sectionNumber":"5C","sectionType":"section","heading":"Outdoor drinking areas: offence by smoker","content":"\t5C Outdoor drinking areas: offence by smoker\n\nS. 5C(1) amended by No. 55/2016 s. 4(2)(c).\n\n(1) A person must not smoke in an outdoor drinking area if—\n\n(a) the area has a roof and walls in place; and\n\n(b) the total actual area of the wall surfaces exceeds 75% of the total notional wall area.\n\nS. 5C(1A) inserted by No. 55/2016 s. 4(3).\n\n(1A) A person must not smoke in an outdoor drinking area if—\n\n(a) any part of the outdoor drinking area is within 4 metres of an outdoor dining area, irrespective of whether or not the outdoor drinking area and the outdoor dining area are operated by the same occupier; and\n\nS. 5C(1A)(b) amended by No. 42/2022 s. 67(a).\n\n(b) the outdoor drinking area and the outdoor dining area are not separated by a wall that is at least 2·1 metres high.\n\nS. 5C(1B) inserted by No. 55/2016 s. 4(3), amended by No. 51/2024 s. 14.\n\n(1B) It is a defence to a prosecution under subsection (1A) if the accused proves that the accused could not reasonably be expected to have been aware that the accused was contravening subsection (1A).\n\nS. 5C(2) amended by No. 55/2016 s. 4(4)(a).\n\n(2) If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (1A), the inspector, on producing his or her identity card, may direct the person to cease the contravention.\n\nS. 5C(3) amended by No. 55/2016 s. 4(4)(a).\n\n(3) A person who is contravening subsection (1) or (1A) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.\n\n(4) In this section—\n\n***total notional wall area*** means what would be the total area of the wall surfaces if the walls were—\n\n(a) at the perimeter of the roofed area; and\n\n(b) continuous; and\n\n(c) of a uniform height equal to the lowest height of the roof.\n\nS. 5D (Heading) amended by No. 55/2016 s. 4(4)(b).\n\nS. 5D inserted by No. 43/2000 s. 7(2), amended by No. 28/2001 s. 6, substituted by No. 45/2005 ss 5, 24.\n\n","sortOrder":25},{"sectionNumber":"5D","sectionType":"section","heading":"Outdoor drinking areas: offence by occupier","content":"\t5D Outdoor drinking areas: offence by occupier\n\nS. 5D(1) amended by Nos 49/2009 s. 11, 55/2016 s. 4(4)(c)(d).\n\n(1) If smoking occurs in an outdoor drinking area, in contravention of section 5C(1), the occupier of the area is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.\n\nS. 5D(2) amended by No. 68/2009 s. 97(Sch. item 120.2).\n\n(2) It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—\n\nS. 5D(2)(a) amended by Nos 68/2009 s. 97(Sch. item 120.2), 51/2024 s. 15(a).\n\nS. 5D(2)(b) amended by No. 68/2009 s. 97(Sch. item 120.2).\n\nS. 5D(3) inserted by No. 55/2016 s. 4(5).\n\n(3) If a person smokes in an outdoor drinking area in contravention of section 5C(1A), the occupier of the outdoor drinking area is guilty of an offence.\n\nPenalty: In the case of a natural person, 10 penalty units.\n\nS. 5D(4) inserted by No. 55/2016 s. 4(5).\n\n(4) It is a defence to the prosecution under subsection (3) if the occupier of the outdoor drinking area proves that the occupier of the outdoor drinking area—\n\nS. 5D(4)(a) amended by No. 51/2024 s. 15(b).\n\n(a) could not reasonably be expected to have been aware that the contravention of section 5C(1A) was occurring; or\n\n(b) the contravention of section 5C(1A) occurred during a period of 3 months starting on the day that the outdoor dining area was first used as an outdoor dining area.\n\nS. 5E (Heading) amended by No. 55/2016 s. 4(6)(a).\n\nS. 5E inserted by No. 31/2002 s. 9, substituted by No. 45/2005 ss 5, 24.\n\n","sortOrder":26},{"sectionNumber":"5E","sectionType":"section","heading":"Outdoor drinking areas: no smoking signs","content":"\t5E Outdoor drinking areas: no smoking signs\n\nS. 5E(1) amended by Nos 49/2009 s. 12, 55/2016 s. 4(6)(b)(c).\n\n(1) The occupier of an outdoor drinking area in which smoking is prohibited by section 5C(1) or (1A) is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\nS. 5E(2) amended by No. 55/2016 s. 4(6)(d).\n\n(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the outdoor drinking area or from within the outdoor drinking area.\n\nS. 5EA inserted by No. 55/2016 s. 7.\n\n\t5EA Outdoor dining areas: offence by smoker\n\n(1) A person must not smoke in an outdoor dining area.\n\n(2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.\n\n(3) A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.\n\nS. 5EB inserted by No. 55/2016 s. 7.\n\n\t5EB Outdoor dining areas: offence by occupier\n\n(1) If smoking occurs in an outdoor dining area, in contravention of section 5EA, the occupier of the area is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.\n\n(2) It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—\n\nS. 5EB(2)(a) amended by No. 51/2024 s. 16.\n\nS. 5EC inserted by No. 55/2016 s. 7.\n\n\t5EC Outdoor dining areas: no smoking signs\n\n(1) The occupier of an outdoor dining area in which smoking is prohibited by section 5EA, is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\n(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the outdoor dining area or from within the outdoor dining area.\n\nS. 5F inserted by No. 31/2002 s. 9, substituted by No. 45/2005 s. 5.\n\n","sortOrder":27},{"sectionNumber":"5F","sectionType":"section","heading":"Enclosed restaurants and cafes: no smoking signs","content":"\t5F Enclosed restaurants and cafes: no smoking signs\n\nS. 5F(1) amended by No. 49/2009 s. 13.\n\n(1) The occupier of an enclosed restaurant or cafe is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\n(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the enclosed restaurant or cafe or from within the enclosed restaurant or cafe.\n\nS. 5G inserted by No. 31/2002 s. 9, substituted by No. 45/2005 s. 5.\n\n","sortOrder":28},{"sectionNumber":"5G","sectionType":"section","heading":"Retail shopping centres: no smoking signs","content":"\t5G Retail shopping centres: no smoking signs\n\n(1) The occupier of a retail shopping centre is guilty of an offence if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\n(2) The signs must be displayed in such prominent positions at entrances to any enclosed areas of the centre as would reasonably identify those areas of the centre as no smoking areas for persons entering them.\n\nS. 5G(3) amended by No. 49/2009 s. 14.\n\n(3) The maximum penalty for an offence against subsection (1) is 10 penalty units in the case of a natural person and 50 penalty units in the case of a body corporate.\n\nS. 5H inserted by No. 31/2002 s. 9, substituted by No. 45/2005 s. 5.\n\n","sortOrder":29},{"sectionNumber":"5H","sectionType":"section","heading":"Bingo areas and centres: no smoking signs","content":"\t5H Bingo areas and centres: no smoking signs\n\nS. 5H(1) amended by No. 49/2009 s. 15.\n\n(1) The occupier of a bingo area or bingo centre is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\n(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the bingo area or bingo centre or from within the bingo area or bingo centre.\n\nSs 5I, 5J inserted by No. 31/2002 s. 9,  \nrepealed by No. 45/2005 s. 25(a).\n\nS. 5K inserted by No. 31/2002 s. 9, substituted by No. 45/2005 s. 6.\n\n","sortOrder":30},{"sectionNumber":"5K","sectionType":"section","heading":"Casinos: no smoking signs","content":"\t5K Casinos: no smoking signs\n\nS. 5K(1) amended by Nos 49/2009 s. 16, 42/2022 s. 66.\n\n(1) The occupier of an area of a casino is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\n(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the area or from within the area.\n\nS. 5L inserted by No. 31/2002 s. 9,  \namended by No. 45/2005 s. 7(a)‑(c), repealed by No. 45/2005 s. 25(a).\n\nS. 5M inserted by No. 31/2002 s. 9, amended by No. 45/2005 s. 7(d), repealed by No. 45/2005 s. 25(a).\n\nS. 5N inserted by No. 31/2002 s. 9, substituted by No. 45/2005 s. 8.\n\n","sortOrder":31},{"sectionNumber":"5N","sectionType":"section","heading":"Approved venues: no smoking signs","content":"\t5N Approved venues: no smoking signs\n\nS. 5N(1) amended by Nos 45/2005 s. 25(b), 49/2009 s. 17.\n\n(1) The occupier of a gaming machine area or an enclosed gaming room is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\n(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the gaming machine area or enclosed gaming room or from within the area or room.\n\nS. 5O inserted by No. 31/2002 s. 9, amended by No. 45/2005 s. 9(a), repealed by No. 45/2005 s. 25(c).\n\nS. 5P inserted by No. 31/2002 s. 9, amended by No. 45/2005 s. 9(b), repealed by No. 45/2005 s. 25(c).\n\nS. 5Q inserted by No. 31/2002 s. 9, repealed by No. 45/2005 s. 25(c).\n\nS. 5R (Heading) amended by No. 51/2024 s. 11(1).\n\nS. 5R inserted by No. 31/2002 s. 9, substituted by No. 45/2005 s. 10.\n\n","sortOrder":32},{"sectionNumber":"5R","sectionType":"section","heading":"Licensed liquor premises: no smoking signs","content":"\t5R Licensed liquor premises: no smoking signs\n\nS. 5R(1) amended by Nos 45/2005 s. 25(d)(i), 49/2009 s. 18, 51/2024 s. 11(2).\n\n(1) The occupier of enclosed licensed liquor premises is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\nS. 5R(2) amended by Nos 45/2005 s. 25(d)(ii), 51/2024 s. 11(2).\n\n(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the enclosed licensed liquor premises or from within those premises.\n\nS. 5RA inserted by No. 71/2012 s. 3.\n\n\t5RA No smoking at patrolled beaches\n\n(1) A person must not smoke within an area (on public land or in the sea) that is—\n\n(a) between red and yellow flags temporarily erected on behalf of Surf Life Saving Victoria or its affiliated surf life saving clubs marking the boundaries for safe swimming; or\n\n(b) within a 50 metre radius of a red and yellow flag referred to in paragraph (a).\n\n(2) Subsection (1) does not apply in an area beyond—\n\n(a) the landward edge of a beach's sanded area if the beach is adjacent to the coast or a bay; or\n\n(b) the water's edge or the landward edge of a beach's sanded area if the beach is adjacent to a river.\n\n(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.\n\nS. 5RB inserted by No. 71/2012 s. 3, substituted by No. 65/2014 s. 5.\n\n\t5RB No smoking in outdoor area of education and care service premises or children's service premises or their vicinity\n\n(1) A person must not smoke in an area that is not enclosed and is within—\n\n(a) education and care service premises while they are being used to provide an education and care service; or\n\n(b) children's service premises while they are being used to provide a children's service.\n\n(2) A person must not smoke at or within 4 metres of any part of a pedestrian access point to—\n\n(a) education and care service premises while they are being used to provide an education and care service; or\n\n(b) children's service premises while they are being used to provide a children's service.\n\n(3) Subsection (2) does not apply to a person—\n\n(b) in an area that is separated from premises referred to in that subsection by a road; or\n\nS. 5RB(3)(d) amended by No. 55/2016 s. 4(6)(e).\n\n(4) If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (2), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.\n\n(5) A person who is contravening subsection (1) or (2) must comply with a direction by an inspector to cease the contravention.\n\nS. 5RBA inserted by No. 65/2014 s. 5.\n\n\t5RBA Vicinity of education and care service premises or children's service premises: no smoking signs\n\n(1) The occupier of education and care service premises or children's service premises must display an acceptable no smoking sign in accordance with subsection (2).\n\n(2) The sign must be displayed in such a prominent position at a pedestrian access point to education and care service premises or children's service premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.\n\nS. 5RC inserted by No. 66/2013 s. 5.\n\n\t5RC No smoking in outdoor area of public swimming pool complex\n\n(1) A person must not smoke in an outdoor area of a swimming pool complex that is a public place.\n\n(2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.\n\n(3) A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.\n\nS. 5RC(4) amended by No. 55/2016 s. 4(6)(f).\n\n(4) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is within a swimming pool complex that is a public place.\n\n(5) For the purposes of this section—\n\n***outdoor area***, in relation to a swimming pool complex, means an area within the external perimeter of the complex that is not enclosed.\n\nS. 5RD inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 6.\n\n\t5RD No smoking in outdoor area of school premises or vicinity of school premises\n\n(1) A person must not smoke in an area that is within school premises and is not enclosed.\n\n(2) A person must not smoke at or within 4 metres of any part of a pedestrian access point to school premises.\n\n(3) Subsection (2) does not apply to a person—\n\n(b) in an area that is separated from school premises by a road; or\n\nS. 5RD(3)(d) amended by No. 55/2016 s. 4(6)(g).\n\n(4) If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (2), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.\n\n(5) A person who is contravening subsection (1) or (2) must comply with a direction by an inspector to cease the contravention.\n\nS. 5RDA inserted by No. 65/2014 s. 6.\n\n\t5RDA Vicinity of school premises: no smoking signs\n\n(1) The occupier of school premises must display an acceptable no smoking sign in accordance with subsection (2).\n\n(2) The sign must be displayed in such a prominent position at a pedestrian access point to school premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.\n\nS. 5RE inserted by No. 66/2013 s. 5.\n\n\t5RE No smoking at or in vicinity of outdoor children's playground equipment\n\n(1) A person must not smoke at or within 10 metres of children's playground equipment that is in an outdoor public place.\n\n(b) in an area that is separated from the children's playground equipment by a road; or\n\n(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.\n\nS. 5RE(5) amended by No. 55/2016 s. 4(6)(h).\n\n(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is within 10 metres of children's playground equipment.\n\nS. 5RF inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 7.\n\n\t5RF No smoking in vicinity of children's indoor play centre\n\n(1) A person must not smoke at or within 4 metres of any part of a pedestrian access point to a children's indoor play centre.\n\n(b) in an area that is separated from the children's indoor play centre by a road; or\n\nS. 5RF(2)(d) amended by No. 55/2016 s. 4(6)(i).\n\n(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.\n\nS. 5RFA inserted by No. 65/2014 s. 7.\n\n\t5RFA Vicinity of children's indoor play centre: no smoking signs\n\n(1) The occupier of a children's indoor play centre must display an acceptable no smoking sign in accordance with subsection (2).\n\n(2) The sign must be displayed in such a prominent position at a pedestrian access point to the children's indoor play centre as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.\n\nS. 5RG inserted by No. 66/2013 s. 5.\n\n\t5RG No smoking at or in vicinity of outdoor skate park\n\n(1) A person must not smoke at or within 10 metres of a skate park that is in an outdoor public place.\n\n(b) in an area that is separated from the skate park by a road; or\n\n(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.\n\nS. 5RG(5) amended by No. 55/2016 s. 4(6)(j).\n\n(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is at or within 10 metres of the skate park.\n\n***skate park*** means an area specifically designed and equipped with structures for rollerblading, rollerskating or skateboarding or the use of BMX or non-motorised scooters.\n\nS. 5RH inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 8.\n\n\t5RH No smoking in vicinity of Victorian public premises\n\n(1) A person must not smoke at or within 4 metres of any part of a pedestrian access point to Victorian public premises.\n\n(b) in an area that is separated from Victorian public premises by a road; or\n\nS. 5RH(2)(d) amended by No. 55/2016 s. 4(6)(k).\n\n(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.\n\nS. 5RHA inserted by No. 65/2014 s. 8.\n\n\t5RHA Vicinity of Victorian public premises—no smoking signs\n\n(1) The occupier of Victorian public premises must display an acceptable no smoking sign in accordance with subsection (2).\n\n(2) The sign must be displayed in such a prominent position at a pedestrian access point to the premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.\n\nS. 5RI inserted by No. 66/2013 s. 5.\n\n\t5RI No smoking at or in vicinity of outdoor sporting venue\n\n(1) A person must not smoke at or within 10 metres of a sporting venue that is an outdoor public place during—\n\n(a) an organised underage sporting event; or\n\n(b) a training or practice session to prepare for participation in an organised underage sporting event; or\n\n(c) any break or interval during the course of the organised underage sporting event or training or practice session.\n\n(b) in an area that is separated from the sporting venue by a road; or\n\n(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.\n\nS. 5RI(5) amended by No. 55/2016 s. 4(6)(l).\n\n(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is at or within 10 metres of the sporting venue.\n\n***organised underage sporting event*** means a sporting event that—\n\n(a) is planned in advance; and\n\n(b) is organised or intended for, or predominantly participated in by, persons under the age of 18 years; and\n\n(c) is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and\n\n(d) may be a one-off event or part of a series of events;\n\n***sporting event*** means a match, game, tournament or other event that involves the playing of, or participation in, sport;\n\n***sporting venue*** includes, but is not limited to—\n\n(a) a playing field;\n\n(b) a track;\n\n(c) an arena;\n\n(d) a court or rink;\n\n(e) any permanently or temporarily erected public seating at the venue;\n\n(f) any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of competitors or officials;\n\n(g) any part of the venue used to conduct the actual organised underage sporting event.\n\nS. 5RJ inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 9.\n\n\t5RJ No offence by minors at or in vicinity of certain places where smoking is prohibited\n\nDespite anything to the contrary in this Division or the **Sentencing Act 1991**, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RA, 5RB, 5RC, 5RD, 5RE, 5RF, 5RG, 5RH or 5RI.\n\nPt 2 Div. 1A (Heading and ss 5S–5U) inserted by No. 49/2009 s. 19.\n\n","sortOrder":33},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Smoking in motor vehicles","content":"Division 1A—Smoking in motor vehicles\n\nS. 5S  \n\n","sortOrder":34},{"sectionNumber":"5S","sectionType":"section","heading":"Offence to smoke in motor vehicle if person under 18 is present","content":"\t5S Offence to smoke in motor vehicle if person under 18 is present\n\nDespite anything to the contrary in this Act, a person must not smoke in a motor vehicle, whether or not the motor vehicle is in motion, if another person is present in the motor vehicle and the other person is under the age of 18 years.\n\nS. 5T  \n\n","sortOrder":35},{"sectionNumber":"5T","sectionType":"section","heading":"Power to require driver to stop","content":"\t5T Power to require driver to stop\n\nS. 5T(1) amended by No. 37/2014 s. 10(Sch. item 169.2).\n\n(1) A police officer may require a driver or person in charge of a motor vehicle on a highway to stop the motor vehicle if the police officer believes on reasonable grounds that a person in the vehicle has committed or is about to commit an offence against section 5S.\n\n(2) Subject to subsection (3), a person must not fail to stop a motor vehicle when required to do so under subsection (1).\n\n1. 10 penalty units.\n\n(3) Subsection (2) is not contravened if—\n\n(a) the person making the requirement to stop is not in uniform; and\n\nS. 5T(3)(b) amended by No. 37/2014 s. 10(Sch. item 169.2).\n\n(b) the driver or person in charge of the motor vehicle believed that that person was not a police officer.\n\nS. 5U  \n\n","sortOrder":36},{"sectionNumber":"5U","sectionType":"section","heading":"Evidential burden regarding age","content":"\t5U Evidential burden regarding age\n\nIn proceedings for an offence against section 5S, evidence that a person present in the relevant motor vehicle appeared to be under the age of 18 years is, in the absence of evidence to the contrary, proof that the person was under the age of 18 years.\n\nPt 2 Div. 2 (Heading) inserted by No. 31/2002 s. 10(b).\n\n","sortOrder":37},{"sectionNumber":"Div 2","sectionType":"division","heading":"Advertising and other controls","content":"Division 2—Advertising and other controls\n\n","sortOrder":38},{"sectionNumber":"6","sectionType":"section","heading":"Certain advertising prohibited","content":"\t6 Certain advertising prohibited\n\nS. 6(1) amended by Nos 45/2005 s. 11(1), 49/2009 s. 20(1).\n\n(1) A person must not for any direct or indirect pecuniary benefit—\n\nS. 6(1)(a) amended by Nos 55/2016 s. 9(5)(a), 51/2024 s. 50(1).\n\n(a) display or cause or permit to be displayed, or authorise the display of, a tobacco advertisement in a theatre; or\n\nS. 6(1)(b) amended by Nos 55/2016 s. 9(5)(a), 51/2024 s. 50(1).\n\n(b) sell, or cause or permit to be sold, any film or video tape that contains a tobacco advertisement; or\n\nS. 6(1)(c) amended by Nos 55/2016 s. 9(5)(a), 51/2024 s. 50(1).\n\n(c) distribute or cause or permit to be distributed, or authorise the distribution of, to the public any unsolicited leaflet, handbill or other document that is a tobacco advertisement.\n\nS. 6(2) amended by No. 45/2005 s. 11(1).\n\n(2) A person must not for any direct or indirect pecuniary benefit—\n\nS. 6(2)(a) amended by Nos 55/2016 s. 9(5)(a), 51/2024 s. 50(1).\n\n(a) place or display or cause or permit to be placed or displayed, or authorise the placing or display of, a tobacco advertisement that is visible from a public place; or\n\nS. 6(2)(b) amended by Nos 55/2016 s. 9(5)(a), 51/2024 s. 50(1).\n\n(b) place or display, or cause or permit to be placed or displayed, or authorise the placing or display of, a tobacco advertisement on the outside of any road, sea or air vehicle or vessel.\n\nS. 6(2AA) inserted by No. 49/2009 s. 4(1), amended by No. 55/2016 s. 9(5)(b)–(e), substituted by No. 51/2024 s. 50(2).\n\n(2AA) If there is a tobacco advertisement at a retail outlet (other than an on‑airport duty free shop), the person carrying on the tobacco retailing business at that retail outlet commits an offence and is liable to a penalty not exceeding 60 penalty units, in the case of a natural person, or 300 penalty units, in the case of a body corporate.\n\nS. 6(2A) inserted by No. 43/2000 s. 8(1) (as amended by No. 28/2001 s. 19(1)), amended by Nos 45/2005 s. 11(1), 49/2009 ss 4(2), 20(2)(3), 55/2016 s. 9(5)(f)–(h), substituted by No. 51/2024 s. 50(2).\n\n(2A) If there is a tobacco advertisement of a product line of a tobacco product at a point of sale at an on‑airport duty free shop or at a wholesale outlet that is not in accordance with section 6A, the person carrying on the tobacco retailing business or the tobacco wholesaling business at that outlet is guilty of an offence and liable to a penalty not exceeding 60 penalty units, in the case of a natural person, or 300 penalty units, in the case of a body corporate.\n\nS. 6(2AB)–(2AD) inserted by No. 55/2016 s. 9(6), repealed by No. 51/2024 s. 50(3).\n\nS. 6(2B) inserted by No. 43/2000 s. 8(1) (as amended by No. 28/2001 s. 19(1)), amended by Nos 45/2005 s. 11(1), 49/2009 ss 4(3), 20(4), 55/2016 s. 9(7)(a)–(d), substituted by No. 51/2024 s. 50(4).\n\n(2B) A person must not, in the course of carrying on a tobacco retailing business at an on‑airport duty free shop or a tobacco wholesaling business, display tobacco products at a retail outlet or wholesale outlet other than at a point of sale.\n\nS. 6(2C) inserted by No. 43/2000 s. 8(1) (as amended by No. 28/2001 s. 19(1)).\n\n(2C) Subsection (2B) does not apply to—\n\n(a) the display of cigars in an operating humidor; or\n\n(b) the display of cartons at an on-airport duty free shop.\n\nS. 6(2D) inserted by No. 45/2005 s. 11(2), amended by Nos 49/2009 s. 4(4), 55/2016 s. 9(7)(e)–(g), 13/2022 s. 60(2), substituted by No. 51/2024 s. 50(5).\n\n(2D) A tobacco company commits an offence against this subsection, and is liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—\n\n(a) contravenes subsection (1), (2), (2AA), (2A) or (2B); or\n\n(b) causes another person to contravene subsection (1), (2), (2AA), (2A) or (2B).\n\nS. 6(2E) inserted by No. 45/2005 s. 11(2).\n\n(2E) An offence against subsection (2D) is an indictable offence.\n\n(3) Nothing in this section applies to—\n\nS. 6(3)(a) amended by Nos 55/2016 s. 9(7)(h), 51/2024 s. 50(6)(a)(i).\n\n(a) a tobacco advertisement in or on—\n\n(i) a newspaper or magazine; or\n\n(ii) a book; or\n\nS. 6(3)(a)(iii) amended by Nos 43/2000 s. 8(2)(a), 55/2016 s. 9(7)(i), 51/2024 s. 50(6)(a)(ii).\n\n(iii) a package containing a tobacco product, other than a package at a point of sale; or\n\nS. 6(3)(b) amended by Nos 55/2016 s. 9(7)(h), 51/2024 s. 50(6)(b).\n\n(b) a tobacco advertisement that is an accidental or incidental accompaniment to a film or video tape; or\n\nS. 6(3)(ba) inserted by No. 49/2009 s. 4(5), amended by Nos 55/2016 s. 9(7)(i)(j), 51/2024 s. 50(6)(c).\n\n(ba) the temporary display of tobacco products or immediate packages of tobacco products in a retail outlet in response to a request by a customer wishing to purchase a specified tobacco product; or\n\nS. 6(3)(c) substituted by No. 43/2000 s. 8(3) (as amended by No. 28/2001 s. 19(3)(a)–(c)), amended by Nos 49/2009 s. 4(6), 55/2016 s. 9(7)(h)(i), substituted by No. 51/2024 s. 50(6)(d).\n\n(c) a tobacco advertisement (other than a display of a tobacco product carried about on a person) at a point of sale inside an on‑airport duty free shop or a wholesale outlet that is in accordance with section 6A; or\n\nS. 6(3)(ca) inserted by No. 43/2000 s. 8(3) (as amended by No. 28/2001 s. 19(3)(a)–(c)), amended by Nos 49/2009 s. 4(7), 66/2013 s. 6(1), 55/2016 s. 9(7)(k), 51/2024 s. 50(6)(e).\n\n(ca) one notice about tobacco products at one or more points of sale at an on‑airport duty free shop or a wholesale outlet that complies with the prescribed requirements as to size, information contained in it and the manner in which the information is set out in it and the form in which the notice is displayed; or\n\nS. 6(3)(cab) inserted by No. 49/2009 s. 4(8), amended by Nos 66/2013 s. 6(2), 55/2016 s. 9(7)(k)(l), 51/2024 s. 50(6)(f).\n\n(cab) one notice about tobacco products at one point of sale at a retail outlet (other than an on-airport duty free shop) that complies with the prescribed requirements as to size, information contained in it and the manner in which the information is set out in it and the form in which the notice is displayed; or\n\nS. 6(3)(cb) inserted by No. 43/2000 s. 8(3) (as amended by No. 28/2001 s. 19(3)(a)–(c)), amended by Nos 49/2009 s. 4(9), 55/2016 s. 9(7)(k), 51/2024 s. 50(6)(g).\n\n(cb) tickets or labels on, or adjacent to, immediate packages of tobacco products in an on‑airport duty free shop if the tickets or labels display retail prices and comply with the prescribed requirements as to size, information contained in them and the manner in which the information is set out or displayed; or\n\nS. 6(3)(cba)–(cbc) inserted by No. 55/2016 s. 9(7)(m), repealed by No. 51/2024 s. 50(6)(h).\n\nS. 6(3)(cc) inserted by No. 43/2000 s. 8(3) (as amended by No. 28/2001 s. 19(3)(a)–(c)), amended by No. 49/2009 s. 4(10).\n\n(cc) tickets or labels on or in vending machines that comply with the prescribed requirements as to size, information contained in them and the manner in which the information is set out or displayed; or\n\nS. 6(3)(d) amended by No. 28/2001 s. 7, repealed by No. 45/2005 s. 11(3), new s. 6(3)(d) inserted by No. 49/2009 s. 4(11).\n\n(d) one notice at a retail outlet or a wholesale outlet to the effect that tobacco products are available for sale at the outlet, being a notice that does not exceed the prescribed maximum size and complies with the prescribed requirements as to information contained in it and the manner in which the information is set out or displayed; or\n\nS. 6(3)(da) inserted by No. 55/2016 s. 9(7)(n), repealed by No. 51/2024 s. 50(6)(h).\n\nS. 6(3)(e) repealed by No. 34/2019 s. 66.\n\n(f) an invoice, statement, order, letterhead, business card, cheque, manual or other document ordinarily used in the course of business.\n\nS. 6A (Heading) inserted by No. 55/2016 s. 9(7)(o), amended by No. 51/2024 s. 51(1).\n\nS. 6A inserted by No. 43/2000 s. 9 (as amended by No. 28/2001 s. 20(1)–(5)).\n\n","sortOrder":39},{"sectionNumber":"6A","sectionType":"section","heading":"Point of sale advertisements","content":"\t6A Point of sale advertisements\n\nS. 6A(1) amended by Nos 49/2009 s. 5(1), 55/2016 s. 9(7)(p), 51/2024 s. 51(2)(a).\n\n(1) A tobacco advertisement at one point of sale at an on‑airport duty free shop or at any point of sale at a wholesale outlet may advertise a product line of a tobacco product in one only of the following ways—\n\n(a) by the display of a single immediate package of the product line in the form in which the package is available for sale at that point of sale (including the display of an immediate package if only cartons are available for sale);\n\n(b) by means of a stack dispenser for immediate packages of the product line in the form in which the packages are available for sale at that point of sale if—\n\n(i) in the case of an angled stack, the most that is displayed is—\n\n(A) any part of the single package at the front of the stack; and\n\n(B) any part (other than the face) of the other packages in the stack; and\n\nS. 6A(1)(b)(i)(C) amended by Nos 49/2009 s. 21(1), 55/2016 s. 9(7)(q).\n\n(C) those parts of the faces of the other packages that bear the warning message required by the Competition and Consumer (Tobacco) Information Standard 2011 of the Commonwealth; and\n\n(ii) in the case of packages stacked on top of each other, the most that is displayed is any part of the package on the top of the stack and any part of the package on the bottom of the stack;\n\nS. 6A(1)(c) repealed by No. 49/2009 s. 5(2).\n\n(d) in the case of a product line of cigars, by the display of either or both of the following—\n\n(i) up to 13 cigars of the product line in an open box, or in any other manner;\n\n(ii) a single closed box full of the product line in the form in which the box is available for sale at that point of sale.\n\nS. 6A(2) amended by Nos 49/2009 s. 5(3), 55/2016 s. 9(7)(p), 51/2024 s. 51(2)(b).\n\n(2) A tobacco advertisement at any other point of sale at an on-airport duty free shop may advertise a product line of a tobacco product by means of a stack dispenser for immediate packages of the product line in the form in which the packages are available at that point of sale if—\n\n(a) in the case of an angled stack, the most that is displayed is—\n\n(i) any part (other than the face) of any package in the stack; and\n\nS. 6A(2)(a)(ii) amended by No. 49/2009 s. 21(2).\n\n(ii) those parts of the faces of the packages that bear the warning message required by the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth; and\n\n(b) in the case of packages stacked on top of each other, the most that is displayed is any part of the package on the top of the stack (but not including the face or the top of that package as stacked or the side or end of that package directly facing the customer) and any part of the package on the bottom of the stack (but not including the face or the bottom of that package as stacked or the side or end of that package directly facing the customer).\n\nS. 6A(3) amended by Nos 55/2016 s. 9(7)(p), 51/2024 s. 51(2)(c).\n\n(3) A display of tobacco products at a point of sale may not consist of the display of the products, packages of the products or representations of the products or packages so as to constitute a tobacco advertisement itself as distinct from the display of each product, package or representation.\n\nS. 6A(4) amended by Nos 49/2009 s. 5(4), 51/2024 s. 51(2)(d).\n\n(4) A display of a product line at a point of sale at an on-airport duty free shop may not include the display of a carton of the product line, or any part of the carton, whether or not the carton is empty or partly empty.\n\n(5) Despite subsection (4), a product line at a point of sale at a retail outlet that is an on-airport duty free shop may be displayed in such a way that—\n\n(a) one carton of the product line is visible; or\n\n(b) in the case of cartons of the same size as each other, the cartons are stacked directly behind each other, and the most that is visible is—\n\n(i) any part of the carton at the front of the stack; and\n\n(ii) any end or the top (or both) of the next carton in the stack; or\n\n(c) in the case of cartons of different sizes, the most that is visible is—\n\n(i) one carton of one size; and\n\n(ii) any end or the top (or both) of one other carton of that size; and\n\n(iii) the smallest side (or one of the smallest sides) of one carton of any other size.