{"id":"tobacco-and-e-cigarette-products-act-1997","name":"Tobacco and E-Cigarette Products Act 1997","slug":"tobacco-and-e-cigarette-products-act-1997","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110558,"registerId":"sa-tobacco-and-e-cigarette-products-act-1997-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Tobacco and E-Cigarette Products Act 1997.\n3—Objects of Act\nIn recognition of the fact that the consumption of tobacco products impairs the health of the citizens of the State and places a substantial burden on the State's financial resources, and in recognition of the potential harm caused by smoking e‑cigarettes, the objects of this Act are—\n\t(b)\tto take steps to eliminate the uptake of smoking and to reduce the consumption of tobacco products and e‑cigarette products to the greatest extent possible, especially by young people—\n\t(i)\tby requiring health warnings to be displayed on tobacco products and e‑cigarette products and otherwise disseminating information about the harmful effects of such smoking or consumption;\n\t(ii)\tby prohibiting the supply of tobacco products and e‑cigarette products to children;\n\t(iii)\tby encouraging non-smokers, especially young people, not to start smoking and encouraging and assisting smokers to give up smoking;\n\t(iv)\tby prohibiting or limiting advertising, sponsorships and other practices designed to promote or publicise tobacco products and e‑cigarette products and their consumption;\n\t(v)\tby reducing the availability of tobacco products and e‑cigarette products;\n\t(c)\tto protect non-smokers from unwanted and unreasonable exposure to tobacco smoke and e‑cigarette vapour;\n\t(d)\tto ensure that the sale of tobacco products is conducted honestly and free from interference, criminal influence and exploitation.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nact includes an omission; and to act has a corresponding meaning;\nadvertise tobacco products or e‑cigarette products means take any action that is designed to publicise or promote such products, smoking, or the sale of such products, whether visual or auditory means are employed and whether such products are directly depicted or referred to or symbolism of some kind is employed, and includes take any action of a kind prescribed by regulation;\nauthorised officer means an authorised officer under Part 5;\nbody corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nchild means a person under the age of 18 years;\ncigarette does not include an e‑cigarette;\nconsume means—\n\t(a)\tin relation to a tobacco product—\n\t(i)\tsmoke; or\n\t(ii)\tinhale (in the form of a powder); or\n\t(iii)\tchew or suck; or\n\t(iv)\tgive away; or\n\t(b)\tin relation to an e‑cigarette—smoke;\ncontract of service means—\n\t(a)\ta contract under which 1 person is employed by another; or\n\t(b)\ta training contract under the South Australian Skills Act 2008; or\n\t(c)\ta contract, arrangement or understanding under which a person receives on‑the‑job training from another;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety;\ne‑cigarette—see section 5;\ne‑cigarette advertisement includes any writing, still or moving picture, sign, symbol or other visual image or message designed to promote or publicise—\n\t(a)\tthe purchase or use of an e‑cigarette product; or\n\t(b)\ta trademark or brand name, or part of a trademark or brand name, of an e‑cigarette product;\ne‑cigarette product—see section 5;\nemployee means a person who is employed under a contract of service or who works under a contract of service;\nenclosed public place, workplace or shared area means—\n\t(a)\tan enclosed public place; or\n\t(b)\tan enclosed workplace; or\n\t(c)\tan enclosed shared area;\nlabel includes information that is enclosed in or attached to or is provided with a package containing tobacco products or e‑cigarette products but that does not comprise part of the package;\nlicence means—\n\t(a)\ta retail licence; or\n\t(b)\ta wholesale licence;\nmulti-unit premises means premises divided into parts that are in separate ownership or let or provided for separate occupation;\nofficer, in relation to a body corporate, means—\n\t(a)\ta director of the body corporate; or\n\t(b)\tthe chief executive officer of the body corporate; or\n\t(c)\ta receiver or manager of any property of the body corporate or a liquidator of the body corporate,\nand includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with management responsibilities in respect of the matters to which the contravention or alleged contravention related;\nplace includes a vehicle;\npremises means—\n\t(a)\tany land, building or structure; or\n\t(b)\tany vehicle;\nprescribed packaging requirements means—\n\t(a)\tthe requirements for the retail packaging and appearance of tobacco products in the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; and\n\t(c)\tany other requirements prescribed by the regulations;\nprohibited product—see section 39C;\npublic area or public place means an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise);\npurchase of tobacco products or e‑cigarette products includes receipt of such products in the course of a business (whether or not for valuable consideration);\nrecord includes any book, document or writing and any other source of information compiled, recorded or stored by computer or other process, or in any other manner or by any other means;\nresidential premises means—\n\t(a)\ta house, home or residential unit, apartment or flat; or\n\t(b)\ta bedroom or living area let or provided for separate occupation (for example, accommodation in a motel, hotel, boarding house, hostel, nursing home or college or accommodation for employees); or\n\t(d)\tany other place of a kind prescribed by regulation;\nretail connotes a sale to a consumer;\nretail licence—see section 7;\nSACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nsell includes supply in the course of a business (whether or not for valuable consideration) and offer or expose for sale or such supply, and sale has a corresponding meaning;\nshared area means an area in multi-unit premises the use of which is shared by persons from various parts of the premises that are in separate ownership or occupation;\nshisha tobacco means a fibrous plant product (whether or not comprised of or containing tobacco) that is designed for smoking in a shisha, hookah, water pipe or similar device;\nsmoke means—\n\t(a)\tin relation to a tobacco product—smoke, hold or otherwise have control over, an ignited tobacco product; or\n\t(b)\tin relation to an e‑cigarette—inhale from, hold or otherwise have control over, an e‑cigarette that is in use;\nsponsorship includes a scholarship, prize, gift or other benefit;\nsucking tobacco means tobacco that has been prepared for sucking but not chewing;\ntobacco advertisement includes any writing, still or moving picture, sign, symbol or other visual image or message designed to promote or publicise—\n\t(a)\tthe purchase or use of a tobacco product; or\n\t(b)\ta trademark or brand name, or part of a trademark or brand name, of a tobacco product;\ntobacco product means—\n\t(a)\ta cigarette; or\n\t(b)\ta cigar; or\n\t(c)\tcigarette or pipe tobacco; or\n\t(ca)\tshisha tobacco; or\n\t(d)\ttobacco prepared for chewing or sucking; or\n\t(e)\tsnuff; or\n\t(f)\tany other product, of a kind prescribed by regulation, that is comprised of or contains tobacco; or\n\t(g)\tany product (other than an e‑cigarette product) that does not contain tobacco but is designed for smoking,\nand includes any packet, carton, shipper or other device in which any of the above is contained;\ntrust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries;\ntrust or corporate entity means a trust or a body corporate;\nvehicle includes any kind of aircraft or vessel;\nvending machine means a device from which a product can be obtained by the use of a payment card or the insertion of a coin, banknote or token;\nwholesale connotes a sale for the purpose of resale;\nwholesale licence—see section 7;\nworkplace has the same meaning as in the Work Health and Safety Act 2012, but does not include—\n\t(a)\ta place occupied as residential premises; or\n\t(b)\ta place (other than a vehicle) where only a single self-employed person is working; or\n\t(c)\ta vehicle that is used for work purposes by only one person; or\n\t(d)\tany other place of a kind prescribed by regulation.\n\t(3)\tA place or area is enclosed if it is fully enclosed or is at least partially covered by a ceiling and has walls such that the total area of the ceiling and wall surfaces exceeds 70 per cent of the total notional ceiling and wall area.\n\t(4)\tFor the purposes of subsection (3)—\n\t(a)\tceiling includes any structure or device (whether fixed or movable) that prevents or impedes upward airflow, but does not include anything prescribed by regulation;\n\t(b)\twall includes any structure or device (whether fixed or movable) that prevents or impedes lateral airflow, but does not include anything prescribed by regulation;\n\t(c)\tthe total notional ceiling and wall area is the sum of—\n\t(i)\twhat would be the total area of the wall surfaces if—\n\t(A)\tthe walls were continuous, any gap in the walls being filled by a surface of the minimum area required for the purpose; and\n\t(B)\tthe walls were of a uniform height equal to the lowest height of the ceiling; and\n\t(ii)\twhat would be the floor area of the space within the walls if the walls were continuous as referred to in subparagraph (i).\n\t(5)\tFor the purposes of this Act, a person occupies a position of authority in a trust or corporate entity if the person—\n\t(i)\tis a director of the body corporate; or\n\t(ii)\texercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or\n\t(iii)\tmanages, or is to manage, the business of the body corporate to be carried out under a licence; or\n\t(iv)\tif the body corporate is a proprietary company—is a shareholder in the body corporate; or\n\t(b)\tin the case of a trust—is a trustee or beneficiary of the trust.\n\t(6)\tHowever—\n\t(a)\ta child who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and\n\t(b)\ta charitable organisation that is the beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust.\n5—Definition of e‑cigarette product and related terms\n\t(1)\tIn this Act—\ne‑cigarette means—\n\t(a)\ta device (whether or not filled with a vaping substance) that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or\n\t(b)\ta device to which paragraph (a) would apply if the device were not temporarily or permanently inoperable, incomplete, damaged or unfinished;\ne‑cigarette accessory means a cartridge, capsule, pod or other vessel—\n\t(a)\tthat is for use in, or with, an e‑cigarette; and\n\t(b)\twhether or not the cartridge, capsule, pod or other vessel—\n\t(i)\tcontains a vaping substance; or\n\t(ii)\tis designed or intended to be refilled;\ne‑cigarette product means any of the following:\n\t(a)\tan e‑cigarette;\n\t(b)\tan e‑cigarette accessory;\n\t(c)\ta vaping substance;\n\t(d)\ta product the presentation of which includes an express or implied representation that the product is of a kind referred to in paragraph (a), (b) or (c);\n\t(e)\ta product of a kind or class determined to be an e‑cigarette product under subsection (3);\nvaping substance means—\n\t(a)\tnicotine in solution in any concentration (including in a salt or base form); or\n\t(b)\tany liquid or other substance for use in, or with, an e‑cigarette,\nand includes a container (other than an e‑cigarette or an e‑cigarette accessory), or part of such a container, in which a liquid or other substance referred to in paragraph (a) or (b) is present.\n\t(2)\tFor the purposes of paragraph (d) of the definition of e‑cigarette product in subsection (1)—\n\t(a)\tthe presentation of the product includes matters in relation to—\n\t(i)\tthe name of the product; and\n\t(ii)\tthe labelling and packaging of the product; and\n\t(iii)\tany advertising or informational material associated with the use or supply of the product; and\n\t(b)\ta product is taken to be presented as being a particular kind of product even if the presentation—\n\t(i)\tis capable of being misleading or confusing as to the content or proper use or identification of the product; or\n\t(ii)\tsuggests that the product has ingredients, components or characteristics that it does not have.\n\t(3)\tThe Minister may, by notice in the Gazette, determine that, for the purposes of this Act, a specified product or a specified class of product—\n\t(a)\tis or is not an e‑cigarette product; or\n\t(b)\twhen used, advertised, or presented for use or supply in a particular way, is or is not an e‑cigarette product.\n5A—Provisions governing whether person is fit and proper\n\t(1)\tA person is not a fit and proper person for a particular purpose under this Act if—\n\t(a)\tthe person has been found guilty or convicted of an offence as prescribed by the regulations; or\n\t(b)\tin the case of a body corporate—\n\t(i)\tthe body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or\n\t(ii)\tthe body corporate is a prescribed organisation; or\n\t(c)\tin the case of an individual, the individual—\n\t(i)\tis—\n\t(A)\ta member of a prescribed organisation; or\n\t(B)\ta close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or\n\t(ii)\tis an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth.\n\t(2)\tA person is not a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence if—\n\t(a)\tthe person has been found guilty or convicted of an offence as prescribed by the regulations; or\n\t(b)\tthe person is—\n\t(i)\ta member of a prescribed organisation; or\n\t(ii)\ta close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or\n\t(c)\tthe person is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth.\n\t(3)\tIn deciding whether a person is a fit and proper person for a particular purpose under this Act, the Minister must take into consideration—\n\t(a)\tthe reputation, honesty and integrity (including the creditworthiness) of the person; and\n\t(b)\tthe reputation, honesty and integrity of people with whom the person associates; and\n\t(c)\tif the person is a body corporate—whether the body corporate is being wound up or is under official management or in receivership; and\n\t(d)\tany other factor relevant to the particular purpose to which the decision relates, including any relevant offence of which the person has been convicted or found guilty.\nNote—\nA relevant factor might, for example, be that a person (or, if the person is a body corporate, a director of the body corporate) has been a director of a number of bodies corporate wound up for the benefit of creditors.\nclose associate—see subsection (5);\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 whether declared as such under that Act or not;\nprescribed organisation—the following are prescribed organisations:\n\t(a)\ta declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008;\n\t(b)\ta criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935;\n\t(c)\tany other organisation prescribed by the regulations for the purposes of this definition;\nrelated body corporate—bodies corporate are related for the purposes of this section if they are related within the meaning of the Corporations Act 2001 of the Commonwealth;\nspouse—a person is the spouse of another if they are legally married.\n\t(5)\tFor the purposes of this section, 2 persons are close associates if—\n\t(a)\t1 is a spouse, domestic partner, parent, brother, sister or child of the other; or\n\t(b)\tthey are members of the same household; or\n\t(c)\tthey are in partnership; or\n\t(d)\tthey are related bodies corporate; or\n\t(e)\t1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or\n\t(f)\t1 is in a position to exercise control or significant influence over the conduct of the other.\n\t(6)\tFor the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licences","content":"Part 2—Licences\n6—Requirement for licence\n\t(1)\tA person must not—\n\t(a)\tcarry on the business of selling tobacco products by retail; or\n\t(b)\thold themself out as carrying on such a business,\nunless the person holds a retail licence.\n\t(2)\tA person must not—\n\t(a)\tcarry on the business of selling tobacco products by wholesale; or\n\t(b)\thold themself out as carrying on such a business,\nunless the person holds a wholesale licence.\n7—Licences\n\t(1)\tThe Minister may, on application by a person, issue or refuse to issue a licence under this Part which authorises the person, subject to this Act and the conditions of the licence, to sell tobacco products—\n\t(a)\tby retail (a retail licence); or\n\t(b)\tby wholesale (a wholesale licence).