{"id":"tobacco-and-e-cigarette-products-regulations-2019","name":"Tobacco and E-Cigarette Products Regulations 2019","slug":"tobacco-and-e-cigarette-products-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237921,"registerId":"sa-tobacco-and-e-cigarette-products-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tobacco and E-Cigarette Products Regulations 2019","content":"South Australia\nTobacco and E-Cigarette Products Regulations 2019\nunder the Tobacco and E-Cigarette Products Act 1997\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n3A\tFit and proper persons—prescribed offences\n3B\tConditions of licence—information to be kept by holder of wholesale licence\n3BA\tAnnual return—prescribed day\n3C\tPossession of certain tobacco products—prescribed quantity\n3D\tCommercial and large commercial quantities of prescribed product—prescribed quantities\nPart 2—Restrictions on supply or promotion of tobacco products and e‑cigarette products\nDivision 1—Sale or supply of tobacco products—prescribed notice\n4\tPrescribed notice\nDivision 1A—Offences relating to e‑cigarette products\n4A\tPossession of e‑cigarette products for the purpose of sale—prescribed quantity\nDivision 2—Certain advertising prohibited\n5\tPreliminary\n6\tPermitted signs outside premises\n7\tPermitted advertising\nPart 3—Signage requirements\n8\tSmoking permitted signs\n9\tNo smoking signs in enclosed public places\n9A\tNo smoking signs in long term ban areas\nPart 4—Smoking bans in public areas—longer term\n10\tBowden Town Square\n11\tHenley Square\n12\tMoseley Square Glenelg\n13\tRoyal Adelaide Show\n14\tThe Parade Norwood\n15\tOutdoor dining areas\n16\tFurther offence where smoking occurs in outdoor dining area\n17\tNo smoking at or in vicinity of premises at which early childhood services are provided\n18\tNo smoking at or in vicinity of education and children's services facility\n19\tNo smoking at or in vicinity of hospital\n20\tNo smoking at or in vicinity of residential aged care facility\n21\tNo smoking near entrance to enclosed public place, workplace or shared area\n22\tNo smoking at major events venue\n23\tNo smoking at or in vicinity of swimming facility, jetty or certain areas of beach\n24\tNo smoking at underage sporting events\nPart 5—Seizure of material or things\n25\tSeized property and forfeiture\n26\tRepresentative samples\n27\tAnalysis\n28\tEvidentiary provisions\nPart 6—Miscellaneous\n29\tEvidence of age\n30\tEmbargo notices—prescribed particulars\n31\tRegister\n32\tDisclosure of information—prescribed kinds of person\nSchedule 1—Transitional provision\n1\tTransitional provision\nSchedule 2—Maps of declared public areas\nPart 1—Bowden Town Square declared public area (regulation 10)\nPart 2—The Parade Norwood declared public area (regulation 14)\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Tobacco and E-Cigarette Products Regulations 2019.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Tobacco and E-Cigarette Products Act 1997;\nbusiness name, in relation to a business, means the business name registered for the business on the Business Names Register under the Business Names Registration Act 2011 of the Commonwealth;\ncapsule cigarette means a cigarette that contains a capsule designed to release flavour into the cigarette;\ncompany name, in relation to a business that is a company, means the company name registered in relation to the business under the Corporations Act 2001 of the Commonwealth;\nfruit or confectionary flavoured cigarette means a cigarette—\n\t(a)\tthat possesses, or the smoke of which possesses, a distinctive fruity, sweet or confectionary‑like character; and\n\t(b)\tthat is advertised in a way that might encourage young people to smoke,\nbut does not include a cigarette the flavouring of which is primarily of a menthol character;\noutdoor dining area means an unenclosed public area in which tables, or tables and chairs, are permanently or temporarily provided for the purpose of public dining in the area, but does not include a part of the unenclosed public area that is separated from the part in which dining occurs by a wall or other solid barrier of not less than 2 m in height;\npacket includes a tin or other container;\nproduct line, in relation to a tobacco product, means a particular retail line of the product, distinguishable from similar products by 1 or more of the following characteristics:\n\t(a)\tthe brand name, trade mark or other description of the product;\n\t(b)\tthe flavour of the product;\n\t(c)\tin the case of a packet of cigarettes, cigars or cigarillos—the number or size of cigarettes, cigars or cigarillos in the packet;\n\t(d)\tin the case of cigarette or pipe tobacco—the weight of the packet in which the tobacco is sold;\nregistered trade mark, in relation to a business, means the trade mark registered for the business under the Trade Marks Act 1995 of the Commonwealth;\nroad means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles, and includes—\n\t(a)\tthe carriageway of the road; and\n\t(b)\tthe footpaths (if any) of the road; and\n\t(c)\ta median strip, traffic island or other land separating carriageways of the road; and\n\t(d)\tany other land adjoining or adjacent to the carriageway of the road that is land that has been reserved for the purposes of the road.\n\t(2)\tFor the purposes of these regulations—\n\t(a)\ta reference to a tobacco product includes a reference to a part of a tobacco product; and\n\t(b)\ttext appearing on a sign, price board or price ticket will be taken to be in a standardised font if it is of a single style and size (whether or not handwritten).\n3A—Fit and proper persons—prescribed offences\nFor the purposes of section 5A(1)(a) and (2)(a) of the Act, a person is not a fit and proper person for a particular purpose under the Act, or to occupy a position of authority in a trust or corporate entity that holds a licence, if the person has, within the previous 10 years, been found guilty or convicted of 1 or any of the following offences:\n\t(a)\tan indictable offence against the Act;\n\t(b)\tan indictable offence against the Controlled Substances Act 1984; \n\t(c)\ta summary offence against the Controlled Substances Act 1984 involving nicotine;\n\t(d)\ta serious and organised crime offence within the meaning of the Criminal Law Consolidation Act 1935;\n\t(e)\tan indictable offence against the Serious and Organised Crime (Control) Act 2008;\n\t(f)\tan indictable offence involving violence;\n\t(g)\tan offence against the law of another jurisdiction that would, if committed in this State, constitute an offence prescribed by a preceding paragraph.\n3B—Conditions of licence—information to be kept by holder of wholesale licence\n\t(1)\tFor the purposes of section 9(4)(a) of the Act, the following information must be kept and retained by the holder of a wholesale licence:\n\t(a)\tthe following details in relation to each sale of tobacco products made by the holder of the licence within the previous year:\n\t(i)\tthe name and address of each person to whom the tobacco products were sold;\n\t(ii)\tif the tobacco products were sold to a person within Australia—the ABN of the person;\n\t(iii)\tthe type and brand of tobacco products sold to each person identified in subparagraph (i);\n\t(iv)\tthe quantity (identified by type and brand) of tobacco products sold to each person identified in subparagraph (i);\n\t(v)\tthe date on which the sale was made;\n\t(vi)\tthe unit price and total price in relation to each sale;\n\t(b)\tthe following details in relation to each purchase or receipt of tobacco products by the holder of the licence within the previous year:\n\t(i)\tthe name and address of each person from whom the tobacco products were purchased or received;\n\t(ii)\tif the tobacco products were purchased or received from a person within Australia—the ABN of the person;\n\t(iii)\tthe type and brand of tobacco products purchased or received from each person identified in subparagraph (i);\n\t(iv)\tthe quantity (identified by type and brand) of tobacco products purchased or received from each person identified in subparagraph (i);\n\t(v)\tthe date on which the tobacco products were purchased or received;\n\t(vi)\tin the case of a purchase of tobacco products—the unit price and total price in relation to each purchase;\n\t(vii)\tin the case of a receipt of tobacco products—the unit value and total value of the products in relation to each receipt of products;\n\t(c)\tany other information required by the Minister.