\n\n(6) A display of a product line at a point of sale at a wholesale outlet—\n\n(a) may include the display of one or more cartons of the product line, but only with the smallest (or one of the smallest) sides of the carton (or cartons) facing the customer service area; and\n\n(b) must otherwise comply with this section.\n\nS. 6A(7) amended by Nos 49/2009 s. 5(5), 55/2016 s. 9(7)(p), 51/2024 s. 51(2)(e).\n\n(7) The area of display of tobacco products that constitute a tobacco advertisement referred to in subsection (1) at an on-airport duty free shop must not exceed the prescribed area.\n\nS. 6A(8) repealed by No. 49/2009 s. 5(6).\n\nS. 6B  \ninserted by No. 55/2016 s. 10, repealed by No. 51/2024 s. 52.\n\nS. 7 (Heading) inserted by No. 86/2012 s. 3(1).\n\n","sortOrder":40},{"sectionNumber":"7","sectionType":"section","heading":"Competitions, rewards and shopper loyalty schemes","content":"\t7 Competitions, rewards and shopper loyalty schemes\n\nS. 7(1) amended by Nos 45/2005 s. 12(1), 49/2009 s. 22, 55/2016 s. 9(8)(a), 51/2024 s. 53(1)(a).\n\n(1) A person must not, in connection with the sale of a tobacco product or for the purpose of promoting the sale of a tobacco product—\n\n(a) supply to the purchaser or any other person—\n\nS. 7(1)(a)(i) substituted by No. 28/2001 s. 8(1)(a), amended by Nos 55/2016 s. 9(8)(b), 51/2024 s. 53(1)(b).\n\n(i) any non‑tobacco product or other benefit (whether or not a separate charge is made for that product or benefit); or\n\nS. 7(1)(a)(ii) amended by Nos 28/2001 s. 8(1)(b), 55/2016 s. 9(8)(b), 51/2024 s. 53(1)(b).\n\n(ii) a stamp, coupon, token, voucher, ticket or other thing by virtue of which the purchaser or any other person may become entitled to, or may qualify for any non‑tobacco product or other benefit (whether the entitlement or qualification is absolute or conditional); or\n\nS. 7(1)(a)(iii) amended by Nos 28/2001 s. 8(1)(c), 55/2016 s. 9(8)(b), 51/2024 s. 53(1)(b).\n\n(iii) any thing which, or a copy or facsimile of which, is a necessary prerequisite to participation in, or is likely to confer an advantage in, any game, contest or other activity in which a participant may become entitled to, or may qualify for, any non‑tobacco product or other benefit (whether the entitlement or qualification is absolute or conditional); or\n\nS. 7(1)(b) amended by Nos 55/2016 s. 9(8)(a), 51/2024 s. 53(1)(c).\n\n(b) conduct a scheme declared by the Governor in Council by Order published in the Government Gazette for the purposes of this section to be a scheme to promote the sale of a tobacco product or to promote smoking generally.\n\nS. 7(2) substituted by No. 86/2012 s. 3(2), amended by Nos 55/2016 s. 9(8)(c), 51/2024 s. 53(1)(c).\n\n(2) In proceedings for an offence against subsection (1), it is a defence to prove that it was not practicable for the person to identify the purchased item that gave rise to the supply of the benefit or thing or participation in the scheme as a tobacco product.\n\nS. 7(3) inserted by No. 28/2001 s. 8(2), amended by Nos 55/2016 s. 9(8)(d)(e), 51/2024 s. 53(1)(d).\n\n(3) Subsection (1) does not prohibit the sale of non‑tobacco products such as lighters, matches, ashtrays or other items that are necessary for, or ancillary to, the smoking of tobacco products, unless the consideration for the sale of those non-tobacco products is less than it would have been had they not been sold in connection with the sale of tobacco products.\n\nS. 7(4) inserted by No. 45/2005 s. 12(2), substituted by Nos 55/2016 s. 9(9), 51/2024 s. 53(2).\n\n(4) To avoid doubt, subsection (1) applies to a tobacco company that, or a person carrying on a tobacco wholesaling business who, does anything referred to in paragraph (a) or (b) of that subsection in connection with the sale of a tobacco product or for the purposes of promoting the sale of a tobacco product.\n\nS. 7(5) inserted by No. 45/2005 s. 12(2), amended by Nos 55/2016 s. 9(10)(a)(b), 51/2024 s. 53(3).\n\n(5) A tobacco company is guilty of an offence against this subsection, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—\n\nS. 7(6) inserted by No. 45/2005 s. 12(2).\n\n(6) An offence against subsection (5) is an indictable offence.\n\n","sortOrder":41},{"sectionNumber":"8","sectionType":"section","heading":"Free samples","content":"\t8 Free samples\n\nS. 8(1) amended by Nos 45/2005 s. 13(1), 49/2009 s. 23, 55/2016 s. 9(10)(c), 51/2024 s. 54(a)(i).\n\n(1) A person must not, for the purpose of inducing or promoting—\n\nS. 8(1)(a) amended by Nos 55/2016 s. 9(10)(c), 51/2024 s. 54(a)(i).\n\n(a) the sale of a tobacco product; or\n\n(b) the use or consumption of a tobacco product; or\n\nS. 8(1)(ba) inserted by No. 55/2016 s. 9(10)(d), repealed by No. 51/2024 s. 54(a)(ii).\n\n(c) smoking generally—\n\noffer, give or distribute to a member of the public a free sample of a tobacco product or a product which advertises a tobacco product.\n\nS. 8(2) amended by Nos 55/2016 s. 9(10)(e), 51/2024 s. 54(b).\n\n(2) Nothing in subsection (1) applies to a gratuitous offer of a tobacco product to a person without any direct or indirect pecuniary benefit or inducement to purchase a tobacco product.\n\nS. 8(3) inserted by No. 45/2005 s. 13(2), amended by Nos 55/2016 s. 9(10)(f)(g), 51/2024 s. 54(c).\n\n(3) A tobacco company is guilty of an offence against this subsection, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—\n\nS. 8(4) inserted by No. 45/2005 s. 13(2).\n\n(4) An offence against subsection (3) is an indictable offence.\n\n","sortOrder":42},{"sectionNumber":"9","sectionType":"section","heading":"Prohibition of certain sponsorships","content":"\t9 Prohibition of certain sponsorships\n\nS. 9(1) amended by Nos 45/2005 s. 14(1), 49/2009 s. 24(1).\n\n(1) A person must not, under a contract, agreement, undertaking or understanding, whether or not legally binding, with another person—\n\n(a) promote—\n\nS. 9(1)(a)(i) amended by Nos 55/2016 s. 9(10)(h), 51/2024 s. 55(a).\n\n(i) a tobacco product; or\n\nS. 9(1)(a)(ii) amended by Nos 55/2016 s. 9(10)(h)(i), 51/2024 s. 55(a).\n\n(ii) a trade mark or brand name or part of a trade mark or brand name of a tobacco product; or\n\nS. 9(1)(b) amended by Nos 55/2016 s. 9(10)(h), 51/2024 s. 55(a).\n\n(b) promote the name or interests of a manufacturer or distributor of a tobacco product in association, whether directly or indirectly, with that tobacco product—\n\nin exchange for a sponsorship, gift, prize, scholarship or like benefit given or agreed to be given by another person.\n\nS. 9(2) amended by Nos 45/2005 s. 14(1), 49/2009 s. 24(2), 55/2016 s. 9(10)(j), 51/2024 s. 55(a).\n\n(2) A person must not, under a contract, agreement, undertaking or understanding, whether or not legally binding, with another person give or agree to give any sponsorship, gift, prize, scholarship or like benefit in exchange for the promotion of, or an agreement to promote, a tobacco product or a name, interest, trade mark or brand name referred to in subsection (1).\n\nS. 9(3) amended by Nos 55/2016 s. 9(10)(k), 51/2024 s. 55(a).\n\n(3) Nothing in subsection (1) or (2) applies to the giving of, or an agreement to give, a scholarship by a manufacturer or distributor of a tobacco product to an employee or a member of the family of an employee, of the manufacturer or distributor.\n\n(4) Nothing in this section applies to the annual festival known as the Myrtleford Tobacco, Hops and Timber Festival.\n\nS. 9(5) inserted by No. 45/2005 s. 14(2), amended by Nos 55/2016 s. 9(10)(l)(m), 51/2024 s. 55(b).\n\n(5) A tobacco company is guilty of an offence against this subsection, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—\n\n(a) contravenes subsection (1) or (2); or\n\n(b) causes another person to contravene subsection (1) or (2).\n\nS. 9(6) inserted by No. 45/2005 s. 14(2).\n\n(6) An offence against subsection (5) is an indictable offence.\n\nS. 10 amended by Nos 43/2000 s. 10, 55/2016 s. 9(10)(n), repealed by No. 34/2019 s. 67.\n\nS. 11 amended by No. 49/2009 s. 25,  \nrepealed by No. 66/2013 s. 7.\n\nS. 11A inserted by No. 43/2000 s. 11, amended by Nos 49/2009 s. 26, 65/2014 s. 10, substituted by No. 51/2024 s. 17.\n\n","sortOrder":43},{"sectionNumber":"11A","sectionType":"section","heading":"Illicit tobacco offences","content":"\t11A Illicit tobacco offences\n\n(1) A person who carries on a tobacco supply business must not have any illicit tobacco in the person's possession or under the person's control.\n\nPenalty: In the case of a natural person, 120 penalty units;\n\n(2) A person who carries on a tobacco supply business must not, intentionally or recklessly, have a commercial quantity of illicit tobacco in the person's possession or under the person's control.\n\nPenalty: In the case of a natural person, 840 penalty units or imprisonment for 5 years;\n\nIn the case of a body corporate, 4200 penalty units.\n\n(3) A person must not sell or otherwise supply any illicit tobacco.\n\nPenalty: In the case of a natural person, 120 penalty units;\n\n(4) A person must not, intentionally or recklessly, sell or otherwise supply a commercial quantity of illicit tobacco.\n\nPenalty: In the case of a natural person, 1800 penalty units or imprisonment for 15 years;\n\nIn the case of a body corporate, 9000 penalty units.\n\n(5) An offence against subsection (2) or (4) is an indictable offence.\n\n***commercial quantity***, in relation to illicit tobacco, means a quantity of illicit tobacco prescribed by the regulations.\n\nS. 12 (Heading) inserted by No. 55/2016 s. 9(10)(o), amended by No. 51/2024 s. 56(1).\n\n","sortOrder":44},{"sectionNumber":"12","sectionType":"section","heading":"Supplying tobacco products or vaping goods to person under 18 years","content":"\t12 Supplying tobacco products or vaping goods to person under 18 years\n\nS. 12(1) amended by Nos 83/1993 s. 4, 43/2000 s. 12(1)(a), 49/2009 s. 27(1), 55/2016 s. 9(10)(p), 51/2024 s. 56(2)(a).\n\n(1) A person must not sell a tobacco product or vaping goods to a person under the age of 18 years.\n\nS. 12(2) amended by Nos 83/1993 s. 4, 45/2005 s. 15(1), 49/2009 s. 27(2), 55/2016 s. 9(10)(p), 51/2024 ss 18(a), 56(2)(a).\n\n(2) A person must not purchase, or hold themselves out as being willing to purchase, a tobacco product or vaping goods for the use of a person under the age of 18 years.\n\n1. In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\nS. 12(3) amended by Nos 83/1993 s. 4, 43/2000 s. 12(1)(b), substituted by No. 49/2009 s. 27(3).\n\n(3) The occupier of premises on which a vending machine is situated must not permit a person under the age of 18 years to obtain a tobacco product from that vending machine.\n\nS. 12(3A) inserted by No. 43/2000 s. 12(2), substituted by No. 45/2005 s. 15(2).\n\n(3A) If a person (the ***primary offender***) commits an offence against subsection (1), each manager of the primary offender (if any) also commits an offence against that subsection.\n\nS. 12(3B) inserted by No. 43/2000 s. 12(2), substituted by No. 45/2005 s. 15(2).\n\n(3B) Proceedings for an offence committed by a manager because of subsection (3A) may be brought whether or not proceedings have been brought against the primary offender and whether or not the primary offender has been convicted.\n\nS. 12(3C) inserted by No. 43/2000 s. 12(2).\n\n(3C) If an offence is committed against subsection (1) on premises at which a business is carried on, it must be presumed, unless the contrary is established, that the offence was committed in the course of the carrying on of that business.\n\nS. 12(3D) inserted by No. 43/2000 s. 12(2), repealed by No. 45/2005 s. 15(3).\n\n(4) It is a defence to a prosecution under this section if a person proves that he or she—\n\nS. 12(4)(a) amended by No. 83/1993 s. 4, repealed by No. 45/2005 s. 15(4)(a).\n\nS. 12(4)(b) amended by Nos 83/1993 s. 4, 43/2000 s. 12(3), repealed by No. 45/2005 s. 15(4)(a).\n\nS. 12(4)(c) inserted by No. 43/2000 s. 12(3).\n\n(c) at the time of the alleged offence, had seen an evidence of age document of the person whose age is material to the offence, indicating that the person is of or over the age of 18 years; or\n\nS. 12(4)(d) inserted by No. 43/2000 s. 12(3), substituted by Nos 45/2005 s. 15(4)(b), 51/2024 s. 18(b).\n\n(d) in the case of a prosecution of a manager for an offence against subsection (1), had taken prevention measures in relation to the primary offender.\n\nS. 12(5) inserted by No. 45/2005 s. 15(5).\n\nS. 12(5) def. of *manager* amended by Nos 55/2016 s. 9(10)(q), 51/2024 s. 56(2)(b).\n\n***manager*** of a primary offender, means—\n\n(a) an employer of the primary offender; or\n\n(b) a person who authorised the primary offender to sell tobacco products or vaping goods as the person's agent; or\n\n(c) if the primary offence was committed in the course of carrying on a business—a person who owns, manages, controls, conducts or operates that business;\n\nS. 12(5) def. of *prevention measures* amended by Nos 55/2016 s. 9(10)(r), 51/2024 s. 56(2)(c).\n\n***prevention measures*** by a manager in relation to a primary offender, means doing the following things at intervals not exceeding 6 months—\n\n(a) instructing the primary offender—\n\n(i) not to sell tobacco products or vaping goods to a person under the age of 18 years in any circumstances, even if the tobacco products or vaping goods are for, or claimed to be for, a person over that age; and\n\n(ii) to sight an evidence of age document for a person before selling a tobacco product or vaping goods to the person; and\n\n(b) warning the primary offender that if the primary offender sells tobacco products or vaping goods to a person under the age of 18 years in disregard of the instructions mentioned in paragraph (a), the primary offender commits an offence against this Act; and\n\n(c) obtaining written acknowledgement by the primary offender that the primary offender received the instructions and warning mentioned in paragraphs (a) and (b);\n\n***primary offence*** means the offence committed by the primary offender;\n\n***primary offender*** has the meaning given in subsection (3A).\n\nS. 13 amended by Nos 16/1997 s. 120, 43/2000 s. 22(1)(a), 114/2003 s. 12.1.3 (Sch. 6 item 13.2), substituted by No. 45/2005 s. 16.\n\n","sortOrder":45},{"sectionNumber":"13","sectionType":"section","heading":"Vending machines","content":"\t13 Vending machines\n\nS. 13(1) amended by No. 49/2009 s. 28.\n\n(1) A person must not place or cause or permit to be placed in any premises a vending machine for operation by members of the public.\n\nS. 13(1A) inserted by No. 55/2016 s. 9(11), repealed by No. 51/2024 s. 57.\n\nS. 13(2) substituted by No. 51/2024 s. 33(1).\n\n(2) Subsection (1) does not apply to a vending machine that is placed in any of the following that are, or are part of, licensed tobacco premises—\n\n(a) the bar area of licensed liquor premises in line of sight of the bar;\n\n(b) an approved venue or a casino in line of sight of a service counter of the approved venue or casino;\n\n(c) a bottle shop immediately adjacent to the service counter of the bottle shop.\n\nS. 13(3)  \ndef. of *bar* amended by No. 51/2024 s. 33(2)(a).\n\n***bar*** means a place in licensed liquor premises that—\n\n(a) is stocked with liquor of various types; and\n\n(b) is used solely or mainly for the supply of liquor to customers; and\n\n(c) has a counter—\n\n(i) across which liquor is supplied directly to customers; and\n\n(ii) at which, or in the immediate vicinity of which, customers may immediately consume the liquor supplied;\n\n***bar area*** means the area—\n\n(a) in the immediate vicinity of a bar; and\n\n(b) not more than 5 metres from the outer edge of the counter of the bar;\n\nS. 13(3)  \ndef. of  \n*bottle shop* amended by No. 51/2024 s. 33(2)(b).\n\n***bottle shop*** means an area in licensed liquor premises where liquor is supplied to customers solely for consumption off the licensed liquor premises;\n\n***service counter***—\n\n(a) of an approved venue or a casino, means a counter at which gaming tokens (within the meaning of the **Gambling Regulation Act 2003**) may be issued or redeemed;\n\n(b) of a bottle shop, means a counter in the bottle shop across which liquor is supplied directly to customers.\n\nS. 13A (Heading) substituted by No. 55/2016 s. 9(12)(a), amended by No. 51/2024 s. 58(1).\n\nS. 13A inserted by No. 28/2001 s. 9.\n\n","sortOrder":46},{"sectionNumber":"13A","sectionType":"section","heading":"Mobile selling of tobacco products","content":"\t13A Mobile selling of tobacco products\n\nS. 13A(1) amended by Nos 45/2005 s. 17, 49/2009 s. 29(1), 55/2016 s. 9(12)(b), 51/2024 s. 58(2)(a).\n\n(1) A person must not, in the course of carrying on a business or in the course of his or her employment, sell any tobacco product that is carried about on his or her person.\n\n1. 120 penalty units.\n\nS. 13A(2) amended by Nos 45/2005 s. 17, 49/2009 s. 29(2), 55/2016 s. 9(12)(b), 51/2024 s. 58(2)(a).\n\n(2) A person must not authorise another (***the seller***) to sell any tobacco product that is carried about on the seller's person.\n\nS. 13A(2A) inserted by No. 49/2009 s. 29(3), amended by Nos 55/2016 s. 9(12)(c), 51/2024 s. 58(2)(b).\n\n(2A) A tobacco company is guilty of an offence against this subsection, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—\n\n(a) contravenes subsection (2); or\n\n(b) causes another person to contravene subsection (1) or (2).\n\nS. 13A(2B) inserted by No. 49/2009 s. 29(3).\n\n(2B) An offence against subsection (2A) is an indictable offence.\n\nS. 13A(3) amended by Nos 55/2016 s. 9(12)(d), 51/2024 s. 58(2)(c).\n\n(3) A reference in this section to a tobacco product carried about on a person includes a reference to a tobacco product that is intended to be sold from a tray, bag or other container whether or not it is being carried about on the person at the time of sale.\n\nS. 14 amended by Nos 28/2001 s. 10, 45/2005 s. 17, 49/2009 s. 30.\n\n","sortOrder":47},{"sectionNumber":"14","sectionType":"section","heading":"Packages of cigarettes","content":"\t14 Packages of cigarettes\n\nA person must not sell cigarettes unless the cigarettes are in a package containing at least 20 cigarettes.\n\n","sortOrder":48},{"sectionNumber":"15","sectionType":"section","heading":"Smokeless tobacco","content":"\t15 Smokeless tobacco\n\nS. 15(1) amended by No. 49/2009 s. 31.\n\n(1) A person must not manufacture or sell a tobacco product other than a product prepared for smoking.\n\n(2) Subsection (1) does not apply to the manufacture or sale of prescribed tobacco products.\n\nS. 15A inserted by No. 43/2000 s. 13(1) (as amended by No. 28/2001 s. 21(1)(a)  \n(b)(2)), repealed by No. 31/2002 s. 10(c).\n\nS. 15B inserted by No. 43/2000 s. 13(2), substituted by No. 28/2001 s. 11, repealed by No. 31/2002 s. 10(c).\n\nS. 15C inserted by No. 43/2000 s. 13(3) (as amended by No. 28/2001 s. 22).\n\n","sortOrder":49},{"sectionNumber":"15C","sectionType":"section","heading":"Retail outlets: signage","content":"\t15C Retail outlets: signage\n\nS. 15C(1) amended by No. 49/2009 s. 32(1).\n\n(1) The occupier of premises on which a tobacco retailing business is carried on must cause to be displayed on those premises in accordance with the regulations—\n\n(a) a health warning sign; or\n\n(b) a sign relating to programs assisting in the cessation of smoking.\n\n1. In the case of a natural person, 10 penalty units;\n\n(2) A sign referred to in subsection (1) must comply with any prescribed requirements as to size, information contained in it (including where people may obtain more information) and the manner in which the information is set out or displayed.\n\nS. 15C(3) inserted by No. 28/2001 s. 12, amended by No. 49/2009 s. 32(2).\n\n(3) The occupier of premises on which a tobacco retailing business is carried on must cause to be displayed on those premises in accordance with the regulations a prescribed sign relating to the prohibition of the sale of tobacco products to persons under the age of 18 years.\n\n1. In the case of a natural person, 10 penalty units;\n\nS. 15D inserted by No. 43/2000 s. 14,  \namended by Nos 49/2009 s. 33, 55/2016 s. 9(13)(a)–(e), 51/2024 s. 59, repealed by No. 51/2024 s. 34.\n\nPt 2 Div. 3 (Heading and ss 15E–15K) inserted by No. 45/2005 s. 18.\n\n","sortOrder":50},{"sectionNumber":"Div 3","sectionType":"division","heading":"Underage music/dance events","content":"Division 3—Underage music/dance events\n\nS. 15E inserted by No. 45/2005 s. 18.\n\n","sortOrder":51},{"sectionNumber":"15E","sectionType":"section","heading":"What is an underage music/dance event?","content":"\t15E What is an underage music/dance event?\n\nFor the purposes of this Division, an ***underage music/dance event*** is an event that—\n\n(a) involves the provision of music (whether live or recorded and whether for listening to or dancing to or both); and\n\n(b) is predominantly organised or intended for, or predominantly attended by, persons under the age of 18 years; and\n\n(c) is open to members of the public (whether with or without payment); and\n\n(d) takes place in any area or premises other than a private residence.\n\nS. 15F inserted by No. 45/2005 s. 18.\n\n","sortOrder":52},{"sectionNumber":"15F","sectionType":"section","heading":"No smoking at underage music/dance events","content":"\t15F No smoking at underage music/dance events\n\n(1) A person must not smoke in any area or premises while an underage music/dance event is taking place there.\n\n(2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.\n\n(3) A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.\n\nS. 15G inserted by No. 45/2005 s. 18.\n\n","sortOrder":53},{"sectionNumber":"15G","sectionType":"section","heading":"Offence by occupier","content":"\t15G Offence by occupier\n\nS. 15G(1) amended by No. 49/2009 s. 34.\n\n(1) If smoking occurs in an area or premises while an underage music/dance event is taking place there, in contravention of section 15F, the occupier of the area or premises is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.\n\nS. 15G(2) amended by No. 68/2009 s. 97(Sch. item 120.3).\n\n(2) It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—\n\nS. 15G(2)(a) amended by Nos 68/2009 s. 97(Sch. item 120.3), 51/2024 s. 19.\n\nS. 15G(2)(b) amended by No. 68/2009 s. 97(Sch. item 120.3).\n\nS. 15H inserted by No. 45/2005 s. 18.\n\n","sortOrder":54},{"sectionNumber":"15H","sectionType":"section","heading":"No smoking signs","content":"\t15H No smoking signs\n\nS. 15H(1) amended by No. 49/2009 s. 35.\n\n(1) The occupier of an area or premises where an underage music/dance event is taking place is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).\n\n(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the area or premises or from within the area or premises.\n\nS. 15I (Heading) substituted by No. 55/2016 s. 9(13)(f), amended by No. 51/2024 s. 60(1).\n\nS. 15I inserted by No. 45/2005 s. 18.\n\n","sortOrder":55},{"sectionNumber":"15I","sectionType":"section","heading":"Covering vending machines, tobacco advertisements etc.","content":"\t15I Covering vending machines, tobacco advertisements etc.\n\nS. 15I(1) amended by No. 49/2009 s. 36.\n\n(1) The occupier of an area or premises where an underage music/dance event is taking place must ensure that each of the following is removed or covered at all times while the event is taking place—\n\n(a) a vending machine in the area or premises;\n\nS. 15I(1)(b) amended by Nos 55/2016 s. 9(13)(g), 51/2024 s. 60(2)(a)(i).\n\n(b) a tobacco advertisement in the area or premises;\n\nS. 15I(1)(c) amended by Nos 55/2016 s. 9(13)(h), 51/2024 s. 60(2)(a)(ii).\n\n(c) a display of tobacco products in the area or premises.\n\nS. 15I(2) def. of *covered* amended by Nos 55/2016 s. 9(13)(i), 51/2024 s. 60(2)(b).\n\n***covered*** means—\n\n(a) in relation to a vending machine—covered by an opaque material or some other means in such a way that none of the top, front, back and sides of the machine or its contents are visible;\n\n(b) in relation to a tobacco advertisement or display of tobacco products—covered by an opaque material or some other means in such a way that the advertisement or products are not visible.\n\nS. 15J (Heading) substituted by No. 55/2016 s. 9(13)(j), amended by No. 51/2024 s. 61(1).\n\nS. 15J inserted by No. 45/2005 s. 18, amended by Nos 49/2009 s. 37, 55/2016 s. 9(13)(k), 51/2024 s. 61(2).\n\n","sortOrder":56},{"sectionNumber":"15J","sectionType":"section","heading":"Prohibition on supplying tobacco at underage music/dance events","content":"\t15J Prohibition on supplying tobacco at underage music/dance events\n\nA person must not sell a tobacco product to another person in any area‑or premises while an underage music/dance event is taking place there.\n\nS. 15K inserted by No. 45/2005 s. 18.\n\n","sortOrder":57},{"sectionNumber":"15K","sectionType":"section","heading":"No offence by minors","content":"\t15K No offence by minors\n\nDespite anything to the contrary in this Division or the **Sentencing Act 1991**, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of this Division.\n\nPt 2 Div. 4 (Heading) amended by Nos 55/2016 s. 9(13)(l), 51/2024 s. 62.\n\nPt 2 Div. 4 (Heading and ss 15L, 15M) inserted by No. 49/2009 s. 38.\n\nDivision 4—Sales of tobacco products from temporary outlets\n\nS. 15L (Heading) amended by Nos 55/2016 s. 9(13)(m), 51/2024 s. 63(1).\n\nS. 15L inserted by No. 49/2009 s. 38.\n\n","sortOrder":58},{"sectionNumber":"15L","sectionType":"section","heading":"Offence to sell tobacco products from temporary outlet","content":"\t15L Offence to sell tobacco products from temporary outlet\n\nS. 15L(1) amended by Nos 55/2016 s. 9(13)(n), 51/2024 s. 63(2).\n\n(1) A person must not sell tobacco products from a point of sale that is located in a temporary display stand, booth or tent or other temporary or mobile structure or enclosure, whether or not a part of that display stand, booth, tent, structure or enclosure is permanent.\n\nS. 15L(2) amended by Nos 55/2016 s. 9(13)(n), 51/2024 s. 63(2).\n\n(2) A person must not sell tobacco products from a point of sale that is in a retail outlet established in an area or premises for the duration of a specific sports, music or arts-related function or event in the area or premises.\n\nS. 15M (Heading) substituted by No. 55/2016 s. 9(13)(o), amended by No. 51/2024 s. 64(1).\n\nS. 15M inserted by No. 49/2009 s. 38.\n\n","sortOrder":59},{"sectionNumber":"15M","sectionType":"section","heading":"Offence for tobacco company to sell tobacco products from temporary outlet","content":"\t15M Offence for tobacco company to sell tobacco products from temporary outlet\n\n(1) A tobacco company is guilty of an offence against this subsection, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly contravenes section 15L(1) or 15L(2) or causes another person to contravene section 15L(1) or 15L(2).\n\nS. 15M(1A) inserted by No. 55/2016 s. 9(14), repealed by No. 51/2024 s. 64(2).\n\nS. 15M(2) amended by Nos 55/2016 s. 9(15)(a), 41/2025 s. 3(Sch. 1 item 31).\n\n(2) An offence against subsection (1) is an indictable offence.\n\nPt 2 Div. 5 (Heading and ss 15N–15S) inserted by No. 49/2009 s. 38.\n\nDivision 5—Prohibited products\n\nS. 15N inserted by No. 49/2009 s. 38.\n\n","sortOrder":60},{"sectionNumber":"15N","sectionType":"section","heading":"Ban orders","content":"\t15N Ban orders\n\n(1) The Minister, by order published in the Government Gazette, may ban a product or a class of products if—\n\n(a) the Secretary recommends the making of the order to the Minister under section 15O; or\n\n(b) the product or the class of products has been prohibited or restricted by or under a law of the Commonwealth or another State or Territory on the ground that the product or the class of products meets one or more criteria that substantially correspond to the criteria set out in section 15O(2)(a).\n\n(2) A ban order must—\n\n(a) if the ban order is made on the recommendation of the Secretary, specify that fact and set out the grounds for the recommendation; or\n\n(b) if a ban order is made on the basis of a prohibition or restriction by the Commonwealth or another State or Territory, specify that fact and the law or subordinate instrument containing the prohibition or restriction.\n\n(3) A ban order may apply, adopt or incorporate, wholly or partially or as amended by the order, any matter contained in any document as existing—\n\n(a) from time to time; or\n\n(b) at a particular time.\n\nS. 15O inserted by No. 49/2009 s. 38.\n\n","sortOrder":61},{"sectionNumber":"15O","sectionType":"section","heading":"Secretary may recommend ban order","content":"\t15O Secretary may recommend ban order\n\n(1) The Secretary may recommend to the Minister that a ban order be made in respect of a specified product or a specified class of products.\n\n(2) The Secretary must not make a recommendation under subsection (1) unless the Secretary has fully investigated the matter and is satisfied that—\n\n(a) the product—\n\n(i) is a tobacco product and the product or its smoke possesses a distinctive fruity, sweet or confectionery-like character; or\n\nS. 15O(2)(a)(ii) amended by Nos 55/2016 s. 9(15)(b), 51/2024 s. 65(a).\n\n(ii) is a tobacco product or vaping goods and has packaging that appeals to children or young people; or\n\n(iii) is not a tobacco product but resembles a tobacco product; or\n\nS. 15O(2)  \n(a)(iiia) inserted by No. 55/2016 s. 9(15)(c), amended by No. 51/2024 s. 65(b).\n\n(iiia) is not vaping goods but resembles vaping goods; or\n\n(iv) is of a nature or is advertised in a way that may encourage children or young people to smoke; and\n\n(b) the supply of the product should be prohibited, having regard to the objects of this Act.\n\n(3) A recommendation by the Secretary must set out the grounds for the recommendation.\n\nS. 15P inserted by No. 49/2009 s. 38.\n\n","sortOrder":62},{"sectionNumber":"15P","sectionType":"section","heading":"Operation of ban order","content":"\t15P Operation of ban order\n\nA ban order takes effect on the date specified in the ban order or 7 days after the ban order is published in the Government Gazette, whichever is the later.\n\nS. 15Q inserted by No. 49/2009 s. 38.\n\n","sortOrder":63},{"sectionNumber":"15Q","sectionType":"section","heading":"Amendment or revocation of ban order","content":"\t15Q Amendment or revocation of ban order\n\nThe Minister, by order published in the Government Gazette, may amend or revoke a ban order.\n\nS. 15R inserted by No. 49/2009 s. 38.\n\n","sortOrder":64},{"sectionNumber":"15R","sectionType":"section","heading":"Notice of order","content":"\t15R Notice of order\n\n(1) The Secretary must cause a copy of a ban order, or a copy of an order amending or revoking a ban order—\n\n(a) to be given to each person who, to the knowledge of the Minister, supplies the product or class of products in respect of which the ban order was made; and\n\n(b) to be published in a newspaper circulating generally throughout the State.\n\n(2) A copy of a ban order or a copy of an order amending or revoking a ban order must be given and published under subsection (1) within 2 days after the publication of the order in the Government Gazette, or if that is not practicable, as soon as possible after the end of that period.\n\n(3) A failure to comply with subsection (1) or (2) in relation to a ban order or an order amending or revoking a ban order does not invalidate the order.\n\nS. 15S inserted by No. 49/2009 s. 38.\n\n","sortOrder":65},{"sectionNumber":"15S","sectionType":"section","heading":"Offence to breach a ban order","content":"\t15S Offence to breach a ban order\n\n(1) A person must not sell by retail or wholesale a product in respect of which a ban order under section 15N is in force.\n\nS. 15S(2) amended by Nos 55/2016 s. 9(15)(d)(e), 51/2024 s. 66.\n\n(2) A tobacco company is guilty of an offence against this subsection and liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—\n\n(3) An offence against subsection (2) is an indictable offence.\n\nPt 2A (Heading and ss 15T–15ZB) inserted by No. 49/2009 s. 39, amended by Nos 66/2013 s. 9, 55/2016 s. 9(15)(f)–(h)(16)–(21), 13/2022 s. 60(3)(4), repealed by No. 51/2024 s. 67.\n\n","sortOrder":66},{"sectionNumber":"Part 3","sectionType":"part","heading":"Victorian Health Promotion Foundation","content":"Part 3—Victorian Health Promotion Foundation\n\n","sortOrder":67},{"sectionNumber":"16","sectionType":"section","heading":"Victorian Health Promotion Foundation","content":"\t16 Victorian Health Promotion Foundation\n\n(1) There is established by this Act a body to be called the Victorian Health Promotion Foundation.\n\n(2) The Foundation—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) shall have an official seal; and\n\n(c) may sue and be sued in its corporate name; and\n\n(d) is capable of taking, purchasing, leasing, holding, selling and disposing of real and personal property for the purpose of performing its functions and exercising its powers under this Act; and\n\n(e) is capable of doing and suffering all such acts and things as bodies corporate may by law do or suffer and which are necessary or expedient for the purpose of performing its functions and exercising its powers under this Act.\n\n(3) The Foundation represents, and shall be taken to be part of, the Crown.\n\n(4) The official seal of the Foundation shall be kept in such custody as the Foundation directs and must not be used except as authorised by the Foundation.