\n\t(2)\tAn application for a licence must—\n\t(a)\tbe made to the Minister in a manner and form determined by the Minister; and\n\t(b)\tcontain the information required by the Minister; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(3)\tThe Minister must, before granting a licence, be satisfied that—\n\t(a)\tthe applicant is a fit and proper person to hold the licence; and\n\t(b)\tif the applicant is a trust or corporate entity—that each person who occupies a position of authority in the trust or corporate entity is a fit and proper person to occupy such a position in an entity holding such a licence.\n8—Application for licence to be given to Commissioner of Police\n\t(1)\tThe Minister must, in relation to each application for a licence—\n\t(a)\tgive the Commissioner of Police a copy of the application; or\n\t(b)\tnotify the Commissioner of Police of the identity of the applicant or, if the applicant is a trust or corporate entity, the identity of each person who occupies a position of authority in the trust or corporate entity.\n\t(2)\tAs soon as reasonably practicable following receipt of an application, or information in respect of an application, the Commissioner of Police—\n\t(a)\tmust make available to the Minister such information about criminal convictions as the Commissioner of Police considers relevant to whether the application should be granted; and\n\t(b)\tmay make available to the Minister such other information to which the Commissioner of Police has access and considers relevant to whether the application should be granted.\n9—Conditions of licence\n\t(1)\tThe Minister may impose a condition on a licence, or vary or revoke a condition of a licence—\n\t(a)\ton application by the holder of the licence; or\n\t(b)\ton the grant or suspension of a licence; or\n\t(c)\ton application by the Commissioner of Police; or\n\t(d)\tat any time on the Minister's own initiative.\n\t(2)\tWithout limiting subsection (1), a condition of a licence may limit the sale of tobacco products, including by—\n\t(a)\tpreventing the holder of the licence from selling such products except at a place or places specified in the condition; or\n\t(b)\trestricting the points of sale of such products within the place or places at which the holder of the licence may sell such products under the licence; or\n\t(c)\trestricting the manner and circumstances in which such products may be sold; or\n\t(d)\trestricting the wholesale of such products to persons unless the person holds a specified authorisation (whether under this or any other Act or law).\n\t(3)\tBefore imposing, varying or revoking a condition under subsection (1)(c) or (d), the Minister must—\n\t(a)\tgive notice in writing to the holder of the licence of the proposed imposition, variation or revocation of the condition; and\n\t(b)\tallow the holder of the licence a period of 28 days (or such longer period as the Minister may in any particular case allow) to show cause why the condition should not be imposed, varied or revoked.\n\t(4)\tIt is a condition of a licence that the holder of the licence must—\n\t(a)\tkeep and retain information relevant to the business carried out under the licence in accordance with the requirements of the regulations; and\n\t(b)\tprovide such information to the Minister in the manner prescribed by the regulations—\n\t(i)\tat the prescribed times; or\n\t(ii)\tat any other time on the written request of the Minister.\n\t(5)\tThe holder of a licence must not contravene a condition of the licence.\n10—How licences are to be held\n\t(1)\tA licence may be held jointly by 2 or more persons.\n\t(2)\tIf a licence is held jointly by 2 or more persons, those persons are jointly and severally liable for any civil or criminal liability that attaches to the holder of the licence under this Act.\n\t(3)\tIf the trustee of a trust holds a licence for the purposes of a business conducted by the trustee under a trust—\n\t(a)\tthe name of the trust is to be specified in the licence; and\n\t(b)\tthe trust is to be considered as an entity holding the licence jointly with the trustee.\n11—Annual fee and return\n\t(1)\tThe holder of a licence (including the holder of a licence that has been suspended) must, in each year, not later than the day fixed by the regulations—\n\t(a)\tpay to the Minister an annual fee; and\n\t(b)\tprovide to the Minister an annual return in the manner and form, and containing the information, required by the Minister.\n\t(2)\tIf the holder of a licence fails to pay the annual fee or provide the annual return in accordance with subsection (1), the Minister may, by notice in writing, require them to make good the default.\n\t(3)\tIf the holder of the licence fails to comply with the notice within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence is cancelled.\n\t(4)\tThe Minister must notify the holder of the licence in writing of the cancellation of the licence.\n12—Notification of certain changes in holder of licence\n\t(1)\tThe holder of a licence must, within 14 days after a change in any prescribed particulars, notify the Minister in writing of that change.\n\t(2)\tIf a person assumes, or ceases to occupy, a position of authority in a trust or corporate entity that holds a licence, the holder of the licence must, within 14 days of the person assuming or ceasing to occupy that position—\n\t(a)\tnotify the Minister in writing of the name of the person who has assumed, or ceased to occupy, the position; and\n\t(b)\tin the case of a person who has assumed a position of authority in a trust or corporate entity—provide the Minister with any information required by the Minister for the purposes of determining whether the person meets the requirements of section 7(3).\n\t(3)\tThe Minister may give a copy of a notice received under subsection (2) to the Commissioner of Police.\n\t(4)\tAs soon as reasonably practicable following receipt of a notice under subsection (3), the Commissioner of Police—\n\t(a)\tmust make available to the Minister information about criminal convictions; and\n\t(b)\tmay make available to the Minister other information to which the Commissioner of Police has access,\nrelevant to whether the person identified in the notice is a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence.\nprescribed particulars means the following:\n\t(a)\tthe business or trading name under which the holder of the licence carries on business;\n\t(b)\tany address for service or other email address, telephone number or street or postal address provided by the holder of the licence for purposes connected with the licence;\n\t(c)\tany other particulars prescribed by the regulations.\n13—Surrender of licence\nThe holder of a licence may, at any time by notice in writing to the Minister, surrender their licence, at which time the licence ceases to have effect.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offences","content":"Part 3—Offences\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Offences relating to tobacco products","content":"Division 1—Offences relating to tobacco products\n30—Restrictions on sale of tobacco products\n\t(1)\tThe following provisions apply in relation to the sale of tobacco products:\n\t(a)\ta person must not sell cigarettes—\n\t(i)\tsingly or loose; or\n\t(ii)\tif the package enclosing the cigarettes—\n\t(A)\tcontains, or is designed to contain, fewer than 20 cigarettes; or\n\t(B)\tis able, or is readily able, to be divided into portions containing fewer than 20 cigarettes each;\n\t(b)\ta person must not sell a tobacco product unless it is enclosed in a package that complies with the prescribed packaging requirements;\n\t(e)\ta person must not sell a tobacco product by retail if the order for the product has been placed by mail, telephone, fax, email, Internet or other electronic means.\n\t(1a)\tIn subsection (1)(b), a reference to a tobacco product enclosed in a package includes a tobacco product that is enclosed in 2 or more packages.\n31—Requirements for packaging tobacco products\nA person must not package tobacco products for retail sale in a manner that the person knows or ought reasonably to know does not comply with the prescribed packaging requirements.\n32—Prohibition on sale or supply of certain tobacco products\nA person must not sell or supply tobacco products that the person knows or ought reasonably to know—\n\t(a)\tare prohibited goods as defined in the Customs Act 1901 of the Commonwealth; or\n\t(b)\tare excisable goods as defined in the Excise Act 1901 of the Commonwealth on which excise duty has not been paid.\n33—Possession of certain tobacco products\n\t(1)\tA person must not, without lawful excuse, have possession of prescribed tobacco products for the purpose of sale.\n\t(2)\tIn this section—\nprescribed tobacco product means tobacco products that—\n\t(a)\tare prohibited goods within the meaning of the Customs Act 1901 of the Commonwealth; or\n\t(b)\tdo not comply with the prescribed packaging requirements.\n\t(3)\tIn proceedings for an offence against subsection (1), if it is proved that the defendant had possession of a quantity of prescribed tobacco products that equals or exceeds the prescribed quantity, it is presumed, in the absence of proof to the contrary, that the defendant had possession of the prescribed tobacco products for the purposes of sale.\n34A—Prohibited tobacco products\n\t(1)\tThe Minister may, by notice in the Gazette, declare that a class of tobacco products specified in the notice are prohibited tobacco products.\n\t(2)\tThe Minister must not make a declaration under subsection (1) unless the Minister is satisfied that—\n\t(a)\tthe tobacco products, or the smoke of the products, possesses a distinctive fruity, sweet or confectionary-like character; and\n\t(b)\tthe nature of the products, or the way they are advertised, might encourage young people to smoke.\n\t(3)\tThe Minister may, by further notice in the Gazette, vary or revoke a notice under this section.\n\t(4)\tA person must not sell a prohibited tobacco product.\n35—Sale of sucking tobacco\nA person must not sell sucking tobacco.\n36—Products designed to resemble tobacco products\nA person must not sell any product (other than a tobacco product or an e‑cigarette) that is designed to resemble a tobacco product.\n37—Sale of tobacco products by vending machine\nA person must not sell cigarettes or any other tobacco product by means of a vending machine.\n38—Carrying tray etc of tobacco products for making of successive retail sales\n\t(1)\tA person must not go amongst persons in premises carrying tobacco products in a tray or container or otherwise on their person for the purpose of making successive sales of such products by retail.\n\t(2)\tA person must not cause or permit another to engage in the practice referred to in subsection (1) in premises under the person's control.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Offences relating to e‑cigarette products","content":"Division 2—Offences relating to e‑cigarette products\n39A—Offence relating to sale or supply of e‑cigarette products\n\t(1)\tA person must not sell or supply an e‑cigarette product.\n\t(2)\tSubsection (1) does not apply to a person who is authorised under any other Act or law to sell or supply e‑cigarette products.\n39B—Offence relating to possession of e‑cigarette products\n\t(1)\tA person must not have possession of an e‑cigarette product for the purpose of sale.\n\t(2)\tSubsection (1) does not apply to a person in possession of an e‑cigarette product for the purpose of a sale that is authorised under any other Act or law.\n\t(3)\tIn proceedings for an offence against subsection (1), if it is proved that the defendant had possession of a quantity of e‑cigarette products that equals or exceeds the prescribed quantity, it is presumed, in the absence of proof to the contrary, that the defendant had possession of the e‑cigarette products for the purposes of sale.\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Prohibited products","content":"Division 3—Prohibited products\n39C—Prohibited products\n\t(1)\tThe Minister may, by notice in the Gazette, declare that a product or a class of products specified in the notice is a prohibited product.\n\t(2)\tThe Minister must not make a declaration under subsection (1) unless the Minister is satisfied that the product—\n\t(a)\tis presented or advertised in a manner that indicates that the product contains nicotine; or\n\t(b)\tmay be used, or is presented or advertised, as an alternative to smoking.\n\t(3)\tA person must not sell or supply a prohibited product.\n\t(4)\tA person must not have possession of a prohibited product for the purpose of sale.\n","sortOrder":5},{"sectionNumber":"Div 4","sectionType":"division","heading":"Offences relating to children","content":"Division 4—Offences relating to children\n39D—Sale or supply of tobacco products by children\n\t(1)\tA person must not employ, authorise or allow a child to sell or supply a tobacco product other than in accordance with this section.\n\t(b)\tin the case of an individual—$315.\n\t(2)\tThis section does not prevent the employment or authorisation of a child to sell or supply a tobacco product if the child is of or above the age of 16 years.\n39E—Sale or supply of certain products to children\n\t(1)\tIf a tobacco product is sold or supplied to a child, the responsible person is guilty of an offence, or if there is more than one responsible person, each responsible person is guilty of an offence.\n\t(a)\tin the case of a responsible person who is the proprietor of a business—\n\t(i)\tin the case of a body corporate—\n\t(A)\tfor a first offence—$1 000 000;\n\t(B)\tfor a second or subsequent offence—$1 500 000;\n\t(ii)\tin the case of an individual—\n\t(A)\tfor a first offence—$500 000;\n\t(B)\tfor a second or subsequent offence—$750 000;\n\t(b)\tin any other case—\n\t(i)\tin the case of a body corporate—\n\t(A)\tfor a first offence—$750 000;\n\t(B)\tfor a second or subsequent offence—$1 100 000;\n\t(ii)\tin the case of an individual—\n\t(A)\tfor a first offence—$350 000;\n\t(B)\tfor a second or subsequent offence—$700 000.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) that was allegedly committed in the course of a business to prove that—\n\t(a)\tthe proprietor of the business or some person acting on behalf of the proprietor of the business required the minor to produce evidence of age of a kind prescribed by regulation; and\n\t(b)\tthe minor made a false statement, or produced false evidence, in response to that requirement; and\n\t(c)\tin consequence the person who served or assisted the minor reasonably assumed that the minor was of or above the age of 18 years.\n\t(3)\tIt is a defence to a charge of an offence against subsection (1) that was allegedly committed otherwise than in the course of a business to prove that the defendant had reasonable cause to believe that the child was of or above the age of 18 years.\n\t(4)\tThe defence under subsection (2) or (3) applies to the exclusion of the general defence under section 79.\n\t(5)\tA person who sells tobacco products by retail must display a notice in the prescribed form setting out the effect of, and the penalty for, an offence against subsection (1) in a manner and position that is likely to attract the attention of customers.\n\t(5a)\tA person who sells or supplies an e‑cigarette product to a child is guilty of an offence.\n\t(i)\tfor a first offence—$1 000 000;\n\t(ii)\tfor a second or subsequent offence—$1 500 000;\n\t(i)\tfor a first offence—$500 000;\n\t(ii)\tfor a second or subsequent offence—$750 000.\n\t(5b)\tA person who sells or supplies a prohibited product to a child is guilty of an offence.\n\t(i)\tfor a first offence—$1 000 000;\n\t(ii)\tfor a second or subsequent offence—$1 500 000;\n\t(i)\tfor a first offence—$500 000;\n\t(ii)\tfor a second or subsequent offence—$750 000.\n\t(6)\tIn this section—\nresponsible person, in relation to the sale or supply of a tobacco product or e‑cigarette product to a child, means—\n\t(a)\tif the product is sold or supplied in the course of a business—\n\t(i)\tthe proprietor of the business; or\n\t(ii)\ta person who sells or supplies the product on behalf of the proprietor; or\n\t(c)\tif the product is sold or supplied otherwise than in the course of a business—the person who sells or supplies the product.\n","sortOrder":6},{"sectionNumber":"Div 5","sectionType":"division","heading":"Offences relating to promotion of tobacco products and e‑cigarette products","content":"Division 5—Offences relating to promotion of tobacco products and e‑cigarette products\n40—Certain advertising prohibited\n\t(1)\tA person must not advertise tobacco products or e‑cigarette products in the course of a business or for any direct or indirect pecuniary benefit.