\n\t(2)\tFor the purposes of section 9(4)(b) of the Act, the holder of a wholesale licence must provide to the Minister the information required to be kept and retained under subregulation (1) in the annual return required to be submitted by the holder of the licence under section 11 of the Act.\n3BA—Annual return—prescribed day\nFor the purposes of section 11(1)(b) of the Act, the holder of a licence must pay the annual fee and lodge the annual return on or before—\n\t(a)\tthe last day of the month in each year nominated in writing to the holder of the licence by the Minister; or\n\t(b)\tif the Minister does not nominate a month—the last day of the month in each year that is the same month in which their licence was granted.\n3C—Possession of certain tobacco products—prescribed quantity\nFor the purposes of section 33(3) of the Act, the prescribed quantity of a prescribed tobacco product is—\n\t(a)\tin the case of cigarettes—50 cigarettes; or\n\t(b)\tin any other case—50 grams of a prescribed tobacco product.\n3D—Commercial and large commercial quantities of prescribed product—prescribed quantities\n\t(1)\tFor the purpose of the definition of commercial quantity of a prescribed product in section 45A(3) of the Act, the following quantities are prescribed:\n\t(a)\tin the case of a tobacco product—\n\t(i)\tthat is a cigarette—5 000 cigarettes; or\n\t(ii)\tin any other case—5 kg of a tobacco product;\n\t(b)\tin the case of an e‑cigarette product—\n\t(i)\tthat is an e‑cigarette—100 e‑cigarettes; or\n\t(ii)\tthat is a liquid—1 L of liquid; or\n\t(iii)\tin any other case—200 products;\n\t(c)\tin the case of any other prescribed product—200 products.\n\t(2)\tFor the purposes of the definition of large commercial quantity of a prescribed product in section 45A(3) of the Act, the following quantities are prescribed:\n\t(a)\tin the case of a tobacco product—\n\t(i)\tthat is a cigarette—25 000 cigarettes; or\n\t(ii)\tin any other case—25 kg of a product;\n\t(b)\tin the case of an e‑cigarette product—\n\t(i)\tthat is an e‑cigarette—500 e‑cigarettes; or\n\t(ii)\tthat is a liquid—10 L of liquid; or\n\t(iii)\tin any other case—1 000 products;\n\t(c)\tin the case of any other prescribed product—500 products.\nPart 2—Restrictions on supply or promotion of tobacco products and e‑cigarette products\nDivision 1—Sale or supply of tobacco products—prescribed notice\n4—Prescribed notice\nFor the purposes of section 39E(5) of the Act, a notice will be in the prescribed form if—\n\t(a)\tthe notice is A4 size; and\n\t(b)\tit displays only the letters, words, figures and symbols of a colour and size specified in a determination of the Minister made for the purposes of this regulation and notified to the holder of a licence from time to time.\nDivision 1A—Offences relating to e‑cigarette products\n4A—Possession of e‑cigarette products for the purpose of sale—prescribed quantity\nFor the purposes of section 39B(3) of the Act, the prescribed quantity of e‑cigarette products is—\n\t(a)\tin the case of an e‑cigarette—2 e‑cigarettes; and\n\t(b)\tin the case of an e‑cigarette product that is a liquid—60 mL of liquid; and\n\t(c)\tin the case of any other e‑cigarette product—4 products.\nDivision 2—Certain advertising prohibited\n5—Preliminary\nSection 40 of the Act prohibits certain advertising in relation to tobacco products and e‑cigarette products, however, this Division sets out, for the purposes of section 40(3) of the Act, specific circumstances in which the prohibition will not apply.\n6—Permitted signs outside premises\n\t(1)\tFor the purposes of section 40(3)(a) of the Act, signs outside premises of a business where tobacco products are sold by retail will only be displayed in accordance with the regulations if—\n\t(a)\tthe signs comprise 1 or both of the following:\n\t(i)\ta sign or signs displaying—\n\t(A)\tthe business name or company name of the business; or\n\t(B)\tthe registered trade mark of the business (whether or not together with the business name or company name); and\n\t(ii)\teither—\n\t(A)\ta single sign outside the premises with only the words, in black text no larger than 40 mm high on a white background—\n\t•\ttobacco products sold here; or\n\t•\tcigarette cartons sold here; or\n\t•\tcigarettes sold here; or\n\t(B)\tno more than 1 such sign on each external wall of the premises that is visible to the public (or a window in such a wall); and\n\t(b)\teach such sign is erected or displayed in accordance with any other Act or law relating to such signage.\n\t(2)\tIn this regulation—\nsign includes every painted sign, mural or other sign, signboard, visual display screen, visual display image, visual display or projection device, other advertising device, lamp, globe, floodlight, banner, bunting, and streamer, including any background as well as any lettering and any advertising structure.\n7—Permitted advertising\n\t(1)\tFor the purposes of section 40(3)(c) of the Act, the following action is prescribed:\n\t(a)\tthe display of a single sign inside premises where tobacco products or e‑cigarette products are sold by retail, provided that the sign contains only, in black text no larger than 40 mm high on a white background, the words—\n\t(i)\ttobacco products sold here; or\n\t(ii)\tcigarette cartons sold here; or\n\t(iii)\tcigarettes sold here;\n\t(b)\tthe advertisement of a tobacco product or e‑cigarette product in or on a periodical—\n\t(i)\tin hard copy that is printed outside Australia; and\n\t(ii)\tthat is not principally intended for distribution or use in Australia; and\n\t(iii)\tthat consists of no more than selling or supplying, or offering to sell or supply, the periodical;\n\t(c)\tthe advertisement of a tobacco product that is an accidental or incidental accompaniment to the publication of other matter;\n\t(d)\tthe sale or delivery of a product containing an advertisement—\n\t(i)\tof a kind referred to in paragraph (b) or (c); or\n\t(ii)\tof a tobacco product in or on a package containing the product (being a package in which the product is offered for sale in the ordinary course of business);\n\t(e)\tthe advertisement of a tobacco product consisting of, or reasonably incidental to, the display, at the request of a customer, of the product to the customer inside premises where the products are sold by retail;\n\t(f)\tthe advertisement of a tobacco product that is reasonably incidental to—\n\t(i)\tthe sale or delivery of the product;\n\t(ii)\tthe genuine restocking of an area in which the products are stored in accordance with the Act pending their sale;\n\t(g)\tthe advertisement of a tobacco product in premises where tobacco products are only sold by retail in cartons consisting of a single sign attached to or adjacent to a point of sale containing only, in black standardised font no larger than 40 mm high on a white background, the words \"cartons only sold here\";\n\t(h)\tthe advertisement of a tobacco product on the premises of the business of a distributor or manufacturer of those products consisting of a sign or signs displaying—\n\t(i)\tthe business name or company name of the business; or\n\t(ii)\tthe registered trade mark of the business (whether or not together with the business name or company name),\nerected or displayed in accordance with any other Act or law relating to such signage;\n\t(i)\tthe advertisement of a tobacco product to a group of people all of whom are involved in the manufacture, distribution or sale of those products;\n\t(j)\tthe advertisement of a tobacco product on a price board in premises where such products are sold by retail, provided that—\n\t(i)\tthere is only a single such price board in the premises; and \n\t(ii)\tthe total surface area of the visible parts of the board does not exceed—\n\t(A)\tif the price board is in the premises of a specialist tobacconist—1 m²; or\n\t(B)\tin any other case—0.5 m²; and\n\t(iii)\tthe board consists of black text on a completely white background; and\n\t(iv)\tthe text on the board is a standardised font not exceeding 20 mm in height; and\n\t(v)\tthe information on the board does not relate to—\n\t(i)\tfruit or confectionary flavoured cigarettes; or\n\t(ii)\tcapsule cigarettes; and\n\t(vi)\tthe information on the board is limited to any 1 or more of the following details:\n\t(A)\tthe names of particular product lines;\n\t(B)\tthe prices of particular product lines (displayed in a way that does not indicate that a particular product line has been