\n\n(5) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Foundation affixed to a document and shall presume that it was duly affixed.\n\n","sortOrder":68},{"sectionNumber":"17","sectionType":"section","heading":"Objectives of Foundation","content":"\t17 Objectives of Foundation\n\nThe objects of the Foundation are—\n\n(a) to fund activity related to the promotion of good health, safety or the prevention and early detection of disease; and\n\n(b) to increase awareness of programs for promoting good health in the community through the sponsorship of sports, the arts and popular culture; and\n\n(c) to encourage healthy lifestyles in the community and support activities involving participation in healthy pursuits; and\n\n(d) to fund research and development activities in support of these objects.\n\n","sortOrder":69},{"sectionNumber":"18","sectionType":"section","heading":"Functions of Foundation","content":"\t18 Functions of Foundation\n\nThe following are the functions of the Foundation—\n\n(a) to promote its objects;\n\n(b) to make grants from the Fund for activities, facilities, projects or research programs in furtherance of the objects of the Foundation;\n\n(c) to provide sponsorships for sporting or cultural activities;\n\n(d) to keep statistics and other records relating to the achievement of the objects of the Foundation;\n\n(e) to provide advice to the Minister on matters related to its objects referred by the Minister to the Foundation and generally in relation to the achievement of its objects;\n\n(f) to make loans or otherwise provide financial accommodation for activities, facilities, projects or research programs in furtherance of the objects of the Foundation;\n\nS. 18(g) amended by No. 43/2000 s. 22(1)(b).\n\n(g) to consult regularly with relevant Government Departments and agencies and to liaise with persons and organisations affected by the operation of this Act;\n\n(h) to perform such other functions as are conferred on the Foundation by this or any other Act.\n\n","sortOrder":70},{"sectionNumber":"19","sectionType":"section","heading":"Powers of Foundation","content":"\t19 Powers of Foundation\n\n(1) The Foundation has power to do all things necessary to be done in the performance of its functions or achievement of its objects.\n\n(2) In addition to its other powers, the Foundation has power, following consultation with the Minister, to make grants from the Fund for the relief of loss suffered as a result of the application of this Act to anything existing at or before the date of enactment of this Act where special circumstances warrant assistance of that kind.\n\n","sortOrder":71},{"sectionNumber":"20","sectionType":"section","heading":"Foundation to be responsible to Minister","content":"\t20 Foundation to be responsible to Minister\n\n(1) The Foundation shall perform its functions and exercise its powers subject to any guidelines or directions on any matter or class of matters declared by the Governor in Council on the recommendation of the Minister after consultation with the Minister administering the **Sport and Recreation Act 1972** by notice published in the Government Gazette to be guidelines or directions for the purposes of this section.\n\nS. 20(2) substituted by No. 43/2000 s. 22(2).\n\n(2) Section 15 of the **Subordinate Legislation Act 1994** applies to a guideline of which notice is published under subsection (1) as if the guideline were a statutory rule within the meaning of that Act notice of which had been published in the Government Gazette on the day on which the notice under subsection (1) was published.\n\nS. 20(3) substituted by No. 43/2000 s. 22(2).\n\n(3) A guideline notice of which is published under subsection (1) is subject to disallowance by a House of the Parliament and sections 23, 24 and 25 of the **Subordinate Legislation Act 1994** apply as if the guideline were a statutory rule notice of which had been published in the Government Gazette on the day on which the notice under subsection (1) was published.\n\n","sortOrder":72},{"sectionNumber":"21","sectionType":"section","heading":"Membership of Foundation","content":"\t21 Membership of Foundation\n\n(1) The Foundation shall consist of—\n\n(a) three persons with expertise in health and illness prevention, one of whom shall be chosen by the Minister from a panel of three names submitted by the Anti-Cancer Council; and\n\n(b) four persons with expertise in sport or sports administration, one of whom shall be chosen by the Minister from a panel of three names submitted by the Sports Federation of Victoria or, if that body ceases to exist, another body representing amateur sport in Victoria and nominated by the Minister and one of whom shall be nominated by the Minister as representing country sport; and\n\n(c) two persons with expertise in business, management, communications or law; and\n\n(d) one person with expertise in the arts or arts administration; and\n\n(e) one person with expertise in advertising; and\n\n(f) three persons who are members of the Legislative Council or the Legislative Assembly elected by the Legislative Council and Legislative Assembly jointly.\n\n(2) The Minister may appoint a Chairperson and a Deputy Chairperson from amongst the members referred to in subsection (1) (other than paragraph (f)).\n\n(3) The members (other than the members referred to in subsection (1)(f))—\n\n(a) shall be appointed by the regulations; and\n\nS. 21(3)(b) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 204.1), 80/2006 s. 26(Sch. item 101).\n\n(b) are, in respect of the office of member, subject to the **Public Administration Act 2004** (other than Part 3 of that Act).\n\n(4) If the regulation appointing a member is disallowed, the appointment ceases to have effect.\n\n","sortOrder":73},{"sectionNumber":"22","sectionType":"section","heading":"Term of appointment","content":"\t22 Term of appointment\n\n(1) Subject to this Part, a member appointed under section 21 holds office for such period not exceeding 5 years as is specified in the instrument of appointment but is eligible for re-appointment.\n\nS. 22(2)(3) repealed by No. 42/1995 s. 224(Sch. 2 item 41).\n\n(4) A member elected under section 21(1)(f) holds office, subject to this Part for three years but is eligible for re-election.\n\n(5) Subject to this Part, a member holds office on such terms and conditions as are determined by the Governor in Council.\n\n","sortOrder":74},{"sectionNumber":"23","sectionType":"section","heading":"Remuneration and allowances","content":"\t23 Remuneration and allowances\n\nA member (other than a member referred to in section 21(1)(f)) shall be paid such remuneration and allowances (if any) as are determined by the Governor in Council.\n\n","sortOrder":75},{"sectionNumber":"24","sectionType":"section","heading":"Removal from office","content":"\t24 Removal from office\n\nThe Governor in Council may remove a member from office.\n\n","sortOrder":76},{"sectionNumber":"25","sectionType":"section","heading":"Resignation","content":"\t25 Resignation\n\nA member may resign office by writing signed by him or her and delivered to the Governor in Council.\n\n","sortOrder":77},{"sectionNumber":"26","sectionType":"section","heading":"Disclosure of interests etc.","content":"\t26 Disclosure of interests etc.\n\n(1) A member of the Foundation who is in any way, whether directly or indirectly interested in a contract or proposed contract with the Foundation must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the fact and the nature and extent of the interest at a meeting of the Foundation.\n\n(2) Subsection (1) does not apply if the interest of the member consists only of being a member or creditor of a body that is interested in a contract or proposed contract with the Foundation if the interest may properly be regarded as not being a material interest.\n\n(3) For the purposes of subsection (1), a general notice given to the members of the Foundation by a member to the effect that he or she is a member, officer or employee of a body and is to be regarded as interested in any contract that may, after the date of the notice, be made with that body is sufficient declaration of interest in relation to any contract so made or proposed to be made if—\n\n(a) the notice states the nature and extent of the interest of the member in the body; and\n\n(b) when the question of the confirming or entering into a contract is first taken into consideration, the extent of the member's interest is not greater than that stated in the notice; and\n\n(c) the notice is read at a meeting of the Foundation or the member takes reasonable steps to ensure that it is brought up and read at the next meeting of the Foundation after it is given.\n\n(4) A member of the Foundation who possesses any property or holds any office whereby, whether directly or indirectly, interests or duties might be created in conflict with the member's interests or duties as a member must, in accordance with subsection (5), declare at a meeting of the members of the Foundation the fact and nature and extent of the conflict.\n\n(5) A declaration required by subsection (4) in relation to the possession of any property or the holding of any office must be made by a person—\n\n(a) if the person possesses the property or holds the office as mentioned in subsection (4) when he or she becomes a member—at the first meeting of the Foundation held after—\n\n(i) he or she becomes a member; or\n\n(ii) the relevant facts as to the possession of the property or the holding of the office come to his or her knowledge—\n\nwhichever is the later; or\n\n(b) if the person comes into possession of the property or commences to hold the office as mentioned in subsection (4) after he or she becomes a member—at the first meeting of the Foundation held after the relevant facts as to the possession of the property or the holding of the office come to his or her knowledge.\n\n(6) The Chairperson must cause to be recorded every declaration under this section in the minutes of the meeting at which it was made.\n\n(7) This section is in addition to, and not in derogation of, the operation of any Act or rule of law restricting a member from having an interest in contracts with the Foundation or from possessing property or holding offices involving interests or duties in conflict with the member's interests or duties as a member.\n\nS. 27 amended by No. 43/2000 s. 22(3).\n\n","sortOrder":78},{"sectionNumber":"27","sectionType":"section","heading":"Validity of acts and decisions","content":"\t27 Validity of acts and decisions\n\nAn act or decision of the Foundation is not invalid by reason only—\n\n(a) of a vacancy in the office of a member; or\n\n(b) of any defect or irregularity in or in connection with the appointment of a member; or\n\n(c) in the case of a person appointed to act as Chairperson or as a member, that the occasion for so acting had not arisen or had ceased.\n\n","sortOrder":79},{"sectionNumber":"28","sectionType":"section","heading":"Meetings of Foundation","content":"\t28 Meetings of Foundation\n\n(1) The Chairperson shall preside at a meeting of the Foundation at which he or she is present and, if the Chairperson is not present, the members present shall elect a member to preside.\n\n(2) A majority of members in office at any time constitutes a quorum at a meeting of the Foundation.\n\n(3) A question arising at a meeting of the Foundation shall be determined by a majority of votes of the members present and voting on the question.\n\n(4) If there is an equality of votes on a question at a meeting, the Chairperson or other person presiding at the meeting has a casting vote.\n\n(5) Subject to this Part, the Foundation may regulate its own procedure.\n\n","sortOrder":80},{"sectionNumber":"29","sectionType":"section","heading":"Patrons","content":"\t29 Patrons\n\nThe Governor in Council may appoint persons as honorary patrons of the Foundation.\n\n","sortOrder":81},{"sectionNumber":"30","sectionType":"section","heading":"Advisory committees","content":"\t30 Advisory committees\n\n(1) The Foundation may, following consultation with the Minister and the Minister administering the **Sport and Recreation Act 1972**, appoint advisory committees for the purposes of providing advice and information to assist the Foundation in the performance of its functions.\n\n(2) A member of an advisory committee shall be paid such allowances and expenses as are determined by the Governor in Council.\n\n","sortOrder":82},{"sectionNumber":"31","sectionType":"section","heading":"Chief executive officer and staff","content":"\t31 Chief executive officer and staff\n\n(1) There shall be a chief executive officer of the Foundation, who shall be appointed by the Governor in Council on the recommendation of the Minister for such period and subject to such terms and conditions as are determined by the Governor in Council.\n\n(2) Before making a recommendation for the purposes of subsection (1), the Minister must seek the advice of the Foundation.\n\n(3) The Governor in Council may remove the chief executive officer from office.\n\n(4) The chief executive officer may resign office in writing signed by him or her and delivered to the Governor in Council.\n\nS. 31(5) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 204.2).\n\n(5) The chief executive officer is not, in respect of the office of chief executive officer, subject to the **Public Administration Act 2004**.\n\n(6) The Foundation shall appoint such other staff as are necessary for the purposes of this Part.\n\n(7) If the chief executive officer or a member of the staff of the Foundation was, immediately before his or her appointment, an officer within the meaning of the **Superannuation Act 1958**, the chief executive officer or member continues, subject to that Act, to be an officer within the meaning of that Act while he or she continues to be the chief executive officer or such a member.\n\nS. 31(8) substituted by No. 46/1998 s. 7(Sch. 1).\n\n(8) If a person was, immediately before appointment as the chief executive officer or a member of the staff of the Foundation, an employee in the public service, the person upon ceasing to be the chief executive officer or member, is eligible to be employed in the public service with a classification and emolument corresponding with or higher than that which the person held or received in the public service immediately before appointment as the chief executive officer or such a member as if the period of service as the chief executive officer or such a member had been service in the public service.\n\n","sortOrder":83},{"sectionNumber":"32","sectionType":"section","heading":"Victorian Health Promotion Fund","content":"\t32 Victorian Health Promotion Fund\n\n(1) There shall be established in the Public Account as part of the Trust Fund an account to be known as the Victorian Health Promotion Fund.\n\n(2) The Fund shall be administered by the Foundation.\n\nS. 32(3) substituted by No. 94/1997 s. 21(1).\n\n(3) All money received by the Foundation must be paid into the Fund.\n\nS. 32(3A) inserted by No. 94/1997 s. 21(1).\n\n(3A) There shall be paid out of the Consolidated Fund (which is to the necessary extent appropriated accordingly) into the Victorian Health Promotion Fund, in respect of the financial year commencing on 1 July 1997, an amount of $21 395 000 in such instalments and at such times as are determined by the Treasurer.\n\n(4) There shall be paid out of the Fund in accordance with the budget of the Foundation—\n\nS. 32(4)(a) amended by No. 94/1997 s. 21(2).\n\n(a) amounts determined by the Foundation for payment to sporting bodies; and\n\nS. 32(4)(b) amended by No. 94/1997 s. 21(2).\n\n(b) amounts determined by the Foundation for payment to bodies for the purpose of health promotion; and\n\n(c) other amounts by way of grant or loan or financial accommodation for payment in accordance with this Act to persons or bodies determined by the Foundation; and\n\n(d) the cost and expenses incurred by the Foundation under this Act; and\n\n(e) amounts determined by the Minister for payment to a body or bodies specified by the Minister for the purpose of medical research related to the prevention and treatment of illness; and\n\n(f) any other money authorised under this or any other Act to be paid out of the Fund.\n\nS. 32(5) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 11/2001 s. 3(Sch. item 76).\n\n(5) The Foundation may, with the approval of the Minister administering Part 7 of the **Financial Management Act 1994**, maintain an account or accounts with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.\n\n(6) An amount paid to a body out of the Fund under subsection (4) (except paragraph (d)) must be presented or otherwise delivered to the body by the Chairperson or the chief executive officer or by a member of the Foundation (other than a member appointed under section 21(1)(f)) nominated by the Chairperson for that purpose and must be made only in the name of the Foundation.\n\n","sortOrder":84},{"sectionNumber":"33","sectionType":"section","heading":"Budget","content":"\t33 Budget\n\n(1) The Foundation must, before 1 June in each year, submit to the Minister for the Minister's approval a budget for the next financial year of money to be paid into the Fund and money to be paid out of the Fund.\n\n(2) The budget must be in a form required by the Minister.\n\nS. 33(2A) inserted by No. 94/1997 s. 21(3).\n\n(2A) The amounts included in the budget for a financial year to be paid out of the Fund to sporting bodies and to bodies for the purpose of health promotion must each be not less than 30% of the total money budgeted to be paid into the Fund out of the Consolidated Fund in that year.\n\n(3) The Minister may, after consultation with the Treasurer and the Minister administering the **Sport and Recreation Act 1972**, approve a budget as submitted to the Minister, or approve it with such alterations as the Minister determines.\n\n(4) The Minister may, if requested to do so by the Foundation, at any time, approve alterations to the budget.\n\nSs 34–36 repealed by No. 31/1994 s. 4(Sch. 2 item 90).\n\nPt 3AA (Headings and ss 34–34ZZC) inserted by No. 51/2024 s. 8.\n\nPart 3AA—Licensing of tobacco retailers and wholesalers\n\nPt 3AA  \nDiv. 1AA (Heading and ss 33A–33F) inserted by No. 51/2024 s. 35.\n\nDivision 1AA—Offences in relation to licensing\n\nS. 33A inserted by No. 51/2024 s. 35.\n\n","sortOrder":85},{"sectionNumber":"33A","sectionType":"section","heading":"Selling tobacco without a licence","content":"\t33A Selling tobacco without a licence\n\n(1) A person must not sell a tobacco product in Victoria unless the person holds a licence authorising the sale.\n\nPenalty: In the case of a natural person, 840 penalty units or imprisonment for 5 years;\n\nIn the case of a body corporate, 4200 penalty units.\n\n(2) An offence against subsection (1) is an indictable offence.\n\n(3) Subsection (1) does not apply to a person who sells a tobacco product as an employee or agent of a person who holds a licence if the sale is in accordance with the licence and this Act.\n\n(4) In a proceeding against the occupier of any premises for an offence against subsection (1), the fact that there are on the premises more tobacco products than are reasonably required for the use of the occupier is evidence of the sale of those products by the occupier.\n\n(5) Subsection (4) does not apply to residential premises unless those premises are also licensed tobacco premises.\n\nS. 33B inserted by No. 51/2024 s. 35.\n\n","sortOrder":86},{"sectionNumber":"33B","sectionType":"section","heading":"Selling tobacco except in accordance with licence","content":"\t33B Selling tobacco except in accordance with licence\n\nA licensee must not sell a tobacco product except in accordance with their licence.\n\nS. 33C inserted by No. 51/2024 s. 35.\n\n","sortOrder":87},{"sectionNumber":"33C","sectionType":"section","heading":"Failing to display licence","content":"\t33C Failing to display licence\n\nA licensee must cause a copy of their licence to be displayed in a conspicuous place on the licensed tobacco premises in a manner that invites public inspection.\n\nPenalty: In the case of a natural person, 5 penalty units;\n\nIn the case of a body corporate, 25 penalty units.\n\nS. 33D inserted by No. 51/2024 s. 35.\n\n","sortOrder":88},{"sectionNumber":"33D","sectionType":"section","heading":"False or misleading statements in connection with licensing","content":"\t33D False or misleading statements in connection with licensing\n\n(1) A person must not, in or in relation to an application for the grant, variation, transfer, relocation or renewal of a licence, make a statement that is false or misleading because of—\n\n(a) the inclusion in the statement of false or misleading matter; or\n\n(b) the omission from the statement of material matter.\n\n(2) It is an exception to an offence against subsection (1) if the accused—\n\n(a) believed on reasonable grounds that the false matter was true; or\n\n(b) believed on reasonable grounds that the misleading matter was not misleading; or\n\n(c) in the case of an omission—\n\n(i) believed on reasonable grounds that no material had been omitted, being material the omission of which would make the statement false or misleading; or\n\n(ii) did not know that the omitted matter was material.\n\nS. 33E inserted by No. 51/2024 s. 35.\n\n","sortOrder":89},{"sectionNumber":"33E","sectionType":"section","heading":"Holding out that unlicensed tobacco premises are licensed","content":"\t33E Holding out that unlicensed tobacco premises are licensed\n\nA person must not indicate, by means of a sign, notice or otherwise, that premises are licensed tobacco premises if the premises are not licensed tobacco premises.\n\nPenalty: In the case of a natural person, 15 penalty units;\n\nIn the case of a body corporate, 75 penalty units.\n\nS. 33F inserted by No. 51/2024 s. 35.\n\n","sortOrder":90},{"sectionNumber":"33F","sectionType":"section","heading":"Holding out that unlicensed person is licensed","content":"\t33F Holding out that unlicensed person is licensed\n\nA person must not indicate, by means of a sign, notice or otherwise, that the person is authorised under a licence to sell tobacco products if the person is not authorised under a licence to sell those products.\n\nPenalty: In the case of a natural person, 15 penalty units;\n\nIn the case of a body corporate, 75 penalty units.\n\nDivision 1—Application for licence\n\nNew s. 34 inserted by No. 51/2024 s. 8.\n\n","sortOrder":91},{"sectionNumber":"34","sectionType":"section","heading":"Who can apply for a licence?","content":"\t34 Who can apply for a licence?\n\n(1) The following persons may apply to the Regulator for a licence—\n\n(a) a natural person of or over the age of 18 years—\n\n(i) on the person's own behalf; or\n\n(ii) on behalf of a partnership in which the person is a partner;\n\n(b) a body corporate.\n\n(2) Despite subsection (1)—\n\n(a) a natural person cannot apply for a licence if the natural person or, if the natural person is applying on behalf of a partnership, any partner in the partnership, is a disqualified person; and\n\n(b) a body corporate cannot apply for a licence if the body corporate or any director of the body corporate is a disqualified person.\n\nS. 34A inserted by No. 51/2024 s. 8.\n\n","sortOrder":92},{"sectionNumber":"34A","sectionType":"section","heading":"Form and content of licence application","content":"\t34A Form and content of licence application\n\n(1) A licence application must—\n\n(b) list the names, addresses and dates of birth (if applicable) of—\n\n(i) the applicant; and\n\n(ii) the associates of the applicant; and\n\n(c) specify, as the proposed licensed tobacco premises, premises that are a permanent structure located in Victoria; and  \n\n(d) include or be accompanied by any prescribed information; and\n\n(e) be accompanied by the prescribed fee.\n\n(2) The Regulator may request the applicant to provide any other document or information that the Regulator considers appropriate in relation to—\n\n(a) assessing the suitability of the applicant to hold a licence; or\n\n(b) verifying any information included with or accompanying the licence application, including by way of statutory declaration.\n\n(3) Without limiting the document or information the Regulator may request under subsection (2), the Regulator may request the applicant to provide a criminal history check in respect of the applicant or any associate of the applicant.\n\n(4) If the applicant does not comply with a request under subsection (2)—\n\n(a) the application is taken to be withdrawn on the day after the last day for compliance with the request; and\n\n(5) A licence application may specify only one proposed licensed tobacco premises, but a person may lodge 2 or more licence applications concurrently.\n\n(6) If a person lodges 2 or more licence applications concurrently, the Regulator may waive any one or more of the requirements of this Act or the regulations in relation to any of those applications so as to avoid duplication.\n\nDivision 2—Variation of licence\n\nS. 34B inserted by No. 51/2024 s. 8.\n\n","sortOrder":93},{"sectionNumber":"34B","sectionType":"section","heading":"Application for variation of licence","content":"\t34B Application for variation of licence\n\n(1) The following persons may apply to the Regulator for the variation of a licence—\n\n(a) the licensee;\n\n(b) the Chief Commissioner of Police;\n\n(c) the licensee and a proposed transferee of the licence jointly.\n\n(2) An application under subsection (1) may seek one or more of the following—\n\n(a) a variation of the category of licence;\n\n(b) a variation of a condition of the licence (other than a condition imposed by this Act or a prescribed condition);\n\n(c) the imposition of a new condition on a licence;\n\n(d) the removal of a condition of the licence (other than a condition imposed by this Act or a prescribed condition).\n\n(3) An application under subsection (1) must—\n\n(c) except in the case of an application by the Chief Commissioner of Police, be accompanied by the prescribed fee.\n\n(4) The Regulator may request the applicant to provide any other document or information that the Regulator reasonably requires to assess the application.\n\n(5) If the applicant does not comply with a request under subsection (4)—\n\nS. 34C inserted by No. 51/2024 s. 8.\n\n","sortOrder":94},{"sectionNumber":"34C","sectionType":"section","heading":"Variation of licence by Regulator","content":"\t34C Variation of licence by Regulator\n\n(1) The Regulator, at the Regulator's own initiative, may vary a licence in accordance with this section.\n\n(2) If the Regulator proposes to vary a licence under this section, the Regulator must give the licensee written notice of the proposed variation.\n\n(3) The licensee may object to the proposed variation by giving a written notice of objection to the Regulator within 21 days after receiving a notice under subsection (2).\n\n(4) If, after considering any objection made by the licensee under subsection (3), the Regulator is satisfied that the licence should be varied, the Regulator may vary the licence—\n\n(a) as originally proposed; or\n\n(b) as otherwise considered appropriate.\n\n(5) If the Regulator decides not to vary the licence under this section, the Regulator must give written notice to the licensee as soon as practicable.\n\nS. 34D inserted by No. 51/2024 s. 8.\n\n","sortOrder":95},{"sectionNumber":"34D","sectionType":"section","heading":"Variation of licence by Regulator following show cause process","content":"\t34D Variation of licence by Regulator following show cause process\n\n(1) The Regulator may vary a licence as the Regulator considers appropriate if—\n\n(a) the Regulator has given the licensee a show cause notice; and\n\n(b) after considering any representations made by the licensee under section 34P(4), the Regulator decides that suspension or cancellation of the licence is not warranted, but that the licence should be varied instead.\n\n(2) Section 34C does not apply to the Regulator in varying a licence under this section.\n\nS. 34E inserted by No. 51/2024 s. 8.\n\n","sortOrder":96},{"sectionNumber":"34E","sectionType":"section","heading":"Procedure on application for variation by Chief Commissioner of Police","content":"\t34E Procedure on application for variation by Chief Commissioner of Police\n\n(1) If the Chief Commissioner of Police applies to the Regulator under section 34B(1)(b) for the variation of a licence—\n\n(a) the Regulator must give a copy of the application to the licensee within 14 days after receiving the application; and\n\n(b) the licensee may object to the application within 21 days after receiving the copy of the application by giving written notice to the Regulator of the objection and the reasons for objecting.\n\n(2) The Regulator must give a copy of an objection received under subsection (1)(b) to the Chief Commissioner of Police within 7 days after receiving the objection.\n\n(3) If, after considering any objection made by the licensee under subsection (1)(b), the Regulator is satisfied the licence should be varied as proposed, the Regulator may grant the application and vary the licence.\n\n(4) If, after considering any objection made by the licensee under subsection (1)(b), the Regulator is not satisfied that the licence should be varied as proposed, the Regulator may—\n\n(a) refuse to grant the application; or\n\n(b) vary the licence as otherwise considered appropriate.\n\n(5) If the Regulator refuses to grant the application, the Regulator must give written notice of the refusal to—\n\n(b) the licensee.\n\nS. 34F inserted by No. 51/2024 s. 8.\n\n","sortOrder":97},{"sectionNumber":"34F","sectionType":"section","heading":"Variation to correct mistakes","content":"\t34F Variation to correct mistakes\n\nThe Regulator, at the Regulator's own initiative, may vary a licence to correct—\n\n(a) a clerical mistake; or\n\n(b) an error arising from an accidental slip or omission; or\n\n(c) a material miscalculation of figures or a material mistake made in the description of any person, thing, or matter referred to in the licence; or\n\n(d) a defect of form.\n\nS. 34G inserted by No. 51/2024 s. 8.\n\n","sortOrder":98},{"sectionNumber":"34G","sectionType":"section","heading":"Notice of variation of licence","content":"\t34G Notice of variation of licence\n\n(1) As soon as practicable after varying a licence under section 34C, 34D, 34E or 34F, the Regulator must give written notice of the variation to—\n\n(2) A notice under subsection (1) must specify the date on which the variation takes effect.\n\nDivision 3—Relocation and transfer of licence\n\nS. 34H inserted by No. 51/2024 s. 8.\n\n","sortOrder":99},{"sectionNumber":"34H","sectionType":"section","heading":"Application for relocation of licence","content":"\t34H Application for relocation of licence\n\n(1) A licensee may apply to the Regulator to relocate the licensed tobacco premises to another premises.\n\n(2) A relocation application must—\n\n(b) specify, as the new proposed licensed tobacco premises, premises that are a permanent structure located in Victoria; and\n\n(c) include or be accompanied by any prescribed information; and\n\n(d) be accompanied by the prescribed fee.\n\n(3) The Regulator may request the applicant to provide any other document or information that the Regulator considers appropriate in relation to assessing the relocation application, which may include an assessment of the suitability of the applicant to continue to hold a licence.\n\n(4) Without limiting the document or information the Regulator may request under subsection (3), the Regulator may request the applicant to—\n\n(a) provide a criminal history check of the applicant or any associate of the applicant (or, if a criminal history check has already been provided, an updated criminal history check); and\n\n(b) verify any information included with or accompanying the application, or otherwise provided to the Regulator as required under this Act, including by way of statutory declaration.\n\n(5) If the applicant does not comply with a request under subsection (3)—\n\nS. 34I inserted by No. 51/2024 s. 8.\n\n","sortOrder":100},{"sectionNumber":"34I","sectionType":"section","heading":"Application for transfer of licence","content":"\t34I Application for transfer of licence\n\n(1) A licensee and a person eligible to apply for a licence under section 34 (***proposed transferee***)  may jointly apply to the Regulator to transfer the licensee's licence to the proposed transferee.\n\n(2) A transfer application must—\n\n(b) list the names, addresses and dates of birth (if applicable) of—\n\n(i) the proposed transferee; and\n\n(ii) the associates of the proposed transferee; and\n\n(c) include or be accompanied by any prescribed information; and\n\n(d) be accompanied by the prescribed fee.\n\n(3) The Regulator may request the licensee or the proposed transferee to provide any other document or information that the Regulator considers appropriate in relation to assessing the transfer application.\n\n(4) Without limiting the document or information the Regulator may request under subsection (3), the Regulator may request the applicant to—\n\n(a) provide a criminal history check of the proposed transferee or any associate of the proposed transferee; and\n\n(b) verify any information included with or accompanying the application, including by way of statutory declaration.