\n\t(2)\tA person must not—\n\t(a)\tdistribute to the public any unsolicited leaflet, handbill, or other document that constitutes a tobacco advertisement or e‑cigarette advertisement; or\n\t(b)\tsell any object that constitutes or contains a tobacco advertisement or e‑cigarette advertisement.\n\t(3)\tThis section does not apply in relation to—\n\t(a)\tthe display, in accordance with the regulations, of signs outside premises where tobacco products are sold; or\n\t(b)\tthe provision of assistance to customers or potential customers by sales assistants in premises where tobacco products or e‑cigarette products are sold; or\n\t(c)\taction of a kind prescribed by regulation; or\n\t(e)\tan invoice, statement, order, letterhead, business card, cheque, manual or other document ordinarily used in the course of business.\n41—Prohibition of certain sponsorships\n\t(1)\tA person must not promote or publicise, or agree to promote or publicise—\n\t(a)\ta tobacco product or e‑cigarette product or a trademark or brand name, or part of a trademark or brand name, of a tobacco product or e‑cigarette product; or\n\t(b)\tthe name or interests of a manufacturer or distributor of a tobacco product or e‑cigarette product in association directly or indirectly with that product,\nunder a contract, or an arrangement (whether or not legally binding), under which a sponsorship is provided, or to be provided, by another person.\n\t(2)\tA person must not provide, or agree to provide, a sponsorship under a contract or arrangement of a kind referred to in subsection (1).\n42—Competitions and reward schemes etc\n\t(1)\tA person must not, in connection with the sale of a tobacco product or e‑cigarette product, or for the purpose of promoting the sale of a tobacco product or e‑cigarette product—\n\t(a)\tprovide or offer to provide—\n\t(i)\ta prize, gift or other benefit; or\n\t(ii)\ta stamp, coupon, token, voucher, ticket or other thing by virtue of which any person may become entitled to, or may qualify for a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or\n\t(iii)\ta number of points, or a similar device, by the accumulation of which a person may become entitled to, or qualify for, a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or\n\t(b)\tconduct a scheme declared by regulation to be a scheme to promote the sale of a tobacco product or e‑cigarette product or to promote smoking generally.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1)(a) to prove that it was not practicable for the person to identify the particular item or items purchased that gave rise to the supply of the benefit or thing.\n43—Free samples\nA person must not, for the purpose of inducing or promoting the sale of a tobacco product or e‑cigarette product, offer or give to a member of the public a free sample of such a product.\n45—Business promotions to attract smokers\n\t(1)\tA person must not display signs, or engage in a practice of any kind, designed to promote a business as welcoming or permitting smoking on its premises.\n\t(2)\tThis section does not apply in relation to the display of a sign, in accordance with the requirements of the regulations, that indicates an area where smoking is not prohibited.\n","sortOrder":7},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous","content":"Division 6—Miscellaneous\n45A—Possession and supply of certain quantities of prescribed product\n\t(1)\tA person who, without lawful excuse—\n\t(a)\thas possession of a commercial quantity of a prescribed product; or\n\t(b)\tsupplies to another person a commercial quantity of a prescribed product,\n\t(i)\tfor a first offence—$2 225 000;\n\t(ii)\tfor a second or subsequent offence—$4 500 000;\n\t(i)\tfor a first offence—$1 050 000;\n\t(ii)\tfor a second or subsequent offence—$2 100 000.\n\t(2)\tA person who, without lawful excuse—\n\t(a)\thas possession of a large commercial quantity of a prescribed product; or\n\t(b)\tsupplies to another person a large commercial quantity of a prescribed product,\n\t(i)\tfor a first offence—$4 500 000;\n\t(ii)\tfor a second or subsequent offence—$6 600 000;\n\t(i)\tfor a first offence—$2 100 000;\n\t(ii)\tfor a second or subsequent offence—$4 200 000.\ncommercial quantity of a prescribed product means a quantity of the product that equals or exceeds the amount prescribed for the purposes of this definition;\nlarge commercial quantity of a prescribed product means a quantity of the product that equals or exceeds the amount prescribed for the purposes of this definition;\nprescribed product means—\n\t(a)\tan e‑cigarette product; or\n\t(b)\ta prescribed tobacco product within the meaning of section 33(2); or\n\t(c)\ta prohibited product.\n45B—Offence related to engaging in prohibited conduct on premises\n\t(1)\tA person who, being the owner of premises or having the management or control of premises, knowingly causes or permits another to engage in prohibited conduct on the premises is guilty of an offence.\n\t(i)\tfor a first offence—$25 000;\n\t(ii)\tfor a second or subsequent offence—$50 000;\n\t(i)\tfor a first offence—$10 000;\n\t(ii)\tfor a second or subsequent offence—$20 000.\n\t(2)\tIn this section—\nprohibited conduct means conduct constituting an offence against a provision set out in Schedule A1.\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Restrictions on smoking","content":"Part 4—Restrictions on smoking\n46—Smoking banned in enclosed public places, workplaces and shared areas\n\t(1)\tSmoking is banned in an enclosed public place, workplace or shared area.\n\t(2)\tIf a person smokes in contravention of subsection (1), the person is guilty of an offence.\n\t(3)\tIf smoking occurs in an enclosed public place in contravention of subsection (1), the occupier of the place is guilty of an offence.\n\t(i)\tfor a first offence—$25 000;\n\t(ii)\tfor a second or subsequent offence—$50 000;\n\t(i)\tfor a first offence—$10 000;\n\t(ii)\tfor a second or subsequent offence—$20 000.\n\t(4)\tIf smoking occurs in an enclosed workplace in contravention of subsection (1), the employer with responsibility for the workplace under the Work Health and Safety Act 2012 is guilty of an offence.\n\t(i)\tfor a first offence—$25 000;\n\t(ii)\tfor a second or subsequent offence—$50 000;\n\t(i)\tfor a first offence—$10 000;\n\t(ii)\tfor a second or subsequent offence—$20 000.\n\t(5)\tIt is a defence to an offence against subsection (3) or (4) if the defendant proves—\n\t(a)\tthat he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred; and\n\t(b)\tthat—\n\t(i)\the or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or\n\t(ii)\the or she requested the person smoking to stop smoking and informed the person that the person was committing an offence.\n48—Smoking in motor vehicle if child present\n\t(1)\tA person must not smoke in a motor vehicle if a child is also present in the motor vehicle.\n\t(2)\tIn proceedings for an offence against this section an allegation in the complaint that a child was present in a motor vehicle at a specified time will be accepted as proved in the absence of proof to the contrary.\nchild means a person under 16 years of age;\nmotor vehicle has the same meaning as in the Motor Vehicles Act 1959.\n49—Smoking banned in certain public transport areas\n\t(1)\tA person must not smoke in a prescribed public transport area.\n\t(2)\tWithout limiting any other provision of this Act, subsection (1) does not apply to a person smoking in a motor vehicle.\n\t(3)\tFor the purposes of this section, a person will be taken to be in a prescribed public transport area if any part of the person is within the prescribed public transport area.\n\t(4)\tIn proceedings for an offence against this section, an allegation in the complaint that a specified place is a prescribed public transport area will be accepted as proved in the absence of proof to the contrary.\nprescribed public transport area means—\n\t(a)\tany part of a bus stop, tram stop, railway station, taxi rank, airport or similar place that is—\n\t(i)\ta public area; and\n\t(ii)\tused or intended to be used, by passengers boarding or alighting from public transport; and\n\t(iii)\twholly or partly covered by a roof; and\n\t(b)\tany public area within 5 m of a place described in paragraph (a);\npublic transport includes—\n\t(a)\ta taxi service; and\n\t(b)\ta transport service provided by aircraft or vessel.\n50—Smoking banned near certain playground equipment\n\t(1)\tA person in a public area must not smoke within 10 metres of any prescribed children's playground equipment.\n\t(2)\tWithout limiting any other provision of this Act, subsection (1) does not apply to a person smoking in a motor vehicle.\n\t(3)\tFor the purposes of this section—\n\t(a)\ta person will be taken to be in a public area if any part of the person is within the public area; and\n\t(b)\ta person will be taken to be within 10 metres of prescribed children's playground equipment if any part of the person is within 10 metres of any part of the prescribed children's playground equipment.\n\t(4)\tIn proceedings for an offence against this section, an allegation in the complaint that—\n\t(a)\tspecified equipment is children's playground equipment; or\n\t(b)\tspecified children's playground equipment is prescribed children's playground equipment,\nwill be accepted as proved in the absence of proof to the contrary.\nprescribed children's playground equipment means children's playground equipment (however described) that is located in a public area.\n51—Smoking banned in certain public areas—short term bans\n\t(1)\tThe Minister may, by notice in the Gazette, declare that smoking is banned in the public area or areas described, or shown on a map, in the notice and during a period not exceeding 90 days specified in the notice.\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmay be of general application or vary in its application in respect of each public area to which it applies; and\n\t(b)\tmay exempt specified areas, specified circumstances or specified times from the operation of subsection (4); and\n\t(c)\tmay be conditional or unconditional.\n\t(3)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1).\n\t(4)\tA person who smokes in contravention of a notice under subsection (1) is guilty of an offence.\n\t(5)\tThe occupier of a public area to which a notice under subsection (1) applies must place signs in the area setting out the effect of the notice in the manner determined by the Minister by notice in the Gazette.\n\t(6)\tFor the purposes of this section, a person will be taken to be in a particular area if any part of the person is within the area.\n52—Smoking banned in certain public areas—longer term bans\n\t(1)\tThe Governor may, by regulation, declare that smoking is banned in the public areas described, or shown on a map, in the regulations for the purposes of this section.\n\t(2)\tA person who smokes in a public area declared by the regulations to be a public area in which smoking is banned is guilty of an offence.\n\t(3)\tA regulation made under this section—\n\t(a)\tmay exempt specified areas, specified circumstances or specified times from the operation of subsection (2); and\n\t(b)\tmay be conditional or unconditional.\n\t(4)\tThe occupier of a public area to which a declaration under this section applies must indicate the effect of the declaration to persons within the area in the manner prescribed by the regulations.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Investigations","content":"Part 5—Investigations\n63—Appointment of authorised officers\n\t(1)\tThe Minister may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tThe Minister, may at any time, revoke an appointment or vary, revoke or add a condition of an appointment.\n\t(4)\tAll police officers are authorised officers for the purposes of this Act.\n64—Identification of authorised officers\n\t(1)\tThe Minister must provide each authorised officer (other than a police officer) with a certificate of identity.\n\t(2)\tAn authorised officer (other than a police officer) must, at the request of a person in relation to whom the authorised officer has exercised, or intends to exercise, powers under the Act, produce their certificate of identity for the inspection of the person.\n65—Power to require information or records or attendance for examination\n\t(1)\tThe Minister may, for a purpose related to the administration or enforcement of this Act, by written notice served on a person, require the person—\n\t(a)\tto provide to the Minister (either orally or in writing) information that is described in the notice; or\n\t(b)\tto attend and give evidence before the Minister or an authorised officer; or\n\t(c)\tto produce to the Minister a record in the person's custody or control that is described in the notice.\n\t(2)\tThe Minister may require that evidence be given under this section on oath.\n\t(3)\tIf a person, without reasonable excuse, refuses or fails—\n\t(a)\tto comply with the requirements of a notice under this section within the period specified in the notice or any further period allowed by the Minister; or\n\t(b)\tto comply with any other requirement of the Minister as to the giving of evidence or the manner in which information or evidence is to be provided or given under this section,\nthe person is guilty of an offence.\n66—Powers of authorised officers\n\t(1)\tSubject to this Part, an authorised officer may—\n\t(a)\tenter and remain on premises and inspect the premises and any part of or thing in or on the premises as reasonably required in connection with the administration or enforcement of this Act;\n\t(b)\twith the authority of a warrant issued under this Part or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on premises;\n\t(c)\trequire a person to produce any record as reasonably required in connection with the administration or enforcement of this Act;\n\t(d)\texamine, copy or take extracts from a record or require a person to provide a copy of a record, as reasonably required in connection with the administration or enforcement of this Act;\n\t(e)\texamine and test ventilation and air conditioning equipment in an enclosed area that is subject to smoking restrictions under this Act;\n\t(f)\ttake photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act;\n\t(g)\tif the authorised officer suspects on reasonable grounds that an offence has been committed—seize and retain any record or thing that the officer believes—\n\t(i)\taffords evidence of the offence; or\n\t(ii)\thas been used in connection with the commission of the offence;\n\t(i)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;\n\t(j)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters;\n\t(k)\trequire a person holding or claiming to hold a licence to produce it for inspection;\n\t(l)\tgive directions reasonably required in connection with the exercise of a power conferred by this subsection or otherwise in connection with the administration and enforcement of this Act.\n\t(2)\tA magistrate may issue a warrant for the purposes of subsection (1) if satisfied that the warrant is reasonably required for the administration or enforcement of this Act.\n\t(3)\tIn the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.\n66AA—Further powers of police officers\n\t(1)\tA police officer may carry out general drug detection under the Controlled Substances Act 1984 in relation to premises that the police officer reasonably suspects are being used for the purposes of, or in connection with, the unlawful sale of tobacco products or e‑cigarette products (and, for the purposes of the Controlled Substances Act 1984, such premises will be taken to be an area to which section 52A of that Act applies).\n\t(2)\tA police officer may carry out a random weapon and explosive search in relation to premises that the police officer reasonably suspects are being used for the purposes of, or in connection with, the unlawful sale of tobacco products or e‑cigarette products.\n\t(3)\tA police officer may, in carrying out a search under this section, do 1 or more of the following:\n\t(a)\tenter and remain in the premises;\n\t(b)\tinspect or search the premises, any person on the premises and any equipment or other thing on the premises;\n\t(c)\texamine any substance, equipment or device;\n\t(d)\ttake and remove from the premises samples of any substance or goods;\n\t(e)\tcarry out tests;\n\t(f)\ttake photographs or films or make audio, visual or audiovisual records;\n\t(g)\tif the officer suspects on reasonable grounds that an offence against this Act has been committed—seize and remove from the premises anything that the officer has reasonable cause to suspect affords evidence of the offence;\n\t(h)\tgive such directions as are reasonably necessary for, or incidental to, the effective exercise of the officer's powers under this section.