discounted);\n\t(C)\tthe country of origin of particular product lines;\n\t(D)\ta bar code or similar identification code used in the point of sale system of the retailer's business;\n\t(F)\tthe packet size of particular product lines (by weight or number of tobacco products contained in the packet or carton);\n\t(k)\tthe advertisement of tobacco products by price tickets relating to particular product lines in premises where such products are sold by retail, provided that—\n\t(i)\tall price tickets in the premises are of an approximately equal size (but in any case not exceeding 80 mm × 40 mm); and\n\t(ii)\teach price ticket consists of black text on a completely white background; and\n\t(iii)\tthe text on each price ticket is a standardised font not exceeding 15 mm in height; and\n\t(iv)\tthe price ticket does not relate to—\n\t(i)\tfruit or confectionary flavoured cigarettes; or\n\t(ii)\tcapsule cigarettes; and\n\t(v)\tthe information on each price ticket is limited to any 1 or more of the following:\n\t(A)\tthe name of the product line;\n\t(B)\tthe price of the product line (displayed in a way that does not indicate that the product line has been discounted);\n\t(C)\tthe country of origin of the product line;\n\t(D)\ta bar code or similar identification code used in the point of sale system of the retailer's business;\n\t(E)\tany other information reasonably required for the efficient conduct of the retailer's business;\n\t(G)\tthe packet size (by weight or by number of tobacco products contained in the packet or carton).\n\t(4)\tFor the purposes of this regulation, premises will be taken to be the premises of a specialist tobacconist if—\n\t(a)\ta person sells tobacco products by retail in the premises in the ordinary course of business; and\n\t(b)\tduring—\n\t(i)\tin the case of a business that has been trading for a period of more than 1 financial year—the immediately preceding financial year; or\n\t(ii)\tin any other case—the period for which the business has been trading,\nthe gross turnover of all tobacco products sold at the premises constitutes 80% or more of the gross turnover of all products sold at the premises during the relevant period; and\n\t(c)\tin the case where the premises are situated within another shop—\n\t(i)\tthe premises are separated from the other shop by means of internal walls or doors; and\n\t(ii)\ta person is not able to use the premises as a thoroughfare to gain entry to the other shop from outside the premises.\n\t(5)\tIn this regulation—\nperiodical means an issue (however described) of a newspaper, magazine, journal, newsletter, or other similar publication, issues of which are published at regular or irregular intervals.\nPart 3—Signage requirements\n8—Smoking permitted signs\nThe following requirements apply for the purposes of section 45(2) of the Act:\n\t(a)\tthe sign must be no greater than A4 size with only the words, in either black or white text no larger than 20 mm high—\n\t(i)\tsmoking permitted; or\n\t(ii)\tsmoking permitted in this area; or\n\t(iii)\tsmoking permitted in this area only; and\n\t(b)\tthe sign must be erected or displayed in accordance with any other Act or law relating to such signage.\n9—No smoking signs in enclosed public places\nThe occupier of an enclosed public place (being a place in which smoking is banned under section 46 of the Act) must display signs—\n\t(a)\tthat contain words or symbols that indicate clearly that smoking (both of tobacco products and e‑cigarettes) is not permitted; and\n\t(b)\tin such a way that a person (other than the occupier or an employee of the occupier) cannot readily remove or relocate the signs; and\n\t(c)\tin such numbers and in positions of such prominence that they are likely to be seen by persons at any public entrance to the place and within the place.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$10 000;\n\t(b)\tin the case of an individual—$5 000.\nExpiation fee: $630.\n9A—No smoking signs in long term ban areas\nFor the purposes of section 52(4) of the Act, the occupier of a public area to which a declaration in Part 4 of these regulations applies must indicate the effect of the declaration to persons in the area by displaying signs—\n\t(a)\tcontaining words or symbols that indicate clearly that smoking (both of tobacco products and e‑cigarettes) is not permitted; and\n\t(b)\tin such a way that a person (other than the occupier or an employee of the occupier) cannot readily remove or relocate the signs; and\n\t(c)\t—\n\t(i)\tin the case of the declaration in regulation 13, 17, 18, 19, 20 or 21—in such numbers and in positions of such prominence that the signs are likely to be seen by persons at any public entrance to the public area and within the area; or\n\t(ii)\tin any other case—in such numbers and in such positions of prominence within the public area as are likely to be seen by persons within the area.\nPart 4—Smoking bans in public areas—longer term\n10—Bowden Town Square\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in the public area shown on the map in Schedule 2 Part 1 as the \"declared public area\", being the area in Bowden comprised of Lots 40, 42, 400 and 453, but excluding the car park.\n\t(2)\tIn this regulation—\ncar park means the area shown on the map in Schedule 2 Part 1 as the \"car park\", being the area within Lot 42 bounded by a line commencing at the intersection of the north‑eastern and south‑eastern boundaries of Lot 42, then north‑westerly along the north‑eastern boundary of Lot 42 to its intersection with the prolongation in a north‑easterly direction of the south‑eastern boundary of Plant 4, then south‑westerly along that boundary to the point at which that boundary (or its prolongation) intersects the south‑western boundary of Lot 42, then beginning south‑easterly following the boundary of Lot 42 to the point of commencement;\nLot 40 means Lot 40 Deposited Plan 113083;\nLot 42 means Lot 42 Deposited Plan 112982;\nLot 400 means Lot 400 Deposited Plan 112982;\nLot 453 means Lot 453 Deposited Plan 112982;\nPlant 4 means the built structure on Lot 42 commonly known as Plant 4;\nprolongation means prolongation in a straight line.\n11—Henley Square\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in all public areas in Henley Square.\n\t(2)\tIn this regulation—\nHenley Square means the following areas (being the area commonly referred to as Henley Square):\n\t(a)\tthe whole of Allotment 101 Deposited Plan 45601 (excluding any area used as a car park by members of the public and any premises);\n\t(b)\tthe area bounded as follows:\n\t(i)\ton the north by Allotment 101 Deposited Plan 45601;\n\t(ii)\ton the east by the western boundaries of the properties adjacent to the Esplanade, Henley Beach;\n\t(iii)\ton the south by a line extending generally east from the south east corner of the Henley Surf Life Saving Club;\n\t(iv)\ton the west by the sea wall.\n12—Moseley Square Glenelg\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in all public areas in Moseley Square, Glenelg, other than an area (not being an enclosed public place, workplace or shared area) to which an Outdoor Dining Permit issued by the City of Holdfast Bay pursuant to section 200 of the Local Government Act 1999 applies.\nNote—\nSmoking is banned in enclosed public places, workplaces or shared areas under section 46 of the Act.\n\t(2)\tIn this regulation—\nMoseley Square, Glenelg means the area in Glenelg bounded as follows: commencing at the point at which the southern boundary of Section 1510 Hundred of Noarlunga meets the eastern boundary of the Section (the western boundary of Colley Terrace), then southerly along the prolongation in a straight line of the eastern boundary of the Section to the point at which that prolongation intersects the prolongation in a straight line of the southern boundary of Lot 100 DP 76687, then westerly and southerly along that prolongation and boundary of Lot 100 to the point at which it meets the north‑eastern boundary of Piece 102 DP 76687, then generally north‑westerly, northerly and north‑easterly along the western boundary of Lot 100 DP 76687 to the point at which it meets the southern boundary of Lot 107 DP 71400, then in a straight line by the shortest route to the south‑western corner of Lot 106 DP 71400, then easterly along the southern boundary of Lot 106 and the adjoining Lots (the northern boundary of Lot 100 DP 76687) to the point of commencement.