\n\n(5) If the licensee or proposed transferee does not comply with a request under subsection (3)—\n\nS. 34J inserted by No. 51/2024 s. 8.\n\n","sortOrder":101},{"sectionNumber":"34J","sectionType":"section","heading":"Notification of relocation or transfer","content":"\t34J Notification of relocation or transfer\n\nAs soon as practicable after a relocation application or transfer application is granted, the Regulator must give written notice of the relocation or transfer to—\n\n(c) the Council in whose municipal district the licensed tobacco premises, or in the case of a relocation, the new licensed tobacco premises, are situated.\n\nS. 34K inserted by No. 51/2024 s. 8.\n\n","sortOrder":102},{"sectionNumber":"34K","sectionType":"section","heading":"Effect of relocation or transfer of licence","content":"\t34K Effect of relocation or transfer of licence\n\n(1) If the Regulator grants a relocation application, the licence has effect as if the licence had been issued in respect of the premises to which it is relocated.\n\n(2) If the Regulator grants a transfer application, the transferee is substituted as licensee of the licence from the date specified under subsection (3)—\n\n(a) for the residue of the term for which the licence was issued to the transferor; or\n\n(b) if the transfer takes place after an application for renewal of the licence has been made and before the date of operation of that renewal—for the period for which the licence is to be renewed.\n\n(3) The relocation or transfer of a licence has effect from—\n\n(a) the date that notice of the relocation or transfer is given to the licensee; or\n\n(b) any later date specified in the notice of relocation or transfer.\n\nDivision 4—Suspension and cancellation of licence\n\nS. 34L inserted by No. 51/2024 s. 8.\n\n","sortOrder":103},{"sectionNumber":"34L","sectionType":"section","heading":"Application for suspension or cancellation of licence","content":"\t34L Application for suspension or cancellation of licence\n\n(1) The following persons may apply to the Regulator for the suspension or cancellation of a licence—\n\n(a) the licensee;\n\n(b) the Chief Commissioner of Police;\n\n(c) an owner of licensed tobacco premises who is in lawful possession of the premises;\n\n(d) a mortgagee of licensed tobacco premises who is in lawful possession of the premises.\n\n(2) An owner or a mortgagee of licensed tobacco premises may only make an application under subsection (1)(c) or (d) on one or more of the following grounds—\n\n(a) the licensee has been legally evicted from the licensed tobacco premises;\n\n(b) the licensee has abandoned the licensed tobacco premises;\n\n(c) the licensee's lease, sublease, tenancy or other right to occupy the licensed tobacco premises has been lawfully terminated.\n\n(3) An application under subsection (1) must—\n\n(a) be in the form approved by the Regulator; and\n\n(c) in the case of an application under subsection (1)(c) or (d), specify the grounds on which the application is made; and\n\n(d) except in the case of an application by the Chief Commissioner of Police, be accompanied by the prescribed fee.\n\n(4) The Regulator may request the applicant to provide any other document or information that the Regulator reasonably requires to assess the application.\n\n(5) If the applicant does not comply with a request under subsection (4)—\n\n(b) any application fee paid is forfeited.\n\nS. 34M inserted by No. 51/2024 s. 8.\n\n","sortOrder":104},{"sectionNumber":"34M","sectionType":"section","heading":"Procedure on application by licensee for suspension or cancellation of licence","content":"\t34M Procedure on application by licensee for suspension or cancellation of licence\n\n(1) If the Regulator grants an application by a licensee under section 34L(1)(a)—\n\n(a) the licensee and the Regulator must enter into a written agreement outlining the terms of the suspension or cancellation; and\n\n(b) the licence is suspended or cancelled on the terms outlined in the agreement.\n\n(2) If, in the case of an application for suspension of a licence under section 34L(1)(a), the Regulator is not satisfied that, in the circumstances, suspension of the licence is adequate for the purposes of ensuring the licensee's ongoing compliance with this Act or the regulations, the Regulator may refuse to grant the application and may give the licensee a show cause notice proposing to cancel the licence in accordance with section 34P.\n\nS. 34N inserted by No. 51/2024 s. 8.\n\n","sortOrder":105},{"sectionNumber":"34N","sectionType":"section","heading":"Procedure on application by Chief Commissioner of Police for suspension or cancellation of licence","content":"\t34N Procedure on application by Chief Commissioner of Police for suspension or cancellation of licence\n\n(1) If the Chief Commissioner of Police applies to the Regulator under section 34L(1)(b) for the suspension or cancellation of a licence—\n\n(a) the Regulator must give a copy of the application to the licensee within 14 days after receiving the application; and\n\n(b) the licensee may, within 28 days after receiving the copy of the application, object to the application by giving written notice to the Regulator of the objection and the reasons for objecting.\n\n(2) The Regulator must give a copy of an objection under subsection (1)(b) to the Chief Commissioner of Police within 7 days after receiving the objection.\n\n(3) If, after considering any objection made by the licensee under subsection (1)(b) the Regulator is satisfied that—\n\n(a) one or more of the grounds specified in section 34P(1) exists in relation to the licensee or the licence; and\n\n(b) a suspension or cancellation of the licence is warranted—\n\nthe Regulator may grant the application and suspend or cancel the licence accordingly.\n\n(4) As soon as practicable after an application referred to in subsection (1) is granted, the Regulator must give written notice of the suspension or cancellation to—\n\n(b) the licensee; and\n\n(5) A notice under subsection (4) must specify—\n\n(a) that the Regulator has decided to suspend or cancel the licence; and\n\n(b) the date that the suspension or cancellation takes effect; and\n\n(c) if the Regulator has decided to suspend the licence, the period of suspension of the licence; and\n\n(d) the way in which the licensee may seek a review of the Regulator's decision to suspend or cancel the licence.\n\n(6) If the Regulator is not satisfied of the matters required by subsection (3), the Regulator must—\n\n(a) refuse to grant the application; and\n\n(b) give written notice of the Regulator's refusal to—\n\n(i) the Chief Commissioner of Police; and\n\n(ii) the licensee.\n\nS. 34O inserted by No. 51/2024 s. 8.\n\n","sortOrder":106},{"sectionNumber":"34O","sectionType":"section","heading":"Procedure on application by owner or mortgagee of licensed tobacco premises for suspension or cancellation of licence","content":"\t34O Procedure on application by owner or mortgagee of licensed tobacco premises for suspension or cancellation of licence\n\n(1) This section applies to an application for suspension or cancellation of a licence made by an owner or mortgagee of licensed tobacco premises under section 34L(1)(c) or (d).\n\n(2) The Regulator must give a copy of the application to—\n\n(b) any other person that the Regulator considers would suffer material detriment as a result of the suspension or cancellation of the licence.\n\n(3) A person who has received a copy of an application under subsection (2) may, within 14 days after receiving the application, object to the application by giving written notice to the Regulator of the objection and the reasons for objecting.\n\n(4) If the Regulator does not receive any objection under subsection (3), the Regulator must grant the application and suspend or cancel the licence.\n\n(5) The Regulator must consider any objection received under subsection (3) and—\n\n(a) if the Regulator considers that the suspension or cancellation of the licence is warranted, suspend or cancel the licence; or\n\n(b) if the Regulator considers that suspension or cancellation of the licence is not warranted, refuse to suspend or cancel the licence.\n\n(6) The Regulator must give written notice of the Regulator's decision whether or not to suspend or cancel the licence under this section to—\n\n(b) the licensee and any other person to whom the Regulator gave a copy of the application under subsection (2); and\n\n(c) the Chief Commissioner of Police; and\n\n(d) the Council in whose municipal district the licensed tobacco premises is situated.\n\nS. 34P inserted by No. 51/2024 s. 8.\n\n","sortOrder":107},{"sectionNumber":"34P","sectionType":"section","heading":"Suspension or cancellation of licence by Regulator—show cause notice","content":"\t34P Suspension or cancellation of licence by Regulator—show cause notice\n\n(1) If the Regulator forms the reasonable belief that any of the following grounds exist, the Regulator may give the licensee a notice in accordance with subsections (2) and (3) proposing the suspension or cancellation of the licence—\n\n(a) the licensee, or any associate of the licensee, is no longer a suitable person to carry on or be associated with a tobacco supply business under the licence;\n\nSee section 34Z in relation to suitability.\n\n(b) the licence was issued or transferred to the licensee or renewed on the basis of information that was false or misleading in a material particular;\n\n(c) the licensee has breached a condition of the licence.\n\n(2) A show cause notice must be in writing and include the following information—\n\n(a) that the Regulator proposes to suspend or cancel the licence;\n\n(b) the ground or grounds for suspending or cancelling the licence;\n\n(c) an outline of the facts and circumstances forming the basis of the Regulator's belief that the ground or grounds exist;\n\n(d) if the Regulator proposes to suspend the licence, the proposed period of suspension of the licence;\n\n(e) an invitation to the licensee to show cause, within the period specified in the show cause notice, why the licence should not be suspended or cancelled.\n\nIf the Regulator issues a show cause notice proposing the cancellation of a licence, the Regulator may also issue a notice under section 34ZT proposing to disqualify the licensee from holding a licence.\n\n(3) For the purposes of subsection (2)(e), the period specified in the show cause notice must not be less than 28 days after the day the show cause notice is given to the licensee.\n\n(4) A licensee who receives a show cause notice may make written representations to the Regulator in the period specified in the show cause notice specifying why the licence should not be suspended or cancelled.\n\nS. 34Q inserted by No. 51/2024 s. 8.\n\n","sortOrder":108},{"sectionNumber":"34Q","sectionType":"section","heading":"Decision following show cause notice","content":"\t34Q Decision following show cause notice\n\n(1) If, after considering any representations made by the licensee under section 34P(4), the Regulator is satisfied that—\n\n(a) a ground specified in section 34P(1) exists to suspend or cancel the licence; and\n\n(b) a suspension or cancellation of the licence is warranted—\n\nthe Regulator may suspend or cancel the licence.\n\n(2) If the proposed action in the show cause notice is the cancellation of the licence, the Regulator may decide not to cancel the licence but may instead decide to suspend the licence.\n\nThe Regulator may decide to vary a licence under section 34D as an alternative to suspending or cancelling the licence.\n\n(3) The Regulator must give notice of a decision to suspend or cancel a licence under this section to—\n\n(4) A notice under subsection (3) must specify—\n\n(a) that the Regulator has decided to suspend or cancel the licence; and\n\n(b) the date that the suspension or cancellation takes effect; and\n\n(c) if the Regulator has decided to suspend the licence, the period of suspension of the licence; and\n\n(d) the way in which the licensee may seek a review of the Regulator's decision to suspend or cancel the licence.\n\n(5) If the Regulator is not satisfied of the matters required by subsection (1), the Regulator must give written notice to the licensee as soon as practicable stating that the licence will not be suspended or cancelled.\n\nDivisions 8 and 9 apply to a decision of the Regulator to suspend or cancel a licence.\n\nS. 34R inserted by No. 51/2024 s. 8.\n\n","sortOrder":109},{"sectionNumber":"34R","sectionType":"section","heading":"Immediate suspension of licence—illicit tobacco offence","content":"\t34R Immediate suspension of licence—illicit tobacco offence\n\n(1) The Regulator may suspend a licence with immediate effect for a period of up to 90 days by giving written notice to the licensee if the Regulator believes on reasonable grounds that—\n\n(a) the licensee has committed an offence against section 11A(2) or (4) (***illicit tobacco offence***); and\n\n(b) the licensee may continue to possess or supply illicit tobacco in or from the licensed tobacco premises.\n\n(2) The Regulator may suspend a licence under this section whether or not—\n\n(a) the licensee has been charged with an illicit tobacco offence; or\n\n(b) proceedings have been initiated against the licensee in respect of an illicit tobacco offence; or\n\n(c) the licensee has been convicted of an illicit tobacco offence.\n\nA decision to suspend a licence under this section is a reviewable decision under Division 8.\n\n(3) To assist the Regulator to determine whether to suspend a licence under this section—\n\n(a) the Regulator may invite the Chief Commissioner of Police to make representations in relation to the proposed suspension; and\n\n(b) the Chief Commissioner of Police may make representations in relation to the proposed suspension.\n\nSee section 34ZA in relation to protected information.\n\n(4) If the Regulator suspends a licence under this section, during the period of suspension the Regulator may—\n\n(a) cancel or revoke the suspension at any time by giving notice in writing to the licensee; or\n\n(b) give the licensee a show cause notice under section 34P proposing the further suspension or the cancellation of the licence.\n\n(5) The Regulator must give written notice of a suspension under this section to—\n\n(b) the Council in whose municipal district the licensed tobacco premises is situated.\n\nS. 34S inserted by No. 51/2024 s. 8.\n\n","sortOrder":110},{"sectionNumber":"34S","sectionType":"section","heading":"Regulator may suspend licence in certain circumstances","content":"\t34S Regulator may suspend licence in certain circumstances\n\nDespite any provision in this Act, if the Regulator—\n\n(a) receives a variation application; and\n\n(b) is not satisfied that, in the circumstances, variation of the licence is adequate for the purposes of ensuring the licensee's ongoing compliance with this Act or the regulations—\n\nthe Regulator may give the licensee a show cause notice under section 34P proposing to suspend the licence.\n\nDivision 5—Objections and representations by Chief Commissioner of Police\n\nS. 34T inserted by No. 51/2024 s. 8.\n\n","sortOrder":111},{"sectionNumber":"34T","sectionType":"section","heading":"Regulator must give copy of licence and transfer applications to Chief Commissioner of Police","content":"\t34T Regulator must give copy of licence and transfer applications to Chief Commissioner of Police\n\n(1) Subject to subsection (2), as soon as practicable after receiving a licence application or transfer application, the Regulator must give a copy of the application to the Chief Commissioner of Police.\n\n(2) The Chief Commissioner of Police may give written directions to the Regulator regarding the provision of applications under subsection (1), including exempting the Regulator from providing certain applications.\n\nS. 34U inserted by No. 51/2024 s. 8.\n\n","sortOrder":112},{"sectionNumber":"34U","sectionType":"section","heading":"Chief Commissioner of Police may object to or make representations about licence or transfer applications","content":"\t34U Chief Commissioner of Police may object to or make representations about licence or transfer applications\n\n(1) The Chief Commissioner of Police may object to a licence application or transfer application on any grounds the Chief Commissioner of Police thinks fit.\n\n(2) Without limiting subsection (1), the Chief Commissioner of Police may object to—\n\n(a) a licence application on the ground that the applicant or an associate of the applicant is not a suitable person to carry on or be associated with a tobacco supply business under a licence; or\n\n(b) a transfer application on the grounds that the proposed transferee or an associate of the proposed transferee is not a suitable person to carry on or be associated with a tobacco supply business under the licence.\n\n(3) An objection under subsection (1) or (2) must—\n\n(a) be made to the Regulator in writing within 21 days after receiving the copy of the application; and\n\n(b) state the reasons applying to each ground of the objection.\n\nThe Chief Commissioner of Police is not required to disclose protected information to the Regulator—see section 34ZA(2).\n\n(4) Within 21 days after receiving the copy of the application, the Chief Commissioner of Police may make written representations to the Regulator in addition to or instead of objecting to the application.\n\nS. 34V inserted by No. 51/2024 s. 8.\n\n","sortOrder":113},{"sectionNumber":"34V","sectionType":"section","heading":"Chief Commissioner of Police may make representations about other applications","content":"\t34V Chief Commissioner of Police may make representations about other applications\n\n(1) The Regulator may give a copy of any of the following applications to the Chief Commissioner of Police—\n\n(a) a suspension application or cancellation application under section 34L(1) (other than an application made by the Chief Commissioner of Police);\n\n(b) a relocation application;\n\n(c) a variation application.\n\n(2) The Chief Commissioner of Police may make written representations to the Regulator in relation to an application referred to in subsection (1) within 21 days after receiving the copy of the application.\n\n","sortOrder":114},{"sectionNumber":"Div 6","sectionType":"division","heading":"Determination of applications and suitability matters","content":"Division 6—Determination of applications and suitability matters\n\nS. 34W inserted by No. 51/2024 s. 8.\n\n","sortOrder":115},{"sectionNumber":"34W","sectionType":"section","heading":"Determination of application","content":"\t34W Determination of application\n\n(1) Subject to subsection (2), the Regulator must determine the following applications by deciding to grant or refuse the application—\n\n(b) a relocation application;\n\n(c) a transfer application;\n\n(d) a variation application;\n\n(e) a renewal application.\n\n(2) The Regulator must grant or refuse an application referred to in subsection (1)—\n\n(a) after the expiry of the period for objections or representations by the Chief Commissioner of Police (if applicable to that application); and\n\n(b) if an objection is made by the Chief Commissioner of Police, after the applicant has been given a reasonable opportunity to make representations in relation to the objection.\n\nSection 34ZA(4) prevents the Regulator from disclosing to the licensee an objection made by the Chief Commissioner of Police if the objection contains protected information.\n\n(3) Before granting or refusing an application under subsection (1), the Regulator—\n\n(a) may conduct any inquiries the Regulator considers appropriate; and\n\n(b) may have regard to any matter the Regulator considers relevant; and\n\n(c) must consider any objections or representations made by the Chief Commissioner of Police; and\n\n(d) must consider any representations made by the applicant in response to any objections referred to in paragraph (c).\n\n(4) If the Regulator decides to grant a licence application, the Regulator must issue a licence to the applicant.\n\n(5) If the Regulator decides to grant a renewal application the Regulator must renew the licence for a further financial year.\n\n(6) Without limiting subsection (3)(a), the Regulator may conduct inquiries with government agencies in Victoria or in other Australian jurisdictions in relation to the criminal history of—\n\n(b) any associates of the applicant.\n\nS. 34X inserted by No. 51/2024 s. 8.\n\n","sortOrder":116},{"sectionNumber":"34X","sectionType":"section","heading":"Regulator may refuse to grant application","content":"\t34X Regulator may refuse to grant application\n\n(1) The Regulator may refuse to grant a licence application or a transfer application if—\n\n(a) in the case of a licence application—\n\n(i) the Regulator considers that the applicant or any associate of the applicant is not a suitable person to hold or carry on or be associated with a tobacco supply business under a licence; or\n\n(ii) at the time of making the application, any associate of the applicant is a disqualified person; or\n\n(b) in the case of a transfer application—\n\n(i) the Regulator considers that the proposed transferee or any associate of the proposed transferee is not a suitable person to hold or carry on or be associated with a tobacco business under the licence; or\n\n(ii) at the time of making the application, any associate of the proposed transferee is a disqualified person.\n\n(2) In addition to subsection (1), and without limiting the grounds on which the Regulator may refuse to grant any application referred to in section 34W(1), the Regulator may refuse to grant an application if—\n\n(a) the Regulator considers that the granting of the application would be conducive to, or encourage, contraventions of this Act or the regulations; or\n\n(b) the application has not been made in accordance with this Act or the regulations.\n\nS. 34Y inserted by No. 51/2024 s. 8.\n\n","sortOrder":117},{"sectionNumber":"34Y","sectionType":"section","heading":"Notice of decision","content":"\t34Y Notice of decision\n\n(1) The Regulator must give written notice of a decision of the Regulator on an application referred to in section 34W(1) to—\n\n(b) if the Chief Commissioner has made an objection or representation in relation to the application, the Chief Commissioner; and\n\n(c) in relation to a decision on a licence application, the Council in whose municipal district the licensed tobacco premises is situated.\n\n(2) A notice under subsection (1) must be given as soon as practicable after the Regulator makes the decision.\n\n(3) Subsection (1) does not apply if the Regulator has already given notice of the decision in accordance with a requirement under another provision of this Act.\n\nS. 34Z inserted by No. 51/2024 s. 8.\n\n","sortOrder":118},{"sectionNumber":"34Z","sectionType":"section","heading":"Suitability matters","content":"\t34Z Suitability matters\n\n(1) Without limiting the reasons that the Regulator may consider that a person is not a suitable person to carry on or be associated with a tobacco supply business under a licence, a person is not a suitable person to carry on or be associated with a tobacco supply business under a licence if the person has been found guilty of any of the following offences within the preceding 5 years—\n\n(a) a suitability offence;\n\n(b) an indictable offence (other than an indictable offence that is a suitability offence) that in the Regulator's opinion is linked to or tends to be linked to unlawful tobacco activity or organised crime activity.\n\n(2) The Regulator may take into account any spent conviction in relation to an offence referred to in subsection (1) disclosed to the Regulator under the **Spent Convictions Act 2021** that is  recorded not more than 5 years before the date that the Regulator requested the information from the law enforcement agency.\n\n***law enforcement agency***  has the same meaning as in section 3 of the **Spent Convictions Act 2021**;\n\n***spent conviction*** has the same meaning as in section 3 of the **Spent Convictions Act 2021**.\n\nS. 34ZA inserted by No. 51/2024 s. 8.\n\n\t34ZA Procedure for applications or decisions based on protected information\n\n(1) This section applies if the Chief Commissioner of Police—\n\n(a) under Division 5, objects to or makes representations in relation to an application; or\n\n(b) applies to the Regulator under section 34B(1)(b) for the variation of a licence; or\n\n(c) applies to the Regulator under section 34L(1)(b) for the suspension or cancellation of a licence; or\n\n(d) makes representations to the Regulator under section 34R(3)(b).\n\n(2) If the Chief Commissioner of Police in making the objection, representations or application relies partly or wholly on protected information, the Chief Commissioner of Police may decide—\n\n(a) to include the protected information in the objection, representations or application and specify that the information is protected information; or\n\n(b) not to include the protected information in the objection, representations or application and specify that—\n\n(i) some or all of the decision to make the objection, representations or application is based on protected information; and\n\n(ii) to the extent that the objection, representations or application is based on protected information, reasons will not be given to the Regulator.\n\n(3) If the Regulator makes a decision regarding an application referred to in subsection (1) based on protected information received from the Chief Commissioner of Police and provides reasons for that decision to the applicant (including a statement of reasons under Division 7), the Regulator—\n\n(a) must not disclose any protected information received from the Chief Commissioner of Police in relation to the application; and\n\n(b) must specify that the Regulator's decision is based on advice from the Chief Commissioner of Police.\n\n(4) Subsection (5) applies if the Chief Commissioner of Police—\n\n(a) objects to or makes representations under Division 5 in relation to an application, or makes an application specified in subsection (1)(b) or (c) to the Regulator; and\n\n(b) the objection, representations or application is or are based on or contains protected information.\n\n(5) In the circumstances set out in subsection (4)—\n\n(a) any requirement of this Act requiring the Regulator to provide a copy of the application, objection or representations to the licensee does not apply (whether or not the Chief Commissioner of Police has disclosed the protected information to the Regulator); and\n\n(b) the Regulator must notify the licensee that the Chief Commissioner of Police has made an application, objection or representations (as the case may be) and that the application, objection or representations will not be provided to the licensee; and\n\n(c) if the licensee is entitled to object, make submissions or representations in relation to a matter to which subsection (4) applies, the Regulator may invite the licensee to make submissions or representations in relation to the suitability of the licensee or any associate of the licensee to carry on or be associated with a tobacco supply business under the licence.\n\nS. 34ZB inserted by No. 51/2024 s. 8.\n\n\t34ZB Regulator may permit amendments and disregard errors\n\nIn deciding whether to grant or refuse an application referred to in section 34W(1), the Regulator may—\n\n(a) permit the applicant to amend the application, or any information given to the Regulator in connection with the application; and\n\n(b) disregard any omission, error, defect or insufficiency in—\n\n(i) the application; or\n\n(ii) any information given to the Regulator in connection with the application.\n\nS. 34ZC inserted by No. 51/2024 s. 8.\n\n\t34ZC Form, categories and duration of licence\n\n(1) A licence is to be in the form approved by the Regulator.\n\n(2) On issuing a licence under section 34W(4), the Regulator must specify—\n\n(a) the date on which the licence takes effect; and\n\n(b) the category or categories of licence issued to the licensee; and\n\n(c) any conditions imposed on the licence under section 34ZD.\n\n(3) The categories of licence are the categories prescribed by the regulations.\n\n(4) Subject to this Act, a licence takes effect on the date specified by the Regulator, and continues in force until the end of the financial year in which it is issued.\n\nS. 34ZD inserted by No. 51/2024 s. 8.\n\n\t34ZD Licence conditions\n\n(1) On granting an application specified in subsection (2), the Regulator may impose on the licence—\n\n(a) general conditions that apply to the category of licence issued to or held by the licensee; and\n\n(b) specific conditions applying to the licence.\n\n(2) Subsection (1) applies to the following applications—\n\n(b) a transfer application;\n\n(c) a relocation application;\n\n(d) a variation application.\n\n(3) Without limiting subsection (1), the Regulator may impose a condition requiring the licensee to report to the Regulator any activity conducted under the licence.\n\n(4) A licence is also subject to any conditions prescribed by the regulations.\n\nS. 34ZE inserted by No. 51/2024 s. 8.\n\n\t34ZE Several liability\n\n(1) If a licence is issued or transferred to 2 or more persons, each of those persons is severally liable under this Act as licensee.\n\n(2) If a licence is issued or transferred to a body corporate, the body corporate and each of the directors of the body corporate is severally liable under this Act as licensee.\n\n(3) If a licence is issued or transferred to a person on behalf of a partnership, each partner is severally liable under this Act as licensee.\n\nS. 34ZF inserted by No. 51/2024 s. 8.\n\n\t34ZF Regulator to endorse changes to licences\n\nThe Regulator must endorse changes to a licence as a result of—\n\n(a) a variation application; or\n\n(b) varying a licence under section 34C, 34D, 34E or 34F; or\n\n(c) a transfer application; or\n\n(d) a relocation application.\n\nDivision 7—Statements of reasons\n\nS. 34ZG inserted by No. 51/2024 s. 8.\n\n\t34ZG Request for statement of reasons for decision\n\n(1) A person whose interests are affected by a reviewable decision may request the Regulator to give the person a written statement of reasons for the decision.\n\n(2) A request under subsection (1) must be made in writing within 28 days after the day on which the person receives notice of the decision.\n\nS. 34ZH inserted by No. 51/2024 s. 8.\n\n\t34ZH Chief Commissioner of Police may request statement of reasons\n\n(1) The Chief Commissioner of Police may request the Regulator to give the Chief Commissioner of Police a written statement of reasons in relation to a decision of the Regulator—\n\n(a) to grant an application for a licence to or in relation to which the Chief Commissioner of Police objected or made representations under Division 5; or\n\n(b) to refuse to grant an application by the Chief Commissioner of Police for the variation, suspension or cancellation of a licence.\n\n(2) The Regulator must give the Chief Commissioner of Police the statement of reasons within 28 days after receiving a request under subsection (1).\n\n(3) The Regulator is not required to give a statement of reasons requested under subsection (1) if the Regulator has already provided the Chief Commissioner of Police a written statement containing the matters set out in section 34ZI.\n\nS. 34ZI inserted by No. 51/2024 s. 8.\n\n\t34ZI Provision of statement of reasons\n\n(1) The Regulator must provide a statement of reasons within 28 days of receiving a request under section 34ZG or 34ZH.\n\n(2) Subject to subsection (3), the statement of reasons for a decision of the Regulator in relation to an application referred to in sections 34ZG and 34ZH must include—\n\n(a) the reasons for the Regulator's decision; and\n\n(b) the findings on material questions of fact that led to the Regulator's decision, referring to the evidence or other information or material on which the Regulator's findings were based.\n\n(3) If the Regulator's decision is based wholly or partly on protected information received from the Chief Commissioner of Police, the Regulator must—\n\n(a) not disclose the protected information (if the Chief Commissioner has disclosed the protected information to the Regulator); and\n\n(b) state only that the Regulator's decision is based on advice from the Chief Commissioner of Police.\n\n(4) The Regulator may exclude any personal information in a statement of reasons if the Regulator considers it appropriate in the circumstances.\n\nDivision 8—Internal reviews\n\nS. 34ZJ inserted by No. 51/2024 s. 8.\n\n\t34ZJ Applications for internal review\n\n(1) Except as provided in subsection (5), a person whose interests are affected by a reviewable decision may apply to the Regulator for a review of the decision in accordance with this section.\n\n(2) An application under subsection (1) must—\n\n(a) be made within the later of—\n\n(i) 28 days after the day on which the person received notice of the reviewable decision from the Regulator; or\n\n(ii) 28 days after the person received a statement of reasons for the decision; or\n\n(iii) the longer period that the Regulator allows; and\n\n(b) be made in writing in the form approved by the Regulator.