\n\t(4)\tNothing in this section authorises a police officer to conduct or require an intimate search, an intrusive search or an intimate intrusive search of a person.\n\t(5)\tA police officer may, in exercising powers under this section, use a detection dog, a metal detector or an electronic detection system.\n\t(6)\tNothing in this section limits any powers a police officer may have under the Firearms Act 2015, the Explosives Act 1936, the Summary Offences Act 1953 or any other Act or law.\n\t(7)\tIn this section—\ndetection dog means a dog that has completed training of a kind approved by the Commissioner of Police for the purpose of detecting the presence of firearms or explosive;\nelectronic detection system means—\n\t(a)\tan electronic device of a kind approved by the Commissioner of Police; or\n\t(b)\ta system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device,\nfor the purpose of detecting the presence of firearms or explosive;\ngeneral drug detection has the same meaning as in the Controlled Substances Act 1984;\nintimate intrusive search means an intrusive search of the rectum or vagina;\nintimate search means a search of the body that involves exposure of, or contact with the skin of, the genital or anal area, the buttocks or, in the case of a female, the breasts, and includes an intimate intrusive search;\nintrusive search means an internal search involving the introduction of anything into a bodily orifice.\n66A—Compliance direction\n\t(1)\tAn authorised officer may, by notice in writing, give a direction (a compliance direction) to a person for the purpose of securing compliance with a requirement under this Act or a licence (including a condition of a licence).\n\t(2)\tA compliance direction—\n\t(a)\tmust—\n\t(i)\tspecify the person to whom it is issued; and\n\t(ii)\tspecify the grounds on which it is given; and\n\t(iii)\tallow a reasonable time for compliance with the direction as specified in the direction; and\n\t(b)\tmay impose any requirement reasonably required for the purpose for which the direction is given, including 1 or more of the following:\n\t(i)\ta requirement that the person discontinue or not commence, a specified activity indefinitely or for a period specified in the direction;\n\t(ii)\ta requirement that the person take specified action within a specified period;\n\t(iii)\ta requirement that the person provide specified information to the authorised officer within a specified period.\n\t(3)\tA person issued with a compliance direction may apply to the Minister for a review of the direction within 28 days after receiving the direction or such longer period as the Minister may allow in a particular case.\n\t(4)\tUnless the Minister decides to the contrary, an application for review of a compliance direction does not suspend operation of the direction.\n\t(5)\tOn review of a compliance direction, the Minister may—\n\t(a)\tconfirm the direction (with or without modification); or\n\t(b)\trevoke the direction.\n\t(6)\tA person to whom a compliance direction is given must comply with the direction within the time allowed in the direction.\n66B—Embargo notices\n\t(1)\tThis section applies if—\n\t(a)\tan authorised officer is authorised to seize any record or thing under this Part; and\n\t(b)\tthe record or thing cannot, or cannot readily, be physically seized and removed or stored.\n\t(2)\tAn authorised officer may issue an embargo notice under this section.\n\t(3)\tAn embargo notice is a notice forbidding the use, movement, sale, leasing, transfer, deletion of information from or other dealing with the record or thing, or any part of it, without the written consent of an authorised officer.\n\t(4)\tThe embargo notice must—\n\t(a)\tcontain the particulars required by the regulations; and\n\t(b)\tlist the activities that it forbids; and\n\t(c)\tset out a copy of subsection (9).\n\t(5)\tOn issuing an embargo notice, an authorised officer must—\n\t(a)\tcause a copy of the notice to be given to the owner of the record or thing; or\n\t(b)\tif that person cannot be located after all reasonable steps have been taken to do so—affix a copy of the notice to the record or thing in a prominent position.\n\t(6)\tA person must not knowingly do anything that is forbidden by an embargo notice.\n\t(7)\tA person must not instruct or request another person to do anything that the first mentioned person knows is forbidden by an embargo notice.\n\t(8)\tIt is a defence to a prosecution for an offence against subsection (6) to establish that the person charged—\n\t(a)\tmoved the record or thing, or part of it, for the purpose of protecting or preserving it; and\n\t(b)\tnotified the authorised officer who issued the embargo notice of the move, and of the new location of the record or thing or part of it, within 48 hours after the move.\n\t(9)\tA person to whom an embargo notice has been given must take reasonable steps to prevent another person from doing anything forbidden by the embargo notice.\n\t(10)\tDespite anything to the contrary in any other Act or at law, a sale, lease, transfer or other dealing with a record or thing, or part of it, in contravention of this section is void.\n67—Offence to hinder etc authorised officers\nA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(c)\trefuses or fails to comply with a requirement or direction of an authorised officer under this Part; or\n\t(d)\twhen required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\n68—Self-incrimination\n\t(1)\tIt is not an excuse for a person to refuse or fail to answer a question or to produce or provide a record or information as required under this Part on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by a person with a requirement to answer a question or to produce or provide a record or information might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce or provide a record or information—the fact of production or provision of the record or the information (as distinct from the contents of the record or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings under this Act).\n69—Powers in relation to seized records or things\n\t(1)\tIf a record or thing is seized under this Part, the seized record or thing must be dealt with in accordance with the regulations.\n\t(2)\tWithout limiting the generality of subsection (1), regulations made under this section may provide for the following:\n\t(a)\tprocedures relating to the seizure of records or things under this Part;\n\t(ab)\tthe taking and testing of a sample of any thing seized under this Part;\n\t(b)\tthe manner in which a seized record or thing may be dealt with including (but not limited to)—\n\t(i)\tthe circumstances in which a seized record or thing may be returned to a person or may be forfeited; and\n\t(ii)\tthe circumstances in which a seized record or thing may be destroyed; and\n\t(iii)\tthe recovery by the Minister of any costs incurred in dealing with the seized record or thing;\n\t(c)\tthe keeping of records in the prescribed manner in relation to the seized record or thing;\n\t(d)\tthe circumstances in which compensation may or may not be payable to a person from whom a record or thing has been seized and the manner in which such compensation may be sought.\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"Controlled purchase operations","content":"Part 6—Controlled purchase operations\n69A—Interpretation\nIn this Part—\ncontrolled purchase officer means a person authorised by the Minister as a controlled purchase officer under this Part;\ncontrolled purchase operation means an operation undertaken under the supervision of an authorised officer the intended purpose of which is to provide a person with an opportunity to commit or to attempt to commit an offence against a prescribed provision;\ndesignated person means a child who is of or above the age of 16 years;\nprescribed provision means a provision of this Act set out in Schedule 1.\n69B—Controlled purchase officer\n\t(1)\tThe Minister may, by notice in writing, authorise a person, including, subject to subsection (2), a designated person, to be a controlled purchase officer.\n\t(2)\tThe Minister must not authorise a designated person to be a controlled purchase officer unless the parent or legal guardian of the person has consented in writing to the proposed authorisation.\n\t(3)\tA controlled purchase officer may, for the purposes of a controlled purchase operation, take any action specified by the Minister in the notice of authorisation.\n69C—Controlled purchase operation\n\t(1)\tIf a controlled purchase officer takes action of a kind specified in a notice of authorisation for the purposes of a controlled purchase operation—\n\t(a)\tthe controlled purchase officer, the authorised officer and the Minister and any other person involved in the controlled purchase operation do not commit an offence against this Act or any other Act or law and are not liable as a party to an offence committed by another person; and\n\t(b)\tany evidence given by the controlled purchase officer in any proceedings against another person in connection with which the controlled purchase officer took the action is not the evidence of an accomplice.\n\t(2)\tAn authorised officer responsible for supervising a controlled purchase operation involving a designated person must undertake an assessment of the operation and must ensure that appropriate measures are in place to ensure the safety of the designated person during the operation.\n\t(3)\tA controlled purchase officer who is a designated person must give to the authorised officer supervising the controlled purchase operation anything obtained by the officer as a result of the operation.\nPart 6AA—Closure orders\n69CA—Interpretation\nIn this Part—\nclosure order means—\n\t(a)\tan interim closure order; or\n\t(ab)\ta short term closure order; or\n\t(b)\ta long term closure order;\ninterim closure order—see section 69CB;\nlong term closure order—see section 69CC;\nmobile premises means premises constituting a vehicle, building or other structure ordinarily moved from place to place;\nprescribed product means—\n\t(a)\ta prescribed tobacco product within the meaning of section 33(2); or\n\t(b)\ta prohibited product;\nshort term closure order—see section 69CBA.\n69CB—Interim closure order\n\t(1)\tThe Minister may, by notice in writing, order that specified premises be closed (an interim closure order) if the Minister reasonably suspects that—\n\t(a)\tprescribed products are being, or are likely to be, sold or supplied at the premises as part of a business being carried on at the premises; or\n\t(b)\ttobacco products or e‑cigarette products are being, or are likely to be, unlawfully sold or supplied at the premises as part of a business being carried on at the premises.\n\t(2)\tThe Minister may, by notice in writing, revoke an interim closure order.\n\t(3)\tA notice under this section must be—\n\t(a)\tgiven to the person apparently in charge of the premises (if any); or\n\t(b)\tposted in a conspicuous place—\n\t(B)\tat the entrance to premises that are connected to the business carried on from the mobile premises.\n\t(4)\tThe interim closure order has effect from the time specified in the order until 72 hours after the time specified in the order (but nothing prevents the making of a subsequent interim closure order in respect of the same premises).\n\t(5)\tNo more than 1 interim closure order may be made for the same premises in a period of 7 days.\n\t(6)\tFor the purposes of this section, the Minister is not required to act in accordance with the principles of procedural fairness.\n69CBA—Short term closure order\n\t(1)\tThe Minister may, by notice in writing, order that specified premises be closed (a short term closure order) if the Minister reasonably suspects that—\n\t(a)\tprescribed products are being, or are likely to be, sold or supplied at the premises as part of a business being carried on at the premises; or\n\t(b)\ttobacco products or e‑cigarette products are being, or are likely to be, unlawfully sold or supplied at the premises as part of a business being carried on at the premises.\n\t(2)\tA short term closure order has effect for a period of 28 days from the day specified in the order (but nothing prevents the making of a subsequent short term closure order in respect of the same premises).\n\t(3)\tThe Minister may, by notice in writing, vary or revoke a short term closure order.\n\t(4)\tA notice under this section must be—\n\t(a)\tgiven to the person apparently in charge of the premises; or\n\t(b)\tgiven to the owner of the premises; or\n\t(c)\tposted in a conspicuous place—\n\t(B)\tat the entrance to premises that are connected to the business carried on from the mobile premises.\n\t(5)\tA short term closure order may be made regardless of whether an interim closure order is, or has been, in effect in relation to the premises.\n\t(6)\tFor the purposes of this section, the Minister is not required to act in accordance with the principles of procedural fairness.\n69CC—Long term closure order\n\t(1)\tThe Magistrates Court may, on the application of the Minister, order that specified premises be closed for a specified period of not more than 12 months (a long term closure order) if the Court is satisfied that—\n\t(a)\tprescribed products have been, or are likely to be, sold or supplied at the premises as part of a business activity; or\n\t(b)\ttobacco products or e‑cigarette products have been, or are likely to be, unlawfully sold or supplied at the premises as part of a business activity.\n\t(2)\tAn application may be made regardless of whether an interim closure order or a short term closure order is, or has been, in effect in relation to the premises.\n\t(3)\tAn application under subsection (1) must be given to the owner of the premises, unless it is not reasonably practicable to do so (and the owner of the premises may, on application to the Magistrates Court, be a party to the proceedings before the Court in relation to the application).\n\t(4)\tAn order made under this section must be—\n\t(a)\tgiven to the owner of the premises, unless it is not reasonably practicable to do so; and\n\t(b)\tposted in a conspicuous place—\n\t(B)\tat the entrance to premises that are connected to the business carried on at the mobile premises.\n\t(5)\tThe Magistrates Court may, on application by the owner of premises, amend or revoke a long term closure order in effect in relation to those premises (and the Minister will be a party to the proceedings in relation to such an application).\n69CD—Offences relating to closed premises\n\t(1)\tA person must not, while a closure order is in effect in relation to premises—\n\t(a)\tsell or supply tobacco products, e‑cigarette products or prohibited products at the premises; or\n\t(b)\tcarry on a business of selling tobacco products, e‑cigarette products or prohibited products at the premises.\n\t(i)\tfor a first offence—$750 000;\n\t(ii)\tfor a second or subsequent offence—$1 100 000;\n\t(i)\tfor a first offence—$350 000;\n\t(ii)\tfor a second or subsequent offence—$700 000.\n\t(a)\tin the case of a body corporate—$20 000;\n\t(b)\tin the case of an individual—$5 000.\n\t(2)\tSubject to subsection (3), a person who is present on premises in relation to which a closure order is in effect is guilty of an offence.\n\t(3)\tThe Minister may, by notice in writing (an exemption notice), exempt a person from the operation of subsection (2) in relation to specified premises on terms and conditions specified in the notice.\n\t(4)\tAn exemption notice must—\n\t(a)\tbe given to the person to whom the exemption applies; and\n\t(b)\tspecify the closed premises in relation to which the exemption applies; and\n\t(c)\tset out the details of the condition of the exemption specified in subsection (5).\n\t(5)\tIt is a condition of an exemption under subsection (3) that the person to whom the exemption applies must not carry on a business, or cause or permit another to carry on a business, on the closed premises specified in the exemption notice.\n69CE—Certain information relating to closure orders may be made publicly available\nThe following information in relation to each closure order may be made publicly available by the Minister in a manner determined by the Minister:\n\t(a)\twhether the order is an interim closure order or a long term closure order;\n\t(b)\ta description of the premises to which the closure order relates (including the address of the location of the premises);\n\t(c)\tthe date on which the order was made;\n\t(d)\tthe period for which the closure order is to be in effect;\n\t(e)\ta general description of the reason for the making of the closure order;\n\t(f)\tany other prescribed particulars.