{"id":"a-1927-14","name":"Tobacco and Other Smoking Products Act 1927","slug":"tobacco-and-other-smoking-products-act-1927","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"14 of 1927","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24373,"registerId":"act-a-1927-14-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"section","heading":"January 2026. It also includes any commencement, amendment, repeal or expiry affecting this","content":"5 January 2026. It also includes any commencement, amendment, repeal or expiry affecting this\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n3 Offences against Act—application of Criminal Code etc 3\n3A Meaning of smoking product 3\n3B Meaning of personal vaporiser and personal vaporiser related product 3\n3C Meaning of therapeutic vaping good and vaping good 4\n3D Meaning of prohibited smoking product 5\n4 Meaning of price ticket 6\n5 Meaning of sell 7\n6 Meaning of smoking advertisement 7\n7 Publication of name of manufacturer etc 7\n\nPage\ncontents 2 Tobacco and Other Smoking Products Act 1927\n8 Numbers of points of sale 9\n9 Location of smoking products 9\n10 Storage of smoking products at points of sale 10\n11 Other location and storage requirements by regulation 10\n14 Supply of smoking product to under 18 year olds 11\n15 Purchase of smoking products for use by under 18 year olds 13\n16 Prohibition on sale of smoking products by vending machine 13\n17 Tobacco for non-smoking purposes 14\n18 Food and toys resembling or promoting smoking products 14\n18A Declared smoking products 15\n18B Prohibition on sale or import of declared smoking product 16\n19 Sale of cigarettes 16\n20 Display of smoking products 16\n22 Prohibition on sale of prohibited smoking product 17\n23 Prohibited smoking advertising 18\n24 Removal of smoking advertisements 20\n25 Smoking product promotions 22\n25A Prohibition of smoking product sales contributing to customer reward\nscheme 23\n26 Smoking product giveaways 23\n27 Competitions that promote smoking products etc 24\n28 Prohibition of sponsorships 25\n31 Definitions—pt 6 27\n32 Authorised officers 27\n33 Exercise of powers by authorised officers who are police officers 28\n34 Identity cards 28\n35 Requirements before certain powers can be exercised 29\n\nPage\ncontents 3\n36 Direction to give name and address 30\n37 Powers of authorised officer to enter premises 31\n38 Obtaining consent to entry 32\n39 General powers on entry to premises 33\n40 Application for warrant 34\n41 Decision on application for warrant 35\n41A Warrant issued on remote application 36\n41B Announcement before entry under warrant 37\n41C Warrant etc to be given to occupier 37\n41D Occupier entitled to watch search etc 38\n41E Authorised officer may seize things at premises 38\n41F Owner etc may access seized things 39\n41G Person must not interfere with seized things 39\n41H Authorised officer must give receipt for seized things 40\n41I Return of seized things 40\n41J Order disallowing seizure 42\n41K Costs of disposal of forfeited things 43\n41L Damage etc to be minimised 44\n42 Compensation for exercise of enforcement powers 44\n42A Definitions—pt 6A 46\n42B What is a compliance test? 46\n42C Approval of compliance testing programs 47\n42D Approval of compliance testing procedures 48\n42E Carrying out of compliance testing 48\n42F Lawfulness of compliance testing 49\n42G Indemnification of authorised officers and purchase assistants 50\n\nPage\ncontents 4 Tobacco and Other Smoking Products Act 1927\n43 Definitions for pt 7 51\n44 Meaning of tobacco retailing 51\n45 Meaning of tobacco wholesaling 52\n46 Liability of employer for acts of employee 52\n47 Application for, and grant of, tobacco licence 53\n48 Conditions of tobacco licence 53\n49 Duration of tobacco licence 54\n49A No vending machines authorised 54\n50 Refusal to grant or renew tobacco licence 55\n51 Renewal of tobacco licence 56\n53 Register of tobacco licences 56\n54 Surrender and termination of tobacco licence 57\n55 Meaning of licensee—div 7.3 57\n56 Grounds for occupational discipline 57\n57 Application to ACAT for occupational discipline 58\n58 Orders for occupational discipline 58\n59 Failure to return tobacco licence 60\n60 Disqualification 61\n61 Selling smoking products without, or in contravention of, tobacco\nlicence 61\n62 Tobacco wholesaling—offences 62\n63 Tobacco retailing—offences 63\n64 Display of licence details 63\n65 Licensee stops carrying on business 64\n66 Endorsement on wholesale tobacco merchant’s invoices 64\n67 Retail tobacconist must obtain smoking products from licensed\nwholesaler 65\n68 Meaning of reviewable decision—div 7.5 66\n\nPage\ncontents 5\n69 Reviewable decision notices 66\n69A Applications for review 66\nDivision 7.6 Miscellaneous\n70 Determination of fees 66\n71 Recovery of unpaid fees from unlicensed people 67\n72 Acts and omissions of representatives 68\n73 Regulation-making power 69\nSchedule 1 Reviewable decisions 70\nDictionary 71\n1 About the endnotes 76\n2 Abbreviation key 76\n3 Legislation history 77\n4 Amendment history 84\n5 Earlier republications 105\n6 Renumbered provisions 107\n\nAn Act about tobacco and smoking products\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Tobacco and Other Smoking Products Act 1927.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘price ticket—see section 4.’ means\nthat the term ‘price ticket’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of\nnotes.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of smoking product","content":"3A Meaning of smoking product\nIn this Act:\nsmoking product means any of the following:\n(a) a tobacco product;\n(b) a herbal product;\n(c) a personal vaporiser or a personal vaporiser related product;\n(d) a vaping good other than a therapeutic vaping good.\n","sortOrder":5},{"sectionNumber":"3B","sectionType":"section","heading":"Meaning of personal vaporiser and personal vaporiser","content":"3B Meaning of personal vaporiser and personal vaporiser\nrelated product\npersonal vaporiser means—\n(a) a device that—\n(i) is made for the purpose or apparent purpose of delivering\na substance into a person’s body when the person inhales\nthrough the device; and\n(ii) has a cartridge or container to store a substance; or\n\n(b) a device prescribed by regulation.\npersonal vaporiser related product means a device or other product\nthat is—\n(a) made for the purpose or apparent purpose of being part of a\npersonal vaporiser; or\n(b) made for the purpose or apparent purpose of being used in\nconnection with a personal vaporiser; or\n(c) prescribed by regulation.\n(2) However, a personal vaporiser or a personal vaporiser related\nproduct does not include the following:\n(a) a device designed to be used to deliver oxygen into an\nindividual’s body;\n(b) a drug pipe;\n(c) a vaping good;\n(d) a device or other product prescribed by regulation.\ndrug pipe—see the Criminal Code, section 621A (2).\n","sortOrder":6},{"sectionNumber":"3C","sectionType":"section","heading":"Meaning of therapeutic vaping good and vaping good","content":"3C Meaning of therapeutic vaping good and vaping good\ntherapeutic vaping good means a vaping good supplied in a way that\nis consistent with the Therapeutic Goods Act 1989 (Cwlth).\nvaping good—see the Therapeutic Goods Act 1989 (Cwlth),\nsection 41P (1), definition of vaping goods.\n(2) However, a vaping good does not include the following:\n(a) a device designed to be used to deliver oxygen into an\nindividual’s body;\n\n(b) a drug pipe.\n(3) Despite subsections (1) and (2), a regulation may prescribe that a\ndevice or other product—\n(a) is a vaping good; or\n(b) is not a vaping good.\ndrug pipe—see the Criminal Code, section 621A (2).\n","sortOrder":7},{"sectionNumber":"3D","sectionType":"section","heading":"Meaning of prohibited smoking product","content":"3D Meaning of prohibited smoking product\nprohibited smoking product means—\n(a) a vaping good other than a therapeutic vaping good; or\n(b) a tobacco product that does not comply with—\n(i) a requirement under the Public Health (Tobacco and Other\nProducts) Act 2023 (Cwlth) relating to the packaging,\nnaming, appearance, physical features or content of a\ntobacco product; or\n(ii) a requirement under another law of the Commonwealth\nrelating to tobacco products that is prescribed by\nregulation; or\n(c) a smoking product prescribed by regulation.\n(2) A regulation may prescribe a smoking product as a prohibited\nsmoking product only if 1 or both of the following apply:\n(a) the product, or the smoke of the product, has a distinctive fruity,\nsweet or confectionary-like character;\n(b) the product, or the product’s package or packaging, may be\nattractive to children.