\n\n(3) The Regulator must not allow a longer period under subsection 2(a)(iii) unless the Regulator is satisfied that exceptional circumstances exist to justify the longer period.\n\n(4) An applicant for internal review may provide to the Regulator any other information that the applicant considers relevant.\n\n(5) Subsection (1) does not apply if the Regulator has informed the person under section 34ZA(3)(b) that the Regulator's decision is based on advice from the Chief Commissioner of Police.\n\nDivision 9 applies to provide a right of review to VCAT for decisions based on advice from the Chief Commissioner of Police.\n\nS. 34ZK inserted by No. 51/2024 s. 8.\n\n\t34ZK Decisions on internal review\n\n(1) The Regulator must review the reviewable decision specified in an application received under section 34ZJ and make a fresh decision within 28 days of receiving the application—\n\n(a) that affirms or varies the reviewable decision; or\n\n(b) that sets aside the reviewable decision and substitutes another decision that the Regulator considers appropriate.\n\n(2) As soon as practicable after making a decision under subsection (1), the Regulator must give written notice of the decision, and the reasons for the decision, to—\n\n(b) the Chief Commissioner of Police, if—\n\n(i) an objection or representation has been made under Division 5 in relation to the reviewable decision; and\n\n(ii) the reviewable decision was overturned or modified.\n\n(3) If the Regulator decides on review to revoke a reviewable decision, the Regulator may in addition make any other decision that the Regulator considers appropriate that is available to the Regulator under the provision of this Act under which the reviewable decision was made.\n\n(4) If the Regulator does not make a decision within 28 days after receiving an application under subsection (1), the Regulator is taken to have affirmed the reviewable decision.\n\nDivision 9—Review by VCAT\n\nS. 34ZL inserted by No. 51/2024 s. 8.\n\n\t34ZL Application to VCAT for review of decision on internal review\n\n(1) A person whose interests are affected by a decision of the Regulator on internal review under section 34ZK may apply to VCAT for review of the Regulator's decision on internal review in accordance with this section.\n\n(2) An application under subsection (1) must be made within 28 days after the latest of—\n\n(a) the day on which the Regulator gave the person notice of the Regulator's decision on internal review under section 34ZK(2); or\n\n(b) if the Regulator does not give notice of a decision on internal review, the day the Regulator is taken to have affirmed the reviewable decision under section 34ZK(4); or\n\n(c) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision on internal review, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nS. 34ZM inserted by No. 51/2024 s. 8.\n\n\t34ZM Application to VCAT for review of decision based on advice from the Chief Commissioner of Police\n\n(1) A person whose interests are affected by a decision that the Regulator has specified is based on advice from the Chief Commissioner of Police may apply to VCAT for review of the Regulator's decision in accordance with this section.\n\n(2) An application under subsection (1) must be made within 28 days after the Regulator informed the person under section 34ZA(3)(b) that the decision was based on advice from the Chief Commissioner of Police.\n\nS. 34ZN inserted by No. 51/2024 s. 8.\n\n\t34ZN VCAT to inquire on grounds for decision\n\n(1) On receipt of an application under section 34ZM, VCAT must inquire of the Regulator whether the grounds for the decision were based on any protected information.\n\n(2) The Regulator must give a written response to a request under subsection (1).\n\n(3) If the Regulator advises VCAT that the grounds for the decision were based on protected information—\n\n(a) the hearing of the application must be conducted in private in accordance with section 34ZP; and\n\n(b) VCAT must appoint a person as special counsel to represent the interests of the applicant in accordance with section 34ZO.\n\nS. 34ZO inserted by No. 51/2024 s. 8.\n\n\t34ZO Appointment of special counsel—protected information\n\n(1) If the Regulator informs VCAT under section 34ZN(2) that the decision was based on protected information, VCAT must appoint a special counsel to represent the interests of the applicant.\n\n(2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of VCAT, has the appropriate skills and ability to represent the interests of the applicant at the hearing.\n\n(3) For the purposes of subsection (2), a special counsel may only represent the interests of the applicant to the extent that those interests relate to the protected information on which the decision is based.\n\n(4) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application for review, for the purpose of obtaining information or instructions from the applicant in relation to the proceeding, the special counsel may communicate with—\n\n(a) the applicant; or\n\n(b) any representative of the applicant.\n\n(5) Subject to section 34ZQ(5), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application for review, the special counsel must not—\n\n(a) take instructions from the applicant or from any representative of the applicant; and\n\n(b) communicate any other information in relation to the hearing to the applicant or a representative of the applicant without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing.\n\n(6) A special counsel may be required to sign a confidentiality undertaking to VCAT.\n\nS. 34ZP inserted by No. 51/2024 s. 8.\n\n\t34ZP Procedure for hearing—protected information\n\n(1) If the Regulator informs VCAT under section 34ZN(2) that the reviewable decision was based on protected information—\n\n(a) the Chief Commissioner of Police of Police must be joined as a party to the proceeding; and\n\n(b) at the hearing of the application for review of the reviewable decision, VCAT must first determine whether or not the reviewable decision was based on protected information.\n\n(2) For the purposes of subsection (1)(b), VCAT must hold the hearing in private.\n\n(3) The following persons are entitled to be present at the hearing under subsection (2)—\n\n(a) if the Chief Commissioner of Police disclosed the protected information to the Regulator under section 34ZA(2)(a), the Regulator, the Chief Commissioner of Police and the special counsel;\n\n(b) if the Chief Commissioner of Police did not disclose the protected information to the Regulator under section 34ZA(2)(b), the Chief Commissioner of Police and the special counsel only.\n\n(4) Each person that is entitled to be present at the hearing under subsection (3) has a right to make submissions as to whether evidence supporting the grounds for the decision amounts to protected information.\n\n(5) After hearing the submissions under subsection (4), VCAT must decide whether or not any of the evidence adduced amounts to protected information.\n\n(6) If VCAT decides that none of the evidence adduced under subsection (4) amounts to protected information VCAT must permit the following persons to attend the hearing of the application—\n\n(a) the Regulator (if the Regulator was excluded from attending under subsection (3)(b);\n\n(b) the applicant.\n\nS. 34ZQ inserted by No. 51/2024 s. 8.\n\n\t34ZQ Decision of VCAT where protected information exists\n\n(1) Without limiting any other power of VCAT conferred by or under this or any other Act, if VCAT decides that any of the evidence adduced under section 34ZP is protected information, only the following persons are entitled to be present at the hearing of the application to the extent that it relates to that protected information—\n\n(a) the Chief Commissioner of Police;\n\n(b) the special counsel;\n\n(c) if the Chief Commissioner of Police disclosed the protected information to the Regulator under section 34ZA(2), the Regulator.\n\n(2) Each person that is entitled to be present at the hearing of the proceeding has a right to make submissions as to—\n\n(a) the weight that should be given to the evidence supporting the grounds for the decision that amounts to protected information and any other evidence adduced; and\n\n(b) if relevant, the character of the applicant, being evidence indicating whether the applicant or an associate of the applicant is a suitable person to carry on or be associated with a tobacco supply business under a licence; and\n\n(c) whether, in all the circumstances, the application or decision that is the subject of the reviewable decision should be granted or affirmed.\n\n(3) In determining a proceeding that involves protected information, VCAT must decide—\n\n(a) what weight to give the protected information and any other evidence adduced; and\n\n(b) whether, in all the circumstances, the application or decision that is the subject of the reviewable decision should be granted or affirmed.\n\n(4) If VCAT decides under section 34ZP that any evidence adduced is protected information, VCAT must take all steps and precautions to prevent release of that information.\n\n(5) If a special counsel wishes to seek further instructions from the applicant in relation to the protected information, the special counsel must first submit written questions to VCAT for approval.\n\n(6) Before approving the written questions under subsection (5), VCAT must—\n\n(a) allow the Chief Commissioner of Police to make submissions on the content of the questions; and\n\n(b) hear any submissions so made.\n\n(7) Despite section 117 of the **Victorian Civil and Administrative Tribunal Act 1998**, any order made by VCAT in relation to a decision under this section must only state—\n\n(a) whether the decision of the Regulator is upheld or overturned; and\n\n(b) if the applicant's licence is not issued, renewed or reinstated (as the case requires), that the applicant or each relevant person in relation to the application has failed to meet the suitability requirements.\n\n(8) VCAT may publish reasons for its decision only to the extent that those reasons do not relate to protected information.\n\nS. 34ZR inserted by No. 51/2024 s. 8.\n\n\t34ZR Chief Commissioner of Police may request Regulator reconsider decision without protected information\n\n(1) At any time before a final determination has been made by VCAT in a proceeding under this Division that involves protected information, the Chief Commissioner of Police may request the Regulator to reconsider the Regulator's decision without relying on the protected information.\n\n(2) If the Chief Commissioner of Police makes a request under subsection (1)—\n\n(a) the Chief Commissioner of Police must advise VCAT that the request has been made; and\n\n(b) VCAT—\n\n(i) must remit the matter for re‑consideration by the Regulator in accordance with the request; and\n\n(ii) may make any other orders that VCAT thinks fit; and\n\n(c) the Regulator must reconsider the decision as if the protected information had not been provided.\n\nDivision 10—Licence renewals\n\nS. 34ZS inserted by No. 51/2024 s. 8.\n\n\t34ZS Application for renewal of licence\n\n(1) A licensee, including a licensee whose licence is currently suspended, may apply to the Regulator for renewal of the licence for a further financial year in accordance with subsection (2).\n\n(2) A renewal application must—\n\n(c) be accompanied by the prescribed fee.\n\n(3) The Regulator may request the applicant to provide any other document or information that the Regulator reasonably requires to assess a renewal application, and may for the purposes of assessing the renewal application, assess the licensee's suitability to continue to hold a licence.\n\n(4) For the purposes of subsection (3), and without limiting the Regulator's powers under that subsection, the Regulator may request the licensee to—\n\n(a) provide an updated criminal history check in respect of the licensee or any associate of the licensee; or\n\n(b) verify any information included with or accompanying the application, including by way of statutory declaration.\n\n(5) If the applicant does not comply with a request under subsection (3)—\n\n(6) If the Regulator has not made a decision on a renewal application under section 34W before the expiry of the licence, the licence remains in force until the Regulator makes the decision.\n\n(7) The making of a renewal application by a licensee whose licence is currently suspended does not affect the suspension of the licence.\n\nDivision 11—Disqualification\n\nS. 34ZT inserted by No. 51/2024 s. 8.\n\n\t34ZT Procedure—proposal to disqualify person from holding licence\n\n(1) If the Regulator has given a licensee a show cause notice proposing to cancel the licensee's licence, the Regulator may also give any of the following persons a notice proposing to disqualify the person from holding a licence for a period of up to 5 years—\n\n(a) if the licensee is a natural person, the licensee;\n\n(b) if the licensee is a body corporate—\n\n(i) the body corporate; or\n\n(ii) any director of the body corporate;\n\n(c) if the licence is held on behalf of a partnership, any partner in the partnership.\n\n(2) A notice under subsection (1) must specify the following—\n\n(a) that the Regulator proposes to disqualify the person from holding a licence for a period specified in the notice that does not exceed 5 years from the date of the notice;\n\n(b) the grounds for the proposed disqualification;\n\n(c) the facts and circumstances forming the basis for the proposed disqualification;\n\n(d) that the person may, within the period specified in the notice, show cause why the proposed disqualification should not be taken.\n\n(3) The period specified in subsection (2)(d) must not be less than 28 days after the day that the notice is given to the person.\n\n(4) The person may make written representations to the Regulator during the period specified in the notice, showing cause why the person should not be disqualified from holding a licence.\n\n(5) A notice under subsection (1) may be given at the same time as a show cause notice.\n\nS. 34ZU inserted by No. 51/2024 s. 8.\n\n\t34ZU Decision on disqualification and notice\n\n(1) Subject to subsection (2), if, after considering any representations made under section 34ZT(4), the Regulator is satisfied that disqualification of the person is warranted, the Regulator may disqualify the person from holding a licence for a period of up to 5 years from the date of giving notice of disqualification under subsection (3).\n\n(2) The Regulator may disqualify a person under subsection (1) only if under section 34Q(1) the Regulator cancels the licence referred to in the show cause notice.\n\n(3) The Regulator must give written notice of the Regulator's decision to disqualify a person from holding a licence to—\n\n(a) the person; and\n\n(b) the Chief Commissioner of Police.\n\n(4) A notice under subsection (3) must specify—\n\n(a) that the Regulator has decided to disqualify the person from holding a licence under this section; and\n\n(b) the reasons for the Regulator's decision; and\n\n(c) the period of disqualification; and\n\n(d) the way in which the person may seek a review of the Regulator's decision.\n\n(5) If, after considering any representations made under section 34ZT(4), the Regulator is not satisfied that disqualification is warranted, the Regulator must give written notice to the person stating that the person will not be disqualified from holding a licence as soon as practicable after making that decision.\n\nDivision 12—General\n\nS. 34ZV inserted by No. 51/2024 s. 8.\n\n\t34ZV Register of Licensed Tobacco Suppliers\n\n(1) The Regulator must keep a Register of Licensed Tobacco Suppliers.\n\n(2) The Regulator must cause the following information to be included in the Register in relation to each licence—\n\n(a) the business name under which the licensee sells tobacco products;\n\n(b) the address of the licensed tobacco premises;\n\n(c) the licensee's licence number;\n\n(d) any prescribed information.\n\n(3) The Regulator must cause the Register to be published on the Regulator's website.\n\nS. 34ZW inserted by No. 51/2024 s. 8.\n\n\t34ZW Requirement to notify Regulator of change in application information\n\n(1) A person (***primary person***) must notify the Regulator, in the form approved by the Regulator, within 14 days after any change in any information provided by the primary person to the Regulator under this Act occurs, including information accompanying any of the following applications—\n\n(b) a variation application;\n\n(c) a relocation application;\n\n(d) a transfer application;\n\n(e) an application under section 34L(1)(a) to suspend or cancel a licence;\n\n(f) a renewal application.\n\n(2) For the purposes of subsection (1), a change of information includes where—\n\n(a) a person who was an associate of the primary person ceases to be an associate of the primary person; or\n\n(b) a person who was not an associate of the primary person becomes an associate of the primary person.\n\nS. 34ZX inserted by No. 51/2024 s. 8, repealed by No. 51/2024 s. 36.\n\nS. 34ZY inserted by No. 51/2024 s. 8.\n\n\t34ZY Court may suspend or cancel licence or disqualify person\n\nIf a court finds a licensee guilty of a suitability offence the court may, in addition to imposing any other penalty in relation to the offence—\n\n(a) suspend the licensee's licence for a period specified by the court; or\n\n(b) cancel the licensee's licence; or\n\n(c) cancel the licensee's licence and disqualify the licensee from holding a licence for the period not exceeding 5 years specified by the court.\n\nS. 34ZZ inserted by No. 51/2024 s. 8.\n\n\t34ZZ Regulator may review licences\n\n(1) The Regulator may at any time conduct a review of a licence.\n\n(2) Without limiting the scope of a review under subsection (1), the Regulator may review any or all of the following—\n\n(a) the suitability of the licensee or any associate of the licensee to carry on or be associated with the tobacco supply business under the licence;\n\n(b) the licensee's compliance with this Act and the regulations.\n\n(3) For the purposes of a review, the Regulator may conduct any inquiries the Regulator thinks fit, including, without limitation—\n\n(a) inquiries with the Chief Commissioner of Police or government agencies in Victoria or in other Australian jurisdictions in relation to the criminal history of—\n\n(i) the licensee; or\n\n(ii) any associate of the licensee; and\n\n(b) inquiries with the Council in whose municipal district the licensed tobacco premises is situated.\n\n(4) For the purposes of a review, the Regulator may request the licensee to provide, within the time specified in the request, any documents or information that the Regulator considers appropriate, including without limitation—\n\n(a) a criminal history check of—\n\n(i) the licensee; and\n\n(ii) any associate of the licensee; and\n\n(b) any other information that the Regulator reasonably requires to verify the licensee's compliance with this Act or the regulations.\n\n(5) The Regulator may request the licensee under subsection (4) to verify any information provided to the Regulator in accordance with that subsection by way of statutory declaration.\n\n(6) The licensee must not, without reasonable excuse, fail to comply with a request of the Regulator under subsection (4).\n\nS. 34ZZA inserted by No. 51/2024 s. 8.\n\n\t34ZZA Licence ceases to have effect in certain circumstances\n\nA licence ceases to have effect—\n\n(a) in the case of a licensee who is a natural person, if the licensee—\n\n(i) becomes an insolvent under administration; or\n\n(ii) becomes a represented person within the meaning of the **Guardianship and Administration Act 2019**; or\n\n(b) in the case of a licensee that is a body corporate, if the licensee—\n\n(i) becomes an externally administered body corporate within the meaning of the Corporations Act; or\n\n(ii) is wound up; or\n\n(iii) is deregistered (whether under the Corporations Act or otherwise).\n\nS. 34ZZB inserted by No. 51/2024 s. 8.\n\n\t34ZZB Licence not personal property\n\nFor the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.\n\nS. 34ZZC inserted by No. 51/2024 s. 8.\n\n\t34ZZC Regulator may issue copy of licence\n\n(1) A licensee may apply to the Regulator for a copy of the licensee's licence, or a specified part of that licence.\n\n(2) An application to the Regulator under subsection (1) must be accompanied by the prescribed fee.\n\n(3) The Regulator must issue to the licensee a copy of the licence (or specified part of the licensee's licence) with the word \"copy\" marked on it as soon as practicable after receiving an application under subsection (1).\n\nA copy of the licence includes a digital copy of the licence.\n\nPt 3AAB (Headings and ss 35–35G) inserted by No. 51/2024 s. 12.\n\nPart 3AAB—Enforcement in relation to licensing\n\nDivision 1—The Regulator\n\nNew s. 35 inserted by No. 51/2024 s. 12.\n\n","sortOrder":119},{"sectionNumber":"35","sectionType":"section","heading":"Regulator's functions, powers and delegations","content":"\t35 Regulator's functions, powers and delegations\n\n(1) The Regulator has the following functions—\n\n(a) licensing functions under Part 3AA;\n\n(b) investigatory and enforcement functions under this Part;\n\n(c) to promote, monitor and enforce compliance by tobacco supply businesses with this Act and the regulations;\n\n(d) to detect and respond to contraventions of this Act and the regulations;\n\n(e) to advise the Minister on the operation of this Act and the regulations;\n\n(f) any other functions conferred on the Regulator by or under this or any other Act.\n\n(2) The Regulator has power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator's functions.\n\n(3) The Regulator, by instrument, may delegate to a person employed under Part 3 of the **Public Administration Act 2004** any function or power of the Regulator under this Act other than this power of delegation.\n\nS. 35A inserted by No. 51/2024 s. 12.\n\n","sortOrder":120},{"sectionNumber":"35A","sectionType":"section","heading":"Ministerial directions","content":"\t35A Ministerial directions\n\n(1) Subject to subsection (2), the Minister may give a written direction to the Regulator in relation to the performance of the Regulator's functions and duties or the exercise of the Regulator's powers.\n\n(2) A direction cannot be given under this section in relation to—\n\n(a) the content of any advice given to the Minister by the Regulator; or\n\n(b) the issuing, renewal, variation, relocation, transfer, suspension, cancellation or review of a particular licence.\n\n(3) Subject to subsection (4), the Minister must cause to be published in the Government Gazette—\n\n(a) a direction given under this section; and\n\n(b) the reasons for giving the direction.\n\n(4) The Minister is not required to publish any information under subsection (3) that in the Minister's opinion is confidential or commercially sensitive.\n\nS. 35B inserted by No. 51/2024 s. 12.\n\n","sortOrder":121},{"sectionNumber":"35B","sectionType":"section","heading":"Decision‑making guidelines","content":"\t35B Decision‑making guidelines\n\n(1) The Minister may issue decision‑making guidelines in respect of the licensing of tobacco supply businesses, including in relation to the enforcement functions of the Regulator and licensing inspectors associated with that licensing.\n\n(2) Decision‑making guidelines issued by the Minister under this section must be published in the Government Gazette.\n\nS. 35C inserted by No. 51/2024 s. 12.\n\n","sortOrder":122},{"sectionNumber":"35C","sectionType":"section","heading":"Collection, use and disclosure of information","content":"\t35C Collection, use and disclosure of information\n\n(1) The Regulator or a licensing inspector may collect information about an applicant or licensee, or an associate of an applicant or licensee, for the purpose of performing the functions of the Regulator or licensing inspector under this Act.\n\n(2) The Regulator or a licensing inspector may use or disclose information referred to in subsection (1)—\n\n(a) for the purpose of performing the functions of the Regulator or licensing inspector—\n\n(i) under this Act; or\n\n(ii) under the Public Health (Tobacco and Other Products) Act 2023 or Therapeutic Goods Act 1989 of the Commonwealth; or\n\n(b) to a court or tribunal in the course of legal proceedings; or\n\n(c) in accordance with an order of a court or tribunal; or\n\n(d) to the extent reasonably required to enable the investigation or the enforcement of a law of Victoria or of any other State or Territory or of the Commonwealth; or\n\n(e) to a person performing licensing functions under a corresponding law for the purpose of performing those functions; or\n\n(f) with the written authority of the person to whom the information relates.\n\n(3) The Chief Commissioner of Police may disclose to the Regulator any information, including personal information and law enforcement data, that the Chief Commissioner of Police considers is reasonably necessary to enable the Regulator to perform the Regulator's functions under this Act.\n\n(4) In this section—\n\n***law enforcement data*** has the meaning given by section 3 of the **Privacy and Data Protection Act 2014**;\n\n***personal information*** has the meaning given by section 3 of the **Privacy and Data Protection Act 2014**.\n\nDivision 2—Licensing inspectors\n\nS. 35D inserted by No. 51/2024 s. 12.\n\n","sortOrder":123},{"sectionNumber":"35D","sectionType":"section","heading":"Appointment of licensing inspectors","content":"\t35D Appointment of licensing inspectors\n\n(1) Subject to subsection (2), the Regulator, by instrument, may appoint as a licensing inspector a person employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) Before appointing a person as a licensing inspector, the Regulator must be satisfied that the person has the necessary skills, training and expertise to perform the functions and duties, and exercise the powers, of a licensing inspector under this Act.\n\n(3) The instrument of appointment of a licensing inspector may—\n\n(a) specify the functions, duties and powers that may be performed or exercised by the licensing inspector under this Act; and\n\n(b) specify that the appointment is subject to any conditions that the Regulator considers appropriate.\n\nS. 35E inserted by No. 51/2024 s. 12.\n\n","sortOrder":124},{"sectionNumber":"35E","sectionType":"section","heading":"Criminal records check","content":"\t35E Criminal records check\n\n(1) The Regulator may require a person under consideration for appointment as a licensing inspector to consent to having the person's photograph, finger prints and palm prints taken.\n\n(2) The Regulator must refer a copy of any photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police.\n\n(3) The Chief Commissioner of Police must inquire into and report to the Regulator on matters relating to whether the person under consideration is of good repute, having regard to character, honesty and integrity.\n\n(4) The Chief Commissioner of Police must ensure that—\n\n(a) any copies of photographs, finger prints and palm prints and any supporting documentation received under subsection (2) are destroyed—\n\n(i) within 28 days after they are no longer required in connection with the Chief Commissioner's inquiry and report under subsection (3); or\n\n(ii) no later than 6 months from the date they were received—\n\nwhichever is the earlier; and\n\n(b) the person to whom they relate is notified of the destruction as soon as practicable.\n\n(5) The Regulator must ensure that—\n\n(a) any photographs, finger prints or palm prints taken under subsection (1) are destroyed—\n\n(i) within 28 days after they are no longer required in connection with the consideration of the person's appointment as a licensing inspector; or\n\n(ii) no later than 6 months from the date they were taken—\n\nwhichever is the earlier; and\n\n(b) the person to whom they relate is notified of the destruction as soon as practicable.\n\nS. 35F inserted by No. 51/2024 s. 12.\n\n","sortOrder":125},{"sectionNumber":"35F","sectionType":"section","heading":"Functions and powers of licensing inspectors","content":"\t35F Functions and powers of licensing inspectors\n\n(1) Subject to the instrument of appointment, a licensing inspector has the following functions—\n\n(a) any functions conferred on a licensing inspector under this Act or the regulations;\n\n(b) without limiting paragraph (a), to promote, monitor and enforce compliance by tobacco supply businesses with this Act and the regulations;\n\n(c) any other functions conferred on a licensing inspector under any other Act or regulations made under any other Act.\n\n(2) Subject to the instrument of appointment, a licensing inspector has all the powers necessary to perform the licensing inspector's functions.\n\n(3) Without limiting subsection (2), a licensing inspector may—\n\n(a) with the approval of the Regulator, bring proceedings for offences against this Act or the regulations; and\n\n(b) appear personally or be represented by an Australian lawyer in any proceedings the licensing inspector has become involved in as a consequence of performing the functions of a licensing inspector.\n\nS. 35G inserted by No. 51/2024 s. 12.\n\n","sortOrder":126},{"sectionNumber":"35G","sectionType":"section","heading":"Identity card","content":"\t35G Identity card\n\n(1) The Regulator must issue an identity card to each licensing inspector.\n\n(2) The identity card must bear a photograph and the name and signature of the licensing inspector.\n\n(3) In the course of performing a function or exercising a power, a licensing inspector must, if requested to do so by a person affected by the performance of the function or exercise of the power, produce the licensing inspector's identity card for inspection by the person, unless to do so would defeat the purpose for which the function or power is to be performed or exercised.\n\nPenalty: 10 penalty units.\n\nPt 3AAB Div. 3 (Heading and ss 35H–35ZB) inserted by No. 51/2024 s. 37.\n\nDivision 3—General inspection and enforcement powers\n\nS. 35H inserted by No. 51/2024 s. 37.\n\n","sortOrder":127},{"sectionNumber":"35H","sectionType":"section","heading":"Power to require names and addresses","content":"\t35H Power to require names and addresses\n\n(1) A licensing inspector may request a person to state the person's name and address if the licensing inspector believes on reasonable grounds that the person has committed, is committing or is about to commit a licensing offence.\n\n(2) A licensing inspector who makes a request under subsection (1) must inform the person of the grounds for the licensing inspector's belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.\n\n(3) A person must not, in response to a request made by a licensing inspector in accordance with this section—\n\n(a) refuse or fail to comply with the request; or\n\n(b) state a name that is false in a material particular; or\n\n(c) state an address other than the full and correct address of the person's ordinary place of residence or business.\n\nPenalty: 20 penalty units.\n\nS. 35I inserted by No. 51/2024 s. 37.\n\n","sortOrder":128},{"sectionNumber":"35I","sectionType":"section","heading":"Right of entry","content":"\t35I Right of entry\n\n(1) A licensing inspector may enter and remain on premises for the purposes of performing functions or exercising powers as a licensing inspector.\n\n(2) The power of entry may be exercised—\n\n(a) in the case of licensed tobacco premises or any vehicle used in connection with licensed tobacco premises—\n\n(i) at any time during ordinary business hours, whether or not the licensed tobacco premises are open to the public; or\n\n(ii) at any other time when the licensed tobacco premises are open to the public; or\n\n(iii) at any time, if the licensing inspector reasonably suspects that a licensing offence is being or has been committed on or in, or in relation to, the licensed tobacco premises or vehicle; or\n\n(iv) at any time, with the written consent under section 35J of the occupier of the licensed tobacco premises or vehicle or, if there is no occupier, the owner of the licensed tobacco premises or vehicle; or\n\n(b) in the case of premises other than licensed tobacco premises or a vehicle used in connection with licensed tobacco premises—\n\n(i) at any time when the premises are open to the public; or\n\n(ii) at any time, with the written consent under section 35J of the occupier of the premises or, if there is no occupier, the owner of the premises.\n\n(3) If no person is present at licensed tobacco premises or in a vehicle when a licensing inspector exercises a power of entry in the circumstances set out in subsection (2)(a)(i), (ii) or (iii), the licensing inspector, on leaving the licensed tobacco premises or vehicle, must leave a notice setting out—\n\n(a) the time of entry; and\n\n(b) the purpose of entry; and\n\n(c) a description of all things done while on the premises or in the vehicle; and\n\n(d) the time of departure; and\n\n(e) the procedure for contacting the licensing inspector or the Regulator for further details of the entry.