\n69CF—Protection from liability\nDespite section 86A, the Crown incurs no liability for a decision of the Minister, or by any person acting on behalf of the Minister, to exercise or not to exercise powers under this Part.\n","sortOrder":11},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Disciplinary action against holder of licence","content":"Part 6A—Disciplinary action against holder of licence\n69D—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against the holder of a licence if the Minister is satisfied that—\n\t(a)\tthe licence was improperly obtained; or\n\t(b)\tan event has occurred, or circumstances come to light, that show—\n\t(i)\tthe holder of the licence is not a fit and proper person to hold the licence; or\n\t(ii)\tin the case of the holder of a licence that is a trust or corporate entity—a person who occupies a position of authority in the entity is not a fit and proper person to occupy such a position in a trust or entity holding such a licence; or\n\t(c)\tthe holder of the licence has failed to comply with a provision of the Act or the licence (including a condition of the licence); or\n\t(d)\tthe holder of the licence has been convicted of an offence against the Act; or\n\t(e)\tthe holder of the licence has been convicted of an offence punishable by imprisonment; or\n\t(f)\tthe business carried out under the licence is improperly conducted; or\n\t(g)\tit would be contrary to the public interest if the holder of the licence were to continue to hold the licence.\n\t(2)\tIf the Minister believes on reasonable grounds that there is proper cause for disciplinary action against the holder of a licence, the Minister may do 1 or more of the following:\n\t(a)\tissue a compliance notice to the holder of the licence in accordance with section 69E;\n\t(b)\tissue a default notice to the holder of the licence in accordance with section 69F;\n\t(c)\ttake disciplinary action against the holder of the licence in accordance with section 69G.\n\t(3)\tThe Commissioner of Police must, at the request of the Minister, provide to the Minister any information required by the Minister for the purposes of determining whether there is proper cause to take disciplinary action against the holder of a licence under subsection (1).\n\t(4)\tIn determining whether there is proper cause for disciplinary action against the holder of a licence under subsection (1), the Minister may have regard to—\n\t(a)\tinformation provided to the Minister by the Commissioner of Police for that purpose; and\n\t(b)\tsuch evidence of the conduct (no matter when the conduct is alleged to have occurred) of the holder of the licence or persons with whom the holder of the licence associates (or has associated at any relevant time) as the Minister considers relevant, including information that existed at the time the licence was granted, regardless of whether that information was known or could have been made known to the Minister at that time.\n69E—Compliance notice\n\t(1)\tThe Minister may give a notice to the holder of a licence (a compliance notice) specifying grounds for disciplinary action against the holder of the licence and informing them that disciplinary action may be avoided if they take specified action, within a period specified in the notice.\n\t(2)\tIf the holder of the licence fails to take the specified action within the time allowed in the notice, the holder of the licence is guilty of an offence.\n69F—Default notice\nThe Minister may give a notice to the holder of a licence (a default notice) specifying the grounds for disciplinary action against them and informing them that disciplinary action may be avoided by payment of a specified sum not exceeding—\n\t(a)\tin the case of the holder of a licence who is a body corporate—$500 000; or\n\t(b)\tin any other case—$250 000,\nwithin a period specified in the notice.\n69G—Disciplinary action\n\t(1)\tThe Minister may give a notice to the holder of a licence—\n\t(a)\tspecifying that the Minister is considering taking disciplinary action against the holder of the licence; and\n\t(b)\tspecifying the nature of the cause for disciplinary action; and\n\t(c)\trequiring the holder of the licence to show cause, within a period specified in the notice (which must be at least 14 days), why disciplinary action should not be taken against them; and\n\t(d)\tthat may require the holder of the licence to take specified action, or cease specified action, within a period specified in the notice, in relation to any matter specified in the notice.\n\t(2)\tAfter considering the submissions (if any) made by the holder of the licence under subsection (1)(c), the Minister may, by order, take disciplinary action in 1 or more of the following ways:\n\t(a)\tthe Minister may reprimand the holder of the licence;\n\t(b)\tthe Minister may impose a fine on the holder of the licence not exceeding—\n\t(i)\tin the case of the holder of a licence who is a body corporate—$1 000 000; or\n\t(ii)\tin any other case—$500 000;\n\t(c)\tthe Minister may—\n\t(i)\tvary the conditions of the licence; or\n\t(ii)\tgive directions to the holder of the licence as to the winding up of the business carried out under the licence; or\n\t(iii)\tsuspend the licence for a specified or unlimited period; or\n\t(iv)\tcancel the licence; or\n\t(v)\tif the licence is cancelled—disqualify a person from holding the licence or from being granted any other licence under this Act permanently or for a specified time.\n\t(3)\tDisciplinary action takes effect on the date of service of the order on the holder of the licence or on a later date specified in the order.\n\t(4)\tIf the Minister suspends a licence or imposes a prohibition, the Minister may, at any time, terminate the suspension or prohibition.\n\t(5)\tA fine imposed under this section may be recovered as a debt due to the State.\n\t(6)\tA person who fails to comply with a requirement, order or direction of the Minister given under this section is guilty of an offence.\n\t(a)\tin the case of a body corporate—$1 000 000;\n\t(b)\tin the case of an individual—$500 000.\n69H—Effect of criminal proceedings\n\t(1)\tThe Minister may take disciplinary action under this Part whether or not criminal proceedings have been, or are to be, taken in relation to the matters the subject of the disciplinary action and even though a penalty may have been already imposed by the Minister.\n\t(2)\tHowever, the Minister must, in imposing a fine, take into account any fine that has already been imposed in criminal proceedings.\n","sortOrder":12},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Review","content":"Part 6B—Review\n69I—Review by Minister\n\t(1)\tA person who is dissatisfied with a decision of the Minister under Part 2, Part 6AA or Part 6A may apply to the Minister for a review of the decision.\n\t(2)\tAn application for review—\n\t(a)\tmust be made within 28 days after the applicant received notice of the decision to which the application relates; and\n\t(b)\tmust set out in detail the grounds on which the applicant seeks the review.\n\t(3)\tIf an application is made under subsection (1), the Minister must review the decision to which the application relates.\n\t(4)\tOn a review the Minister may—\n\t(a)\tconfirm or vary the decision under review; or\n\t(b)\tquash the decision and substitute for it a decision that should, in the Minister's opinion, have been made in the first instance.\n\t(5)\tThe Minister must inform the applicant in writing of the result of the review.\n69J—Review by SACAT\n\t(1)\tA person who is dissatisfied with a decision made by the Minister on a review under this Part may apply to SACAT under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision.\n\t(2)\tAn application for review must be made within 28 days after the person receives notice of the Minister's decision.\n","sortOrder":13},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"Part 7—Miscellaneous\n70A—Confiscation of products from children\n\t(1)\tA prescribed person who becomes aware that tobacco products or e‑cigarette products are in the possession of a child may confiscate the products from the child.\n\t(2)\tSubsection (1) does not apply to tobacco products that are in the possession of a child in the ordinary course of their employment or otherwise for the purpose of sale in accordance with this Act.\n\t(3)\tIf tobacco products or e‑cigarette products are confiscated under subsection (1)—\n\t(a)\tthe products are forfeited by the child; and\n\t(b)\tthe products must be destroyed as soon as is reasonably practicable by the prescribed person; and\n\t(c)\tno compensation is payable in relation to the confiscation of the products.\nprescribed person, in relation to a child, means—\n\t(a)\ta member of the police force; or\n\t(b)\tany other authorised officer under Part 5; or\n\t(c)\ta person performing the duties of a teacher at a school attended by the child (whether or not such duties are being performed on the grounds of the school).\n70AB—Power to require evidence of age\n\t(1)\tAn authorised person may require a person—\n\t(a)\twho is, or who has recently been, in possession of a tobacco product, an e‑cigarette product or a prohibited product; and\n\t(b)\twho the authorised person reasonably suspects is a child,\nto produce evidence as to the person's age that complies with the requirements of the regulations.\n\t(2)\tA person who—\n\t(a)\tfails, without reasonable excuse, to comply with a requirement under this section; or\n\t(b)\tmakes a false statement, or produces false evidence, in response to such a requirement,\nauthorised person means—\n\t(a)\ta person who holds a licence under Part 2 or an employee of such a person; or\n\t(b)\tan authorised officer.\n71—Exemptions\n\t(1)\tThe Minister may, by notice in the Gazette—\n\t(a)\texempt a person, tobacco product or e‑cigarette product, or a class of persons, tobacco products or e‑cigarette products, from the operation of a provision of this Act subject to such conditions as may be set out in the notice;\n\t(b)\tvary or revoke an exemption under this section.\n\t(5)\tWithout limiting subsection (1), the Minister may, by notice in writing, exempt a person, or a class of persons, from the operation of a provision of this Act in respect of an artistic performance.\n\t(6)\tAn exemption under subsection (5) may be conditional or unconditional.\n\t(7)\tThe Minister may, by notice in writing, vary or revoke an exemption under subsection (5).\n72—Delegation\n\t(1)\tA Minister may delegate powers or functions under this Act to any person or body.\n\t(2)\tA power, duty or function delegated under this section may, if the instrument of delegation so provides, be subdelegated.\n\t(3)\tA delegation or subdelegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\n73—Register\n\t(1)\tThe Minister must maintain a register of licences granted under this Act (the register).\n\t(2)\tThe register must contain the following particulars for each licence:\n\t(a)\tthe name and contact details of the holder of the licence;\n\t(b)\tthe business name, ABN and address for the business to which the licence relates;\n\t(c)\tthe date of issue of the licence;\n\t(d)\tany conditions imposed on the licence by the Minister;\n\t(e)\tthe details of any action taken under this Act against the holder of the licence of a kind prescribed by the regulations;\n\t(f)\tany other particulars prescribed by regulation.\n\t(3)\tThe Minister must make the register publicly available on a website determined by the Minister.\n75—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.\n76—Minister may require verification of information\n\t(1)\tWhere a person is required to furnish information under this Act, the Minister may require that the information be verified by statutory declaration.\n\t(2)\tA person who fails, without reasonable excuse, to comply with a requirement under subsection (1) is guilty of an offence.\n76A—Enforceable voluntary undertakings\n\t(1)\tThe Minister may accept, by notice in writing, an undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.\n\t(2)\tThe giving of an undertaking does not constitute an admission of guilt by the person giving the undertaking in respect of the contravention or alleged contravention to which the undertaking relates.\n\t(3)\tA person who has given an undertaking may, at any time, with the written agreement of the Minister—\n\t(a)\tvary the undertaking; or\n\t(b)\twithdraw the undertaking.\n\t(4)\tA person must not contravene an undertaking made by the person that is in effect.\n\t(5)\tSubject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if an undertaking is in effect in relation to that contravention.\n\t(6)\tNo proceedings for a contravention or alleged contravention of this Act may be brought against a person who has given an undertaking under this section in relation to that contravention and who has completely discharged the undertaking.\n\t(7)\tThe Minister may accept an undertaking in relation to a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.\n\t(8)\tIf the Minister accepts an undertaking before the proceedings are finalised, the Minister must take all reasonable steps to have the proceedings discontinued as soon as possible.\n77—Criminal intelligence\n\t(1)\tInformation that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Act may not be disclosed to any person other than the Minister, SACAT, a court or a person to whom the Commissioner of Police authorises its disclosure.\n\t(2)\tIf the Minister, SACAT or a court—\n\t(a)\tmakes a decision under this Act; and\n\t(b)\tthe decision is made because of information that is classified by the Commissioner of Police as criminal intelligence,\nthe Minister, SACAT or the court (as the case may be) is not required to provide any grounds or reasons for the decision other than that, in their view, the making of any other decision would have been contrary to the public interest.\n\t(3)\tIn any proceedings under this Act, the Minister, SACAT or a court—\n\t(a)\tmust, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent.\n\t(4)\tThe Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.\n78—Disclosure of information\n\t(1)\tA person who obtains information in the course of the administration of this Act must not—\n\t(a)\tdisclose the information; or\n\t(b)\tgive access to the information to another person; or\n\t(c)\tuse the information for any purpose.\n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin the case of an individual—$25 000.\n\t(2)\tSubsection (1) does not apply to the disclosure of information, or the giving of access to information or the use of information—\n\t(a)\tabout a person, with the person's consent; or\n\t(b)\tthat is necessary for administration of this Act or a designated Act; or\n\t(c)\tby the Minister or a person authorised by the Minister if the Minister reasonably believes the disclosure, access or use—\n\t(i)\tis necessary for administering, monitoring or enforcing compliance with this Act or a designated Act; or\n\t(ii)\tis necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety or to otherwise protect the public interest; or\n\t(d)\tto any other agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the performance of its official functions; or\n\t(e)\tas required or authorised by law; or\n\t(f)\tto a designated Minister, the Commissioner of Police or an authorised person.\n\t(2a)\tSubsection (1) does not apply to the disclosure of information by an authorised person in relation to premises—\n\t(a)\tin respect of which a closure order under Part 6AA is in effect; or\n\t(b)\tthat the authorised person reasonably suspects are being used in connection with an offence against this Act,\nif the person to whom the disclosure is made is—\n\t(c)\tthe owner or occupier of the premises; or\n\t(d)\tan agent of the owner or occupier of the premises; or\n\t(e)\ta person of a kind prescribed by the regulations for the purposes of this paragraph.\n\t(2b)\tDespite section 86A, the Crown incurs no liability as a consequence of a disclosure of information of a kind authorised under subsection (2a).\n\t(3)\tBefore information obtained in the course of the administration of this Act is disclosed, the Minister may exclude information that the Minister considers to be—\n\t(a)\tpersonal information of a confidential nature; or\n\t(b)\tinformation that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information is disclosed; or\n\t(c)\tinformation the disclosure of which would, or could reasonably be expected to, prejudice the commercial position of a person or confer a commercial advantage on a person; or\n\t(d)\tinformation the disclosure of which—\n\t(i)\twould be otherwise contrary to the public interest; or\n\t(ii)\twould be inappropriate for such other reason as the Minister thinks fit.