\n\nsmoke includes vapour.\n","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of price ticket","content":"4 Meaning of price ticket\nprice ticket, for a product line, means a label that—\n(a) includes no information other than any or all of the following:\n(i) the name of the product line;\n(ii) a bar code or similar identifying code;\n(iii) the price of an item of the product line;\n(iv) the price of a carton of the product line; and\n(b) is not larger than 15cm2; and\n(c) contains only text; and\n(d) is in Times New Roman type, no character of which is more than\n12 points in size; and\n(e) otherwise complies with this Act.\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\ncarton means a package containing packages of a smoking product,\nor a package designed to contain packages of a smoking product, but\ndoes not include a package containing individually-wrapped cigars\n(unless the package contains a further package or packages of the\ncigars).\ntext includes a code mentioned in subsection (1) (a) (ii).\n\n5 Meaning of sell\nIn this Act:\nsell includes—\n(a) offer for sale; and\n(b) expose for sale; and\n(c) barter (or offer or expose for barter); and\n(d) exchange (or offer or expose for exchange); and\n(e) supply for value (or offer or expose for supply for value); and\n(f) supply for free (or offer or expose for supply for free), to gain or\nmaintain custom, or otherwise for commercial gain.\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of smoking advertisement","content":"6 Meaning of smoking advertisement\nsmoking advertisement means writing, sound or a picture, symbol,\nlight or other visible device, object or sign (or a combination of 2 or\nmore of these) that a reasonable person would consider publicises, or\notherwise promotes—\n(a) the purchase or use of a smoking product; or\n(b) a trademark or brand name, or part of a trademark or brand\nname, of a smoking product.\n(2) A smoking advertisement may be constituted by an incidental or\naccidental accompaniment to any other written, aural, pictorial,\nsymbolic or visible matter.\n","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Publication of name of manufacturer etc","content":"7 Publication of name of manufacturer etc\n(1) For this Act, the publication of the name of a manufacturer,\ndistributor or retailer of smoking products—\n(a) is not, of itself, a smoking advertisement; and\n\n(b) is not taken, of itself, to publicise or promote—\nproduct; or\n(ii) a trademark or brand name of a smoking product; or\nsmoking product in association with a smoking product.\n(2) However, the publication of the name of a manufacturer, distributor\nor retailer of smoking products in association with the publication of\nother material may be either or both of the following:\n(a) a smoking advertisement;\n(b) taken to be publicity or promotion as mentioned in\nsubsection (1) (b).\n\nPoints of sale Part 2\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Numbers of points of sale","content":"8 Numbers of points of sale\n(1) An occupier of a retail outlet on unlicensed premises commits an\noffence if the occupier provides more than 1 point of sale at the outlet.\n(2) An occupier of a retail outlet on licensed premises commits an\noffence if the occupier provides more than 5 points of sale at the\noutlet.\nlicensed premises means premises for which an on licence, a general\nlicence or a club licence is in force under the Liquor Act 2010.\nunlicensed premises means premises other than licensed premises.\n","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Location of smoking products","content":"9 Location of smoking products\n(1) A smoking product for sale at a retail or wholesale outlet must be\nlocated—\n(a) at a point of sale for the outlet; and\n(b) on the seller’s side of the point of sale, not less than 1m away\nfrom any part of the customer service area in relation to the point\nof sale.\n(2) A price ticket for a product line for sale (or usually available for sale)\nat a point of sale at a retail or wholesale outlet must be located not\nless than 1m away from any part of the customer service area in\nrelation to the point of sale.\n\n(3) An occupier of a retail or wholesale outlet commits an offence if the\noccupier contravenes subsection (1) or (2).\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Storage of smoking products at points of sale","content":"10 Storage of smoking products at points of sale\n(1) A smoking product at a point of sale for a retail or wholesale outlet\nmust be stored out of view of the outlet’s customers.\n(2) An occupier of a retail or wholesale outlet commits an offence if the\noccupier contravenes subsection (1).\n","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Other location and storage requirements by regulation","content":"11 Other location and storage requirements by regulation\nAn occupier of a retail or wholesale outlet must comply with any\nadditional requirements in relation to the location or storage of\nsmoking products that are prescribed by regulation.\n\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Supply of smoking product to under 18 year olds","content":"14 Supply of smoking product to under 18 year olds\n(a) sells a smoking product to a person who is under 18 years old;\nand\n(b) is reckless about whether the person to whom the smoking\nproduct is sold is under 18 years old.\nMaximum penalty: 200 penalty units.\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that—\n(a) immediately before the smoking product was sold to the person,\nthe defendant (or an employee or agent of the defendant) (the\nseller) asked the person to show the seller a document of\nidentification; and\n(b) the person showed the seller a document of identification; and\n(c) the seller had no reasonable grounds for believing that the\ndocument was not a genuine document of identification of the\nperson.\ns (2) (see Criminal Code, s 59).\n(3) A person commits an offence if the person uses someone else’s\ndocument of identification, or a forged document of identification, for\nthe purpose of obtaining a smoking product.\nMaximum penalty: 10 penalty units.\n\n(4) A person may refuse to sell a smoking product to someone else, or to\npermit someone else to obtain a smoking product, if—\n(a) the person is not satisfied that the other person is at least 18 years\nold; or\n(b) the person considers that the product is sought for use by a\nperson under 18 years old; or\n(c) the person considers that any identification shown by the other\nperson is not genuine, or has been tampered with.\n(5) Subsection (4) does not limit the circumstances in which a person\nmay refuse to sell a smoking product, or refuse to permit someone\nelse to obtain a smoking product.\n(6) In this section:\ndocument of identification, of a person, means—\n(a) a document that—\n(i) is—\n(A) an Australian driver licence or foreign driver licence;\nor\n(B) a proof of identity card issued under the\nLiquor Act 2010, section 210 (Proof of identity\ncards), or a corresponding document issued under the\nlaw of a State; or\n(C) a passport; and\n(ii) contains a photograph that could reasonably be taken to be\nthe person; and\n(iii) indicates that the person to whom the document was issued\nis at least 18 years old; or\n\n(b) any other document prescribed by regulation.\nNote A document may be in electronic form (see Legislation Act, dict, pt 1,\ndef document).\nforeign driver licence means a licence to drive a motor vehicle\n(however described) issued under the law of an external Territory or\na foreign country.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Purchase of smoking products for use by under 18 year","content":"15 Purchase of smoking products for use by under 18 year\nolds\nA person commits an offence if the person purchases a smoking\nproduct for use by a person under 18 years old.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Prohibition on sale of smoking products by vending","content":"16 Prohibition on sale of smoking products by vending\nmachine\n(a) the person places a vending machine on premises; and\n(b) the vending machine is used, or is available for use, by members\nof the public.\n(2) A person commits an offence if—\n(a) the person occupies premises where there is a vending machine;\nand\n(b) the vending machine is used, or is available for use, by members\nof the public.\n\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Tobacco for non-smoking purposes","content":"17 Tobacco for non-smoking purposes\nA person commits an offence if the person manufactures or sells a\ntobacco product that is not a product prepared for smoking.