\n\n(4) Subsection (3) does not apply if the licensed tobacco premises or vehicle are abandoned or vacant.\n\n***ordinary business hours***, in relation to premises, means any time between 9 00 a.m. and 5 00 p.m. on Monday to Friday, other than on a public holiday or public half holiday in the place in which the licensed tobacco premises or vehicle are located.\n\nS. 35J inserted by No. 51/2024 s. 37.\n\n","sortOrder":129},{"sectionNumber":"35J","sectionType":"section","heading":"Entry with consent of owner or occupier","content":"\t35J Entry with consent of owner or occupier\n\n(1) A licensing inspector must not enter any premises with the consent of the occupier or owner unless, before the occupier or owner consents to that entry, the licensing inspector—\n\n(a) has produced the licensing inspector's identity card for inspection; and\n\n(b) has informed the occupier or owner—\n\n(i) of the purpose of the entry; and\n\n(ii) that the occupier or owner may refuse to give consent to the entry or to the seizure of anything found on the premises; and\n\n(iii) that the occupier or owner may refuse to consent to the taking of any copy or extract from a document found on the premises; and\n\n(iv) that anything seized or taken with the consent of the occupier or owner may be used in evidence in proceedings.\n\n(2) If an occupier or owner consents to an entry, the licensing inspector who requested consent must before entering the premises ask the occupier or owner to sign an acknowledgment in the prescribed form stating—\n\n(a) that the occupier or owner has been informed of the purpose of the entry and that anything seized or taken with the consent of the occupier or owner may be used in evidence in proceedings; and\n\n(b) that the occupier or owner has been informed that the occupier or owner may refuse to give consent to the entry; and\n\n(c) that the occupier or owner has consented to the entry; and\n\n(d) the date and time that the occupier or owner consented.\n\n(3) If an occupier or owner consents to the seizure or taking of anything found on the premises, the licensing inspector must before seizing or taking the thing ask the occupier or owner to sign an acknowledgment stating—\n\n(a) that the occupier or owner has consented to the seizure or taking of the thing; and\n\n(b) the date and time that the occupier or owner consented.\n\n(4) An occupier or owner who signs an acknowledgment must be given a copy of the signed acknowledgment before the licensing inspector leaves the premises.\n\n(5) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier or owner did not consent to the entry or to the seizure or the taking of the thing.\n\nS. 35K inserted by No. 51/2024 s. 37.\n\n","sortOrder":130},{"sectionNumber":"35K","sectionType":"section","heading":"Powers of licensing inspectors","content":"\t35K Powers of licensing inspectors\n\n(1) A licensing inspector may exercise a power under this section only—\n\n(a) for the purpose of monitoring compliance with a relevant provision; or\n\n(b) if the licensing inspector believes on reasonable grounds that a licensing offence is being or has been committed.\n\n(2) A licensing inspector may do any one or more of the following—\n\n(a) require any person in possession of, or having control of, any document, equipment, tobacco product, vaping goods or other thing relating to an activity regulated by a relevant provision to produce the document, equipment, product, goods or other thing for inspection and to answer questions or provide information relating to the document, equipment, product, goods or other thing;\n\n(b) inspect any document, equipment, product, goods or other thing referred to in paragraph (a);\n\n(c) take copies of, extracts from, or notes relating to, any document inspected under paragraph (b);\n\n(d) if the licensing inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of a licensing offence, seize any document, equipment, tobacco product, vaping goods or other thing;\n\n(e) by written notice require—\n\n(i) a licensee, a person who is required to hold a licence or any other person who is undertaking or involved in an activity regulated by a relevant provision; or\n\n(ii) an employee of a person referred to in subparagraph (i); or\n\n(iii) any other person associated with operations or their management on premises the licensing inspector is authorised to enter—\n\nto attend before the licensing inspector at a specified time or place and answer questions, or to provide information within a reasonable period specified in the notice, with respect to any activity regulated by a relevant provision.\n\n(3) A licensing inspector may be assisted by any person in exercising a power under this section.\n\n(4) A licensing inspector who seizes anything under this section must give a receipt for the thing to the person from whom it was seized as soon as practicable after the seizure unless, in the case of a document, a copy is given to the person under section 35Q(2).\n\n***relevant provision*** means a provision of—\n\n(c) this Part; or\n\n(d) any regulations made for the purposes of a provision referred to in paragraph (a), (b) or (c).\n\nS. 35L inserted by No. 51/2024 s. 37.\n\n","sortOrder":131},{"sectionNumber":"35L","sectionType":"section","heading":"Licensing search warrants","content":"\t35L Licensing search warrants\n\n(1) A licensing inspector, with the written approval of the Regulator, or a police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the licensing inspector or police officer believes on reasonable grounds that there is likely to be on the premises any document, equipment, tobacco product, vaping goods or other thing that may be evidence of a licensing offence.\n\n(2) If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the licensing inspector or police officer that there are reasonable grounds to believe that there is likely to be on the premises any document, equipment, tobacco product, vaping goods or other thing that may be evidence of a licensing offence, the magistrate may issue a search warrant, in accordance with the **Magistrates' Court Act 1989**, authorising a licensing inspector or police officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—\n\n(a) to enter the premises specified in the warrant, if necessary by force; and\n\n(b) to do all or any of the following—\n\n(i) search for;\n\n(ii) seize;\n\n(iii) secure against interference;\n\n(iv) inspect and make copies of, or take extracts from—\n\nany document, equipment, tobacco product, vaping goods or other thing of a particular kind named or described in the warrant and which the licensing inspector or police officer believes, on reasonable grounds, to be connected with the alleged licensing offence.\n\n(3) A licensing search warrant must state—\n\n(a) the purpose for which the search is required and the nature of the alleged licensing offence; and\n\n(b) any conditions to which the warrant is subject; and\n\n(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and\n\n(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(4) Except as provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to licensing search warrants.\n\nS. 35M inserted by No. 51/2024 s. 37.\n\n","sortOrder":132},{"sectionNumber":"35M","sectionType":"section","heading":"Announcement before entry","content":"\t35M Announcement before entry\n\n(1) On executing a licensing search warrant, the licensing inspector or police officer executing the warrant or a person assisting the licensing inspector or police officer—\n\n(a) must announce that the licensing inspector, police officer or person is authorised by the warrant to enter the premises; and\n\n(b) if the licensing inspector, police officer or person has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.\n\n(2) A licensing inspector, police officer or person assisting need not comply with subsection (1) if the licensing inspector, police officer or person believes, on reasonable grounds, that immediate entry to the premises is required to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\nS. 35N inserted by No. 51/2024 s. 37.\n\n","sortOrder":133},{"sectionNumber":"35N","sectionType":"section","heading":"Copy of warrant to be given to occupier or other person present or notice left on premises","content":"\t35N Copy of warrant to be given to occupier or other person present or notice left on premises\n\n(1) If the occupier is present at premises where a licensing search warrant is being executed, the licensing inspector or police officer must—\n\n(a) identify themselves to the occupier; and\n\n(b) give a copy of the warrant to the occupier.\n\n(2) If the occupier is not present at premises where a licensing search warrant is being executed, the licensing inspector or police officer must—\n\n(a) identify themselves to a person at the premises; and\n\n(b) give a copy of the warrant to the person.\n\n(3) If no person is present at premises where a licensing search warrant is being executed, the licensing inspector or police officer, on leaving the premises, must leave a notice setting out—\n\n(a) the time of entry; and\n\n(b) the purpose of entry; and\n\n(c) a description of all things done while on the premises; and\n\n(d) the time of departure; and\n\n(e) the procedure for contacting the licensing inspector or police officer or the Regulator for further details of the entry.\n\n(4) Subsection (3) does not apply if the premises are abandoned or vacant.\n\nS. 35O inserted by No. 51/2024 s. 37.\n\n","sortOrder":134},{"sectionNumber":"35O","sectionType":"section","heading":"Seizure of things not mentioned in the warrant","content":"\t35O Seizure of things not mentioned in the warrant\n\nA licensing search warrant authorises a licensing inspector or police officer executing it, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if the licensing inspector or police officer believes on reasonable grounds that—\n\n(a) the thing is of a kind which could have been included in a licensing search warrant and will afford evidence of a licensing offence; and\n\n(b) it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of a licensing offence.\n\nS. 35P inserted by No. 51/2024 s. 37.\n\n","sortOrder":135},{"sectionNumber":"35P","sectionType":"section","heading":"Use or seizure of electronic equipment at premises","content":"\t35P Use or seizure of electronic equipment at premises\n\n(1) If—\n\n(a) a thing found at any premises under this Division is, or includes, a disk, tape or other device for the storage of information; and\n\n(b) equipment at the premises may be used with the disk, tape or other storage device; and\n\n(c) the licensing inspector or police officer believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to furthering the purpose of the licensing inspector's or police officer's inspection—\n\nthe licensing inspector or police officer, or a person assisting the licensing inspector or police officer, may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information.\n\n(2) If the licensing inspector or police officer, or a person assisting the licensing inspector or police officer, finds that a disk, tape or other storage device at the premises contains information of the kind referred to in subsection (1)(c), the licensing inspector, police officer or person may—\n\n(a) put the information in documentary form and seize the documents so produced; or\n\n(b) copy the information to another disk, tape or other storage device and remove that storage device from the premises; or\n\n(c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.\n\n(3) A licensing inspector or police officer, or a person assisting a licensing inspector or police officer, must not operate or seize equipment for the purpose mentioned in this section unless the licensing inspector, police officer or person believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.\n\nS. 35Q inserted by No. 51/2024 s. 37.\n\n","sortOrder":136},{"sectionNumber":"35Q","sectionType":"section","heading":"Retention and return of things seized","content":"\t35Q Retention and return of things seized\n\n(a) a licensing inspector seizes anything under section 35K; or\n\n(b) a licensing inspector or police officer seizes anything under a licensing search warrant.\n\n(2) Subject to this section, the licensing inspector or police officer may retain the thing until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but only if, in the case of a document, the person from whom the document was seized is given, as soon as practicable after the seizure, a copy of the document certified by an authorised person as a true copy.\n\n(3) A copy of a document certified under subsection (2) is, as evidence, of equal validity to the original.\n\n(4) Subsection (2) ceases to have effect in relation to the thing if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are commenced so orders.\n\n(5) If the thing has not been returned within 3 months after it was seized, the licensing inspector or police officer must take reasonable steps to return it unless—\n\n(a) proceedings referred to in subsection (2) have commenced; or\n\n(b) the Magistrates' Court makes an order under section 35R extending the period during which the thing may be retained; or\n\n(c) a forfeiture notice has been given under section 37A(1) in relation to the thing.\n\nS. 35R inserted by No. 51/2024 s. 37.\n\n","sortOrder":137},{"sectionNumber":"35R","sectionType":"section","heading":"Magistrates' Court may extend 3 month period","content":"\t35R Magistrates' Court may extend 3 month period\n\n(a) a licensing inspector seizes anything under section 35K; or\n\n(b) a licensing inspector or police officer seizes anything under a licensing search warrant.\n\n(2) The licensing inspector or police officer may apply to the Magistrates' Court—\n\n(a) within 3 months after seizing the thing; or\n\n(b) if an extension has been granted under this section, before the end of the period of the extension—\n\nfor an extension (not exceeding 3 months) of the period for which the licensing inspector or police officer may retain the document or thing but so that the total period of retention does not exceed 12 months.\n\n(3) The Magistrates' Court may order such an extension if it is satisfied that—\n\n(a) it is in the interests of justice; and\n\n(b) the total period of retention does not exceed 12 months; and\n\n(c) retention of the document or other thing is necessary—\n\n(i) for the purposes of an investigation into whether a licensing offence has been committed; or\n\n(ii) to enable evidence of a licensing offence to be obtained for the purposes of a proceeding under this Act.\n\n(4) At least 7 days before the hearing of an application under this section, notice of the application must be sent to the owner of the thing described in the application.\n\nS. 35S inserted by No. 51/2024 s. 37.\n\n","sortOrder":138},{"sectionNumber":"35S","sectionType":"section","heading":"Offence to fail to produce, attend or answer questions","content":"\t35S Offence to fail to produce, attend or answer questions\n\n(a) fail, without reasonable excuse, to produce for inspection any document, equipment, tobacco product, vaping goods or other thing in the possession or under the control of the person when required to do so by a licensing inspector under this Division; or\n\n(b) fail, without reasonable excuse, to attend before an authorised person and answer questions or supply information when required to do so by a licensing inspector under this Division.\n\nS. 35T inserted by No. 51/2024 s. 37.\n\n","sortOrder":139},{"sectionNumber":"35T","sectionType":"section","heading":"Offence to give false or misleading information","content":"\t35T Offence to give false or misleading information\n\n(a) give information to a licensing inspector under this Division that the person knows to be false or misleading in any material particular; or\n\n(b) produce a document to a licensing inspector under this Division that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.\n\nS. 35U inserted by No. 51/2024 s. 37.\n\n","sortOrder":140},{"sectionNumber":"35U","sectionType":"section","heading":"Offence to prevent another person from complying","content":"\t35U Offence to prevent another person from complying\n\nA person must not prevent, directly or indirectly, a person from—\n\n(a) attending before a licensing inspector; or\n\n(b) producing to a licensing inspector any document, equipment, tobacco product, vaping goods or other thing; or\n\n(c) answering any question of, or supplying any information to, a licensing inspector—\n\nwhen that person is required to do so under this Division.\n\nS. 35V inserted by No. 51/2024 s. 37.\n\n","sortOrder":141},{"sectionNumber":"35V","sectionType":"section","heading":"Offence to take things seized or fail to comply with directions as to use of equipment","content":"\t35V Offence to take things seized or fail to comply with directions as to use of equipment\n\n(1) A person must not, except with the permission of a licensing inspector, take any document, equipment, tobacco product, vaping goods or other thing seized or retained by a licensing inspector under this Division.\n\n(2) A person must not fail to comply with a direction of a licensing inspector to cease to have available for use any equipment considered by the licensing inspector to be unsatisfactory for use.\n\nS. 35W inserted by No. 51/2024 s. 37.\n\n","sortOrder":142},{"sectionNumber":"35W","sectionType":"section","heading":"Offence to hinder or obstruct licensing inspector","content":"\t35W Offence to hinder or obstruct licensing inspector\n\nA person must not, without reasonable excuse, hinder or obstruct a licensing inspector who is exercising a power under this Division.\n\nS. 35X inserted by No. 51/2024 s. 37.\n\n","sortOrder":143},{"sectionNumber":"35X","sectionType":"section","heading":"Offence to intimidate, threaten or assault licensing inspector","content":"\t35X Offence to intimidate, threaten or assault licensing inspector\n\nA person must not intimidate, threaten or assault a licensing inspector who is exercising a power under this Division.\n\nPenalty: 60 penalty units or imprisonment for 6 months.\n\nS. 35Y inserted by No. 51/2024 s. 37.\n\n","sortOrder":144},{"sectionNumber":"35Y","sectionType":"section","heading":"Offence to impersonate licensing inspector","content":"\t35Y Offence to impersonate licensing inspector\n\nA person who is not a licensing inspector must not, in any way, hold themselves out to be a licensing inspector.\n\nS. 35Z inserted by No. 51/2024 s. 37.\n\n","sortOrder":145},{"sectionNumber":"35Z","sectionType":"section","heading":"Offence to refuse or fail to comply with requirement","content":"\t35Z Offence to refuse or fail to comply with requirement\n\nA person must not, without reasonable excuse, refuse or fail to comply with a requirement of a licensing inspector under this Part.\n\nS. 35ZA inserted by No. 51/2024 s. 37.\n\n\t35ZA Protection against self‑incrimination\n\n(1) Subject to subsection (2), it is a reasonable excuse for a natural person to refuse or fail to answer a question, give information or do any other thing that the person is required to do by or under this Division, if the answering of the question, the giving of the information or the doing of that other thing would tend to incriminate the person.\n\n(2) It is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Division.\n\n(3) A document produced by a natural person in accordance with a requirement to produce by or under this Division that would tend to incriminate the person is not admissible in evidence against the person in a criminal proceeding unless—\n\n(a) the person is required by law to keep the document; or\n\n(b) the proceeding is in respect of false or misleading information included in the document.\n\nS. 35ZB inserted by No. 51/2024 s. 37.\n\n\t35ZB Forfeiture of seized tobacco products\n\n(a) either—\n\n(i) a licensing inspector seizes a tobacco product under section 35K; or\n\n(ii) a licensing inspector or police officer seizes a tobacco product under a licensing search warrant; and\n\n(b) the tobacco product is used in evidence in a proceeding against a person for an offence against this Act; and\n\n(c) the person is found guilty of the offence.\n\n(2) Unless the court before which the person is found guilty orders otherwise, the tobacco—\n\n(a) is forfeited to the State; and\n\n(b) must be destroyed or otherwise disposed in accordance with an order of the court.\n\nPt 3AAB Div. 4 (Heading and ss 35ZC–35ZF) inserted by No. 51/2024 s. 37.\n\nDivision 4—Improvement notices\n\nS. 35ZC inserted by No. 51/2024 s. 37.\n\n\t35ZC Issue of improvement notice\n\n(1) The Regulator may issue a licensee with an improvement notice if the Regulator reasonably believes that the licensee—\n\n(a) is contravening, has contravened or is likely to contravene a relevant provision; or\n\n(b) is not complying, has not complied or is likely not to comply with a condition of the licence.\n\n(2) An improvement notice may require the licensee to whom it is issued to take any action that the Regulator reasonably considers necessary to remedy—\n\n(a) the contravention or non‑compliance; or\n\n(b) the matters or activities that are causing the contravention or non‑compliance.\n\n(3) An improvement notice must—\n\n(a) state the name and address of the licensee to whom the notice is issued; and\n\n(b) state the relevant provision to which the contravention, or the licence condition to which the non‑compliance, relates and the conduct constituting the contravention or non‑compliance; and\n\n(c) specify the actions that the licensee must take to comply with the notice; and\n\n(d) specify the period within which the licensee must comply with the notice; and\n\n(e) set out the penalty for failing to comply with the notice; and\n\n(f) specify how the licensee may seek review of the decision to issue the notice; and\n\n(g) include a statement to the effect of subsection (5); and\n\n(h) include any prescribed matters.\n\n(4) An improvement notice may require the licensee to whom it is issued—\n\n(a) to give a copy of the notice to a person, or persons of a class, specified in the notice; or\n\n(b) to cause a copy of the notice to be displayed (whether in physical or electronic form) in a manner specified in the notice.\n\n(5) The issuing, variation, revocation or withdrawal of an improvement notice does not affect any proceeding for an offence in connection with any matter in respect of which the notice is or was issued.\n\n***relevant provision*** means a provision of—\n\n(c) this Part; or\n\n(d) any regulations made for the purposes of a provision referred to in paragraph (a), (b) or (c).\n\nS. 35ZD inserted by No. 51/2024 s. 37.\n\n\t35ZD Non‑compliance with improvement notice\n\nA licensee to whom an improvement notice is issued must not, without reasonable excuse, fail to comply with that notice.\n\nPenalty: In the case of a natural person, 240 penalty units;\n\nIn the case of a body corporate, 1200 penalty units.\n\nS. 35ZE inserted by No. 51/2024 s. 37.\n\n\t35ZE Variation and withdrawal of improvement notice\n\nThe Regulator, by written notice to a licensee—\n\n(a) may at any time vary or withdraw an improvement notice issued to the licensee; and\n\n(b) must withdraw the improvement notice if the Regulator is satisfied that the licensee has fully complied with it.\n\nS. 35ZF inserted by No. 51/2024 s. 37.\n\n\t35ZF Review by VCAT\n\n(1) A licensee may apply to VCAT for review of a decision—\n\n(a) to issue an improvement notice to the licensee; or\n\n(b) to vary an improvement notice issued to the licensee.\n\n(2) An application under subsection (1) must be made within 28 days after the later of—\n\n(a) the day on which the decision is made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the licensee requests a statement of reasons for the decision, the day on which the statement of reasons is given to the licensee or the licensee is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nPt 3AAB Div. 5 (Heading and ss 35ZG–35ZN) inserted by No. 51/2024 s. 37.\n\nDivision 5—Enforceable undertakings\n\nS. 35ZG inserted by No. 51/2024 s. 37.\n\n\t35ZG Definition\n\nIn this Division—\n\n***contravention*** means a contravention or alleged contravention of this Act or the regulations, or any other Act or regulations made under any other Act.\n\nS. 35ZH inserted by No. 51/2024 s. 37.\n\n\t35ZH Regulator may accept enforceable undertaking\n\n(1) The Regulator may accept an enforceable undertaking from a person in connection with any matter the Regulator has a function or power in relation to by operation of this Act.\n\nFor the Regulator's general functions and powers see section 35.\n\n(2) An enforceable undertaking must—\n\n(a) be in writing; and\n\n(b) state the name and address of the person offering the undertaking; and\n\n(c) specify the day on which the undertaking commences; and\n\n(d) specify the actions or measures to be undertaken by the person under the undertaking; and\n\n(e) specify the day by which, or the period within which, those actions or measures must be taken; and\n\n(f) set out any other matters agreed between the Regulator and the person in relation to the undertaking; and\n\n(g) include any prescribed matters.\n\n(3) The Regulator may publish an enforceable undertaking on the Regulator's website.\n\n(4) A person may withdraw or vary an enforceable undertaking with the consent of the Regulator.\n\nS. 35ZI inserted by No. 51/2024 s. 37.\n\n\t35ZI Enforcement\n\n(1) The Regulator may apply to the Magistrates' Court for an enforcement order under subsection (2) if the Regulator considers that a person has breached an enforceable undertaking.\n\n(2) If the Magistrates' Court is satisfied a person has breached an enforceable undertaking, the Magistrates' Court may make any of the following orders—\n\n(a) an order directing the person to comply with the enforceable undertaking;\n\n(b) an order that the person take any specified action for the purpose of complying with the enforceable undertaking;\n\n(c) an order revoking the enforceable undertaking;\n\n(d) any other order that the Magistrates' Court considers appropriate in the circumstances.\n\nS. 35ZJ inserted by No. 51/2024 s. 37.\n\n\t35ZJ Regulator may take specified action\n\n(1) If a person fails to comply with an order to take any specified action made under section 35ZI(2), the Regulator may take the specified action.\n\n(2) The Regulator must not take any specified action under subsection (1) unless—\n\n(a) the Regulator gives the person written notice advising that the Regulator intends to take the specified action; and\n\n(b) the Regulator invites the person to provide the following within a specified period, being 10 business days after the day the notice is given—\n\n(i) proof that satisfies the Regulator that the person has taken the specified action;\n\n(ii) such reasons that satisfy the Regulator that the person will carry out the specified action within a period specified by the Regulator as acceptable for carrying out the specified action; and\n\n(c) the person given the notice fails to—\n\n(i) carry out the specified action within 10 business days after the day the notice is given or the final day of the period specified by the Regulator as acceptable for carrying out the specified action (whichever is the later); or\n\n(ii) give the Regulator a response satisfying the Regulator that the person will carry out the specified action within 10 business days after the day the notice is given or the final day of the period specified by the Regulator as acceptable for carrying out the specified action (whichever is the later).\n\n(3) In taking any action under subsection (1), the Regulator—\n\n(a) may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that is still practicable; and\n\n(b) may publicise the failure of the person to comply with the order.\n\n(4) The Regulator may recover any cost reasonably incurred in taking specified actions under this section as a debt due and payable by the person against whom the order was made under section 35ZI(2).\n\nS. 35ZK inserted by No. 51/2024 s. 37.\n\n\t35ZK No criminal proceedings while enforceable undertaking in force\n\nIf the Regulator accepts an enforceable undertaking in relation to a contravention while the enforceable undertaking is in force, the Regulator must not commence criminal proceedings for an offence that is constituted by the contravention.\n\nS. 35ZL inserted by No. 51/2024 s. 37.\n\n\t35ZL Proceedings following withdrawal of enforceable undertaking\n\nIf the Regulator accepts an enforceable undertaking in relation to a contravention and the person withdraws the enforceable undertaking before the Regulator is satisfied the enforceable undertaking has been complied with, the Regulator may commence proceedings for any offence that is constituted by the contravention.\n\nS. 35ZM inserted by No. 51/2024 s. 37.\n\n\t35ZM No further proceedings if enforceable undertaking is complied with\n\nIf the Regulator accepts an enforceable undertaking in relation to a contravention and the Regulator is satisfied the enforceable undertaking has been complied with, the Regulator must not commence criminal proceedings for an offence that is constituted by the contravention.\n\nS. 35ZN inserted by No. 51/2024 s. 37.\n\n\t35ZN Contempt of court\n\n(1) Nothing in section 35ZI prevents the commencement or continuation of contempt of court proceedings against a person who fails to comply with an order under section 35ZI(2).\n\n(2) If a person is found in contempt of court for failing to comply with an order under section 35ZI(2), the Regulator—\n\n(a) may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that is still practicable; and\n\n(b) may publicise the failure of the person to comply with the order.\n\n(3) The Regulator may recover any costs reasonably incurred in taking a specified action under this section as a debt due and payable by the person against whom the order was made under section 35ZI(2).\n\nPt 3A (Heading and ss 36–36T) inserted by No. 43/2000 s. 15.\n\nPart 3A—Inspectors and powers of inspectors\n\nNew s. 36 inserted by No. 43/2000 s. 15.\n\n\t36 Appointment of persons as inspectors\n\nThe Secretary may, by instrument, appoint as an inspector—\n\nS. 36(a) amended by No. 9/2020 s. 390(Sch. 1 item 102).\n\n(a) a person nominated by the Chief Executive Officer of a council within the meaning of the **Local Government Act 2020** and employed by, or providing services to, that council;\n\nS. 36(b) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 204.2), 13/2022 s. 57(1).\n\n(b) an employee or member of a class of employees employed under Part 3 of the **Public Administration Act 2004**;\n\nS. 36(c) inserted by No. 13/2022 s. 57(2).\n\n(c) an authorised officer appointed under section 224 of the **Local Government Act 1989** by a Council whose municipal district is in the proximity of an alpine resort within the meaning of the **Alpine Resorts Act 1983**;\n\nS. 36(d) inserted by No. 13/2022 s. 57(2).\n\n(d) any other person engaged by the Secretary or seconded to assist the Secretary in performing the Secretary's functions under this Act.\n\nS. 36AA inserted by No. 13/2022 s. 58.\n\n\t36AA Inspectors appointed under section 36\n\n(1) Before appointing a person as an inspector under section 36, the Secretary must be satisfied that the person has the necessary skills, training and expertise to perform the functions and duties, and exercise the powers, of an inspector under this Act.\n\n(2) An inspector appointed under section 36(c) may perform the functions and duties, or exercise the powers, of an inspector under this Act in relation to an alpine resort that is specified in the instrument of appointment.\n\n(3) The instrument of appointment of an inspector under section 36(c) may—\n\n(a) specify the functions, duties and powers that may be performed or exercised by the inspector under this Act; and\n\n(b) specify that the appointment is subject to any conditions that the Secretary considers appropriate.\n\n(4) The Secretary may direct an inspector appointed under section 36(c) or (d) in the performance of the inspector's functions and duties, or in the exercise of the inspector's powers, under this Act.\n\nS. 36A inserted by No. 43/2000 s. 15.\n\n","sortOrder":146},{"sectionNumber":"36A","sectionType":"section","heading":"Inspector's identity card","content":"\t36A Inspector's identity card\n\n(1) The Secretary must issue an identity card to each inspector.\n\n(2) An identity card must contain a photograph of the inspector to whom it is issued.\n\nS. 36B inserted by No. 43/2000 s. 15.\n\n","sortOrder":147},{"sectionNumber":"36B","sectionType":"section","heading":"Production of identity card","content":"\t36B Production of identity card\n\nS. 36B(1) substituted by No. 51/2024 s. 13.\n\n(1) In the course of performing a function or exercising a power under this Part, an inspector must, if requested to do so by a person affected by the performance of the function or exercise of the power, produce the inspector's identity card for inspection by the person, unless to do so would defeat the purpose for which the function or power is to be performed or exercised.\n\nPenalty: 10 penalty units.\n\nS. 36B(2) amended by No. 28/2001 s. 13.\n\n(2) This section does not apply to the exercise of a power under section 36E(1).