\nauthorised person means each of the following:\n\t(a)\ta police officer;\n\t(b)\tan authorised officer;\n\t(c)\ta person who is or has been, at any time, engaged in the administration or enforcement of this Act or a designated Act;\n\t(d)\ta person of a class prescribed by regulation for the purposes of this definition;\ndesignated Act means the following:\n\t(a)\tthis Act;\n\t(b)\tthe Controlled Substances Act 1984;\n\t(c)\tthe Gambling Administration Act 2019;\n\t(d)\tthe Liquor Licensing Act 1997;\n\t(e)\tan Act designated by the Minister by notice in the Gazette for the purposes of this definition;\ndesignated Minister means a Minister responsible for the administration of a designated Act.\n78A—Commissioner of Police may provide information to Minister\nWithout limiting any other Act or law that requires or authorises the Commissioner of Police to disclose information, the Commissioner of Police may disclose to the Minister any information on any matter relevant to the operation or enforcement of this Act.\n79—General defence\nIt is a defence to a charge of an offence against this Act, including a charge of an offence against a body corporate or an individual where conduct or a state of mind is imputed to the body or individual under this Part, if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n81—Vicarious liability\n\t(2)\tIf an employee or agent is convicted of an offence against this Act, the employer or principal is, subject to the general defence under this Part, guilty of an offence and liable to the same penalty as may be imposed for the principal offence.\n\t(3)\tIf an offence is committed against this Act in relation to a sale, any person who has derived or would, if the sale were completed, expect to derive a direct or indirect pecuniary benefit from the transaction is, subject to the general defence under this Part, guilty of an offence and liable to the same penalty as may be imposed for the principal offence.\n82—Prosecutions\nProceedings for an offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within 2 years after the date on which the offence is alleged to have been committed;\n\t(b)\tin any other case—within five years after the date on which the offence is alleged to have been committed.\n82A—Court may make certain orders\n\t(1)\tIf a court finds a person guilty of an offence under this Act, the court may make 1 or more of the following orders:\n\t(a)\tthat a licence held by the person is subject to specified conditions;\n\t(b)\tthat a licence held by the person is suspended for a specified period or until further order;\n\t(c)\tthat a licence held by the person is cancelled;\n\t(d)\tthat the person is disqualified from holding or obtaining a licence for a specified period or until further order.\n\t(2)\tIf a court makes an order under subsection (1), the Registrar of the relevant court must notify the Minister of the details of the order.\n83—Expiation notices may be given to certain children\nDespite section 6 of the Expiation of Offences Act 1996, an expiation notice for an offence against this Act may be given to a child who has attained the age of 15 years.\n85—Evidence\n\t(1)\tIn any proceedings for an offence against this Act, an apparently genuine document purporting to be—\n\t(a)\ta certificate of the Minister certifying that a specified person was an authorised officer at a specified date; or\n\t(b)\ta certificate of the Minister certifying that a specified person was or was not the holder of a licence of a specified kind at a specified date,\nconstitutes proof of the matters so certified in the absence of proof to the contrary.\n\t(2)\tThe presence on any premises of a vending machine from which tobacco products or e‑cigarette products may be obtained is to be taken to constitute conclusive evidence that the occupier of the premises has sold such products by means of the machine.\n\t(3)\tIn proceedings for an offence against this Act by a body corporate, a statement made by an officer of the body corporate is admissible as evidence against the body corporate.\n86—Imputation of conduct or state of mind of officer, employee etc\nFor the purposes of proceedings for an offence against this Act—\n\t(a)\tthe conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of their actual, usual or ostensible authority will be imputed to the body corporate; and\n\t(b)\tthe conduct and state of mind of an employee or agent of an individual acting within the scope of their actual, usual or ostensible authority will be imputed to that individual.\n86A—Immunity\n\t(1)\tNo personal liability attaches to an authorised officer or any other person engaged in the administration of this Act for an honest act or omission in the performance, exercise or discharge, or purported performance, exercise or discharge, of a function, power or duty under this Act.\n\t(2)\tA liability that would, but for subsection (1), lie against a person lies instead against the Crown.\n86B—Exclusion of compensation\nNo right to compensation arises as a result of the expropriation or diminution of rights of the holder of a licence by the amendments to this Act made by the Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Act 2024.\n87—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may make provision for or in relation to—\n\t(a)\tthe provision by the holder of a licence of prescribed information to the Minister; and\n\t(d)\twarnings in relation to tobacco products or e‑cigarette products generally or tobacco products or e‑cigarette products of a particular class; and\n\t(e)\tsigns that must be displayed in relation to places or areas where smoking is prohibited or permitted and the manner and form in which those signs must be displayed; and\n\t(f)\tfines (not exceeding $20 000) for offences against the regulations; and\n\t(g)\texpiation fees (not exceeding $1 000) for alleged offences against the regulations; and\n\t(h)\tevidentiary provisions to facilitate proof of contraventions of the Act or the regulations for the purposes of proceedings for offences; and\n\t(i)\tprovisions of a saving or transitional nature consequent on any amendments to this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of the Tobacco Products Regulation (E-Cigarettes and Review) Amendment Act 2018 or on the commencement of a specified provision of that Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or an authorised officer.\n\t(4)\tWithout limiting any other provisions of this section, the regulations may, for transitional purposes—\n\t(a)\tprovide that this Act or specified provisions of this Act will not apply in relation to a particular person or thing, or a class of person or thing, until a specified day; or\n\t(b)\tmodify the application of this Act or provisions of this Act in relation to a particular person or thing, or a class of person or thing, until a specified day.\n\t(5)\tThe Minister may prescribe fees (including an annual fee) for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(6)\tThe Minister may, on application by a person or on the Minister's own initiative, waive, reduce or refund a prescribed fee payable by a person under this Act.\nSchedule A1—Prohibited conduct\n\nSection 30(1)\nSection 33(1)\nSection 34A(4)\nSection 39A(1)\nSection 39B(1)\nSection 39C(4)\nSection 39E(5a) or (5b)\nSection 45A(1) or (2)\n","sortOrder":14},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Controlled purchase operations—prescribed provisions","content":"Schedule 1—Controlled purchase operations—prescribed provisions\n\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nTobacco Products Regulation Act 1997\nLegislation repealed by principal Act\nThe Tobacco and E-Cigarette Products Act 1997 repealed the following:\nTobacco Products Control Act 1986\nTobacco Products (Licensing) Act 1986\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Tobacco Products Regulation Act 1997\n10.4.1997\n5.6.1997 (Gazette 5.6.1997 p2793) except s 47—4.1.1999: s 2(2)\n Tobacco Products Regulation (Miscellaneous) Amendment Act 1997\n5.6.1997: s 2\n(145)\n Tobacco Products Regulations 1997 (Gazette 5.7.1997 p2925)\n—\n5.6.1997: r 2\n Tobacco Products Regulation (Licence Fees) Amendment Act 1998\n2.4.1998\n1.5.1998 (Gazette 23.4.1998 p1927)\n Tobacco Products Regulation (Dissolution of Sports Promotion, Cultural and Health Advancement Trust) Amendment Act 1998\n Tobacco Products Regulation (Smoking in Unlicensed Premises) Amendment Act 1999\n1.4.1999\n12.4.1999 (Gazette 8.4.1999 p1634)\n Tobacco Products Regulation (Sale of Products Designed for Smoking) Amendment Act 1999\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\nSch 1 (cl 44)—1.6.2000 (Gazette 18.5.2000 p2554)\n Tobacco Products Regulation (Evidence of Age) Amendment Act 2000\n South Australian Health Commission (Administrative Arrangements) Amendment Act 2000\n6.7.2000\nSch 1 (cl 18)—6.7.2000 (Gazette 6.7.2000 p5)\n Statutes Amendment (Corporations) Act 2001\n14.6.2001\nPt 31 (s 118)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270)\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n Tobacco Products Regulation (Further Restrictions) Amendment Act 2004\n4.11.2004\n6.12.2004 except ss 6, 12 & 15—31.3.2005 (Gazette 2.12.2004 p4444)\n Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Act 2006\n6.7.2006\n31.10.2006 (Gazette 10.8.2006 p2642)\n Tobacco Products Regulation (Smoking in Cars) Amendment Act 2007\n5.4.2007\n31.5.2007 (Gazette 10.5.2007 p1980)\n Tobacco Products Regulation (Miscellaneous Offences) Amendment Act 2007\n5.4.2007\n31.5.2007 (Gazette 10.5.2007 p1979)\n Tobacco Products Regulation (Miscellaneous) Amendment Act 2007\n29.11.2007\n1.6.2008 (Gazette 13.12.2007 p4813)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 158 (s 357)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 24 (s 32)—1.1.2012 (Gazette 15.12.2011 p4988)\n Tobacco Products Regulation (Further Restrictions) Amendment Act 2012\n22.3.2012\n31.5.2012 (Gazette 12.4.2012 p1394)\n Work Health and Safety Act 2012\n15.11.2012\nSch 6 (cll 7 & 8)—1.1.2013: s 2\n Tobacco Products Regulation (Artistic Performances) Amendment Act 2016\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 48 (ss 267 to 269)—14.12.2017 (Gazette 12.12.2017 p4960)\n Tobacco Products Regulation (E-Cigarettes and Review) Amendment Act 2018\n6.12.2018\n31.3.2019 except substitution of s 30(2) by ss 13 & 20—1.10.2019 (Gazette 31.1.2019 p372)\n Training and Skills Development (Miscellaneous) Amendment Act 2020\n19.11.2020\nSch 1 (cl 9)—1.7.2021 (Gazette 24.6.2021 p2260)\n Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Act 2023\n26.5.2023\n31.8.2023 (Gazette 25.8.2023 p3115)\n Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Act 2024\n7.11.2024\n28.11.2024 except ss 4(1), (2), (5) to (7), (12) to (14), (16) & (17), 5 insofar as it inserts s 5A, 6, 38, 39, 42, 45, 48 & 53—13.12.2024 (Gazette 28.11.2024 p4274)\n Statutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Act 2025\n10.4.2025\nPt 3 (ss 5 to 19)—5.6.2025 (Gazette 5.6.2025 p1386)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 26/1998 s 3\n\namended by 61/1998 s 3\n\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\namended by 39/2018 s 4\nPt 1\n\ns 1\nsubstituted by 39/2018 s 5\ns 2\nomitted under Legislation Revision and Publication Act 2002\n24.11.2003\ns 3\n(a) deleted by 26/1998 s 4\n\n(b)(v) deleted by 61/1998 s 4\n\n(d) deleted by 61/1998 s 4\n\namended by 39/2018 s 6(1)—(6)\n\namended by 47/2024 s 3(1)—(3)\ns 4\n\ns 4(1)\n\nadvertise\ninserted by 42/2004 s 4(1)\n\namended by 39/2018 s 7(1)—(3)\nbody corporate\ninserted by 47/2024 s 4(1)\ncigarette\ninserted by 39/2018 s 7(4)\nCommissioner\nconsume\nsubstituted by 39/2018 s 7(5)\ncontract of service\ninserted by 40/2012 Sch 6 cl 7(1)\n\namended by 40/2020 Sch 1 cl 9\n1.7.2021\ncontravene\n\ndeleted by 47/2024 s 4(2)\ncorresponding law\ncriminal intelligence\ninserted by 47/2024 s 4(2)\ne-cigarette\n\nsubstituted by 47/2024 s 4(3)\ne-cigarette advertisement\ne-cigarette product\n\nsubstituted by 47/2024 s 4(4)\nemployee\ninserted by 42/2004 s 4(2)\n\nsubstituted by 40/2012 Sch 6 cl 7(1)\nenclosed public place, workplace or shared area\ninserted by 42/2004 s 4(2)\nfund\ndeleted by 61/1998 s 5\ngrant\ndeleted by 47/2024 s 4(5)\nhealth warning\n\namended by 42/2004 s 4(3)\n\nsubstituted by 39/2018 s 7(7)\n\ndeleted by 15/2023 s 3(1)\nlabel\namended by 39/2018 s 7(8)\nlicence\ninserted by 47/2024 s 4(6)\nmulti-unit premises\ninserted by 42/2004 s 4(4)\nofficer\ninserted by 47/2024 s 4(7)\nplace\ninserted by 42/2004 s 4(4)\nplace of public entertainment\ndeleted by 42/2004 s 4(4)\nprescribed packaging requirements\ninserted by 15/2023 s 3(2)\n\namended by 47/2024 s 4(8)\n\n(b) deleted by 47/2024 s 4(9)\nprohibited product\ninserted by 47/2024 s 4(10)\npublic\ndeleted by 42/2004 s 4(5)\npublic area or public place\ninserted by 42/2004 s 4(5)\npurchase\namended by 39/2018 s 7(9)\nrecord\namended by 39/2018 s 7(10)\nrelevant period\nresidential premises\ninserted by 42/2004 s 4(6)\n\n(c) deleted by 47/2024 s 4(11)\nretail\nsubstituted by 47/2024 s 4(12)\nretail licence\ninserted by 47/2024 s 4(13)\nSACAT\ninserted by 51/2017 s 267\nsell\namended by 26/1998 s 5(b)\nshared area\ninserted by 42/2004 s 4(7)\nshisha tobacco\ninserted by 39/2018 s 7(11)\nsmoke\nsubstituted by 39/2018 s 7(12)\ntobacco advertisement\namended by 39/2018 s 7(13)\ntobacco merchandising\ntobacco merchant\ntobacco product\namended by 42/2004 s 4(8)\n6.12. 2004\n\namended by 39/2018 s 7(14)—(16)\ntrust\ninserted by 47/2024 s 4(14)\nTrust\ndeleted by 61/1998 s 5\ntrust or corporate entity\ninserted by 47/2024 s 4(14)\nvending machine\namended by 39/2018 s 7(17)\n\namended by 47/2024 s 4(15)\nwholesale\n\ninserted by 47/2024 s 4(16)\nwholesale licence\ninserted by 47/2024 s 4(16)\nworkplace\ninserted by 42/2004 s 4(9)\n\namended by 40/2012 Sch 6 cl 7(2)\ns 4(2)\ndeleted by 15/2023 s 3(3)\ns 4(3) and (4)\ninserted by 42/2004 s 4(10)\ns 4(5) and (6)\ninserted by 47/2024 s 4(17)\ns 4A\ninserted by 42/2004 s 5\n\ndeleted by 39/2018 s 8\ns 5\ndeleted by 26/1998 s 6\n\ninserted by 47/2024 s 5\ns 5A\ninserted by 47/2024 s 5\nPt 2 before substitution by 47/2024\namended by 28/1997 ss 3, 4\n\namended by 145/1997 r 14\n\nsubstituted by 26/1998 s 7\ns 6\namended by 15/2007 s 4\n\namended by 39/2018 s 9, Sch 2\ns 9\n\ns 9(2)\nsubstituted by 42/2004 s 6\n\namended by 39/2018 s 10(1), (2)\ns 9(5)\namended by 15/2007 s 5\n\namended by 39/2018 s 10(3), Sch 2\ns 13 before substitution by 51/2017\n\ns 13(2)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 44(a))\ns 13(3)\namended by 4/2000 s 9(1) (Sch 1 cl 44(b))\ns 13(4)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 44(c))\ns 13(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 44(d))\ns 13\nsubstituted by 51/2017 s 268\nPt 2\nsubstituted by 47/2024 s 6\nPt 3\n\nsubstituted by 42/2004 s 7\n\namended by 39/2018 s 11\n\nsubstituted by 47/2024 s 7\nPt 3 Div 1\n\ninserted by 47/2024 s 8\ns 28\ndeleted by 26/1998 s 8\n\ninserted by 43/1999 s 2\n\ndeleted by 42/2004 s 8\ns 29\ndeleted by 39/2018 s 12\ns 30 before substitution by 39/2018\n\ns 30(1)\namended by 15/2007 s 6(1)\ns 30(2)\namended by 15/2007 s 6(2)\ns 30(3)\namended by 15/2007 s 6(3)\ns 30(4)\namended by 15/2007 s 6(4)\ns 30(5)\ninserted by 58/2007 s 4\ns 30\nsubstituted by 39/2018 s 13\n31.3.2019 except s 30(2)—1.10.2019\n\nheading amended by 47/2024 s 9(1)\ns 30(1)\n(c) and (d) deleted by 15/2023 s 4(1)\n\namended by 15/2023 s 4(1)—(3)\n\namended by 47/2024 s 9(2)—(4)\ns 30(1a)\ninserted by 15/2023 s 4(4)\ns 30(2) and (3)\ndeleted by 47/2024 s 9(5)\ns 31 before substitution by 15/2023\n\ns 31(1)\namended by 15/2007 s 7(1)\n\ns 31(2)\namended by 15/2007 s 7(2)\n\ns 31\nsubstituted by 15/2023 s 5\n\namended by 47/2024 s 10\ns 32\n\namended by 42/2004 s 9\n\nsubstituted by 15/2023 s 5\n\namended by 47/2024 s 11\ns 33\ndeleted by 42/2004 s 10\n\ninserted by 15/2023 s 5\ns 33(1)\namended by 47/2024 s 12\ns 33(3)\namended by 17/2025 s 5\ns 34 before deletion by 58/2007\n\ns 34(1)\namended by 15/2007 s 8(1)\ns 34(2)\namended by 34/2000 Sch 1 cl 18\n6.7.2000\n\namended by 15/2007 s 8(2)\ns 34\ndeleted by 58/2007 s 5\ns 34A\ninserted by 16/2006 s 4\n31.10.2006\ns 34A(4)\n\namended by 47/2024 s 13(1)—(3)\ns 35\namended by 15/2007 s 9\n\namended by 47/2024 s 14(1), (2)\ns 36\nsubstituted by 42/2004 s 11\n\namended by 39/2018 s 14, Sch 2\n\namended by 47/2024 s 15(1), (2)\ns 37 before substitution by 47/2024\n\nsubstituted by 42/2004 s 12\n\namended by 15/2007 s 10\n\nsubstituted by 58/2007 s 6\ns 37(1)\ns 37(2)\nsubstituted by 39/2018 s 15\ns 37\nsubstituted by 47/2024 s 16\ns 37A\ninserted by 39/2018 s 16\n\ndeleted by 47/2024 s 16\ns 38 before substitution by 42/2004\n\ns 38(1)\namended by 43/1999 s 3(a)\ns 38(2)\namended by 43/1999 s 3(b)\ns 38(3)\namended by 43/1999 s 3(c)\ns 38(4)\namended by 