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Food and toys resembling or promoting smoking","content":"18 Food and toys resembling or promoting smoking\nproducts\n(a) sells or imports food or a toy; and\n(b) the food or toy, or its package or packaging, resembles—\n(i) a smoking product; or\n(ii) a smoking product package.\n(2) For subsection (1), food or a toy resembles a smoking product or a\nsmoking product package if a reasonable person would believe that\nthe resemblance exists, or is likely to exist.\n(a) sells or imports food or a toy; and\n(b) the food or toy, or its package or packaging, publicises or\notherwise promotes 1 or more of the following things:\n\n(4) For subsection (3), food or a toy, or its package or packaging,\npublicises or otherwise promotes a thing mentioned in\nsubsection (3) (b) if a reasonable person would believe that the food,\ntoy, package or packaging publicises or promotes, or is likely to\npublicise or promote, the thing.\n","sortOrder":20},{"sectionNumber":"18A","sectionType":"section","heading":"Declared smoking products","content":"18A Declared smoking products\n(1) The Minister may declare that food or a toy, or its package or\npackaging, is a declared smoking product.\n(2) The Minister must not make a declaration under subsection (1) unless\nsatisfied that the food or toy, or its package or packaging—\n(a) resembles a smoking product; or\n(b) resembles a smoking product package; or\n(c) may publicise or otherwise promote—\nproduct; or\nname, of a smoking product; or\n(3) A declaration is a notifiable instrument.\n\n","sortOrder":21},{"sectionNumber":"18B","sectionType":"section","heading":"Prohibition on sale or import of declared smoking","content":"18B Prohibition on sale or import of declared smoking\nproduct\n(1) A person commits an offence if the person sells or imports a declared\nsmoking product.\ndeclared smoking product—see section 18A (1).\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Sale of cigarettes","content":"19 Sale of cigarettes\n(1) A person commits an offence if the person sells cigarettes (including\ncigarettes made from a herbal product) in a quantity of less than 20.\n(2) A person commits an offence if the person sells cigarettes (including\ncigarettes made from a herbal product) in a package designed—\n(a) to hold less than 20 cigarettes; or\n(b) to be, or be readily able to be, divided into portions each of\nwhich contains less than 20 cigarettes.\n","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Display of smoking products","content":"20 Display of smoking products\nAn occupier of a retail or wholesale outlet commits an offence if the\noccupier displays to customers at the outlet a smoking product within,\nor adjacent to, the outlet.\n\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Prohibition on sale of prohibited smoking product","content":"22 Prohibition on sale of prohibited smoking product\n(1) A person commits an offence if the person sells a prohibited smoking\nproduct.\n\n","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Advertising, promotion and","content":"Part 4 Advertising, promotion and\nsponsorship\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Prohibited smoking advertising","content":"23 Prohibited smoking advertising\n(a) sells a film, videotape, DVD or other video recording, or an\naudio recording, that contains a smoking advertisement; and\n(b) is reckless about whether the film, videotape, DVD or other\nvideo recording, or audio recording, contains a smoking\nadvertisement.\n(a) distributes to the public any unsolicited document that contains\na smoking advertisement; and\n(b) is reckless about whether the document contains a smoking\nadvertisement.\nExamples—unsolicited documents—par (a)\n1 leaflet\n2 handbill\n(a) places, displays or broadcasts a smoking advertisement\n(including a smoking advertisement for a tobacco product at or\non a place where tobacco products are for sale); and\n(b) is reckless about whether the advertisement is visible or audible\nin or from a public place.\n\n(4) This section does not apply in relation to—\n(a) a smoking advertisement that is an accidental or incidental\naccompaniment to a film, videotape, DVD or other video\nrecording, or an audio recording; or\n(b) a single price ticket at a point of sale for each product line for\nsale (or usually available for sale) at the point of sale; or\n(c) a personal use advertisement; or\n(d) a smoking advertisement that is displayed at a point of sale if the\nadvertisement—\n(i) is to the effect that smoking products are offered for sale to\npeople who are 18 years old or older; and\n(ii) is the only smoking advertisement (other than a price ticket\nmentioned in paragraph (b)) displayed at the point of sale;\nand\n(iii) does not contain a trademark or brand name, or part of a\ntrademark or brand name, of a smoking product; and\n(iv) does not contain the name of a manufacturer or distributor\nof a smoking product; and\n(v) is not larger than A5 paper size (148mm x 210mm); or\n(e) a document ordinarily used in the course of business.\nmentioned in s (4) (see Criminal Code, s 58).\n(5) In this section:\npersonal use advertisement means the placement, display or\nbroadcast of a smoking advertisement, or of an object displaying a\nsmoking advertisement, in the course of the personal use of the\nadvertisement or object, unless the placement, display or broadcast—\n(a) is for a direct or indirect financial benefit; or\n\n(b) is undertaken in the course of a business that involves the sale\nof smoking products or the management of a retail outlet.\nExample—personal use\nThe wearing of a T-shirt displaying a smoking advertisement by a person who is\nnot paid to wear the T-shirt.\npublic place means a place to which the public or a section of the\npublic has access, whether—\n(a) by payment, membership of a body or otherwise; or\n(b) by entitlement or permission.\nExamples—public places\n1 business premises, including professional, trade and commercial premises and\nwholesale outlets\n2 a cinema or theatre\n3 a club, hotel or motel\n4 a community centre, hall or public library\n5 government premises\n6 a hostel or nursing home\n7 a place of worship\n8 a public transportation vehicle (including, a bus, taxi or boat)\n9 a restaurant or cafeteria\n10 a school, college or university\n11 a shopping centre, mall or plaza\n12 sporting or recreational premises.\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Removal of smoking advertisements","content":"24 Removal of smoking advertisements\n(1) If an authorised officer believes on reasonable grounds that a person\nhas contravened section 23 (3), the officer may give the person a\nwritten notice requiring the relevant smoking advertisement to be\nremoved, or obscured, in a specified way, within 3 days after the\nnotice is given.\n\n(2) A notice must include the following statements:\n(a) a statement to the effect that the person may be prosecuted for\nan offence against section 23 (3) (Prohibited smoking\nadvertising) if the notice is contravened;\n(b) a statement to the effect that the person may also be prosecuted\nfor an offence under subsection (3) for each day during any part\nof which the contravention continues.\n(3) A person commits an offence if the person contravenes a notice under\nsubsection (1).\nMaximum penalty (for each day): 5 penalty units.\nNote See the Legislation Act, s 193 (Continuing offences).\n(4) Conviction for an offence against subsection (3) in relation to a notice\nabout a contravention of section 23 (3) does not prevent conviction\nfor an offence against section 23 (3) in respect of the contravention.\n(5) Proceedings against a person for an offence against section 23 (3)—\n(a) must not be commenced unless a notice is given to the person\nunder subsection (1); and\n(b) must not be commenced until after the period specified in the\nnotice; and\n(c) must not be commenced if the relevant smoking advertisement\nis removed or obscured in accordance with that notice.\n(6) If a person is convicted of an offence against section 23 (3), the court,\nin addition to imposing any other penalty, may order that the relevant\nsmoking advertisement be removed, or obscured, by the Territory.\n(7) If a smoking advertisement is removed, or obscured, in accordance\nwith an order under subsection (6), the person convicted of the\nrelevant offence must pay the Territory the reasonable costs incurred\nin removing or obscuring the advertisement.