\n13—Royal Adelaide Show\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in the following public areas for the period each year during which the annual Royal Adelaide Show is being held:\n\t(a)\tall public areas within the Adelaide show grounds, other than—\n\t(i)\tan area (not being an enclosed public place, workplace or shared area) in respect of which a licence is in force under the Liquor Licensing Act 1997; or\nNote—\nSmoking is banned in enclosed public places, workplaces or shared areas under section 46 of the Act.\n\t(ii)\tan area used as a car park by members of the public (other than an area designated under paragraph (b) as an area in which smoking is not permitted); or\n\t(iii)\tany other area designated by the Society as an area in which smoking is permitted;\n\t(b)\tany public area in the vicinity of a public entrance to the Adelaide show grounds designated by the Society as an area in which smoking is not permitted.\n\t(2)\tIn this regulation—\nAdelaide show grounds has the same meaning as in the Adelaide Show Grounds (Regulations and By-laws) Act 1929;\nSociety means the Royal Agricultural and Horticultural Society of South Australia Incorporated.\n14—The Parade Norwood\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in the following public areas of Norwood:\n\t(a)\tthe public area bounded—\n\t(i)\ton the north by the building line on the northern side of The Parade; and\n\t(ii)\ton the south by the building line on the southern side of The Parade; and\n\t(iii)\ton the east by the western edge of Portrush Road; and\n\t(iv)\ton the west by the eastern edge of Osmond Terrace;\n\t(b)\tthe laneway adjacent to the Norwood Town Hall,\n(being the area shown on the map in Schedule 2 Part 2 as the declared area).\n\t(2)\tIn this regulation—\nbuilding line, in relation to the Parade, means the line formed by the facades of the buildings on the relevant side of The Parade (and includes, where 2 buildings are not contiguous, a straight line running between the closest points of the facades of the buildings);\nlaneway adjacent to the Norwood Town Hall means the laneway forming the whole of the land comprised in Certificate of Title Volume 6037 Folio 165.\n15—Outdoor dining areas\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in a public area consisting of an outdoor dining area at any time that food is being offered for purchase, or otherwise provided, by or on behalf of the occupier of the outdoor dining area for the purpose of consumption in the area (whether or not a person is, in fact, dining in the area).\nNote—\nFor example, if a hotel offers meals between 12pm and 2pm in an outdoor dining area, then smoking will be banned in the area during that period, regardless of whether anyone is actually eating in the area.\n\t(2)\tFor the purposes of this regulation a person will be taken to be in an outdoor dining area if any part of the person is within the outdoor dining area.\n\t(3)\tIn this regulation—\nfood does not include snack food;\nsnack food means prepackaged food of a kind generally intended to be consumed between meals.\nExample—\nThis would include foods such as potato crisps, nuts and chocolate bars, but would not include, for example, sandwiches or hot chips.\n16—Further offence where smoking occurs in outdoor dining area\n\t(1)\tIf smoking occurs in an outdoor dining area in contravention of section 52(2) of the Act, the occupier of the outdoor dining area is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—\n\t(i)\tfor a first offence—$15 000;\n\t(ii)\tfor a second or subsequent offence—$20 000;\n\t(b)\tin the case of an individual—\n\t(i)\tfor a first offence—$5 000;\n\t(ii)\tfor a second or subsequent offence—$10 000.\nExpiation fee: $630.\n\t(2)\tIt is a defence to an offence against subregulation (1) if the defendant proves that—\n\t(a)\the or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or\n\t(b)\the or she requested the person smoking to stop smoking and informed the person that the person was committing an offence.\n17—No smoking at or in vicinity of premises at which early childhood services are provided\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in all public areas—\n\t(a)\twithin premises at which early childhood services are provided; or\n\t(b)\twithin 10 m of the boundary of premises at which early childhood services are provided,\nat all times during which those services are being provided at the premises.\n\t(2)\tIn this regulation—\nearly childhood services has the same meaning as in section 4 of the Education and Early Childhood Services (Registration and Standards) Act 2011.\n18—No smoking at or in vicinity of education and children's services facility\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in all public areas—\n\t(a)\twithin an education and children's services facility; or\n\t(b)\twithin 10 m of the boundary of an education and children's services facility.\n\t(2)\tIn this regulation—\neducation and children's services facility means—\n\t(a)\tpremises where services of a kind to which the Education and Care Services National Law (South Australia) applies are provided; or\n\t(b)\tpremises occupied by a children's services centre, a Government preschool, a Government school or a non‑Government school all within the meaning of the Education and Children's Services Act 2019.\n19—No smoking at or in vicinity of hospital\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in all public areas—\n\t(a)\twithin a hospital; or\n\t(b)\twithin 10 m of the boundary of a hospital.\n\t(2)\tIn this regulation—\nhospital means a site at which activities of an incorporated hospital or a private hospital (both within the meaning of the Health Care Act 2008) are undertaken.\n20—No smoking at or in vicinity of residential aged care facility\n\t(1)\tFor the purposes of section 52 of the Act, on and after 7 December 2026, smoking is banned in all public areas—\n\t(a)\twithin a residential aged care facility; or\n\t(b)\twithin 10 m of the boundary of a residential aged care facility.\n\t(2)\tIn this regulation—\nresidential aged care facility means premises at which residential care is provided by an approved provider under the Aged Care Act 1997 of the Commonwealth.\n21—No smoking near entrance to enclosed public place, workplace or shared area\n\t(1)\tSubject to this regulation, for the purposes of section 52 of the Act, smoking is banned in all public areas at or within 10 m of any part of an entry point to an enclosed public place, workplace or shared area at all times during which the enclosed public place, workplace or shared area is open for use by persons who work at or otherwise use the enclosed public place, workplace or shared area.\n\t(2)\tSubregulation (1) does not apply to an area (not being an enclosed public place, workplace or shared area)—\n\t(a)\tin respect of which a licence is in force under the Liquor Licensing Act 1997; or\n\t(b)\tthat is at or within 10 m of any part of an entry point for an area referred to in paragraph (a) if the entry point leads directly to such a licensed area and not to an unlicensed area within the same premises; or\n\t(c)\tthat is at or within 10 m of any part of an entry point to a place that—\n\t(i)\tis used solely for residential purposes; or\n\t(ii)\tis used partly for residential purposes and partly for other purposes if the entry point is used solely for entry to or exit from that part of the place that is used for residential purposes.\nExamples—\nIf an outdoor area that forms part of licensed premises under the Liquor Licensing Act 1997 also lies within 10 m of an entry point to some other enclosed public place, workplace or shared area, the ban in subregulation (1) will not apply to that licensed outdoor area.\nIf a person is within 10 m of an entry point to residential premises and also within 10 m of an entry point to other premises that are an enclosed public place, workplace or shared area, the ban in subregulation (1) will not apply to the person.\n\t(3)\tIn this regulation—\nentry point means an entrance to or exit from a place.\n22—No smoking at major events venue\nFor the purposes of section 52 of the Act, smoking is banned in all public areas within a major event venue within the meaning of the Major Events Act 2013.