\n\nS. 36C inserted by No. 43/2000 s. 15.\n\n","sortOrder":148},{"sectionNumber":"36C","sectionType":"section","heading":"Power to require names and addresses","content":"\t36C Power to require names and addresses\n\nS. 36C(1) substituted by No. 51/2024 s. 38(1).\n\n(1) An inspector may request a person to state the person's name and address if the inspector believes on reasonable grounds that the person has committed, is committing or is about to commit an offence against a provision of this Act or the regulations other than an offence against section 5S or 5T(2) or a provision of Part 3AA or 3AAB.\n\n(2) An inspector who makes a request under subsection (1) must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.\n\nS. 36C(3) amended by No. 51/2024 s. 38(2).\n\n(3) A person must not, in response to a request made by an inspector in accordance with this section—\n\n(a) refuse or fail to comply with the request; or\n\n(b) state a name that is false in a material particular; or\n\n(c) state an address other than the full and correct address of his or her ordinary place of residence or business.\n\n1. 20 penalty units.\n\nS. 36C(4)(5) repealed by No. 51/2024 s. 38(3).\n\nS. 36D (Heading) inserted by No. 65/2014 s. 12(1).\n\nS. 36D inserted by No. 43/2000 s. 15.\n\n","sortOrder":149},{"sectionNumber":"36D","sectionType":"section","heading":"Entry or search with consent for investigation of suspected offences","content":"\t36D Entry or search with consent for investigation of suspected offences\n\nS. 36D(1) amended by Nos 49/2009 s. 40, 65/2014 s. 12(2), 51/2024 s. 39(1).\n\n(1) If an inspector believes, on reasonable grounds, that a person has contravened this Act, other than section 5RB, 5RC, 5RD, 5RE, 5RG or 5RI, Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations, the inspector, with the consent of the occupier of the premises—\n\n(a) may enter and search any premises;\n\n(b) may seize anything found on the premises which the inspector believes, on reasonable grounds, to be connected with the alleged contravention;\n\n(c) may inspect and make copies of, or take extracts from, any document found on the premises.\n\n(2) An inspector must not enter and search any premises with the consent of the occupier unless, before the occupier consents to that entry, the inspector—\n\n(a) has produced his or her identity card for inspection; and\n\n(b) has informed the occupier—\n\n(i) of the purpose of the search; and\n\n(ii) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and\n\n(iii) that the occupier may refuse to consent to the taking of any copy or extract from a document found on the premises during the search; and\n\n(iv) that anything seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.\n\n(3) If an occupier consents to an entry and search, the inspector who requested consent must before entering the premises ask the occupier to sign an acknowledgment in the prescribed form stating—\n\n(a) that the occupier has been informed of the purpose of the search and that anything seized or taken in the search with the consent of the occupier may be used in evidence in proceedings; and\n\n(b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and\n\n(c) that the occupier has consented to such an entry and search; and\n\n(d) the date and time that the occupier consented.\n\n(4) If an occupier consents to the seizure or taking of any thing during a search under this section, the inspector must before seizing or taking the thing ask the occupier to sign an acknowledgment stating—\n\n(a) that the occupier has consented to the seizure or taking of the thing; and\n\n(b) the date and time that the occupier consented.\n\n(5) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the inspector leaves the premises.\n\n(6) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure or the taking of the thing.\n\nS. 36E inserted by No. 43/2000 s. 15, amended by No. 28/2001 s. 14 (ILA s. 39B(1)).\n\n","sortOrder":150},{"sectionNumber":"36E","sectionType":"section","heading":"Entry of premises open to the public","content":"\t36E Entry of premises open to the public\n\nS. 36E(1) substituted by No. 65/2014 s. 13(1).\n\n(1) An inspector may enter and inspect any part of premises that, at the time of the entry and inspection, are open to the public.\n\nS. 36E(1A) inserted by No. 65/2014 s. 13(1).\n\n(1A) Without limiting an inspector's powers under subsection (1), an inspector may—\n\n(a) take photographs; and\n\nS. 36E(1A)(b) amended by Nos 55/2016 s. 9(22)(a), 51/2024 s. 68.\n\n(b) direct the occupier to remove any tobacco advertisement placed or displayed in the premises in contravention of this Act.\n\nS. 36E(2) inserted by No. 28/2001 s. 14, amended by Nos 65/2014 s. 13(2), 55/2016 s. 9(22)(a), 51/2024 s. 68.\n\n(2) After entering premises under subsection (1) that is a retail outlet or wholesale outlet, an inspector may inspect and measure any tobacco advertisement that is visible from the customer's side of the customer service area, whether or not the advertisement is in a part of the premises open to the public.\n\nS. 36EA inserted by No. 65/2014 s. 14.\n\n\t36EA Power to enter, inspect, monitor compliance and investigate\n\n(1) For the purposes of monitoring compliance with section 5RB(1)(a) or if an inspector believes on reasonable grounds that a person has contravened that section, an inspector may enter and inspect, without a warrant, education and care service premises while they are being used to provide an education and care service if—\n\n(2) For the purposes of monitoring compliance with section 5RB(1)(b) or if an inspector believes on reasonable grounds that a person has contravened that section, an inspector may enter and inspect, without a warrant, children's service premises while they are being used to provide a children's service if—\n\n(3) For the purposes of monitoring compliance with section 5RD(1) of the Act or if an inspector believes on reasonable grounds that a person has contravened that section, an inspector may enter and inspect, without a warrant, school premises at any time if—\n\n(4) An inspector must not enter and inspect any premises to which this section applies with the consent of the occupier unless, before the occupier consents to that entry, the inspector—\n\n(a) has produced the inspector's identity card for inspection; and\n\n(b) has informed the occupier—\n\n(i) of the purpose of the inspection; and\n\n(ii) that the occupier may refuse to give consent to the entry and inspection.\n\n(5) If an occupier consents to an entry and inspection, the inspector who requested consent must before entering the premises ask the occupier to sign an acknowledgement in the prescribed form stating—\n\n(a) that the occupier has been informed of the purpose of the inspection; and\n\n(b) that the occupier has been informed that the occupier may refuse to give consent to the entry and inspection; and\n\n(c) that the occupier has consented to such an entry and inspection; and\n\n(d) the date and time that the occupier consented.\n\n(6) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgement before the inspector leaves the premises.\n\n(7) If in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and inspection.\n\nS. 36F inserted by No. 43/2000 s. 15.\n\n","sortOrder":151},{"sectionNumber":"36F","sectionType":"section","heading":"Search warrants","content":"\t36F Search warrants\n\nS. 36F(1) amended by Nos 49/2009 s. 41(1), 51/2024 ss 20(a), 39(2).\n\n(1) An inspector, with the written approval of the Secretary or, if the inspector is an environmental health officer of a council or a person employed by, or providing services to, a council, with the written approval of the Chief Executive Officer of the council, or a police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the inspector or police officer believes on reasonable grounds that there is on the premises evidence that a person or persons may have contravened this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations.\n\nS. 36F(2) amended by Nos 49/2009 s. 41(2), 6/2018 s. 68(Sch. 2 item 125), 51/2024 ss 20(b), 39(2).\n\n(2) If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the inspector or police officer that there are reasonable grounds to believe that there is a thing or things of a particular kind connected with a contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations on any premises, the magistrate may issue a search warrant, in accordance with the **Magistrates' Court Act 1989**, authorising an inspector or a police officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—\n\n(a) to enter the premises specified in the warrant, if necessary by force; and\n\n(b) to do all or any of the following—\n\n(i) search for;\n\n(ii) seize;\n\n(iii) secure against interference;\n\n(iv) inspect and make copies of, or take extracts from—\n\na thing or things of a particular kind named or described in the warrant and which the inspector or police officer believes, on reasonable grounds, to be connected with the alleged contravention.\n\n(3) A search warrant issued under this section must state—\n\n(a) the purpose for which the search is required and the nature of the alleged contravention; and\n\n(b) any conditions to which the warrant is subject; and\n\n(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and\n\n(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(4) Except as provided by this Act, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\nS. 36G inserted by No. 43/2000 s. 15.\n\n","sortOrder":152},{"sectionNumber":"36G","sectionType":"section","heading":"Announcement before entry","content":"\t36G Announcement before entry\n\nS. 36G(1) amended by No. 51/2024 s. 21(a)(i).\n\n(1) On executing a search warrant, the inspector or police officer executing the warrant—\n\nS. 36G(1)(a) amended by No. 51/2024 s. 21(a)(ii).\n\n(a) must announce that the inspector or police officer is authorised by the warrant to enter the premises; and\n\nS. 36G(1)(b) amended by No. 51/2024 s. 21(a)(iii).\n\n(b) if the inspector or police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.\n\nS. 36G(2) amended by No. 51/2024 s. 21(b), substituted by No. 51/2024 s. 40.\n\n(2) An inspector or police officer need not comply with subsection (1) if the inspector or police officer believes on reasonable grounds that immediate entry to the premises is required to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\nS. 36H inserted by No. 43/2000 s. 15.\n\n","sortOrder":153},{"sectionNumber":"36H","sectionType":"section","heading":"Details of warrant to be given to occupier","content":"\t36H Details of warrant to be given to occupier\n\nS. 36H(1) amended by No. 51/2024 s. 22(a).\n\n(1) If the occupier is present at premises where a search warrant is being executed, the inspector or police officer must—\n\nS. 36H(1)(a) amended by No. 51/2024 s. 22(b).\n\n(a) identify themselves to the occupier; and\n\n(b) give to the occupier a copy of the warrant.\n\nS. 36H(2) amended by No. 51/2024 s. 22(a).\n\n(2) If the occupier is not present at premises where a search warrant is being executed, the inspector or police officer must—\n\nS. 36H(2)(a) amended by No. 51/2024 s. 22(b).\n\n(a) identify themselves to a person at the premises; and\n\n(b) give to the person a copy of the warrant.\n\nS. 36I inserted by No. 43/2000 s. 15, amended by No. 51/2024 s. 23.\n\n","sortOrder":154},{"sectionNumber":"36I","sectionType":"section","heading":"Seizure of things not mentioned in the warrant","content":"\t36I Seizure of things not mentioned in the warrant\n\nA search warrant under section 36F  authorises an inspector or police officer executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if—\n\nS. 36I(a) amended by Nos 49/2009 s. 42, 51/2024 ss 23, 39(2).\n\n(a) the inspector or police officer believes, on reasonable grounds, that the thing is of a kind which could have been included in a search warrant issued under that section and will afford evidence about the contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations; and\n\nS. 36I(b) amended by Nos 49/2009 s. 42, 51/2024 ss 23, 39(2).\n\n(b) the inspector or police officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations.\n\nS. 36J inserted by No. 43/2000 s. 15.\n\n","sortOrder":155},{"sectionNumber":"36J","sectionType":"section","heading":"Copies of seized documents","content":"\t36J Copies of seized documents\n\nS. 36J(1) amended by No. 51/2024 s. 24.\n\n(1) If an inspector or a police officer retains possession of a document seized from a person under this Part, the inspector or police officer must give the person, within 21 days after the seizure, a copy of the document certified as correct by the inspector or police officer.\n\n(2) A copy of a document certified under subsection (1) shall be received in all courts and tribunals to be evidence of equal validity to the original.\n\nS. 36K inserted by No. 43/2000 s. 15.\n\n","sortOrder":156},{"sectionNumber":"36K","sectionType":"section","heading":"Retention and return of seized documents or things","content":"\t36K Retention and return of seized documents or things\n\nS. 36K(1) amended by No. 51/2024 s. 25(a).\n\n(1) If an inspector or a police officer seizes a document or other thing under this Part, the inspector or police officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.\n\nS. 36K(2) amended by No. 51/2024 s. 25(b).\n\n(2) If the document or thing seized has not been returned within 3 months after it was seized, the inspector or police officer must take reasonable steps to return it unless—\n\n(a) proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or\n\n(b) the Magistrates' Court makes an order under section 36L extending the period during which the document or thing may be retained.\n\nS. 36L inserted by No. 43/2000 s. 15.\n\n","sortOrder":157},{"sectionNumber":"36L","sectionType":"section","heading":"Magistrates' Court may extend 3 month period","content":"\t36L Magistrates' Court may extend 3 month period\n\nS. 36L(1) amended by No. 51/2024 s. 26.\n\n(1) An inspector or a police officer may apply to the Magistrates' Court within 3 months after seizing a document or other thing under this Part for an extension of the period for which the inspector or police officer may retain the document or thing.\n\n(2) The Magistrates' Court may order such an extension if it is satisfied that retention of the document or other thing is necessary—\n\nS. 36L(2)(a) amended by Nos 49/2009 s. 43, 51/2024 s. 39(2).\n\n(a) for the purposes of an investigation into whether a contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations has occurred; or\n\nS. 36L(2)(b) amended by Nos 49/2009 s. 43, 51/2024 s. 39(2).\n\n(b) to enable evidence of a contravention of this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations to be obtained for the purposes of a proceeding under this Act.\n\n(3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.\n\nS. 36M inserted by No. 43/2000 s. 15, amended by Nos 49/2009 s. 44, 51/2024 s. 39(2).\n\n","sortOrder":158},{"sectionNumber":"36M","sectionType":"section","heading":"Requirement to assist inspector during entry","content":"\t36M Requirement to assist inspector during entry\n\nTo the extent that it is reasonably necessary to determine compliance with this Act, other than Division 1A of Part 2 or Part 3AA or 3AAB, or the regulations, an inspector exercising a power of entry under this Part who produces his or her identity card for inspection by the occupier of the premises or an agent or employee of the occupier may require that person—\n\n(a) to give information to the inspector, orally or in writing; and\n\n(b) to produce documents to the inspector; and\n\n(c) to give reasonable assistance to the inspector.\n\nS. 36N inserted by No. 43/2000 s. 15.\n\n","sortOrder":159},{"sectionNumber":"36N","sectionType":"section","heading":"Refusal or failure to comply with requirement","content":"\t36N Refusal or failure to comply with requirement\n\nA person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under this Part.\n\nS. 36O inserted by No. 43/2000 s. 15.\n\n","sortOrder":160},{"sectionNumber":"36O","sectionType":"section","heading":"Protection against self-incrimination","content":"\t36O Protection against self-incrimination\n\n(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.\n\n(2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.\n\n(3) If—\n\n(a) before producing a document that the person is required to produce by or under this Part, the person claims that the document would tend to incriminate the person; and\n\n(b) the document would in fact tend to incriminate the person—\n\nthe document is not admissible in evidence against the person in a criminal proceeding other than a proceeding in respect of an offence against this Act or the regulations.\n\nS. 36P inserted by No. 43/2000 s. 15.\n\n","sortOrder":161},{"sectionNumber":"36P","sectionType":"section","heading":"Offence to give false or misleading information","content":"\t36P Offence to give false or misleading information\n\n(a) give information to an inspector under this Part that the person knows to be false or misleading in any material particular; or\n\n(b) produce a document to an inspector under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.\n\nS. 36Q inserted by No. 43/2000 s. 15.\n\n","sortOrder":162},{"sectionNumber":"36Q","sectionType":"section","heading":"Offence to hinder or obstruct inspector","content":"\t36Q Offence to hinder or obstruct inspector\n\nA person must not, without reasonable excuse, hinder or obstruct an inspector who is exercising a power under this Part.\n\nS. 36QA inserted by No. 66/2013 s. 10, amended by No. 51/2024 s. 41.\n\n\t36QA Offence to intimidate, threaten or assault inspector\n\nA person must not intimidate, threaten or assault an inspector who is exercising a power under this Part.\n\nS. 36R inserted by No. 43/2000 s. 15.\n\n","sortOrder":163},{"sectionNumber":"36R","sectionType":"section","heading":"Offence to impersonate inspector","content":"\t36R Offence to impersonate inspector\n\nA person who is not an inspector must not, in any way, hold himself or herself out to be an inspector.\n\nS. 36S inserted by No. 43/2000 s. 15.\n\n","sortOrder":164},{"sectionNumber":"36S","sectionType":"section","heading":"Service of documents","content":"\t36S Service of documents\n\nS. 36S(1) amended by No. 51/2024 s. 27(a).\n\n(1) A written requirement by an inspector or a police officer under this Part  may be given personally or by registered post to a person—\n\n(a) at the last known place of business, employment or residence of the person; or\n\n(b) in the case of a body corporate, at the registered office of the body corporate.\n\nS. 36S(2) amended by No. 51/2024 s. 27(b).\n\n(2) A person who provides a document or information in response to a requirement of an inspector or a police officer under this Part may send that document or information to the inspector or police officer by registered post.\n\nS. 36T inserted by No. 43/2000 s. 15.\n\n","sortOrder":165},{"sectionNumber":"36T","sectionType":"section","heading":"Confidentiality","content":"\t36T Confidentiality\n\n(1) An inspector must not, except to the extent necessary to carry out the inspector's functions under this Part, give to any other person, whether directly or indirectly, any information acquired by the inspector in carrying out those functions.\n\n(2) Subsection (1) does not apply to the giving of information—\n\n(a) to a court or tribunal in the course of legal proceedings; or\n\n(b) pursuant to an order of a court or tribunal; or\n\n(c) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or\n\n(d) with the written authority of the Secretary or, if the inspector is an environmental health officer of a council or a person employed by, or providing services to, a council, with the written authority of the Chief Executive Officer of the council; or\n\n(e) with the written authority of the person to whom the information relates.\n\n","sortOrder":166},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"Part 4—Miscellaneous\n\n","sortOrder":167},{"sectionNumber":"37","sectionType":"section","heading":"Removal of advertisements","content":"\t37 Removal of advertisements\n\nS. 37(1) repealed by No. 43/2000 s. 16(1)(a).\n\nS. 37(2) amended by Nos 43/2000 s. 16(1)(b), 49/2009 s. 6.\n\n(2) If a person is convicted of an offence under section 6(2), (2AA) or (2A), the Court, in addition to imposing any other penalty, may order—\n\nS. 37(2)(a) amended by No. 43/2000 s. 16(1)(c).\n\n(a) that the advertisement may be removed or obscured by an inspector; and\n\nS. 37(2)(b) amended by No. 43/2000 s. 16(1)(c).\n\n(b) that the person convicted pay the reasonable costs incurred by the inspector in removing or obscuring the advertisement.\n\n(3) Costs payable under subsection (2) may be recovered as a debt due to the Council of the municipality or the State, as the case requires.\n\nS. 37(4) amended by Nos 125/1993 s. 20(12), 46/1998 s. 7(Sch. 1), repealed by No. 43/2000 s. 16(1)(d).\n\nS. 37A inserted by No. 51/2024 s. 42.\n\n","sortOrder":168},{"sectionNumber":"37A","sectionType":"section","heading":"Forfeiture of prohibited products","content":"\t37A Forfeiture of prohibited products\n\n(1) If an inspector, a licensing inspector or a police officer believes on reasonable grounds that a thing the inspector, licensing inspector or police officer has seized in the exercise of a power under this Act, or under a warrant issued under this Act, is a prohibited product, the inspector, licensing inspector or police officer, with the approval of the appropriate person, may serve a forfeiture notice on the person from whom the thing was seized or the apparent owner of the thing.\n\n(2) The person on whom the forfeiture notice is served may apply to the Magistrates' Court, within 30 days after service of the notice, for an order requiring the thing to be returned to the person.\n\n(3) On an application under subsection (2), the Magistrates' Court—\n\n(a) if satisfied that the thing is not a prohibited product, must order that the thing be returned to the applicant; or\n\n(b) if not so satisfied, must refuse the application and order that the thing be forfeited to the State and given to the appropriate person.\n\n(4) The applicant must present or point to evidence that suggests a reasonable possibility of the existence of facts that, if they existed, would establish that the thing is not a prohibited product.\n\n(5) If the applicant does so, the inspector, licensing inspector or police officer bears the burden of satisfying the court that the thing is a prohibited product.\n\n(6) If the person on whom the forfeiture notice is served fails to make an application under subsection (2), the thing is forfeited to the State, and at the end of the 30 day period must be given to the appropriate person.\n\n(7) If a thing is forfeited under this section—\n\n(a) it must be destroyed or otherwise disposed of or dealt with by the appropriate person; and\n\n(b) the person on whom the forfeiture notice was served is liable to pay the costs and expenses incurred in so doing.\n\n(8) In this section—\n\n***appropriate person*** means—\n\n(a) in relation to a thing seized by an inspector who is an environmental health officer of a Council or a person employed by, or providing services to, a Council, the Chief Executive Officer of the Council; or\n\n(b) in relation to a thing seized by an inspector appointed under section 36(b) or (d), the Secretary; or\n\n(c) in relation to a thing seized by a licensing inspector, the Regulator; or\n\n(d) in relation to a thing seized by a police officer, the Chief Commissioner of Police;\n\n***forfeiture notice*** means a notice that states—\n\n(a) that a thing specified in the notice is believed to be a prohibited product; and\n\n(b) that the person on whom the notice is served may apply to the Magistrates' Court for an order that the thing be returned to the person; and\n\n(c) the consequences of failing to apply for an order referred to in paragraph (b);\n\n***prohibited product*** means—\n\n(a) illicit tobacco; or\n\n(b) a product, or a product of a class, that is the subject of a ban order in force under section 15N; or\n\n(c) vaping goods that are not compliant with a requirement imposed by or under the Therapeutic Goods Act 1989 of the Commonwealth; or\n\n(d) vaping goods the possession, supply, manufacture or import of which would contravene the Therapeutic Goods Act 1989 of the Commonwealth.\n\nS. 38 amended by Nos 57/1989 s. 3(Sch. item 198), 43/2000 s. 16(2), 45/2005 s. 19(1)(2)(a), 32/2006 s. 94(Sch. item 47), 49/2009 s. 45, 37/2014 s. 10(Sch. item 169.2), substituted by No. 51/2024 s. 28.\n\n","sortOrder":169},{"sectionNumber":"38","sectionType":"section","heading":"Infringement notices","content":"\t38 Infringement notices\n\n(1) A police officer may serve an infringement notice on any person that the police officer reasonably believes has committed an offence against a provision of Part 2, 3AA, 3AAB or 3A that is prescribed by the regulations.\n\n(2) An inspector may serve an infringement notice on any person that the inspector reasonably believes has committed an offence against a provision of Part 2 (other than Division 1A of that Part) or 3A that is prescribed by the regulations.\n\n(3) A licensing inspector may serve an infringement notice on any person that the licensing inspector reasonably believes has committed an offence against a provision of Division 2, 4 or 5 of Part 2 or Part 3AA or 3AAB that is prescribed by the regulations.\n\n(4) An offence against a provision referred to in subsection (1), (2) or (3) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(5) The infringement penalty for an offence against a provision referred to in subsection (1), (2) or (3) is the prescribed infringement penalty for the offence.\n\n","sortOrder":170},{"sectionNumber":"39","sectionType":"section","heading":"Proceedings","content":"\t39 Proceedings\n\nS. 39(1) amended by Nos 43/2000 s. 16(3), 45/2005 s. 19(2)(b)(i), 49/2009 s. 46(1), 37/2014 s. 10(Sch. item 169.2).\n\n(1) Subject to subsection (1A), proceedings for an offence under this Act or for an infringement referred to in section 38 may be brought by a police officer or an inspector.\n\nS. 39(1A) inserted by No. 49/2009 s. 46(2), amended by No. 51/2024 s. 39(2).\n\n(1A) Proceedings for an offence under Division 1A of Part 2 or Part 3AA or 3AAB may not be brought by an inspector.\n\nS. 39(2) amended by No. 28/2001 s. 15(1).\n\n(2) Proceedings shall not be brought for an offence under section 9 without the consent in writing of the Minister.\n\nS. 39(3) inserted by No. 28/2001 s. 15(2), repealed by No. 45/2005 s. 19(2)(b)(ii).\n\nS. 39A inserted by No. 51/2024 s. 29.\n\n","sortOrder":171},{"sectionNumber":"39A","sectionType":"section","heading":"Sufficient evidence of matters relating to tobacco sales","content":"\t39A Sufficient evidence of matters relating to tobacco sales\n\nFor the purposes of this Act—\n\n(a) proof of the delivery of tobacco products is evidence of money or other consideration having been given for the tobacco products; and\n\n(b) proof that a transaction in the nature of a sale of tobacco products took place is evidence of the sale of tobacco products.\n\n","sortOrder":172},{"sectionNumber":"40","sectionType":"section","heading":"Application of penalties","content":"\t40 Application of penalties\n\n(1) Except as provided in subsection (2) penalties under this Act form part of and must be paid into the Consolidated Fund.\n\nS. 40(2) amended by No. 43/2000 s. 17.\n\n(2) Penalties under this Act in respect of proceedings brought by or on behalf of the council of a municipality or in respect of infringement notices served by an inspector who is an environmental health officer of a council or who is employed by, or provides services to, a council are payable to the municipal fund of that council.\n\nS. 41 amended by No. 45/2005 s. 19(3) (ILA s. 39B(1)), substituted by No. 49/2009 s. 47.\n\n","sortOrder":173},{"sectionNumber":"41","sectionType":"section","heading":"Offences by a body corporate","content":"\t41 Offences by a body corporate\n\n(1) If a body corporate contravenes any provision of this Act, each officer (within the meaning of section 9 of the Corporations Act) of the body corporate who knowingly authorised or permitted the contravention is taken to have contravened the same provision.\n\nS. 41(2) amended by No. 55/2016 s. 9(22)(c).\n\n(2) Subsection (1) does not apply to an offence against section 6(2D), 7(5), 8(3), 9(5), 13A(2A), 15M(1) or (1A) or 15S(2).\n\n(3) A person may be proceeded against and convicted under a provision in accordance with subsection (1), whether or not the body corporate has been proceeded against or convicted under that provision.\n\n(4) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.\n\nS. 41AA inserted by No. 49/2009 s. 48.\n\n\t41AA Conduct by officers, employees or agents\n\n(1) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by an employee, agent or officer (within the meaning of section 9 of the Corporations Act) of the body corporate within the scope of the actual or apparent authority of the employee, agent or officer.\n\n(2) If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—\n\n(a) that the conduct was engaged in by an officer of the body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or\n\n(b) that the conduct was engaged in by an agent of the body corporate and—\n\n(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; or\n\n(ii) the agent had that state of mind; or\n\n(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.\n\n(3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.\n\nS. 41A inserted by No. 31/2002 s. 11.\n\n","sortOrder":174},{"sectionNumber":"41A","sectionType":"section","heading":"No double jeopardy","content":"\t41A No double jeopardy\n\nIf an act or omission constitutes more than one offence against this Act, the offender is liable to be prosecuted for any or all of those offences but is not liable to be punished more than once for the same act or omission.\n\n","sortOrder":175},{"sectionNumber":"42","sectionType":"section","heading":"Civil proceedings","content":"\t42 Civil proceedings\n\nAn action does not lie against a person for the failure or refusal to do anything that would constitute an offence against this Act.\n\nS. 42AA inserted by No. 31/2002 s. 12, amended by No. 114/2003 s. 12.1.3(Sch. 6 item 13.3  \n(a)–(h)), repealed by No. 45/2005 s. 25(e).\n\nS. 42A inserted by No. 43/2000 s. 18.\n\n","sortOrder":176},{"sectionNumber":"42A","sectionType":"section","heading":"Power to require names of persons supplied with tobacco","content":"\t42A Power to require names of persons supplied with tobacco\n\nS. 42A(1) substituted by No. 49/2009 s. 49(1).\n\n(1) The Secretary may, in writing addressed to a person who manufactures tobacco products or sells tobacco products by wholesale, require the person to provide to the Secretary within a reasonable period, being not less than one month after the requirement is made—\n\n(a) the names and addresses of persons carrying on a tobacco retailing business in Victoria to whom the person has supplied tobacco products in Victoria within the preceding 12 months; and\n\n(b) the addresses of retail outlets in Victoria that the person knows—\n\n(i) sell tobacco products manufactured by the person; or\n\n(ii) sell tobacco products purchased at wholesale from the person, whether directly or indirectly.\n\nS. 42A(1AA) inserted by No. 55/2016 s. 9(23), repealed by No. 51/2024 s. 69(a).\n\nS. 42A(1A) inserted by No. 49/2009 s. 49(1), amended by Nos 55/2016 s. 9(24), 51/2024 s. 69(b).\n\n(1A) Information provided to the Secretary in response to a request under subsection (1) must be in or to the effect of the form (including electronic form) approved by the Secretary.\n\nS. 42A(2) amended by Nos 49/2009 s. 49(2), 55/2016 s. 9(24), 51/2024 s. 69(b).\n\n(2) If a person to whom a requirement under subsection (1) is addressed refuses or fails to respond or provides information that the person knows to be false or misleading in any material particular, the person is guilty of an offence.\n\nS. 42A(3) substituted by No. 66/2013 s. 11.\n\n(3) The Secretary must not give to any other person, whether directly or indirectly, any information acquired by the Secretary under this section except to the extent necessary—\n\n(a) to enable the Secretary to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or\n\n(b) to enable an inspector to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or\n\nS. 42A(3)(c) amended by Nos 55/2016 s. 9(25), 51/2024 s. 69(c).\n\n(c) to enable the tobacco retailers identified by the information to be informed about their obligations under this Act, the regulations or another law of this State or of the Commonwealth in relation to the sale of tobacco products; or\n\n(d) to further the purpose or objects of the Act.\n\n(4) Subsection (3) does not apply to the giving of information—\n\n(a) to a court or tribunal in the course of legal proceedings; or\n\n(b) pursuant to an order of a court or tribunal; or\n\n(c) with the written authority of the person to whom the information relates.\n\nS. 42B inserted by No. 43/2000 s. 19, amended by No. 28/2001 s. 16 (ILA s. 39B(1)).