\n\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Smoking product promotions","content":"25 Smoking product promotions\n(a) the person sells or distributes an object or entitlement; and\n(b) the object or entitlement promotes 1 or more of the following\nthings:\n(2) For subsection (1), an object or entitlement sold or distributed by a\nperson promotes a thing mentioned in subsection (1) (b) if a\nreasonable person would believe that the object or entitlement\npromotes, or is likely to promote, the thing.\n(3) In applying this section in relation to an object that is a sound\nrecording, a video recording or a computer storage device, a reference\nto the promotion of a thing is a reference to the promotion of the thing\nby aural or visible material that the object is reasonably capable of\nproducing, or of causing to be produced, in its normal use.\nentitlement means an entitlement to goods or services, or to a reduced\nprice for goods or services.\nobject does not include a smoking product.\n\n","sortOrder":29},{"sectionNumber":"25A","sectionType":"section","heading":"Prohibition of smoking product sales contributing to","content":"25A Prohibition of smoking product sales contributing to\ncustomer reward scheme\n(1) A person commits an offence, if in direct or indirect association with\nthe sale of a smoking product, the person provides, or offers to\nprovide, any of the following benefits:\n(a) a prize, gift or discount;\n(b) a voucher, ticket or other thing that allows a person access to a\nprize, gift or discount;\n(c) points or credit in a customer reward scheme that allows a\nperson to qualify for a thing mentioned in paragraph (a) or (b)\nby accumulating a number of points, or credit, in association\nwith purchases.\nExample—par (b)\ndiscount petrol vouchers offered by a supermarket chain\nExample—par (c)\na shopping rewards program offered by a group of participating businesses,\nmembers of which accumulate points by making purchases at those businesses, and\nredeem the points for rewards\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that it was not reasonably practicable to\nidentify that the sale of the smoking product was associated with the\nprovision of, or offer to provide, the benefit.\ns (2) (see Criminal Code, s 59).\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Smoking product giveaways","content":"26 Smoking product giveaways\n(a) the person supplies a smoking product for free; and\n\n(b) the supply promotes the sale of any smoking product for value.\n(2) For subsection (1), the supply by a person of a smoking product for\nfree promotes the sale of a smoking product for value if a reasonable\nperson would believe that the supply promotes, or is likely to\npromote, the sale.\npromote includes induce.\nsupply includes offer or expose.\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Competitions that promote smoking products etc","content":"27 Competitions that promote smoking products etc\n(a) conducts a competition; and\n(b) the competition promotes 1 or more of the following things:\n(2) For subsection (1), a competition conducted by a person promotes a\nthing mentioned in subsection (1) (b) if a reasonable person would\nbelieve that the competition promotes, or is likely to promote, the\nthing.\n(a) conducts a competition; and\n\n(b) the competition has a direct or indirect association with the sale\nor consumption of a smoking product, or of smoking products\ngenerally.\n(4) For subsection (3), a competition conducted by a person has a direct\nor indirect association with a thing mentioned in subsection (3) (b) if\na reasonable person would believe that the competition has, or would\nhave, a direct or indirect association with the thing.\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Prohibition of sponsorships","content":"28 Prohibition of sponsorships\n(a) the person promotes or agrees to promote, under a contract,\nagreement, undertaking or understanding, whether or not legally\nbinding—\n(i) a smoking product, or the use of a smoking product; or\nname, of a smoking product; or\nthe smoking product; and\n(b) the person does so in exchange for a sponsorship, gift, prize,\nscholarship or similar benefit given or agreed to be given by\nsomeone else.\n(2) A person commits an offence if—\n(a) the person gives or agrees to give, under a contract, agreement,\nundertaking or understanding, whether or not legally binding, a\nsponsorship, gift, prize, scholarship or similar benefit; and\n\n(b) the person does so in exchange for the promotion of, or an\nagreement to promote, a thing mentioned in subsection (1) (a).\n(3) This section does not apply in relation to a scholarship given, or\nagreed to be given, by a manufacturer or distributor of a smoking\nproduct to an employee, or a family member of an employee, of the\nmanufacturer or distributor.\nmentioned in s (3) (see Criminal Code, s 58).\nfamily member, of a person, means—\n(a) the person’s domestic partner; or\n(b) a parent, step-parent or grandparent of the person; or\n(c) a child, stepchild or grandchild of the person; or\n(d) a brother, sister, stepbrother or stepsister of the person.\n\nPreliminary Division 6.1\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Definitions—pt 6","content":"31 Definitions—pt 6\nconnected—an activity or thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, or is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person an authorised officer believes on reasonable grounds is\nan occupier of the premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nwarrant means a warrant issued under division 6.3.\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Authorised officers","content":"32 Authorised officers\n(1) The director-general may appoint a public servant as an authorised\nofficer.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) The following are also authorised officers:\n(a) the commissioner;\n\n(b) a public health officer under the Public Health Act 1997;\n(c) a police officer;\n(d) an investigator under the Fair Trading (Australian Consumer\nLaw) Act 1992.\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Exercise of powers by authorised officers who are police","content":"33 Exercise of powers by authorised officers who are police\nofficers\nThe powers conferred by this part on an authorised officer who is a\npolice officer are additional to the powers the officer may exercise in\ntheir capacity as a police officer.\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Identity cards","content":"34 Identity cards\n(1) The director-general must give an identity card to an authorised\nofficer appointed under section 32 (1).\n(2) The identity card must show—\n(a) the authorised officer’s name or a unique identification number;\nand\n(b) a statement that the person is an authorised officer; and\n(c) a recent photograph of the officer; and\n(d) the card’s date of issue and expiry; and\n(e) anything else prescribed by regulation.\n(3) A person must return their identity card to the director-general within\n7 days after the day the person stops being an authorised officer.\nMaximum penalty: 1 penalty unit.\n(5) Subsection (3) does not apply to a person if their identity card is—\n(a) lost or stolen; or\n\nPreliminary Division 6.1\n(b) destroyed by someone else.\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Requirements before certain powers can be exercised","content":"35 Requirements before certain powers can be exercised\n(1) This section applies to the exercise of any of the following powers by\nan authorised officer:\n(a) giving a direction under section 36 (1) (Direction to give name\nand address);\n(b) entering premises under section 37 (1) (b) or (c) (Powers of\nauthorised officer to enter premises);\n(c) giving a direction under section 39 (1) (e) (General powers on\nentry to premises).\n(2) Before exercising the power, the authorised officer must—\n(a) either—\n(i) show their identity card to the affected person; or\n(ii) if the authorised officer intends to exercise the power other\nthan in person—give the affected person other evidence of\nthe authorised officer’s identity; and\n(b) tell the affected person the reason for exercising the power; and\n(c) tell the affected person about—\n(i) for a direction under section 36 (1)—section 36 (3); or\n(ii) for a direction under section 39 (1) (e)—section 39 (2).\nExample—exercise of powers other than in person\nan authorised officer emails a person asking for consent to enter and search the\nperson’s premises using a remote-controlled surveillance device\n\n(3) The authorised officer must ensure the matters mentioned in\nsubsection (2) are communicated in a way that the authorised officer\nbelieves the affected person is likely to understand.