\n23—No smoking at or in vicinity of swimming facility, jetty or certain areas of beach\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in all public areas—\n\t(a)\tat an outdoor swimming facility; or\n\t(b)\tat, or within 5 m of any part of, a jetty; or\n\t(c)\twithin a sanded area of beach that is—\n\t(i)\tbetween red and yellow flags temporarily erected on behalf of Surf Life Saving South Australia Inc. or its affiliated surf life saving clubs marking the boundaries for safe swimming; or\n\t(ii)\twithin a 50 m radius of a red and yellow flag referred to in subparagraph (i).\n\t(2)\tIn this regulation—\noutdoor swimming facility means premises where an outdoor swimming pool is available for use.\n24—No smoking at underage sporting events\n\t(1)\tFor the purposes of section 52 of the Act, smoking is banned in all public areas at or within 10 m of a sporting venue at all times during which—\n\t(a)\tan organised underage sporting event is being conducted; or\n\t(b)\ta training or practice session to prepare for participation in an organised underage sporting event is being conducted.\n\t(2)\tIn this regulation—\norganised underage sporting event means a sporting event that—\n\t(a)\tis planned in advance; and\n\t(b)\tis organised or intended for, or predominantly participated in by, persons under the age of 18 years; and\n\t(c)\tis conducted according to established rules by a professional or amateur sporting body or by an educational institution; and\n\t(d)\tmay be a one‑off event or part of a series of events;\nsporting event means a match, game, tournament or other event that involves the playing of, or participation in, sport;\nsporting venue includes any part of a public place at which a sporting event occurs, and includes—\n\t(a)\ta playing field;\n\t(b)\ta track;\n\t(c)\tan arena;\n\t(d)\ta court or rink;\n\t(e)\tany permanent or temporarily erected seating at the venue;\n\t(f)\tany seating, marshalling area, warm‑up area, podium or other part of the venue reserved for the use of participants in the sporting event.\nPart 5—Seizure of material or things\n25—Seized property and forfeiture\n\t(1)\tFor the purposes of section 69 of the Act, any material or thing seized by an authorised officer under the Act (seized property) must be dealt with in accordance with this Part.\n\t(2)\tSubject to this regulation, seized property must be held pending proceedings for an offence against the Act relating to the property.\n\t(3)\tIf seized property—\n\t(a)\tis a tobacco product, e‑cigarette product or a prohibited product; or\n\t(b)\tis, in the opinion of the Minister, likely to constitute a danger if stored pending proceedings for an offence against the Act relating to the property,\nthe Minister may direct that the property be destroyed, whether or not a person has been, or is to be, charged with an offence in relation to it.\n\t(4)\tProperty referred to in subregulation (3) may be destroyed at the place at which it was seized or at any other suitable place.\n\t(5)\tIf a charge is laid, or is to be laid, for an offence in relation to property referred to in subregulation (3)(a), a representative sample of the property must be taken in accordance with regulation 26 and kept for evidentiary purposes.\n\t(6)\tIf a charge is laid, or is to be laid, for an offence in relation to property referred to in subregulation (3)(b), a sample of the property that provides a true representation of the nature of the property must be taken and kept for evidentiary purposes.\n\t(7)\tIf a person is convicted of an offence in relation to property destroyed in accordance with subregulation (3), the court may order the convicted person to pay the reasonable costs of storage and destruction of the property to the Minister (including, without limitation, the costs of the Minister, or a person acting at the direction of the Minister, collecting, transporting and dismantling the property as may reasonably be required for the purposes of destroying the property).\n\t(8)\tIf the Magistrates Court on application by the Minister, or any court hearing proceedings under the Act, finds that seized property—\n\t(a)\twas the subject of an offence against the Act; or\n\t(b)\tconsists of material or a thing used or intended for use for, or in connection with, an offence against the Act,\nthe court may make 1 or both of the following orders:\n\t(c)\tan order forfeiting the property to the Crown;\n\t(d)\tan order requiring the person from whom the property was seized to pay the reasonable costs incurred by the Minister in storing or otherwise dealing with the property.\n\t(9)\tThe Minister may, in relation to seized property—\n\t(a)\tif seized property is the subject of an order for forfeiture under this regulation—sell, destroy or otherwise dispose of the property as the Minister thinks fit; or\n\t(b)\tin any other case—return the seized property to the person from whom it was seized.\n\t(10)\tNo right of compensation arises out of any action taken by the Minister or an authorised officer under this regulation.\n26—Representative samples\n\t(1)\tFor the purposes of this Part, a sample of seized property taken as required under regulation 25(5) will constitute a representative sample if the sample comprises the following:\n\t(a)\tin the case of a category A product—\n\t(i)\tif the number of products seized does not exceed 999—the total number of products; and\n\t(ii)\tif the number of products seized exceeds 999 but does not exceed 10 000—not less than 1 000 products; and\n\t(iii)\tif the number of products seized exceeds 10 000 but does not exceed 100 000—not less than 5 000 products; and\n\t(iv)\tif the number of products seized exceeds 100 000—not less than 10 000 products;\n\t(b)\tin the case of a category B product—\n\t(i)\tif the number of products seized does not exceed 9—the total number of products; and\n\t(ii)\tif the number of products seized exceeds 9 but does not exceed 100—not less than 10 products; and\n\t(iii)\tif the number of products seized exceeds 100 but does not exceed 1 000—not less than 100 products; and\n\t(iv)\tif the number of products seized exceeds 1 000 but does not exceed 10 000—not less than 500 products; and\n\t(v)\tif the number of products exceeds 10 000—not less than 1 000 products;\n\t(c)\tin the case of a category C product—\n\t(i)\tif the weight of the product seized does not exceed 0.2 kg—the total amount of the product; and\n\t(ii)\tif the weight of the product seized exceeds 0.2 kg but does not exceed 2 kg—not less than 0.2 kg of the product; and\n\t(iii)\tif the weight of the product seized exceeds 2 kg but does not exceed 10 kg—not less than 2 kg of the product; and\n\t(iv)\tif the weight of the product seized exceeds 10 kg but does not exceed 50 kg—not less than 5 kg of the product; and\n\t(v)\tif the weight of the product seized exceeds 50 kg but does not exceed 200 kg—not less than 20 kg of the product; and\n\t(vi)\tif the weight of the product seized exceeds 200 kg—not less than 40 kg of the product;\n\t(d)\tin the case of a category D product—\n\t(i)\tif the amount of the product seized does not exceed 100 mL—the total amount seized; and\n\t(ii)\tif the amount of the product seized exceeds 100 mL but does not exceed 1 000 mL—not less than 100 mL of the product; and\n\t(iii)\tif the amount of the product seized exceeds 1 000 mL but does not exceed 10 000 mL—not less than 500 mL of the product; and\n\t(iv)\tif the amount of the product seized exceeds 10 000 mL—not less than 1 000 mL of the product;\n\t(e)\tin any other case—a sample of the property of a quantity that provides a true representation of the nature of the property.\n\t(2)\tIn this regulation—\ncategory A product means seized property that consists of—\n\t(a)\ta cigarette; or\n\t(b)\ta cigarette tube;\ncategory B product means seized property that consists of—\n\t(a)\ta cigar; or\n\t(b)\tan e‑cigarette; or\n\t(c)\tan e‑cigarette accessory;\ncategory C product means seized property that consists of—\n\t(a)\tcigarette or pipe tobacco; or\n\t(b)\tshisha tobacco; or\n\t(c)\ttobacco prepared for chewing or sucking; or\n\t(d)\tsnuff; or\n\t(e)\tany product (other than an e‑cigarette product) that does not contain tobacco but is designed for smoking;\ncategory D product means seized property that consists of a liquid for use in, or with, an e‑cigarette.\n\t(3)\tTo avoid doubt, if a category A product or a category B product is packaged with other products of the same kind, the number of products contained in the package (rather than the number of packages) is the number of products required to be taken for the purposes of this regulation.\n27—Analysis\n\t(1)\tThe Minister or an authorised officer may cause any substance seized by an authorised officer under Part 5 of the Act to be analysed by, or under the supervision of, an analyst.