\n\n","sortOrder":177},{"sectionNumber":"42B","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t42B Supreme Court—limitation of jurisdiction\n\n(1) It is the intention of section 42, as it has effect on and after the commencement of section 19 of the **Tobacco (Amendment) Act 2000**,  to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 42B(2) inserted by No. 28/2001 s. 16.\n\n(2) It is the intention of section 42, as it has effect immediately after the commencement of each of the amendments made to this Act by the **Tobacco (Further Amendment) Act 2001**, to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 42B(3) inserted by No. 31/2002 s. 13.\n\n(3) It is the intention of section 42, as it has effect on and after the commencement of sections 8 and 9 of the **Tobacco (Miscellaneous Amendments) Act 2002**, to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 42C inserted by No. 51/2024 s. 43.\n\n","sortOrder":178},{"sectionNumber":"42C","sectionType":"section","heading":"Review of licensing scheme","content":"\t42C Review of licensing scheme\n\n(1) The Minister must cause a review of the operation of Parts 3AA and 3AAB to be conducted.\n\n(2) The review—\n\n(a) must begin on, or as soon as practicable after, the fifth anniversary of the commencement of Part 3AA; and\n\n(b) must be completed within 12 months after it is begun.\n\n(3) The Minister must cause a copy of a report of the review to be presented to each House of Parliament within 7 sitting days of that House after the review is completed.\n\n","sortOrder":179},{"sectionNumber":"43","sectionType":"section","heading":"Regulations","content":"\t43 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 43(1)(a) repealed by No. 66/2013 s. 12(1), new s. 43(1)(a) inserted by No. 51/2024 s. 30(1).\n\n(a) prescribing fees for licences; and\n\nS. 43(1)(aa) inserted by No. 83/1993 s. 5,  \nrepealed by No. 66/2013 s. 12(1).\n\nS. 43(1)(b) repealed by No. 66/2013 s. 12(1), new s. 43(1)(b) inserted by No. 51/2024 s. 30(1).\n\n(b) prescribing conditions to which licences are subject including, without limitation, conditions—\n\n(i) requiring the licensee to keep records and provide data to the regulator relating to sales of tobacco products under the licence; and\n\n(ii) requiring the licensee and employees of the licensee to undertake training; and\n\n(iii) relating to the sale of tobacco products under the licence; and\n\nS. 43(1)(ba) inserted by No. 51/2024 s. 30(1).\n\n(ba) prescribing information required to be provided in applications for the grant, variation, transfer, relocation or renewal of licences; and\n\nS. 43(1)(bb) inserted by No. 51/2024 s. 30(1).\n\n(bb) for the purposes of section 38, prescribing—\n\n(i) infringement offences; and\n\n(ii) 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\n\n(c) 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.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) 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.\n\nS. 43(2A) inserted by No. 51/2024 s. 30(2).\n\n(2A) Without limiting subsection (1) or (2), regulations with respect to fees—\n\n(a) may provide for different fees for different categories of licence; and\n\n(b) may provide for different fees for licences that have different conditions; and\n\n(c) may provide for different fees depending on the geographical location of the licensed tobacco premises; and\n\n(d) may provide for fees to be prorated; and\n\n(e) may provide for the Regulator to waive or refund fees in whole or part.\n\nS. 43(3) substituted by No. 43/2000 s. 22(4).\n\n(3) The regulations are subject to disallowance by a House of the Parliament.\n\nS. 43(4) repealed by No. 66/2013 s. 12(2).\n\nNew Pt 5 (Heading and ss 44, 45) inserted by No. 43/2000 s. 20.\n\n","sortOrder":180},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transitional","content":"Part 5—Transitional\n\nNew s. 44 inserted by No. 43/2000 s. 20.\n\n","sortOrder":181},{"sectionNumber":"44","sectionType":"section","heading":"Proceedings under section 6(2)","content":"\t44 Proceedings under section 6(2)\n\nDespite the repeal of subsection (1) of section 37 by section 16 of the **Tobacco (Amendment) Act 2000**, that subsection, as in force immediately before the commencement of that section, continues to apply in respect of an offence committed before that commencement if a notice under that subsection in respect of that offence was given before that commencement.\n\nNew s. 45 inserted by No. 43/2000 s. 20.\n\n","sortOrder":182},{"sectionNumber":"45","sectionType":"section","heading":"Section 15D","content":"\t45 Section 15D\n\nA reference in section 15D to an offence does not include a reference to an offence committed before the commencement of section 14 of the **Tobacco (Amendment) Act 2000**.\n\nPt 5  \n(Heading) repealed by No. 94/1997 s. 21(4).\n\nS. 44  \nrepealed by No. 94/1997 s. 21(4).\n\nS. 45  \nrepealed by No. 83/1993  \ns. 6.\n\nS. 46  \nrepealed by No. 83/1993  \ns. 6, new s. 46 inserted by No. 49/2009 s. 50.\n\n","sortOrder":183},{"sectionNumber":"46","sectionType":"section","heading":"Section 3: definition of *occupier*","content":"\t46 Section 3: definition of *occupier*\n\n(1) The definition of ***occupier*** inserted in section 3 by section 8(2) of the **Tobacco Amendment (Protection of Children) Act 2009** applies to—\n\n(a) offences alleged to have been committed; and\n\n(b) the exercise of powers under Part 3A—\n\non or after 1 January 2010.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates of which one is before and one is on or after 1 January 2010, the offence is alleged to have been committed before 1 January 2010.\n\nS. 47 inserted by No. 27/2011 s. 8.\n\n","sortOrder":184},{"sectionNumber":"47","sectionType":"section","heading":"Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences","content":"\t47 Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences\n\n(1) Despite anything to the contrary in the **Infringements Act 2006**, on and from 1 January 2010, an offence against section 5S which is an infringement offence within the meaning of that Act—\n\n(a) is taken to be, and to always have been, a lodgeable infringement offence within the meaning of that Act as if it had been prescribed as a lodgeable infringement offence by regulations made under that Act; and\n\n(b) may be dealt with as a lodgeable infringement offence under that Act.\n\n(2) Any lodgement under Part 4 of the **Infringements Act 2006** and any enforcement action taken under that Act in respect of an infringement offence referred to in subsection (1) is taken to be, and to always have been, a valid and lawful lodgement or enforcement action under that Act, as the case requires, to the extent that the lodgement or enforcement action was taken on the basis that the infringement offence was a lodgeable infringement offence.\n\nS. 48 inserted by No. 51/2024 s. 9.\n\n","sortOrder":185},{"sectionNumber":"48","sectionType":"section","heading":"Transitional provision—Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024","content":"\t48 Transitional provision—Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024\n\n(1) Despite section 34ZC(4), a licence issued by the Regulator under section 34W(4) during the initial licensing period expires on 30 June 2027.\n\nS. 48(1A) inserted by No. 51/2024 s. 44.\n\n(1A) If a person applied for a licence in accordance with this Act before the commencement of Division 1AA of Part 3AA, but the application had not been finally determined before that commencement, the person does not commit an offence against section 33A(1) or 33B in relation to the sale of tobacco products in the conduct of the tobacco supply business that is the subject of the application at any time before the application is finally determined.\n\nS. 48(1B) inserted by No. 51/2024 s. 44.\n\n(1B) For the purpose of subsection (1A), an application is finally determined—\n\n(a) when the application is granted and a licence is issued to the applicant; or\n\n(b) if the application is refused, when any review of the refusal is finally determined or, if no application for review is made, when the period for the applicant to apply for review expires.\n\n(2) Subsection (1) does not affect a power of the Regulator to—\n\n(a) suspend or cancel a licence; or\n\n(b) disqualify a person from holding a licence.\n\n***initial licensing period*** means the period commencing on the day on which section 34W comes into operation and ending on 30 June 2026.\n\nSch. substituted by No. 43/2000 s. 21, amended by Nos 28/2001 s. 17(1)(2), 31/2002 s. 14(a)–(c), substituted by No. 45/2005 s. 20, amended by No. 45/2005 s. 25(f), substituted by No. 49/2009 s. 51, amended by Nos 71/2012 s. 4, 66/2013 s. 8, 65/2014 s. 11, 55/2016 ss 8, 11, 13/2022 s. 59, 42/2022 s. 67(b), repealed by No. 51/2024 s. 31.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 7 October 1987*\n\n*Legislative Council: 30 October 1987*\n\n***Long title***\n\nThe long title for the Bill for this Act was \"A Bill to provide for the regulation of the sale and promotion of tobacco products and for other purposes.\".\n\nThe **Tobacco Act 1987** was assented to on 24 November 1987 and came into operation as follows:\n\nSections 6(1)(3), 13, 15 on 1 April 1988: section 2(2); section 6(2) on 1 January 1989: section 2(4); section 14 on 1 July 1988: section 2(3); rest of Act on 24 November 1987: section 2(1).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Tobacco Act 1987** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n| Current State: | All of Act in operation |\n\n**Tobacco (Amendment) Act 1993, No. 83/1993**\n\n| Assent Date: | 3.11.93 |\n| Commencement Date: | Ss 1–3, 5, 6 on 3.11.93; s. 4 on 1.1.94: s. 2(2) |\n| Current State: | All of Act in operation |\n\n**Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993**\n\n| Assent Date: | 7.12.93 |\n| Commencement Date: | S. 20(12) on 7.12.93: s. 2(4) |\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| Commencement Date: | S. 4(Sch. 2 item 90) on 1.1.95: Government Gazette 28.7.94 p. 2055 |\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 41 on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n\n**Gaming No. 2 Act 1997, No. 16/1997**\n\n| Assent Date: | 6.5.97 |\n| Commencement Date: | S. 120 on 31.3.98: s. 2(4) |\n\n**Business Franchise Fees (Safety Net) Act 1997, No. 94/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 21 on 16.12.97: s. 2(3) |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Printers and Newspapers (Repeal) Act 1998, No. 56/1998**\n\n| Assent Date: | 13.10.98 |\n| Commencement Date: | S. 5(2) on 19.11.98: Government Gazette 19.11.98 p. 2792 |\n\n**Tobacco (Amendment) Act 2000, No. 43/2000** (as amended by No. 28/2001)\n\n| Assent Date: | 6.6.00 |\n| Commencement Date: | Ss 4–6, 7(2), 11, 12, 13(2), 14, 15, 16(1)(a)(c)(d)(2)(3), 17–22 on 1.11.00: s. 2(2); ss 7(1), 13(1)(3) on 1.7.01: s. 2(3); ss 8–10, 16(1)(b) on 1.1.02: s. 2(4) |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 76) on 1.6.01: s. 2(2) |\n\n**Tobacco (Further Amendment) Act 2001, No. 28/2001**\n\n| Assent Date: | 12.6.01 |\n| Commencement Date: | S. 16 on 13.6.01: s. 2(1); s. 8 on 1.7.01: s. 2(2); ss 7, 9, 10, 12, 15, 17(2) on 1.10.01: s. 2(3); ss 3(2), 4–6, 11 on 1.11.01: s. 2(4); ss 3(1), 13, 14, 17(1) on 1.1.02: s. 2(5) |\n\n**Tobacco (Miscellaneous Amendments) Act 2002, No. 31/2002**\n\n| Assent Date: | 12.6.02 |\n| Commencement Date: | Ss 4(3), 5, 12 on 13.6.02: s. 2(1); ss 4(1)(2), 6–11, 13, 14 on 1.9.02: s. 2(2) |\n\n**Gambling Regulation Act 2003, No. 114/2003**\n\n| Assent Date: | 16.12.03 |\n| Commencement Date: | S. 12.1.3(Sch. 6 item 13) on 1.7.04: Government Gazette 1.7.04 p. 1843 |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 204) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Tobacco (Amendment) Act 2005, No. 45/2005**\n\n| Assent Date: | 16.8.05 |\n| Commencement Date: | Ss 3–20 on 1.3.06: s. 2(1); ss 21–25 on 1.7.07: s. 2(2) |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 94(Sch. item 47) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n\n**Owners Corporations Act 2006, No. 69/2006**\n\n| Assent Date: | 19.9.06 |\n| Commencement Date: | S. 224(Sch. 3 item 9) on 31.12.07: s. 2(2) |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 101) on 11.10.06: s. 2(1) |\n\n**Public Health and Wellbeing Act 2008, No. 46/2008**\n\n| Assent Date: | 2.9.08 |\n| Commencement Date: | S. 291 on 1.1.10: s. 2(2) |\n\n**Tobacco Amendment (Protection of Children) Act 2009, No. 49/2009**\n\n| Assent Date: | 18.8.09 |\n| Commencement Date: | Ss 7–51 on 1.1.10: s. 2(1); ss 4–6 on 1.1.11: s. 2(2) |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 120) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Health and Human Services Legislation Amendment Act 2010, No. 29/2010**\n\n| Assent Date: | 8.6.10 |\n| Commencement Date: | S. 73 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |\n\n**Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010**\n\n| Assent Date: | 24.8.10 |\n| Commencement Date: | S. 232 on 1.7.12: s. 2(2) |\n\n**Justice Legislation Amendment (Infringement Offences) Act 2011, No. 27/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 8 on 1.1.10: s. 2(4) |\n\n**Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011**\n\n| Assent Date: | 2.11.11 |\n| Commencement Date: | S. 104(Sch. item 6) on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4 |\n\n**Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012, No. 71/2012**\n\n| Assent Date: | 20.11.12 |\n| Commencement Date: | Ss 3, 4 on 1.12.12: s. 2 |\n\n**Tobacco Amendment (Shopper Loyalty Schemes) Act 2012, No. 86/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | S. 3 on 1.3.13: s. 2(2) |\n\n**Tobacco Amendment Act 2013, No. 66/2013**\n\n| *Assent Date:* | 6.11.13 |\n| *Commencement Date:* | Ss 4–12 on 1.4.14: Special Gazette (No. 81) 18.3.14 p. 1 |\n\n**Mental Health Act 2014, No. 26/2014**\n\n| *Assent Date:* | 8.4.14 |\n| *Commencement Date:* | S. 455(Sch. item 30) on 1.7.14: s. 2(1) |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 169) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Corrections Amendment (Smoke-Free Prisons) Act 2014, No. 45/2014**\n\n| *Assent Date:* | 1.7.14 |\n| *Commencement Date:* | Ss 6, 7 on 1.7.15: s. 2(2) |\n\n**Tobacco Amendment Act 2014, No. 65/2014**\n\n| *Assent Date:* | 9.9.14 |\n| *Commencement Date:* | Ss 4–14 on 13.4.15: Special Gazette (No. 66) 31.3.15 p. 1 |\n\n**Tobacco Amendment Act 2016, No. 55/2016[[1]](#endnote-1)**\n\n| *Assent Date:* | 18.10.16 |\n| *Commencement Date:* | Ss 4–11 on 1.8.17: s. 2 |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 125) on 1.3.19: s. 2(2) |\n\n**Health Legislation Amendment and Repeal Act 2019, No. 34/2019**\n\n| Assent Date: | 22.10.19 |\n| Commencement Date: | Ss 65−67 on 23.10.19: s. 2(1) |\n\n**Children's Services Amendment Act 2019, No. 37/2019**\n\n| *Assent Date:* | 6.11.19 |\n| *Commencement Date:* | S. 22 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1 |\n\n**Local Government Act 2020, No. 9/2020**\n\n| *Assent Date:* | 24.3.20 |\n| *Commencement Date:* | S. 390(Sch. 1 item 102) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n\n**Social Services Regulation Act 2021, No. 37/2021** (as amended by No. 40/2022)\n\n| *Assent Date:* | 21.9.21 |\n| *Commencement Date:* | S. 399 on 1.7.24: s. 2(2) |\n\n**Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022**\n\n| *Assent Date:* | 29.3.22 |\n| *Commencement Date:* | Ss 57–60 on 30.3.22: s. 2(3) |\n\n**Casino and Liquor Legislation Amendment Act 2022, No. 26/2022**\n\n| *Assent Date:* | 28.6.22 |\n| *Commencement Date:* | S. 62 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1 |\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022**\n\n| *Assent Date:* | 6.9.22 |\n| *Commencement Date:* | S. 873 on 1.9.23: s. 2(2) |\n\n**Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022, No. 42/2022**\n\n| *Assent Date:* | 27.9.22 |\n| *Commencement Date:* | S. 67 on 28.9.22: s. 2(1); ss 63–66 on 1.8.23: s. 2(3) |\n\n**Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024[[2]](#endnote-2)**\n\n| *Assent Date:* | 3.12.24 |\n| *Commencement Date:* | Ss 4–31, 46–69 on 1.7.25: s. 2(2); ss 32–44 on 1.2.26: Special Gazette (No. 648) 25.11.25 p. 1 |\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| *Assent Date:* | 21.10.25 |\n| *Commencement Date:* | S. 3(Sch. 1 item 31) on 22.10.25: s. 2 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Table of Amendments: The proposed amendment to section 36L(2)(a) by section 9(22)(b) of the **Tobacco Amendment Act 2016, No. 55/2016** (*repealed*) is not included in this publication, as the amended text does not exist due to an earlier editorial amendment. [↑](#endnote-ref-1)\n\n2. Table of Amendments (**Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024**): The amendment proposed by section 64(3) of the **Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024**, No. 51/2024 is not included in this publication as there is no subsection (3) in section 15M of this Act.\n\n  Section 64(3) reads as follows:\n\n","sortOrder":186},{"sectionNumber":"64","sectionType":"section","heading":"Section 15M amended","content":"  64 Section 15M amended\n\n  (3) In section 15M(3) of the Principal Act **omit** \"or (1A)\". [↑](#endnote-ref-2)","sortOrder":187}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":1028},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded dramatically from its original 1987 focus on advertising restrictions and health promotion. The 2024 amendments introduced Part 3AA (licensing) and Part 3AAB (enforcement), creating a comprehensive regulatory scheme for tobacco retailing that mirrors liquor licensing frameworks. The Act now regulates: (1) where people can smoke; (2) who can sell tobacco; (3) how tobacco can be displayed and promoted; (4) illicit tobacco supply chains; and (5) health promotion funding. The licensing scheme in particular represents a major shift from the Act's original purpose of discouraging tobacco use through information and restriction, to actively controlling the retail supply chain through suitability assessments, police intelligence integration, and business-level compliance mechanisms. The 2024 amendments also removed previous vaping-specific provisions, reflecting evolving national regulatory frameworks."},"complexity_factors":["Extensive cross-referencing between Parts 2, 3AA, and 3AAB with overlapping enforcement mechanisms","47+ defined terms in section 3, many incorporating definitions from other Acts (Casino Control Act, Gambling Regulation Act, etc.)","Nested exceptions throughout smoking prohibitions (e.g., outdoor drinking areas exempt from workplace smoking bans but subject to their own restrictions)","Dual inspector regimes with different but overlapping powers (general inspectors under Part 3A vs licensing inspectors under Part 3AAB)","Protected information procedures creating special VCAT hearing processes with special counsel appointments (sections 34ZA, 34ZO-34ZQ)","Multiple amendment layers visible in the text with repealed and substituted provisions creating interpretive challenges","Licensing scheme with 12 divisions covering applications, variations, transfers, suspensions, cancellations, renewals, disqualifications, and reviews","Conditional logic in suitability assessments linking spent convictions, criminal history checks, and disqualified person status","Immediate suspension powers (section 34R) operating alongside show cause processes (section 34P) with different procedural requirements","Enforceable undertakings scheme (Division 5 of Part 3AAB) creating alternative enforcement pathways with complex preconditions"],"plain_english_summary":"This is Victoria's comprehensive tobacco control legislation, originally enacted in 1987 and substantially expanded over nearly four decades. The Act serves three main purposes: **discouraging smoking** through advertising bans and smoke-free areas; **regulating who can sell tobacco** through a licensing scheme; and **funding health promotion** via the Victorian Health Promotion Foundation.\n\n**Key things the Act does:**\n\n**Smoking restrictions** — Bans smoking in enclosed workplaces, restaurants, cafes, retail shopping centres, bingo centres, casinos, licensed venues, and numerous outdoor areas including patrolled beaches, outdoor dining areas, school grounds, childcare facilities, public swimming pools, playgrounds, skate parks, and sporting venues during underage events. It also prohibits smoking in cars when children under 18 are present.\n\n**Advertising and promotion controls** — Prohibits most tobacco advertising, including displays at retail outlets (with limited exceptions for duty-free shops and wholesalers), competitions, loyalty schemes, free samples, and sponsorships. Tobacco companies face severe penalties (up to 5,000 penalty units) for intentionally breaching these rules.\n\n**Sales restrictions** — Makes it illegal to sell tobacco to people under 18, requires health warning signs at retail outlets, bans vending machines in most locations, prohibits mobile selling, mandates minimum pack sizes (20 cigarettes), and bans smokeless tobacco products.\n\n**Licensing scheme (new in 2024)** — Requires anyone selling tobacco to hold a licence issued by the Regulator (a government department head). The scheme includes detailed application processes, suitability assessments (including criminal history checks), conditions that can be imposed on licences, and powers to suspend, cancel, or disqualify unsuitable operators. Police can object to applications based on protected intelligence.\n\n**Enforcement powers** — Creates two types of inspectors: general inspectors (environmental health officers and others) for smoking and advertising offences, and licensing inspectors specifically for the tobacco retail licensing scheme. Both have entry, search, and seizure powers, with licensing inspectors having additional powers including improvement notices and enforceable undertakings.\n\n**Illicit tobacco** — Criminalises possession and supply of tobacco that doesn't comply with Commonwealth plain packaging and health warning laws, with serious penalties including imprisonment for commercial quantities.\n\n**Victorian Health Promotion Foundation** — Establishes a body corporate that receives funding (historically from tobacco taxes) to sponsor sports, arts, and health programs, and to fund research into disease prevention.\n\nThe Act is notable for its **layered enforcement approach** — many smoking offences can be dealt with by infringement notices, while serious licensing and illicit tobacco offences carry penalties up to 5 years imprisonment. The 2024 amendments significantly expanded the Act's scope from primarily health promotion to include a comprehensive regulatory framework for tobacco retailing."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information is available in the provided text to determine whether the scope of this Act changed from its original intent. The metadata shows it was 'as made' in 1987 and has since been consolidated, but no substantive amendment details are included to assess scope drift."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history headers are visible, preventing detailed analysis of the actual provisions","Tobacco regulation typically involves multi-layered compliance obligations for retailers, but these cannot be assessed from the available text","The law has been consolidated and amended over time (since 1987), suggesting accumulated complexity, but the nature of those amendments is unknown from this excerpt","Interaction with Commonwealth and other state tobacco laws may add regulatory complexity in practice"],"plain_english_summary":"The Tobacco Act 1987 (Victoria) regulates the sale, supply and promotion of tobacco, bans sales to under‑18s and restricts advertising and retail displays. It affects retailers and businesses that market tobacco, and protects the public—especially young people—by imposing licensing, compliance obligations and penalties to reduce tobacco use and harm."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The 2024–2026 amendments substantially expand the Act's scope. Originally focused on smoking places, advertising and promotion controls and the Health Promotion Foundation, it now creates an enterprise‑level licensing and regulatory enforcement regime governing the sale and supply chain of tobacco and related products (Part 3AA and Part 3AAB). The new scheme criminalises unlicensed sales (s 33A), requires detailed licence applications and ongoing reporting (ss 34A, 34ZW), empowers a Regulator and licensing inspectors with extensive inspection, entry and seizure powers (ss 35, 35I–35K), and builds in police intelligence procedures and closed review processes for protected information (ss 34T, 34ZA–34ZQ). These changes move the Act from place‑and‑advertising regulation to direct regulation of commercial actors in the tobacco market, adding substantial administrative and criminal‑law instruments to the statute’s original public‑health toolbox."},"complexity_factors":["Comprehensive licensing regime added (Part 3AA) with extensive procedural steps: applications, variations, transfers, relocations, renewals, suspensions, cancellations and disqualifications (many cross‑linked sections).","Large interpretation/definitions section (s 3) with dozens of defined terms and multiple cross‑references (associates, licence, Regulator, illicit tobacco, vaping goods, protected information, etc.).","Protected‑information procedure (ss 34ZA–34ZQ) creating closed evidence hearings, appointment of special counsel and limits on disclosure — nested, conditional court/VCAT procedures.","Two separate inspector/enforcement regimes: licensing inspectors and general inspectors with overlapping but distinct powers (Parts 3AAB and 3A) and different warrant/entry rules.  ","Extensive inspection and seizure powers with layered retention/return rules and Magistrates’ Court extension mechanism (ss 35K–35R, 36F–36L).","Multiple nested defences and exceptions (occupier defences, awareness defences, time‑limited exceptions and transitional carve‑outs) across Part 2 and Part 3AA.  ","High‑penalty criminal offences and corporate liability provisions (e.g. s 33A, s 11A, s 6(2D)) together with administrative remedies (improvement notices, enforceable undertakings), producing parallel enforcement tracks.  ","Point‑of‑sale and advertising rules remain detailed (ss 6, 6A) with specific technical constraints (stack dispensers, display area limits), increasing compliance complexity for retailers.  ","Significant cross‑references to Commonwealth laws and other Victorian Acts (Therapeutic Goods Act, Public Health (Tobacco and Other Products) Act 2023, Local Government Act 2020, etc.) — compliance requires reading multiple statutes and regulations.  "],"plain_english_summary":"**What this law does (mechanically)**\n\n- Creates a comprehensive licensing scheme for anyone who sells tobacco in Victoria. From now on you generally must hold a licence to lawfully sell tobacco (see section 33A and Part 3AA).  \n- Sets out how to apply for, transfer, relocate, vary, suspend, cancel and renew licences; what information must be provided (including criminal history checks), and what makes a person unsuitable to hold a licence (see sections 34A, 34H–34I, 34P–34Q, 34Z, 34ZS).  \n- Gives a new Regulator (a Department Head) powers to decide licence applications, impose conditions, keep a public register of licensed suppliers and enforce the scheme (see sections 34W, 34ZV, 35).  \n- Creates a dedicated enforcement framework: licensing inspectors with entry, inspection, seizure and summons powers; search‑warrant, retention and forfeiture rules; improvement notices; enforceable undertakings and civil enforcement options (see Part 3AAB: sections 35D, 35I–35Q, 35ZC–35ZF, 35ZH–35ZI).  \n- Introduces new criminal offences and heavy penalties for selling tobacco without a licence, selling contrary to licence conditions, misleading licensing information and for dealing in illicit tobacco; allows immediate suspension of licences where illicit tobacco is suspected (see sections 33A, 33B, 33D, 11A, 34R).  \n- Preserves and updates longstanding public‑health tobacco controls (no‑smoking areas, advertising, point‑of‑sale rules, bans on sponsorships, free samples, underage protections) and extends some controls to vaping goods and to products declared by ban order (see Part 2, sections 5A–5RI, 6, 6A, 7–9, 15N–15S).  \n\n**Who is affected**\n\n- Tobacco retailers and wholesalers (including any business that sells tobacco or operates vending machines) — they must be licensed and comply with licence conditions and reporting requirements (ss 3A, 34, 34A, 34ZD).  \n- Tobacco companies and manufacturers — exposed to high corporate penalties where they cause or induce contraventions (e.g. s 6(2D), s 7(5), s 8(3), s 15S(2)).  \n- Individuals who seek to hold licences, their associates (defined in s 3G), directors, partners and managers — subject to suitability checks, disclosure duties and potential disqualification (ss 3G, 34Z, 34ZT–34ZU).  \n- Inspectors, licensing inspectors, the Regulator and Victoria Police — given new powers and information‑sharing roles (ss 35, 35C, 34T, 34ZA).  \n- The broader public — the Act continues to restrict where people can smoke, point‑of‑sale advertising and sponsorship, and adds controls on vaping and prohibited products (Part 2).  \n\n**Why it matters (practical consequences and mechanisms)**\n\n- Legal barrier to entry: selling tobacco becomes a regulated, licenced activity with application fees, information obligations (including criminal history checks) and ongoing compliance obligations (ss 34A, 34ZW, 43). That raises compliance costs for retailers and wholesalers (time, fees, data/reporting).  \n- Enforcement and deterrence: strict criminal penalties for unlicensed selling and for illicit tobacco (ss 33A, 11A), combined with empowered inspectors, immediate suspension powers (s 34R) and tough corporate liability provisions (e.g. s 6(2D)), increase the practical risk and cost of non‑compliance.  \n- Administrative discretion and policing input: the Chief Commissioner of Police can object to applications and provide protected (secret) information to the Regulator; the Act creates a closed‑information procedure for decisions and VCAT review (ss 34T, 34U, 34ZA, 34ZP–34ZQ). That allows police intelligence to influence licensing decisions while limiting public disclosure.  \n- Operational friction for small sellers: numerous operational limits remain (vending machines, mobile sales, temporary outlets, point‑of‑sale display rules) and new licence conditions may require record‑keeping and training (ss 13, 13A, 15L, 6A, 43(1)(b)).  \n\n**What the Act says it intends (stated objects) — and a quick reality check**\n\n- Stated purpose: to prohibit certain sales or promotions, establish a licensing scheme, create offences, and maintain the Victorian Health Promotion Foundation (s 1). The objects emphasise discouraging smoking, promoting health and safeguarding suitability and compliance in the supply chain (s 5).  \n- Test against costs, incentives and trade‑offs: the licensing scheme is a direct mechanism to control supply and monitor sellers (implementation cost to business via fees, checks and reporting; administrative cost to government to run the Regulator and inspectors). It creates strong incentives for firms to comply (criminal and administrative penalties) and for police to engage (s 35C, s 34T). The trade‑off is increased regulatory compliance burden for lawful sellers and administrative complexity for government. The Act channels enforcement through both criminal law and administrative interventions (s 35ZH–35ZI), giving the Regulator alternatives to prosecution (enforceable undertakings) but also reserving serious criminal penalties for large or deliberate breaches (s 11A).  \n- Implementation risks and discretion: the Regulator has broad powers (s 35) and the Minister may give directions and issue decision‑making guidelines (ss 35A–35B). That concentrates substantial decision‑making discretion in a public servant and creates reliance on delegated inspectors and processes (ss 35D–35F). The protected‑information and closed VCAT procedure (ss 34ZA, 34ZP–34ZQ) manage police confidentiality but increase procedural complexity and reduce public transparency.  \n\n**Key sections to read if you deal with tobacco supply or regulation**\n\n- Licensing duty and penalties: s 33A;  \n- Application and suitability checks: ss 34A, 34Z;  \n- Regulator functions and enforcement: ss 35, 35C;  \n- Licensing inspectors’ powers (entry, seizure, warrants): ss 35I–35Q, 35K;  \n- Immediate suspension for illicit tobacco: s 34R;  \n- Protected information and review procedures: ss 34ZA, 34ZP–34ZQ;  \n- Improvement notices and enforceable undertakings: ss 35ZC–35ZF, 35ZH–35ZI;  \n- Point‑of‑sale and advertising controls retained: ss 6, 6A.  \n\n(References in parentheses are to sections of the Tobacco Act 1987 as amended to 1 Feb 2026.)"}},"importantCases":[],"_links":{"self":"/api/acts/tobacco-act-1987","history":"/api/acts/tobacco-act-1987/history","analysis":"/api/acts/tobacco-act-1987/analysis","conflicts":"/api/acts/tobacco-act-1987/conflicts","importantCases":"/api/acts/tobacco-act-1987/important-cases","documents":"/api/acts/tobacco-act-1987/documents"}}