\naffected person, in relation to the exercise of a power under this part,\nmeans—\n(a) the individual affected by the exercise of the power; or\n(b) if the person is not an individual—an employee, officer or agent\nof the person affected by the exercise of the power.\nidentity card means—\n(a) in relation to an authorised officer appointed under\nsection 32 (1)—the identity card given under section 34 (1); or\n(b) in relation to a public health officer under the Public Health\nAct 1997—the identity card issued to the officer under that Act;\nor\n(c) in relation to a police officer—evidence that they are a police\nofficer; or\n(d) in relation to an investigator under the Fair Trading (Australian\nConsumer Law) Act 1992—the identity card issued to the\ninvestigator under that Act.\n","sortOrder":38},{"sectionNumber":"Div 6","sectionType":"division","heading":"2 Powers to obtain information and","content":"Division 6.2 Powers to obtain information and\nenter premises\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Direction to give name and address","content":"36 Direction to give name and address\n(1) An authorised officer may direct a person to state the person’s name\nand home address if the authorised officer believes on reasonable\ngrounds that the person—\n(a) is involved in the commission of an offence against this Act; or\n\nPowers to obtain information and enter premises Division 6.2\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n(2) If the authorised officer believes on reasonable grounds that\ninformation given in response to a direction under subsection (1) is\nfalse or misleading, the authorised officer may direct the person to\nproduce evidence of the correctness of the information within a stated\nreasonable period.\n(3) A person must comply with a direction given to the person under this\nsection.\n(5) Subsection (3) does not apply to a person unless the authorised officer\ncomplies with section 35 (Requirements before certain powers can be\nexercised).\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Powers of authorised officer to enter premises","content":"37 Powers of authorised officer to enter premises\n(1) For this Act, an authorised officer may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any reasonable time, enter premises if the authorised officer\nbelieves on reasonable grounds that—\n(i) an offence against this Act is being, or is likely to be, or\nhas just been, committed on the premises; and\n\n(ii) the risk to a person, the environment or public health\nresulting from the offence is so serious and urgent that\nimmediate entry to the premises without the authority of a\nwarrant is necessary; or\n(d) enter premises with a warrant.\n(2) However, subsection (1) (a) and (c) do not authorise entry into a part\nof the premises that is being used only for residential purposes.\n(3) For the purpose of seeking consent to enter a building or other\nstructure on the premises, an authorised officer may, without the\noccupier’s consent, enter any land that forms part of the premises.\n(4) To remove any doubt, an authorised officer may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An authorised officer may enter the premises with 1 or more people\nwho, in the opinion of the authorised officer, have knowledge or skills\nthat could assist the authorised officer to carry out their functions.\n(6) An authorised officer may enter premises with necessary force, in\naccordance with a warrant.\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Obtaining consent to entry","content":"38 Obtaining consent to entry\n(1) For section 37 (1) (b), an authorised officer must—\n(a) before asking the occupier for consent—tell the occupier—\n(i) the purpose of the proposed entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised officer; and\n(iii) that anything found and seized under this part may be used\nas evidence in court; and\n(iv) that consent may be refused; and\n\nPowers to obtain information and enter premises Division 6.2\n(b) if the occupier consents to the entry—give the occupier a written\nrecord confirming—\n(i) the matters mentioned in paragraph (a); and\n(ii) that the occupier was told about those matters; and\n(iii) the time and date when the consent was given.\n(2) A court must find that the occupier did not consent if—\n(a) a question arises in a proceeding before the court about whether\nthe occupier consented to the authorised officer entering the\npremises under this part; and\n(b) a record mentioned in subsection (1) (b) is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"General powers on entry to premises","content":"39 General powers on entry to premises\n(1) An authorised officer who enters premises under this part may do 1 or\nmore of the following in relation to the premises or anything at the\npremises:\n(a) examine anything;\n(b) take a measurement or conduct a test;\n(c) take a sample;\n(d) take images, make audio or video recordings or any other kind\nof record;\n(e) if reasonably required for an authorised officer to exercise a\npower under this part, direct the occupier or anyone at the\npremises to do 1 or more of the following:\n(i) give information, a document or other thing (including\ninformation, a document or thing that is not at the\npremises);\n\n(ii) produce a document or other thing (including a document\nor other thing that is not at the premises);\n(iii) answer a question;\n(iv) give the authorised officer reasonable help to exercise a\npower under this part.\nNote The Legislation Act, s 170 and s 171 deal with the application of\nthe privilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a direction\ngiven under subsection (1) (e).\n(3) Subsection (2) does not apply in relation to a direction given to a\nperson under subsection (1) (e) unless the authorised officer complies\nwith section 35 (Requirements before certain powers can be\nexercised).\nmentioned in s (3) (see Criminal Code, s 58).\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Application for warrant","content":"40 Application for warrant\n(1) An authorised officer may apply to a magistrate for a warrant to enter\npremises and exercise the authorised officer’s powers under this part.\n(2) The application must—\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n(3) However, if the authorised officer considers it necessary because of\nurgent or other special circumstances, the authorised officer may—\n(a) prepare a written application stating the grounds on which the\nwarrant is sought; and\n\nWarrants Division 6.3\n(b) apply to the magistrate for the warrant other than in person\nbefore the written application is sworn.\n(4) The magistrate may refuse to consider an application under this\nsection until the authorised officer gives the magistrate all the\ninformation the magistrate requires about the application in the way\nthe magistrate requires.\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Decision on application for warrant","content":"41 Decision on application for warrant\n(1) If an application for a warrant is made under section 40, the\nmagistrate may issue the warrant only if satisfied there are reasonable\ngrounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(2) The warrant must include the following information:\n(a) a statement that an authorised officer may, with any necessary\nassistance or force, enter the premises and exercise the\nauthorised officer’s powers under this part;\n(b) details of the offence for which the warrant is issued;\n(c) the things that may be seized under the warrant;\n(d) the hours when the premises may be entered;\n(e) the date, within 14 days after the day of the warrant’s issue,\nwhen the warrant ends.\n\n","sortOrder":45},{"sectionNumber":"41A","sectionType":"section","heading":"Warrant issued on remote application","content":"41A Warrant issued on remote application\n(1) A magistrate may issue a warrant on application under section 40 (3)\nby—\n(a) if practicable—immediately giving a written copy of the warrant\nto the authorised officer; or\n(b) if not practicable—telling the authorised officer the following:\n(i) the information mentioned in section 41 (2);\n(ii) the date and time the warrant is issued.\n(2) If the magistrate issues a warrant under subsection (1) (b), the\nauthorised officer must complete a form of warrant (the warrant\nform) stating—\n(a) the magistrate’s name; and\n(b) the date and time the magistrate issued the warrant; and\n(c) the information mentioned in section 41 (2).