43/1999 s 3(d)\ns 38(5)\namended by 26/1998 s 9(a)—(c)\n\namended by 43/1999 s 3(e), (f)\ns 38(6)\nsubstituted by 26/1998 s 9(d)\ns 38(7)\ndeleted by 26/1998 s 9(d)\ns 38\nsubstituted by 42/2004 s 13\n\nheading amended by 47/2024 s 17(1)\ns 38(1)\namended by 15/2007 s 11\n\namended by 39/2018 s 17(1), (2), Sch 2\n\namended by 47/2024 s 17(2)—(4)\ns 38(2)\n\namended by 47/2024 s 17(5)\ns 44\ndeleted by 42/2004 s 17\ns 46—see Pt 4\n\ns 47 before substitution by 42/2004— see Pt 4\n\ns 47(1)\n\nentertainment area\nlicensed premises\nunlicensed premises\ninserted by 26/1999 s 3(a)\ns 47(3)\namended by 26/1999 ss 3(b), 4 (Sch)\ns 47(4)\namended by 26/1999 ss 3(c)—(e), 4 (Sch)\ns 47(5)\namended by 26/1998 s 11\n\namended by 26/1999 ss 3(f), 4 (Sch)\n\namended by 4/2000 s 9(1) (Sch 1 cl 44(e))\ns 47(5a)\ninserted by 4/2000 s 9(1) (Sch 1 cl 44(f))\nPt 3 Div 2\ns 39B\n\ns 39B(3)\namended by 17/2025 s 6\nPt 3 Div 3\nPt 3 Div 4\ns 39E\ns 38A inserted by 42/2004 s 13\n\ns 38A heading amended by 47/2024 s 18(1)\n\ns 38A redesignated as s 39E by 47/2024 s 18(11)\ns 39E(1)\ns 38A(1) amended by 39/2018 s 18(1)—(3)\n\ns 38A(1) amended by 47/2024 s 18(2), (3)\ns 39E(5)\ns 38A(5) amended by 39/2018 s 18(4), (5), Sch 2\n\ns 38A(5) amended by 47/2024 s 18(4)—(7)\ns 39E(5a) and (5b)\ns 38A(5a) and (5b) inserted by 47/2024 s 18(8)\ns 39E(6)\n\nresponsible person\ns 38A(6) amended by 39/2018 s 18(6)\n\ns 38A(6) amended by 47/2024 s 18(9)\n\ns 38A(6) (b) deleted by 47/2024 s 18(10)\nPt 3 Div 5\n\ns 40\n\ns 40(1)\nsubstituted by 42/2004 s 15(1)\n\namended by 15/2007 s 12(1)\n\namended by 39/2018 s 20(1)\n\namended by 47/2024 s 21(1)\ns 40(2)\namended by 15/2007 s 12(2)\n\namended by 39/2018 s 20(2), (3)\n\namended by 47/2024 s 21(2)\ns 40(3)\namended by 42/2004 s 15(2)\n\n(d) deleted by 42/2004 s 15(2)\n\namended by 39/2018 s 20(4), (5)\n\namended by 47/2024 s 21(3), (4)\ns 41\n\ns 41(1)\namended by 15/2007 s 13(1)\n\namended by 39/2018 s 21(1)—(3), Sch 2\n\namended by 47/2024 s 22(1)\ns 41(2)\namended by 15/2007 s 13(2)\n\namended by 47/2024 s 22(2)\ns 41(3)\ndeleted by 42/2004 s 16\ns 42\n\ns 42(1)\namended by 58/2007 s 7(1)\n\namended by 39/2018 s 22, Sch 2\n\namended by 47/2024 s 23\ns 42(2)\nsubstituted by 58/2007 s 7(2)\ns 43\namended by 39/2018 s 23(1), (2), Sch 2\n\namended by 47/2024 s 24\ns 45\nsubstituted by 42/2004 s 17\n\namended by 15/2007 s 14\n\ns 45(1)\ns 45 amended and redesignated as s 45(1) by 47/2024 s 25(1), (2)\ns 45(2)\ninserted by 47/2024 s 25(2)\nPt 3 Div 6\ninserted by 17/2025 s 7\nPt 4\namended by 26/1998 s 12\n\ndeleted by 61/1998 s 6\nPt 4\ninserted by 42/2004 s 17\ns 46\n\ns 46(2)\n\namended by 47/2024 s 26(1)\ns 46(3)\n\namended by 47/2024 s 26(2)\ns 46(4)\namended by 40/2012 Sch 6 cl 8\n\namended by 47/2024 s 26(3)\ns 47\nexpired: s 47(8)—omitted under Legislation Revision and Publication Act 2002\n(31.10.2007)\ns 48\ninserted by 9/2007 s 4\ns 48(1)\n\namended by 47/2024 s 27\ns 49\ns 49(1)\n\namended by 47/2024 s 28(1)\ns 49(5)\n\nprescribed public transport area\nsubstituted by 47/2024 s 28(2)\ns 50\ns 50(1)\n\namended by 47/2024 s 29\ns 51\ns 51(1)\namended by 39/2018 s 24(1)\n\namended by 47/2024 s 30(1)\ns 51(4)\n\namended by 47/2024 s 30(2)\ns 51(5)\nsubstituted by 39/2018 s 24(2)\n\namended by 47/2024 s 30(3), (4)\ns 52\ns 52(1)\namended by 39/2018 s 25(1)\ns 52(2)\n\namended by 47/2024 s 31(1)\ns 52(3)\nsubstituted by 39/2018 s 25(2)\ns 52(4)\nsubstituted by 39/2018 s 25(2)\n\nsubstituted by 47/2024 s 31(2)\nPt 5\n\ns 63\n\ns 63(4)\namended by 26/1998 s 13\n\namended by 47/2024 s 32\ns 64\nsubstituted by 47/2024 s 33\ns 65\namended by 26/1998 s 14\ns 65(3)\n\namended by 47/2024 s 34\ns 66\n\ns 66(1)\n(h) deleted by 26/1998 s 15\n\namended by 39/2018 s 26(1)—(5)\n\namended by 47/2024 s 35\ns 66AA\ninserted by 17/2025 s 8\nss 66A and 66B\ninserted by 47/2024 s 36\ns 67\n\namended by 47/2024 s 37\ns 69 before substitution by 47/2024\ns 69(1) amended by 26/1998 s 16(a), (b)\n\ns 69(1) redesignated as s 69 in pursuance of the Acts Republication Act 1967\n\namended by 39/2018 s 27(1)—(3)\ns 69(2)\ndeleted by 26/1998 s 16(c)\ns 69\nsubstituted by 47/2024 s 38\ns 69(2)\namended by 17/2025 s 9\nPt 6\ndeleted by 26/1998 s 17\n\ninserted by 42/2004 s 18\n\ndeleted by 39/2018 s 28\n\nPt 6AA\ns 69CA\n\nclosure order\namended by 17/2025 s 10(1)\nshort term closure order\ninserted by 17/2025 s 10(2)\ns 69CB\n\ns 69CB(4)\nsubstituted by 17/2025 s 11(1)\ns 69CB(6)\ninserted by 17/2025 s 11(2)\ns 69CBA\ninserted by 17/2025 s 12\ns 69CC\n\ns 69CC(1)\namended by 17/2025 s 13(1)—(3)\ns 69CC(2)\namended by 17/2025 s 13(4), (5)\ns 69CC(3)\namended by 17/2025 s 13(6)\ns 69CC(5)\ninserted by 17/2025 s 13(7)\ns 69CD\n\namended by 17/2025 s 14(1)\ns 69CD(1)\ns 69CD redesignated as s 69CD(1) by 17/2025 s 14(2)\ns 69CD(2)—(5)\ninserted by 17/2025 s 14(2)\nss 69CE and 69CF\ninserted by 17/2025 s 15\nPt 6A\nPt 6B\nPt 7\n\ns 70A\ninserted by 15/2007 s 15\ns 70A(1)\namended by 39/2018 s 29(1)\ns 70A(2)\namended by 39/2018 s 29(2)\n\namended by 47/2024 s 40\ns 70A(3)\namended by 39/2018 s 29(3)\ns 70AB\ns 39 redesignated as s 70AB by 47/2024 s 19(4)\ns 70AB(1)\ns 39(1) amended by 43/1999 s 4\n\ns 39(1) amended by 42/2004 s 14(1)\n\ns 39(1) amended by 39/2018 s 19\n\ns 39(1) substituted by 47/2024 s 19(1)\ns 70AB(2)\ns 39(2) amended by 39/2018 Sch 2\n\ns 39(2) amended by 47/2024 s 19(2), (3)\ns 70AB(3)\n\nauthorised person\ns 39(3) amended by 26/1998 s 10\n\ns 39(3) amended by 10/2000 s 2\n\ns 39(3) (ab) deleted by 42/2004 s 14(2)\ns 71\n\ns 71(1)\namended by 39/2018 s 30(1), (2)\n\namended by 47/2024 s 41(1), (2)\ns 71(2)\ns 71(3)\n\namended by 42/2004 s 19(1)\n\ns 71(4)\n\namended by 42/2004 s 19(2)\n\ns 71(5)—(7)\ninserted by 7/2016 s 3\ns 72\n\ns 72(1)\namended by 26/1998 s 18\ns 73\nsubstituted by 47/2024 s 42\ns 74\ndeleted by 26/1998 s 19\ns 75\n\namended by 47/2024 s 43\ns 76\n\ns 76(1)\namended by 26/1998 s 20\ns 76(2)\n\namended by 47/2024 s 44\ns 76A\ninserted by 47/2024 s 45\ns 77\nsubstituted by 47/2024 s 45\ns 78\n(d) deleted by 26/1998 s 21\n\nsubstituted by 47/2024 s 45\ns 78(2a) and (2b)\ninserted by 17/2025 s 16\ns 78A\ninserted by 17/2025 s 17\ns 79\namended by 47/2024 s 46\ns 80 before deletion by 84/2009\n\ns 80(1)\n(a) deleted by 26/1998 s 22\ns 80\ndeleted by 84/2009 s 357\n1.2.2010\ns 81\n\ns 81(1)\ns 81 redesignated as s 81(1) by 42/2004 s 20\n\ndeleted by 36/2011 s 32\n1.1.2012\ns 81(2) and (3)\ninserted by 42/2004 s 20\ns 82\nsubstituted by 26/1998 s 23\n\namended by 47/2024 s 47\ns 82A\ninserted by 47/2024 s 48\nss 83 and 84\ndeleted by 26/1998 s 24\ns 83\ninserted by 5/2012 s 5\ns 85\n\ns 85(1)\n(c) deleted by 26/1998 s 25(a)\ns 85(2)\namended by 39/2018 s 31(1), (2)\ns 85(3)\ndeleted by 26/1998 s 25(b)\n\ninserted by 47/2024 s 49\ns 86 before substitution by 47/2024\n\ns 86(2)\namended by 23/2001 s 118\n15.7.2001\ns 86\nsubstituted by 47/2024 s 50\ns 86A\ninserted by 39/2018 s 32\ns 86B\ninserted by 47/2024 s 51\ns 87\nheading amended by 47/2024 s 52(1)\ns 87(2)\n(a) and (b) deleted by 26/1998 s 26(a)\n\namended by 42/2004 s 21(1)—(4)\n\nsubstituted by 39/2018 s 33\n\namended by 47/2024 s 52(2)—(6)\n\n(b), (c) deleted by 47/2024 s 52(2)\ns 87(3)\nsubstituted by 39/2018 s 33\ns 87(4) and (5)\ndeleted by 26/1998 s 26(b)\n\ninserted by 47/2024 s 52(7)\ns 87(6)\ninserted by 47/2024 s 52(7)\nSch A1\ninserted by 17/2025 s 18\nSch 1\ndeleted by 26/1998 s 27\n\ninserted by 47/2024 s 53\nSch 2\ndeleted by 26/1998 s 27\nSch\ninserted by 26/1998 s 27\n\ndeleted by 47/2024 s 53\nTransitional etc provisions associated with Act or amendments\nTobacco Products Regulation (Dissolution of Sports Promotion, Cultural and Health Advancement Trust) Amendment Act 1998\n2—Interpretation\nIn this Act—\nthe Minister means the Minister for Human Services;\nthe Trust means the South Australian Sports Promotion, Cultural and Health Advancement Trust.\n7—Transitional provisions\n\t(1)\tAll moneys held in account in the Sports Promotion, Cultural and Health Advancement Fund at the Treasury immediately before the commencement of this Act are to be transferred to the Consolidated Account.\n\t(2)\tAll property, rights and liabilities vested in or attaching to the Trust immediately before the commencement of this Act vest in or attach to the Minister.\nStatutes Amendment (SACAT No 2) Act 2017\n269—Transitional provisions\n\t(1)\tA right of appeal under section 13 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\nprincipal Act means the Tobacco Products Regulation Act 1997;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nTobacco Products Regulation (E-Cigarettes and Review) Amendment Act 2018, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nprincipal Act means the Tobacco Products Regulation Act 1997 as in force immediately before the commencement of this clause.\n2—Licences\n\t(1)\tA licence that is in force under Part 2 of the principal Act immediately before the commencement of this clause will, on the commencement of this clause, be taken to authorise the carrying on of the business of selling e‑cigarette products by retail.\n\t(2)\tA reference to a tobacco product in a licence condition in force immediately before the commencement of this clause will, on the commencement of section 10 of this Act, be taken to include a reference to an e‑cigarette product.\n3—References to Tobacco Products Regulation Act 1997\nA reference in a licence under the principal Act or in any instrument, contract, agreement or other document to the Tobacco Products Regulation Act 1997 will, on and from the commencement of this clause, have effect as if it were a reference to the Tobacco and E-Cigarette Products Act 1997.\nTobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Act 2024, Sch 1—Saving and transitional provisions\n1—Interpretation\nIn this Schedule—\nMinister means the Minister to whom the administration of the principal Act is committed;\nprincipal Act means the Tobacco and E-Cigarette Products Act 1997;\nrelevant day means the day on which section 6 of this Act comes into operation;\nrelevant licence means a licence issued by the Minister under Part 2 of the principal Act as in force immediately before the relevant day;\nrelevant person means a person who holds a licence—\n\t(a)\tissued to the person under Part 2 of the principal Act as in force immediately before the commencement of this clause; and\n\t(b)\tin force immediately before the relevant day;\nSACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n2—Existing licences\n\t(1)\tSubject to this Schedule, an amendment to the principal Act effected by a provision of this Act applies in relation to a licence granted under the principal Act, and in respect of the holder of a licence under the principal Act, whether the licence was granted before or after the commencement of that provision.\n\t(2)\tThe Minister may issue to the holder of a licence granted and in force under the principal Act as in force immediately before the commencement of a provision of this Act a replacement copy of the licence in order to take account of modifications effected by the provision.\n\t(3)\tA relevant licence in force under Part 2 of the principal Act as in force immediately before the relevant day continues as a retail licence as if it had been issued under Part 2 of the principal Act as substituted by this Act.\n\t(4)\tThe suspension of a licence effected under section 11 of the principal Act before the relevant day continues as if the suspension was effected under section 69G(2)(c)(iii) of the principal Act as inserted by this Act.\n3—Requirement for wholesale licence\n\t(1)\tDuring the relevant period—\n\t(a)\ta relevant licence will be taken to authorise the sale of tobacco products by wholesale; and\n\t(b)\ta person who carries on the business of selling tobacco products by wholesale or who holds themself out as carrying on such a business does not commit an offence against section 6(2) of the principal Act as substituted by this Act.\n\t(2)\tIn this clause—\nrelevant period means the period of 6 months after the relevant day.\n4—Licence applications\nAn application for a licence under Part 2 of the principal Act that has been made but not determined before the relevant day may be determined by the Minister as if the application had been made under Part 2 of the principal Act as substituted by this Act.\n5—Licence conditions\n\t(1)\tSubject to subclause (2), a condition of a licence issued by the Minister under section 9 of the principal Act as in force immediately before the relevant day remains in force as a condition of a licence under section 9 of the principal Act as substituted by this Act.\n\t(2)\tA condition of a relevant licence that provides for the expiry of the licence is void.\n\t(3)\tAn application by the holder of a licence under section 9 of the principal Act that has been made but not finally determined before the relevant day may be continued and completed as if the application had been made under section 9 of the principal Act as substituted by this Act.\n6—Annual returns\n\t(1)\tThis clause applies to the holder of a relevant licence (including the holder of a relevant licence that is, on the relevant day, suspended).\n\t(2)\tA person to whom this clause applies must, not later than the designated day—\n\t(a)\tpay to the Minister the prescribed fee; and\n\t(b)\tprovide to the Minister an annual return in respect of the previous year in the manner and form, and containing the information, required by the Minister.\n\t(3)\tThe Minister may take action under section 11 of the principal Act as substituted by this Act against a person to whom this clause applies who fails to pay the prescribed fee or provide the annual return in accordance with subclause (2) as if the failure constituted a failure to pay an annual fee or provide the annual return referred to in that section.\n\t(4)\tSection 11(1) of the principal Act as substituted by this Act does not apply to a person to whom this clause applies in respect of a particular year if the person has, in accordance with subclause (2), provided an annual return or paid an annual fee in respect of that year.\n\t(5)\tIn this clause—\ndesignated day means the day falling 11 months after the relevant day.\n7—Seized products\nProducts that have been seized under Part 5 of the principal Act as in force immediately before the day on which section 38 of the Act comes into operation may be dealt with in accordance with section 69 of the principal Act as in force on the day on which section 38 of the Act commences.\n8—Review proceedings\n\t(1)\tAn application for a review under section 12 of the principal Act that has been made but not finally determined before the relevant day may be continued and determined under section 69I of the principal Act as inserted by this Act as if the application had been made under that section.\n\t(2)\tAn application to SACAT for a review under section 13 of the principal Act that has been made but not finally determined before the relevant day may be continued and determined by the Tribunal under section 69J of the principal Act as inserted by this Act as if the application had been made under that section.\n9—Register\nThe register kept under section 73 of the principal Act as in force immediately before the commencement of section 42 of this Act will, on that commencement, be taken to form part of the register required to be maintained under section 73 of the principal Act as substituted by this Act.\nStatutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Act 2025, Pt 3\n19—Transitional provisions\n\t(1)\tThe owner of premises in relation to which an application for a long term closure order has been made may, in accordance with section 69CC(3) of the Tobacco and E-Cigarette Products Act 1997 as amended by section 13(6) of this Act, apply to the Magistrates Court to be a party to the proceedings in relation to the application irrespective of whether the application for the making of the long term closure order was made before or after the commencement of that amendment.\n\t(2)\tAn application may be made to the Magistrates Court to amend or revoke a long term closure order under section 69CC(5) of the Tobacco and E-Cigarette Products Act 1997 as inserted by section 13(7) of this Act irrespective of whether the long term closure order to which the application relates was made before or after the commencement of that amendment.