\n\t(2)\tAn analyst must, on the completion of an analysis under this regulation—\n\t(a)\tcertify in the prescribed form the results of the analysis; and\n\t(b)\tprovide the certificate of analysis to the person who initiated the analysis.\n\t(3)\tFor the purposes of subregulation (2)(a), a certification will be in the prescribed form if it—\n\t(a)\tcontains the full name and business address of the analyst; and\n\t(b)\tsets out the results of the analysis; and\n\t(c)\tis signed and dated by the analyst.\n28—Evidentiary provisions\n\t(1)\tFor the purposes of section 87(2)(h) of the Act, in any proceedings for an offence against the Act, an apparently genuine document purporting to be signed by an analyst and to certify that an analysis of a substance referred to in the certificate was carried out by, or under the supervision of, the analyst will, in the absence of proof to the contrary, be proof of any facts stated in the certificate—\n\t(a)\ttending to identify the substance analysed for the purposes of this Act; and\n\t(b)\tas to the weight, amount or quantity of the substance analysed; and\n\t(c)\trelating to the nature and results of the analysis.\n\t(2)\tFor the purposes of section 87(2)(h) of the Act, in any proceedings for an offence against the Act, an apparently genuine document purporting to be signed by the Minister and to certify that a person named in the certificate is an analyst will, in the absence of proof to the contrary, be proof of the matter certified.\n\t(3)\tFor the purposes of section 87(2)(h) of the Act, in any proceedings for an offence against the Act, an apparently genuine document purporting to be signed by the Minister and to certify that seized property is a tobacco product or an e-cigarette product will, in the absence of proof to the contrary, be proof of the matters so certified.\n\t(4)\tFor the purposes of section 87(2)(h) of the Act, in any proceedings for an offence against the Act, if a representative sample of a tobacco product, e‑cigarette product or prohibited product is taken under regulation 25(5), an apparently genuine document purporting to be signed by the Minister and to certify that a sample represents a specified quantity of the product is, in the absence of proof to the contrary, proof of the matter certified.\nPart 6—Miscellaneous\n29—Evidence of age\nFor the purposes of sections 39E(2)(a) and 70AB(1) of the Act, the following kinds of evidence are prescribed:\n\t(a)\ta current photographic driver's licence issued under the Motor Vehicles Act 1959 or under a corresponding law of another State or a Territory;\n\t(b)\ta current photographic Proof of Age card issued by the Registrar of Motor Vehicles or by a corresponding public authority of the Commonwealth or another State or a Territory;\n\t(c)\ta current passport issued by the Commonwealth or under the law of another country, bearing a photograph of the person and enabling the age of the person to be determined;\n\t(d)\ta current photographic Keypass identification card issued by—\n\t(i)\tif the card was issued before 23 November 2013—Alfa Omega Nominees Pty Ltd, trading as Commonwealth Key and Property Register; or\n\t(ii)\tif the card was issued on or after 23 November 2013—Australian Postal Corporation.\n30—Embargo notices—prescribed particulars\nFor the purposes of section 66B(4)(a) of the Act, an embargo notice must contain the following particulars:\n\t(a)\ta description of the thing to which the notice applies;\n\t(b)\teither the name of the person to whom the notice is to be given or a statement that the notice is to be affixed to the thing to which it applies;\n\t(c)\tthe name or identification number of the authorised officer who issued the notice;\n\t(d)\tthe date on which the notice was given or affixed (as the case may be).\n31—Register\nFor the purposes of section 73(2)(e) of the Act, the following details are prescribed:\n\t(a)\twhether a compliance notice has been given to the holder of the licence under section 69E of the Act and, if so, the date on which the notice was given;\n\t(b)\twhether a default notice has been given to the holder of the licence and, if so, the date on which the notice was given;\n\t(c)\twhether the Minister has taken disciplinary action against the holder of the licence under section 69G of the Act and, if so, the date on which the action was taken;\n\t(d)\tthe following details in relation to each closure order made in respect of premises from which the holder of a licence carries on business:\n\t(i)\twhether the closure order was an interim closure order or a long term closure order;\n\t(ii)\tthe date on which the order was made;\n\t(iii)\tthe duration of the order.\n32—Disclosure of information—prescribed kinds of person\nFor the purposes of section 78(2a)(e) of the Act, a person that provides and sells policies of insurance is prescribed.\nSchedule 1—Transitional provision\n1—Transitional provision\nPursuant to section 87(4)(a) of the Act, until 1 February 2025—\n\t(a)\tsection 37 of the Act does not apply to the sale of cigarettes or any other tobacco products by means of a vending machine; and\n\t(b)\tsection 39E(5a) of the Act does not apply to the sale or supply of an e‑cigarette product by a person authorised under any other Act or law to sell or supply e‑cigarette products.\nSchedule 2—Maps of declared public areas\nPart 1—Bowden Town Square declared public area (regulation 10)\n\nPart 2—The Parade Norwood declared public area (regulation 14)\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 these regulations (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.\nLegislation revoked by principal regulations\nThe Tobacco and E-Cigarette Products Regulations 2019 revoked the following:\nTobacco Products Regulations 2004\nTobacco Products (Smoking Bans in Public Areas—Longer Term) Regulations 2012\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2019\n8\nGazette 31.1.2019 p376 \n31.3.2019: r 2\n2021\n146\nGazette 30.9.2021 p3649\n1.10.2021: r 2\n2023\n93\nGazette 25.8.2023 p3121\n31.8.2023: r 2\n2023\n119\nGazette 7.12.2023 p4053\n1.3.2024 except r 4 insofar as it inserts r 20—7.12.2024: r 2\n2024\n98\nGazette 7.11.2024 p4116\n7.12.2024 immediately after r 4 of 119/2023 insofar as it inserts r 20: r 2\n2024\n110\nGazette 28.11.2024 p4301\n28.11.2024 except Pt 3—13.12.2024: r 2\n2025\n36\nGazette 5.6.2025 p1388\n5.6.2025: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.10.2021\nr 3\n\n\nr 3(1)\n\n\nproduct line\namended by 110/2024 r 3\n28.11.2024\nr 3A\ninserted by 146/2021 r 4\n1.10.2021\n\ndeleted by 110/2024 r 4\n28.11.2024\n\ninserted by 110/2024 r 13\n13.12.2024\nr 3B\ninserted by 93/2023 r 3\n31.8.2023\n\ndeleted by 110/2024 r 4\n28.11.2024\n\ninserted by 110/2024 r 13\n13.12.2024\nr 3BA\ninserted by 110/2024 r 13\n13.12.2024\nr 3C\ninserted by 93/2023 r 3\n31.8.2023\n\namended by 36/2025 r 3\n5.6.2025\nr 3D\ninserted by 36/2025 r 4\n5.6.2025\nPt 2\n\n\nDiv 1\nsubstituted by 110/2024 r 5\n28.11.2024\nDiv 1A\ninserted by 110/2024 r 5\n28.11.2024\nr 4A\namended by 36/2025 r 5\n5.6.2025\nDiv 2\n\n\nr 6\n\n\nr 6(1)\namended by 110/2024 r 6(1), (2)\n28.11.2024\nr 7\n\n\nheading\namended by 110/2024 r 7(1)\n28.11.2024\nr 7(1)\n(a)(iv)—(vi) deleted by 110/2024 r 7(2)\n28.11.2024\n\namended by 110/2024 r 7(3)—(9), (11), (12), (14)\n28.11.2024\n\n(j)(vi)(E) deleted by 110/2024 r 7(10)\n28.11.2024\n\n(k)(v)(F) deleted by 110/2024 r 7(13)\n28.11.2024\nrr 7(2) and (3)\ndeleted by 110/2024 r 7(15)\n28.11.2024\nr 8\ndeleted by 110/2024 r 8\n28.11.2024\nPt 3 before substitution by 110/2024 r 9\n\n\nr 9\n\n\nr 9(1)\namended by 119/2023 r 3\n1.3.2024\nPt 3\nsubstituted by 110/2024 r 9\n28.11.2024\nPt 4\n\n\nr 16\n\n\nr 16(1)\namended by 110/2024 r 10\n28.11.2024\nrr 17—19\ninserted by 119/2023 r 4\n1.3.2024\nr 20\ninserted by 119/2023 r 4\n7.12.2024\nr 20(1)\namended by 98/2024 r 3\n7.12.2024\nrr 21—24\ninserted by 119/2023 r 4\n1.3.2024\nPt 5\ninserted by 110/2024 r 14\n13.12.2024\nPt 6\ninserted by 110/2024 r 11\n28.11.2024\nr 31\ninserted by 110/2024 r 15\n13.12.2024\nr 32\ninserted by 36/2025 r 6\n5.6.2025\nSch 1\nsubstituted by 110/2024 r 12\n28.11.2024\nSch 3\nomitted under Legislation Revision and Publication Act 2002\n1.10.2021\nHistorical versions\n1.10.2021\n\n31.8.2023\n\n1.3.2024\n\n28.11.2024\n\n7.12.2024 (electronic only)\n\n13.12.2024\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original tobacco focus. The 2019 regulations replaced the Tobacco Products Regulations 2004 and the Tobacco Products (Smoking Bans in Public Areas—Longer Term) Regulations 2012. The current version includes extensive provisions for e-cigarette products (vaping) that were not in the original tobacco-only framework. Recent amendments in 2024-2025 have added wholesale licensing record-keeping requirements (regulations 3B, 3BA), commercial quantity thresholds for trafficking offences (3D), and expanded seizure and forfeiture procedures (Part 5). The smoking bans have also expanded from specific named locations to include aged care facilities (with delayed commencement until 2026) and broader entrance proximity bans."