\n(3) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised officer, authorises the entry and exercise\nof the authorised officer’s powers under this part.\n(4) The authorised officer must, as soon as reasonably practicable—\n(a) swear the application; and\n(b) give the magistrate—\n(i) the sworn application; and\n(ii) if the authorised officer completed a warrant form—\nthe warrant form.\n(5) On receiving the documents mentioned in subsection (4) (b), the\nmagistrate must attach them to the warrant.\n\nWarrants Division 6.3\n(6) A court must find that a power exercised by an authorised officer was\nnot authorised by a warrant under this section if—\n(a) a question arises in a proceeding before the court about whether\nthe exercise of the power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of the power was authorised by\na warrant under this section.\n","sortOrder":46},{"sectionNumber":"41B","sectionType":"section","heading":"Announcement before entry under warrant","content":"41B Announcement before entry under warrant\n(1) Before anyone enters premises under a warrant, an authorised officer\nmust—\n(a) announce that they are authorised to enter the premises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier is present at the premises—identify themselves\nto the occupier.\n(2) The authorised officer is not required to comply with subsection (1)\nif they believe on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including themselves or any person\nassisting them); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":47},{"sectionNumber":"41C","sectionType":"section","heading":"Warrant etc to be given to occupier","content":"41C Warrant etc to be given to occupier\nIf the occupier of premises is present at the premises while a warrant\nis being executed, the authorised officer must give the occupier—\n(a) a copy of—\n(i) the warrant; or\n\n(ii) if section 41A (1) (b) applies—the warrant form mentioned\nin section 41A (2); and\n(b) a document setting out the occupier’s rights and obligations.\n","sortOrder":48},{"sectionNumber":"41D","sectionType":"section","heading":"Occupier entitled to watch search etc","content":"41D Occupier entitled to watch search etc\n(1) If the occupier of premises is present at the premises while a warrant\nis being executed, the occupier is entitled to watch the authorised\nofficer, and any person assisting the officer, conduct any search and\nexercise any other power authorised by the warrant.\n(2) However, the occupier is not entitled to watch the authorised officer\nor a person assisting the officer exercise the powers if—\n(a) to do so would interfere with the powers being exercised; or\n(b) the occupier is under arrest and allowing them to watch the\npowers being exercised would interfere with the objective of the\nwarrant.\n(3) This section does not prevent a person from exercising powers under\nthis part in 2 or more areas of the premises at the same time.\n","sortOrder":49},{"sectionNumber":"41E","sectionType":"section","heading":"Authorised officer may seize things at premises","content":"41E Authorised officer may seize things at premises\n(1) An authorised officer who enters premises under this part—\n(a) may seize anything at the premises if satisfied on reasonable\ngrounds that—\n(i) the thing is connected with an offence against this Act; and\n(ii) the seizure is necessary to prevent the thing from being—\n(A) concealed, lost or stolen; or\n(B) used to commit, continue or repeat the offence; and\n\n(b) if the premises were entered with the occupier’s consent—\nmay also seize anything at the premises if seizure of the thing is\nconsistent with the purpose of the entry told to the occupier\nwhen seeking the occupier’s consent; and\n(c) if the premises were entered under a warrant—may also seize\nanything at the premises that the authorised officer is authorised\nto seize under the warrant.\n(2) Having seized a thing, the authorised officer may—\n(a) remove the thing from the premises where it was seized to\nanother place; or\n(b) leave the thing at the premises where it is seized and restrict\naccess to it.\nNote If an authorised officer seizes a thing, the authorised officer must give a\nreceipt for it to the person from whom it was seized (see s 41H).\n(3) If access to a seized thing is restricted under subsection (2),\nthe authorised officer must secure, in a conspicuous place at the\npremises, a notice identifying that the thing is seized.\n","sortOrder":50},{"sectionNumber":"41F","sectionType":"section","heading":"Owner etc may access seized things","content":"41F Owner etc may access seized things\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this division may—\n(a) inspect the thing; and\n(b) make a visual recording of the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n","sortOrder":51},{"sectionNumber":"41G","sectionType":"section","heading":"Person must not interfere with seized things","content":"41G Person must not interfere with seized things\n(a) a thing has been seized under this division; and\n\n(b) the person interferes with the thing or anything containing the\nthing; and\n(c) the person does not have the approval of an authorised officer to\ninterfere with the thing.\n","sortOrder":52},{"sectionNumber":"41H","sectionType":"section","heading":"Authorised officer must give receipt for seized things","content":"41H Authorised officer must give receipt for seized things\n(1) If an authorised officer seizes a thing under this division, they must—\n(a) as soon as practicable after seizing the thing, give the person\nfrom whom the thing was seized a receipt for the thing; or\n(b) if complying with paragraph (a) is not practicable—secure a\nreceipt for the thing in a conspicuous place at the premises where\nthe thing was seized.\n(2) A receipt must include the following information:\n(a) a description of the thing seized;\n(b) the reason the thing was seized;\n(c) the authorised officer’s name and how they can be contacted;\n(d) if the thing is moved from the premises where it was seized—\nwhere the thing will be taken.\n","sortOrder":53},{"sectionNumber":"41I","sectionType":"section","heading":"Return of seized things","content":"41I Return of seized things\n(1) If a thing is seized under this division—\n(a) the thing must be returned to its owner; or\n(b) reasonable compensation must be paid to the owner by the\nTerritory for the loss of the thing.\n\n(2) However, the thing is not required to be returned and reasonable\ncompensation is not required to be paid if—\n(a) both of the following apply:\n(i) a prosecution for an offence connected with the thing\n(a relevant offence) is started against the owner within the\n1-year period;\n(ii) the proceeding (including any appeal) is finalised and the\nowner is convicted or found guilty of the offence; or\n(b) an infringement notice for a relevant offence is served on the\nowner within the 1-year period and—\n(i) the owner gives notice disputing liability for the offence in\naccordance with the Magistrates Court Act 1930,\nsection 132; and\n(ii) an information is laid in the Magistrates Court against the\nowner within 60 days after the day the notice is given; and\n(iii) the proceeding (including any appeal) is finalised and the\nowner is convicted or found guilty of the offence; or\n(c) an infringement notice for a relevant offence is served on the\nowner within the 1-year period and—\n(i) the infringement notice penalty for the offence is paid; and\n(ii) the infringement notice is not withdrawn; or\n(d) possession of the thing by the owner would be an offence; or\n(e) a court makes an order under a territory law that the thing is\nforfeited to the Territory or must otherwise be dealt with.\n\n(3) Also, the thing is not required to be returned and reasonable\ncompensation is not required to be paid if the director-general is\nsatisfied that—\n(a) the owner of the thing cannot be found after making reasonable\ninquiries (given the thing’s apparent value); or\n(b) the thing cannot be returned to its owner after making reasonable\nefforts (given the thing’s apparent value).\n(4) If subsection (2) (a) to (d) or subsection (3) applies—\n(a) the thing is forfeited to the Territory; and\n(b) the director-general may direct that the thing be sold, destroyed\nor otherwise disposed of.\n(5) In this section:\n1-year period, in relation to a seized thing, means a period of\n12 months beginning on the day after the day the thing was seized.\n","sortOrder":54},{"sectionNumber":"41J","sectionType":"section","heading":"Order disallowing seizure","content":"41J Order disallowing seizure\n(1) If a thing is seized under this division, a person claiming to be entitled\nto the thing may apply to the Magistrates Court for an order\ndisallowing the seizure.