\nHistorical versions\nReprint No 1—5.6.1997\n\nReprint No 2—1.5.1998\n\nReprint No 3—3.9.1998\n\nReprint No 4—12.4.1999\n\nReprint No 5—5.8.1999\n\nReprint No 6—20.4.2000\n\nReprint No 7—1.6.2000\n\nReprint No 8—6.7.2000\n\nReprint No 9—15.7.2001\n\nReprint No 10—24.11.2003\n\n31.10.2006\n\n1.2.2010\n\n1.1.2012\n\n1.7.2021\n\n","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has materially broadened in scope since its original 1997 incarnation. Originally focused on tobacco regulation, it now expressly regulates e‑cigarette products (new definitions and sale/possession prohibitions added from 2018 onwards—see s5, s39A–39B), creates wholesale as well as retail licencing (Pt 2 as amended), and expands executive enforcement powers (embargo notices, compliance directions, controlled purchase operations and closure orders introduced or strengthened in 2024–2025—Pt 5, Pt 6, Pt 6AA). The Minister’s discretion to classify and prohibit product classes (s5(3), s34A, s39C), the fit‑and‑proper tests incorporating organised‑crime considerations (s5A), and high‑value penalties for large commercial quantities (s45A) all represent significant scope and intensity increases beyond the Act’s original tobacco‑only regulatory purpose."},"complexity_factors":["Extensive interpretation sections (ss 4–5) with around 50–70 defined terms and overlapping product definitions (tobacco product, e‑cigarette, vaping substance, e‑cigarette product).","Large Act length and structure: ~87 substantive sections plus multiple Parts, Divisions and Schedules (Pt 1–7, multiple inserted Parts and Schedules).","Numerous cross‑references to Commonwealth and state Acts (Corporations Act 2001, Customs Act 1901, Excise Act 1901, Public Health (Tobacco and Other Products) Act 2023, Controlled Substances Act 1984, Work Health and Safety Act 2012, Serious and Organised Crime (Control) Act 2008).","Multiple tiers of penalties and differentiated caps (individual v corporate; first v subsequent offences), including very large maxima for commercial/large commercial quantities (see s45A).","Extensive Ministerial discretion: power to classify products by Gazette notice (s5(3), s34A, s39C), issue exemptions (s71), impose licence conditions (s9) and accept enforceable undertakings (s76A).","Complex enforcement toolkit with conditional powers (authorised officers, police special powers, compliance directions, embargo notices, controlled purchase operations, closure orders) and specific procedural exceptions (e.g. closure orders where procedural fairness is not required for interim/short orders — s69CB(6), s69CBA(6)).","Controlled purchase operations that can involve designated persons (children aged 16+) and parental consent requirements — adds procedural complexity and safeguards (Pt 6; s69A–69C, s69B(2)).","Confidentiality and criminal intelligence rules that allow decisions without disclosing grounds in the public interest (s77) increasing opacity for regulated parties.","Multiple layers of review and appeal (Ministerial review under s69I; review to SACAT under s69J) and disciplinary procedures (Pt 6A), making outcomes dependent on administrative processes as well as courts.","Extensive amendment and transitional history (multiple amendments in 2018, 2023–2025 including major additions for e‑cigarettes and closure orders), creating a patchwork of older and newer provisions to reconcile (see legislative history)."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Creates a licensing system for businesses that sell tobacco (retail and wholesale) and requires licence-holders to meet \"fit and proper\" tests, pay fees and file annual returns (Pt 2; see s6–s11, s5A).  \n- Defines and regulates e‑cigarette devices, accessories and vaping substances broadly (s5).  \n- Prohibits many forms of supply, possession for sale, packaging and sale methods for tobacco and e‑cigarette products (Pt 3; see especially s30, s31, s39A, s39B).  \n- Gives the Minister power to declare particular tobacco, e‑cigarette or other products “prohibited” or otherwise classify product classes by Gazette notice (s34A, s39C, s5(3)).  \n- Bans almost all advertising, promotions, sponsorships and free samples relating to tobacco and e‑cigarette products (s40–s43).  \n- Bans smoking and vaping in many public and workplace places and in cars with children present; the Minister/Governor may extend location-based bans by notice or regulation (Pt 4; s46–s52, s48).  \n- Gives enforcement powers to authorised officers and police: inspection, seizure, warrants, compliance directions, embargo notices, and controlled purchase operations using authorised (including young) operatives (Pt 5 and Pt 6; s63–s66B, s69A–69C).  \n- Authorises closure orders for premises where unlawful sale or commercial distribution is suspected (interim, short-term by Minister; long-term by Magistrates Court) and makes it an offence to operate during closure (Pt 6AA; s69CB–69CC, s69CD).  \n- Allows the Minister to take disciplinary action against licence-holders (fines, suspension, cancellation, disqualification) and to accept enforceable undertakings (Pt 6A; s69D–69G, s76A).  \n- Establishes record-keeping and information-sharing rules (including criminal-intelligence confidentiality) and a public register of licence-holders (s73, s77–s78).  \n- Provides a broad penalty regime: many offences carry high fines (different caps for individuals v bodies corporate, first v subsequent offences), criminal and civil enforcement, and expiation options (throughout Pt 3 and other provisions; note s45A and others for very large maxima where quantities are involved).\n\n**Who is affected**\n\n- Retailers and wholesalers who sell tobacco products (require licences; s6–s7).  \n- Any person involved in the manufacture, importation, distribution, sale or display of tobacco, e‑cigarette products or products presented as alternatives to smoking (wide product definitions in s4 and s5; prohibitions in Pt 3).  \n- Licence applicants and entities with persons in positions of authority (fit and proper tests, s5A) — including background checks by the Commissioner of Police (s8, s69D(3)).  \n- Employers, occupiers and event organisers who must prevent smoking/vaping in prohibited places and may be fined if smoking occurs on premises (s46(3)–(4), s51–s52).  \n- Children and persons selling to children: strict prohibitions and heavy penalties apply when products are sold or supplied to minors (s39E, including s39E(5a)–(5b)).  \n- Manufacturers, advertisers and sponsors — advertising and promotional activity in commercial contexts is broadly banned (s40–s42).  \n- The public, insofar as the law changes where smoking/vaping is permitted and how products can be bought.\n\n**Why it matters (stated purpose, then practical effects)**\n\n- The Act’s stated purpose is to reduce uptake and consumption of tobacco and e‑cigarette products, protect non‑smokers (including children), and keep tobacco retail free from criminal influence (s3).  \n\nHow those objectives are implemented and what that implies:\n\n- Supply‑side controls (licensing, possession-for-sale offences, wholesale/retail definitions and heavy penalties — s6, s39A–s39B, s45A) make legal commercial distribution conditional and costly. That raises compliance costs for sellers (licence fees, record-keeping, annual returns — s9(4), s11) and increases the regulatory barriers for new entrants.  \n\n- Demand‑side and exposure controls (smoking bans in workplaces/public places, bans on advertising/sponsorship/promotions — s46, s40–s42) restrict where and how products are visible and consumed. This changes consumer information and marketing channels and reduces firms’ ability to advertise or use promotions to compete.  \n\n- Product‑classification powers (Ministerial declarations under s5(3), s34A, s39C) give the executive wide regulatory discretion to expand or narrow what is treated as a controlled or prohibited product. While that allows responsiveness to novel products (e.g. new vaping formats), it also creates regulatory uncertainty for manufacturers, importers and retailers pending Ministerial determinations.  \n\n- Strong enforcement tools and high penalties (warrants, embargo notices, closure orders, controlled purchase operations, very large fines for commercial quantities — s66, s66B, Pt 6AA, s45A) increase the practical cost of non‑compliance. The availability of closure orders and immediate embargoes imposes operational risk and potential short‑term business interruption.  \n\n- Information sharing with police and criminal-intelligence protections (s8, s77–s78) let the Minister use criminal intelligence when assessing licence fitness or taking disciplinary action. That supports the stated objective of excluding criminal influence but centralises significant discretion and may limit the transparency of reasons given to regulated parties.  \n\n**Costs, incentives and trade‑offs (mechanism‑focused)**\n\n- Who pays: retailers/wholesalers (licence fees, record-keeping and compliance costs — s11, s9(4)); manufacturers/importers (packaging requirements tied to Commonwealth plain‑packaging rules — s4 'prescribed packaging requirements'); persons who breach the Act (fines, potential licence loss, criminal penalties — Pt 3 and Pt 6A).  \n\n- Who decides: Minister carries extensive powers (issue/refuse licences, set conditions, declare prohibited products, issue closure orders and exemptions, accept undertakings — s7, s9, s34A, s39C, s69CB–69CBA, s71, s76A). Police and authorised officers exercise operational enforcement (s63–s66, s66AA). Courts (Magistrates Court) decide long‑term closure orders and can impose orders following convictions (s69CC, s82A).  \n\n- Behavioural changes induced: reduced point‑of‑sale visibility and promotional activity; fewer retail outlets or consolidated wholesale arrangements due to licensing and compliance economies; greater verification of customer age at point of sale (s70AB); cautious product development and labelling by manufacturers given Ministerial classification powers.  \n\n- Trade‑offs and opportunity costs: the law reduces commercial freedom to market and distribute nicotine products, which may reduce consumer choice and business revenues, while shifting enforcement costs onto government and regulated entities. Restricting legal supply channels may increase incentives for illicit markets unless enforcement and border controls are effective (the Act criminalises possession of prohibited/excise‑unpaid goods — s32, s33, s45A).  \n\n- Implementation risks and compliance burden: substantial delegated discretion to the Minister (multiple Gazette notices, exemptions, regime for classifying products), multiple reporting and record-keeping obligations (s9(4), s11, s76), and complex cross-referencing to Commonwealth acts (e.g. Corporations Act, Customs Act, Excise Act, and Public Health (Tobacco and Other Products) Act 2023). Businesses face uncertainty while Ministerial determinations or regulatory changes are pending.  \n\n**Concrete areas of concentrated benefit and diffuse cost**\n\n- Concentrated benefit: the state acquires additional control levers to limit youth access and criminal influence over retail (licensing criteria s5A, police information sharing s8).  \n- Diffuse costs: many retailers, small businesses and consumers face compliance costs, reduced marketing channels and potential price or availability effects.\n\n**Key implementation levers to watch (sections cited)**\n\n- Definitions and product scope: s4, s5.  \n- Licensing and fit‑and‑proper tests: Pt 2; s5A, s6–s11.  \n- Sale/possession prohibitions for e‑cigarette products: s39A–s39B; prohibited products: s39C.  \n- Advertising and promotion limits: s40–s43.  \n- Enforcement tools (search, seizure, compliance directions, embargo notices): s66, s66A, s66A, s66B.  \n- Closure orders and business‑closure powers: Pt 6AA (s69CB–69CC).  \n- Disciplinary powers over licences and ministerial discretion/undertakings: Pt 6A (s69D–69G), s76A."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3591},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally enacted in 1997 as the Tobacco Products Regulation Act focused solely on tobacco retail licensing and smoking restrictions. Massively expanded via amendments (particularly 2018 and 2024) to encompass e-cigarettes/vaping, introduce wholesale licensing, establish a \"fit and proper person\" regime linked to serious organised crime legislation, create closure order powers allowing premises to be shut for up to 12 months, and incorporate criminal intelligence sharing between police and regulators. Transformed from a tobacco retail management statute into a comprehensive tobacco and vaping control, enforcement, and anti-illicit-trade framework."},"complexity_factors":["Over 40 defined terms including a complex mathematical formula for determining \"enclosed\" spaces (70% surface area calculation)","Three distinct tiers of closure orders (interim 72-hour, short-term 28-day, and long-term 12-month) with different procedural requirements and judicial involvement","Extensive cross-referencing to Commonwealth legislation (Corporations Act, Customs Act, Public Health Act) and other South Australian Acts (Serious and Organised Crime (Control) Act)","Nested offence structures with four-tier penalty scales distinguishing between body corporates and individuals, and between first and subsequent offences","Criminal intelligence provisions that override normal procedural fairness and evidence disclosure requirements","\"Fit and proper person\" regime requiring assessment of family and business associates (\"close associates\") and links to declared criminal organisations","Fragmented Part structure (Parts 6, 6AA, 6A, 6B) resulting from multiple amendment layers, creating navigation difficulties","Presumption offences where possession of certain quantities is deemed proof of intent to sell unless the defendant proves otherwise"],"plain_english_summary":"This South Australian law tightly controls tobacco and vaping products to protect public health, especially children. It requires anyone selling tobacco to hold a government licence subject to police checks and \"fit and proper person\" tests (designed to exclude organised crime). The law bans the sale of e-cigarettes and vaping supplies almost entirely (except via pharmacy prescription). It restricts how tobacco can be sold (no singles, no vending machines, plain packaging only) and bans smoking in enclosed public places, workplaces, cars with children, and near playgrounds. Businesses face severe penalties (up to $1.1 million) for selling to children or dealing in illicit products. Police and authorised officers have broad powers to inspect premises, seize illegal stock, and even shut down businesses for up to 12 months using \"closure orders.\" The law also uses undercover \"sting\" operations to catch retailers selling to minors."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Cannot be assessed — no legislative text was provided. The page returned was a website error notice, not the text of the Tobacco and E-Cigarette Products Act 1997. No comparison between original and current scope is possible."},"complexity_factors":["No legislative text was actually retrieved — the source page returned a 404 error","Analysis is impossible without substantive content","Complexity score of 1 reflects the absence of content to analyse, not the underlying Act's complexity","The Act itself, if retrieved, would likely score significantly higher due to its regulatory scope and history of amendment"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe legislation you attempted to retrieve — the *Tobacco and E-Cigarette Products Act 1997* (South Australia) — could not be loaded. The source URL returned a **\"Page Not Found\"** error, likely because a website restructure occurred around **24 March 2026** that broke older hyperlinks.\n\n**What this means for you:** No actual legislative text was provided for analysis. The content above is entirely a website error page, not the Act itself.\n\n**What we do know from the title alone:**\n- This is a **South Australian law** governing tobacco products and e-cigarettes (vapes).\n- It was originally enacted in **1997** — well before e-cigarettes existed — suggesting it has been significantly amended over time to include vaping products.\n- Laws of this type typically regulate things like: age restrictions on purchasing, advertising bans, retail licensing, plain packaging requirements, and smoking/vaping in public places.\n\n**To access the actual Act**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for the Act by name directly."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/tobacco-and-e-cigarette-products-act-1997","history":"/api/acts/tobacco-and-e-cigarette-products-act-1997/history","analysis":"/api/acts/tobacco-and-e-cigarette-products-act-1997/analysis","conflicts":"/api/acts/tobacco-and-e-cigarette-products-act-1997/conflicts","importantCases":"/api/acts/tobacco-and-e-cigarette-products-act-1997/important-cases","documents":"/api/acts/tobacco-and-e-cigarette-products-act-1997/documents"}}