},"complexity_factors":["Extensive cross-referencing to the parent Tobacco and E-Cigarette Products Act 1997 (sections cited throughout)","Multiple defined terms in interpretation section (3) including technical definitions like 'product line', 'fruit or confectionary flavoured cigarette', 'capsule cigarette', and 'road'","Nested conditional logic in advertising exceptions (Regulation 7) with multiple sub-paragraphs and qualifying conditions","Geographic boundary descriptions using deposited plan numbers and metes and bounds descriptions (Regulations 10-14) requiring reference to Schedule 2 maps","Tiered penalty structures distinguishing between body corporate and individual offenders, and first vs subsequent offences","Complex sampling formulas for seized goods (Regulation 26) with four different product categories and graduated thresholds","Multiple commencement dates and transitional provisions (Schedule 1) with specific dates for different provisions","Frequent amendments evident from legislative history (multiple variations in 2021, 2023, 2024, 2025)"],"plain_english_summary":"This is South Australian law that sets detailed rules for tobacco and e-cigarette products. It covers:\n\n**Who it affects:**\n- Retailers and wholesalers of tobacco and vaping products\n- Business owners with outdoor dining areas\n- Operators of public venues (hospitals, schools, aged care, events)\n- Anyone who wants to smoke in public places in SA\n\n**What it does:**\n\n**For businesses selling these products:**\n- Sets strict limits on advertising — basically, you can only display your business name and a small plain sign saying \"tobacco products sold here\" in black text on white background\n- Bans ads for fruity or sweet-flavoured cigarettes (designed to appeal to young people)\n- Requires wholesalers to keep detailed records of every sale and purchase for at least a year\n- Sets specific sizes for price boards and tickets (maximum 1 square metre for specialist tobacconists, half that for others)\n- Defines who counts as a \"specialist tobacconist\" (80%+ of turnover from tobacco)\n\n**For smoking in public:**\n- Bans smoking in specific named areas: Bowden Town Square, Henley Square, Moseley Square Glenelg, The Parade Norwood, and during the Royal Adelaide Show\n- Bans smoking in all outdoor dining areas when food is being served\n- Bans smoking within 10 metres of schools, childcare centres, hospitals, residential aged care facilities (from December 2026), and building entrances\n- Bans smoking at swimming pools, jetties, patrolled beaches, and underage sporting events\n- Requires venue owners to put up \"no smoking\" signs or face fines up to $10,000\n\n**For enforcement:**\n- Sets rules for what happens when products are seized by authorities\n- Defines exactly how much of seized goods must be kept as evidence (ranging from all of it if under certain amounts, to specific minimum samples for larger seizures)\n- Allows dangerous seized products to be destroyed immediately\n- Sets thresholds for what counts as \"commercial quantities\" for trafficking offences (5,000 cigarettes or 5kg of tobacco for commercial; 25,000 cigarettes or 25kg for large commercial)\n\n**Why it matters:**\nThis law aims to reduce smoking rates, prevent young people from starting, and protect the public from secondhand smoke. It creates significant compliance burdens for businesses (detailed record-keeping, strict advertising rules) and extensive smoking bans in public spaces. The rules around vaping products have been added more recently as these products became popular."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have expanded materially beyond a narrow smoking‑control rulebook. Since their original form they have been extended to: include explicit coverage of e‑cigarette products (with separate possession and commercial quantity thresholds, reg 4A and 3D); add detailed wholesale record‑keeping and reporting obligations (reg 3B); broaden and specify many additional long‑term smoke‑free public areas and activity‑based bans (regs 15–24); and introduce a detailed seizure, sampling and evidentiary framework (Part 5, regs 25–28). Those additions increase regulatory reach (more product types, more public spaces), raise compliance and reporting burdens for wholesalers and retailers, and expand enforcement tools available to the Minister and authorised officers. Examples: reg 3D (commercial/large commercial quantities for e‑cigarette products), reg 3B (wholesale transaction records), regs 17–21 (education, early childhood, hospital, aged care, and entrance‑point bans), and Part 5 (seizure and sampling rules)."},"complexity_factors":["Large number of defined terms and product categories in regulation 3 (multiple specific categories: capsule cigarette, fruit or confectionary flavoured cigarette, product line, outdoor dining area, etc.)","Numerous cross‑references to the principal Act and to other Acts (eg. Controlled Substances Act 1984, Corporations Act 2001, Trade Marks Act 1995, Liquor Licensing Act 1997)","Multiple tiers of quantity thresholds (personal, commercial, large commercial) across tobacco and e‑cigarette products with differing units (pieces, grams, litres) — regs 3C, 3D, 4A","Detailed and prescriptive signage and advertising rules with nested exceptions and format requirements (regs 4, 6–9, 7(j), 7(k))","Varied penalty scales and expiation fees depending on the actor (individual, corporate), first or subsequent offence (eg. reg 16), and different offence types","Complex seizure, sampling and evidentiary regime with size‑based sampling rules across four product categories and prescribed certificate forms (regs 25–28, 26 tables)","Multiple declared public areas and nuanced geographic descriptions (Maps in Schedule 2; regs 10–14), plus time‑based and conditional bans (eg. outdoor dining while food is served; Royal Adelaide Show periods)","Several phased or deferred commencement and transitional provisions (Schedule 1; reg 20 commencement date for aged care ban) and a detailed amendment history indicating iterative scope expansion","Administrative discretion for the Minister (determinations for notice appearance, destruction of seized goods, register details) introducing non‑technical complexity"],"plain_english_summary":"**What these regulations do (mechanically)\n\n- Define terms and set detailed rules that implement the Tobacco and E‑Cigarette Products Act 1997 (South Australia). Key definitions include types of cigarettes (eg. capsule, fruit or confectionary flavoured), what counts as an outdoor dining area, and categories of seized products (regs 3, 8, 26).  \n- Set who is not a \"fit and proper person\" for licensing on the basis of specified convictions (reg 3A).  \n- Prescribe record‑keeping and annual return requirements for holders of wholesale licences, including the exact data to keep about purchases and sales (reg 3B) and the timing for lodging annual returns (reg 3BA).  \n- Specify numerical thresholds for personal possession, commercial and large commercial quantities of tobacco and e‑cigarette products (regs 3C, 3D, 4A).  \n- Prescribe the permitted form, size and content of notices, signs, price boards and price tickets used in retail premises that sell tobacco and e‑cigarette products (regs 4, 6, 7, 8, 9, 9A). These rules tightly limit text, font size, colours and allowable content (eg. bans on advertising fruit/confectionary flavoured or capsule cigarettes on price displays) (reg 7(j)(v)).  \n- Declare a set of public areas where smoking is banned (eg. Bowden Town Square, Henley Square, Moseley Square, Royal Adelaide Show areas) and create ongoing bans for categories of locations and activities: outdoor dining when food is offered, areas near early childhood, education, hospital and (from 7 Dec 2026) residential aged care premises, entry points to enclosed public places, major event venues, certain beaches, jetties, outdoor pools and under‑age sporting events (regs 10–24).  \n- Create offences and penalties for breaches (including increased penalties for repeat offences and for occupiers of outdoor dining areas where smoking occurs) and set expiation (on‑the‑spot) fees (eg. regs 16, 9).  \n- Set out how seized material is to be handled, when it may be destroyed, how representative samples should be taken, how substances may be analysed and what documentary certificates will prove in court proceedings (Parts 5, regs 25–28).  \n- Prescribe acceptable forms of proof of age for sales and certain enforcement actions (reg 29), the particulars required on embargo notices (reg 30), and what licence‑register information must be recorded (reg 31).  \n- Include transitional exceptions (for example, limited temporary exemptions for vending‑machine sales and certain authorised sellers of e‑cigarette products until a prescribed date) (Schedule 1).\n\nWho is affected\n\n- Retailers who sell tobacco and/or e‑cigarette products: restrictions on in‑store signs, price boards and tickets; limits on what may be advertised; obligations to display no‑smoking signs in certain premises; potential liability if smoking occurs in outdoor dining areas they operate (regs 6, 7, 9, 15, 16).  \n- Wholesalers: must keep and report detailed transactional records (reg 3B) and comply with prescribed annual return timing (reg 3BA).  \n- Manufacturers and distributors: directly affected by the advertising and packaging/possession rules and by seizure/forfeiture powers (Part 5).  \n- Occupiers or managers of public spaces (local councils, event organisers, licensed premises): must display authorised signage and ensure declared smoke‑free areas are respected (regs 9, 9A, 10–24). Occupiers of outdoor dining areas face specific penalties where smoking occurs on their premises (reg 16).  \n- Consumers and the public: behaviour is constrained in many public places (smoking bans close to entrances, at beaches/swimming areas, at under‑age sporting events and in specified public squares) and on what tobacco/e‑cigarette products can be held for sale (quantity thresholds in regs 3C, 3D, 4A).\n\nWhy it matters (purposes claimed and how they operate)\n\n- The regulations give detailed operational rules intended to reduce exposure to tobacco and e‑cigarette use in public places and to restrict promotion (Div 2, regs 5–7; Part 4). The instrument also aims to strengthen enforcement (seizure, sampling, analysis and evidentiary rules in Part 5). Those are the purposes the instrument asserts.\n\nAssessment of costs, incentives and trade‑offs\n\n- Compliance costs and who pays: retail businesses and wholesalers carry the direct compliance burden — costs of signage that meets the precise specifications, constrained point‑of‑sale displays, record‑keeping systems and staff time to comply with sale/age‑verification rules (regs 6–7, 29, 3B). Occupiers of outdoor dining areas risk fines and therefore may need monitoring or staffing to request patrons stop smoking (reg 16). The public sector (Minister, authorised officers) bears enforcement and inspection costs.  \n- Effects on private enterprise and competition: detailed limits on in‑store advertising and display (font sizes, white background, restricted content) compress the ways retailers can differentiate products by marketing; specialist tobacconists retain some broader options (definition and test at reg 7(4)), which concentrates more permissible display space in specialist outlets. Wholesale reporting (reg 3B) increases administrative friction for supply chain participants and creates information flows to the Minister that could affect market behaviour (eg. monitoring of buyers and quantities).  \n- Price and product effects: prohibitions on promotional wording and restrictions on advertising of certain flavored or capsule products may reduce the ability of suppliers to market specific product lines; this can affect demand and hence pricing and product mix.  \n- Behavioural incentives and substitution: by widening smoke‑free areas and reducing visibility of products, the rules are designed to reduce public smoking and impulsive purchases. The regulations also create incentives for sellers to shift sales channels or product mixes (eg. move customers to specialist tobacconists, change carton vs. single sales, or adjust stocking levels to stay below commercial quantity thresholds in regs 3D and 4A).  \n- Enforcement discretion and implementation risk: the Minister has discretion on certain matters (eg. determining colour/size for prescribed notices, directing destruction of seized property where it is a danger — regs 4, 25). Authorised officers are empowered to seize, sample and direct analysis (Part 5), and evidentiary certificates are given presumptive weight in prosecutions (reg 28), concentrating decision power in administrative and enforcement bodies. That creates operational risk around consistent enforcement and administrative burden on inspected entities.  \n- Opportunity costs and substitution effects: retailers may replace visible promotional activity with price or product‑mix adjustments not precluded by the regulations. Restrictions targeted at some flavours or capsule products (reg 7(j)(v)) may prompt product reformulation or rebranding to avoid classification.\n\nConcentrated benefits and diffuse costs\n\n- The regulations concentrate regulatory control and enforcement benefits to the administering agency (Minister/authorised officers) and to specialist tobacconists who retain relatively greater display latitude. Costs (compliance, potential loss of incidental retail sales) are borne across a large number of general retailers and wholesalers. Where the instrument prescribes detailed record keeping and reporting (reg 3B), those burdens will be heavier for large wholesalers with many transactions.\n\nWho decides and what behaviour changes\n\n- The Minister prescribes signage particulars, may direct destruction of seized goods and receives wholesale returns (regs 4, 25, 3B).  \n- Authorised officers can seize and embargo products and initiate laboratory analysis; courts may order forfeiture and costs (Part 5).  \n- Practical behaviour changes will include: restricted in‑store displays; removal of promotional language or imagery; new record‑keeping systems for wholesalers; occupiers of outdoor dining and other declared areas avoiding or preventing smoking on their premises; and reduced public smoking in declared smoke‑free areas.\n\nImplementation and compliance risks (brief)\n\n- Administrative burden on wholesalers and small retailers to meet precise sign, ticket and record formats.  \n- Enforcement discretion (Minister/authorised officers) makes consistent application important to avoid uncertainty for businesses.  \n- Transitional and delayed commencement provisions (eg. certain vending machine and e‑cigarette seller exceptions; residential aged care ban commencing 7 Dec 2026) create phased compliance timing that businesses must track (Schedule 1; reg 20)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page returned was an error page from the SA legislation website, not the regulation itself."},"complexity_factors":["No actual legislative text was retrievable — the source returned a 404-style 'Page Not Found' error","Complexity cannot be meaningfully assessed without content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"This South Australian regulation sets detailed rules for tobacco and e‑cigarette products—who can sell them, packaging and advertising limits, age checks, and where they can be used. It affects retailers, consumers, and health professionals by shaping legal sale, marketing, and use of vapes and tobacco; check the official site or legal advice for the current text."}},"importantCases":[],"_links":{"self":"/api/acts/tobacco-and-e-cigarette-products-regulations-2019","history":"/api/acts/tobacco-and-e-cigarette-products-regulations-2019/history","analysis":"/api/acts/tobacco-and-e-cigarette-products-regulations-2019/analysis","conflicts":"/api/acts/tobacco-and-e-cigarette-products-regulations-2019/conflicts","importantCases":"/api/acts/tobacco-and-e-cigarette-products-regulations-2019/important-cases","documents":"/api/acts/tobacco-and-e-cigarette-products-regulations-2019/documents"}}