\n(2) The application—\n(a) must be made not later than 10 days after the day the thing is\nseized; and\n(b) must not be heard unless the applicant has served a copy of the\napplication on the director-general.\n(3) The director-general is entitled to appear as a respondent at the\nhearing of the application.\n\n(4) The court must make an order disallowing the seizure if satisfied—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(5) The court may also make an order disallowing the seizure if satisfied\nthere are exceptional circumstances justifying the making of the\norder.\n(6) If the court makes an order disallowing the seizure, the court may\nmake 1 or more of the following ancillary orders:\n(a) an order directing the director-general to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the disallowed seizure—an order directing the\nTerritory to pay reasonable compensation;\n(c) an order about costs in relation to the application.\n","sortOrder":55},{"sectionNumber":"41K","sectionType":"section","heading":"Costs of disposal of forfeited things","content":"41K Costs of disposal of forfeited things\n(1) This section applies if—\n(a) a person is convicted or found guilty of an offence against this\nAct in relation to something forfeited to the Territory under this\ndivision; and\n(b) the thing is connected with an offence against this Act; and\n(c) the person was the owner of the thing immediately before its\nforfeiture.\n(2) Costs incurred by or on behalf of the Territory in relation to the lawful\ndisposal of the thing (including storage costs) are a debt owing to the\nTerritory by the person.\n\n","sortOrder":56},{"sectionNumber":"41L","sectionType":"section","heading":"Damage etc to be minimised","content":"41L Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised officer must take reasonable steps to ensure that they, and\nany person assisting them, cause as little inconvenience, detriment or\ndamage as possible.\n(2) If an authorised officer, or a person assisting them, damages anything\nin the exercise or purported exercise of a function under this part, the\nauthorised officer must give written notice of the details of the\ndamage to the person they believe on reasonable grounds is the owner\nof the thing.\n(3) If the damage occurs on premises entered under this part in the\nabsence of the occupier, the notice may be given by securing it in a\nconspicuous place at the premises.\n","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"42 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an authorised officer; or\n(b) a person assisting an authorised officer.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n\nMiscellaneous Division 6.5\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":58},{"sectionNumber":"42A","sectionType":"section","heading":"Definitions—pt 6A","content":"42A Definitions—pt 6A\napproved procedures means procedures approved under\nsection 42D (1) for carrying out an approved program of compliance\ntesting.\napproved program means a program of compliance testing approved\nunder section 42C (1).\nauthorised officer does not include a police officer.\ncompliance test—see section 42B.\nconduct—see the Criminal Code, section 13.\nengage in conduct—see the Criminal Code, section 13.\npurchase assistant—see section 42B (1) (a).\nyoung person means a child who is 15 years old or older.\n","sortOrder":59},{"sectionNumber":"42B","sectionType":"section","heading":"What is a compliance test?","content":"42B What is a compliance test?\n(1) A compliance test—\n(a) involves a young person (a purchase assistant), under the\nsupervision of an authorised officer, purchasing, or trying to\npurchase, smoking products from tobacco licence-holders; and\n(b) is carried out to obtain evidence that may lead to the prosecution\nof a person, or other action being taken against a person, for an\noffence against section 14 (Supply of smoking product to under\n18 year olds) in relation to a smoking product; and\nExample of other action\ndisciplinary action under division 7.3 against a tobacco licence-holder\n\nTobacco compliance testing Part 6A\n(c) may involve the purchase assistant and the authorised officer\nengaging in conduct that would, apart from section 42F\n(Lawfulness of compliance testing), be an offence against a\nterritory law.\ntobacco licence—see section 43.\ntobacco licence-holder means someone who holds a tobacco licence.\n","sortOrder":60},{"sectionNumber":"42C","sectionType":"section","heading":"Approval of compliance testing programs","content":"42C Approval of compliance testing programs\n(1) The Minister may approve a program of compliance testing.\n(2) However, the Minister must not approve a program of compliance\ntesting unless—\n(a) the Minister is satisfied that the program is necessary to deter\nthe sale of smoking products to children in the area where the\nprogram will operate; and\n(b) the program states the area where the program will operate and\nwhen the program begins and ends; and\n(c) the program is not longer than 3 months; and\n(d) the Minister has approved procedures under section 42D.\nExamples of considerations for par (a)\n1 evidence of sales to children in the area where the program will operate\n2 the success of other enforcement methods\n3 the results of previous compliance tests in the area where the program will\noperate\n4 the period since compliance testing was previously carried out in the area\nwhere the program will operate\n\n","sortOrder":61},{"sectionNumber":"42D","sectionType":"section","heading":"Approval of compliance testing procedures","content":"42D Approval of compliance testing procedures\n(1) The Minister may approve procedures for carrying out approved\nprograms of compliance testing.\n(2) The Minister must not approve procedures under subsection (1)\nunless satisfied that the procedures—\n(a) provide that, in carrying out a compliance test, a purchase\nassistant’s welfare is paramount; and\n(b) appropriately protect a purchase assistant’s health and safety;\nand\n(c) allow a purchase assistant to stop taking part in a compliance\ntest at any time during the test; and\n(d) ensure that, as far as practicable, a purchase assistant’s identity\nis protected during a compliance test; and\n(e) require a purchase assistant to be, as far as practicable,\nindistinguishable from other purchasers and to look like a young\nperson; and\n(f) require a purchase assistant not to lie to anyone about how old\nthe assistant is during a compliance test; and\n(g) only allow a compliance test to take place during normal\nbusiness hours or at any other time when the premises where the\ntest takes place is being used in relation to the seller’s normal\nbusiness; and\n(h) comply with anything else prescribed by regulation.\n(3) An approval under subsection (1) is a disallowable instrument.\n","sortOrder":62},{"sectionNumber":"42E","sectionType":"section","heading":"Carrying out of compliance testing","content":"42E Carrying out of compliance testing\n(1) An authorised officer may carry out a compliance test in accordance\nwith an approved program and the approved procedures.\n\nTobacco compliance testing Part 6A\n(2) An authorised officer may use a young person as a purchase assistant\nin a compliance test only if the young person, and at least 1 person\nwho has parental responsibility under the Children and Young People\nAct 2008, division 1.3.2 for the young person, have given informed\nconsent to the young person being a purchase assistant.\nNote If 2 or more people share parental responsibility for a child or young\nperson, any of them may discharge the responsibility (see Children and\nYoung People Act 2008, s 18 (2)).\n(3) Each consent under subsection (2) must be in writing.\ninformed consent, by a person, means consent given by the person\nafter the following matters have been explained to the person:\n(a) a purchase assistant’s role in a compliance test, including the\nassistant’s role in any prosecution of a person for an offence\nagainst section 14 (Supply of smoking product to under 18 year\nolds);\n(b) the effect of section 42F and section 42G (Indemnification of\nauthorised officers and purchase assistants);\n(c) anything else required by the approved procedures.\n","sortOrder":63},{"sectionNumber":"42F","sectionType":"section","heading":"Lawfulness of compliance testing","content":"42F Lawfulness of compliance testing\n(1) Despite any other territory law, conduct engaged in honestly by an\nauthorised officer is not unlawful, and is not an offence by the officer,\nif the conduct is engaged in for the purpose of carrying out a\ncompliance test in accordance with an approved program and the\napproved procedures.\n(2) Despite any other territory law, conduct engaged in honestly by a\npurchase assistant is not unlawful, and is not an offence by the\nassistant, if—\n(a) the conduct is engaged in for the purpose of carrying out a\ncompliance test; and\n\n(b) the assistant acts in accordance, or substantially in accordance,\nwith the instructions (if any) of an authorised officer supervising\nthe compliance test.\n(3) However, this section does not—\n(a) authorise a purchase assistant to enter or be in a place that it\nwould be otherwise unlawful for the assistant to enter or be in;\nor\n(b) prevent action being taken against an authorised officer under\nthe Public Sector Management Act 1994 in relation to a failure\nby the authorised officer or a purchase assistant to comply with\napproved procedures.\nExample for par (a)\na gaming area under the Gaming Machine Act 2004\n","sortOrder":64},{"sectionNumber":"42G","sectionType":"section","heading":"Indemnification of authorised officers and purchase","content":"42G Indemnification of authorised officers and purchase\nassistants\n(1) An authorised officer is not civilly liable for conduct engaged in for\nthe purpose of carrying out a compliance test in accordance with an\napproved program and the approved procedures.\n(2) A purchase assistant is not civilly liable for conduct engaged in for\nthe purpose of carrying out a compliance test if the assistant acts in\naccordance, or substantially in accordance, with the instructions of an\nauthorised officer for the test.\n(3) However, this section does not prevent action being taken against an\nauthorised officer under the Public Sector Management Act 1994 in\nrelation to a failure of the authorised officer or a purchase assistant to\ncomply with approved procedures.\n(4) Any liability that would, apart from this section, attach to an\nauthorised officer or purchase assistant attaches instead to the\nTerritory.\n\nInterpretation Division 7.1\n","sortOrder":65},{"sectionNumber":"43","sectionType":"section","heading":"Definitions for pt 7","content":"43 Definitions for pt 7\nlicensee means the holder for the time being of a tobacco licence.\nretail tobacconist’s licence means a retail tobacconist’s licence\ngranted under section 47.\ntobacco licence means a retail tobacconist’s licence or a wholesale\ntobacco merchant’s licence.\ntobacco retailing—see section 44.\ntobacco wholesaling—see section 45.\nwholesale tobacco merchant’s licence means a wholesale tobacco\nmerchant’s licence granted under section 47.\n","sortOrder":66},{"sectionNumber":"44","sectionType":"section","heading":"Meaning of tobacco retailing","content":"44 Meaning of tobacco retailing\n(1) In this part:\ntobacco retailing means the business of selling smoking products by\nretail.\n(2) For the definition of tobacco retailing, each of the following facts or\ncircumstances is immaterial:\n(a) that the smoking products are sold alone or in conjunction with\nany other merchandise;\n(b) that the business is carried on as part of, or in conjunction with,\nany other business.\n\n","sortOrder":67},{"sectionNumber":"45","sectionType":"section","heading":"Meaning of tobacco wholesaling","content":"45 Meaning of tobacco wholesaling\n(1) In this part:\ntobacco wholesaling means the business of selling smoking products\nfor the purpose of resale or wholesale, and includes any supply of\nsmoking products by way of wholesale to a person or premises within\nthe Territory.\n(2) For the definition of tobacco wholesaling, each of the following facts\nor circumstances is immaterial:\n(a) that the smoking products are sold alone or in conjunction with\nany other merchandise;\n(b) that the business is carried on as part of, or in conjunction with,\nany other business;\n(c) that any relevant contract is made outside the Territory or\ngoverned by a law other than a law of the Territory;\n(d) that the wholesaler is located or registered, or carries on business\n(wholly or in part), outside the Territory;\n(e) that the wholesaler, or another person, has transported the\nsmoking products from outside the Territory.\n","sortOrder":68},{"sectionNumber":"46","sectionType":"section","heading":"Liability of employer for acts of employee","content":"46 Liability of employer for acts of employee\nIn this part, if an employee of a person (the employer)—\n(a) sells smoking products; or\n(b) carries on the business of selling smoking products;\nin the course of their employment, the employer is taken to sell\nsmoking products or to carry on the business of selling smoking\nproducts (as the case may be), but the employee is not liable for an\noffence under this part by reason only of having done so.\n\nLicences Division 7.2\n","sortOrder":69},{"sectionNumber":"47","sectionType":"section","heading":"Application for, and grant of, tobacco licence","content":"47 Application for, and grant of, tobacco licence\n(1) A person may apply to the commissioner for a wholesale tobacco\nmerchant’s licence or a retail tobacconist’s licence.\n(2) The applicant must give the commissioner any additional information\nor documents that the commissioner, in writing, requires the applicant\nto give to decide the application or for the administration of this Act.\n(3) Subject to section 50, the commissioner must, if the applicant has\ncomplied with this Act, grant to the applicant the licence applied for.\n(4) A licence must state the premises that are to be used in relation to the\nbusiness in relation to which the licence is granted.\n(5) A licence operates as follows:\n(a) a wholesale tobacco merchant’s licence authorises the licensee\nto carry on tobacco wholesaling at the premises, or each of the\npremises, specified in the licence;\n(b) a retail tobacconist’s licence authorises the licensee to carry on\ntobacco retailing at the premises, or each of the premises,\nspecified in the licence.\n(6) If the holder or any of the holders of a tobacco licence asks the\ncommissioner in writing to amend the details of the premises stated\nin the licence, the commissioner must amend the details.\n(7) A licence cannot be transferred.\n","sortOrder":70},{"sectionNumber":"48","sectionType":"section","heading":"Conditions of tobacco licence","content":"48 Conditions of tobacco licence\n(1) The commissioner may specify, in a particular tobacco licence, any\nconditions to which the licence is subject.\n\n(2) In particular, the conditions may include, for a retail tobacconist’s\nlicence in respect of premises—\n(a) subject to section 8 (Numbers of points of sale), the maximum\nnumber of points of sale permitted on the premises; and\n(b) the permissible locations, on those premises, of the points of\nsale.\n(3) If section 50 (2) (b) applies in respect of an applicant, the\ncommissioner may, instead of refusing under that paragraph to grant\na tobacco licence to the applicant, issue the licence subject to the\ncondition that the applicant must undertake, within the specified time,\na specified approved training program in relation to the obligations\nunder this Act of a licensee.\n(4) The commissioner may, by notice in writing served on a licensee—\n(a) specify conditions or further conditions to which the licence is\nsubject; or\n(b) vary or cancel any conditions specified in the licence.\n","sortOrder":71},{"sectionNumber":"49","sectionType":"section","heading":"Duration of tobacco licence","content":"49 Duration of tobacco licence\n(1) A tobacco licence commences on the date specified in the licence as\nits commencement date.\n(2) Subject to this Act, a tobacco licence (including a renewed licence)\nremains in force until the end of 31 August next following the grant\nof the licence.\n","sortOrder":72},{"sectionNumber":"49A","sectionType":"section","heading":"No vending machines authorised","content":"49A No vending machines authorised\nThe commissioner must not grant or renew a tobacco licence that\nwould authorise the use of a vending machine for the sale of smoking\nproducts.\n\nLicences Division 7.2\n","sortOrder":73},{"sectionNumber":"50","sectionType":"section","heading":"Refusal to grant or renew tobacco licence","content":"50 Refusal to grant or renew tobacco licence\n(1) The commissioner must not grant or renew a tobacco licence if the\ncommissioner is satisfied, on reasonable grounds, that—\n(a) if the applicant holds another licence—the licence applied for\nwould authorise the sale of smoking products at premises while,\nunder a variation of the other licence under section 58 (2) (a),\nthe sale of smoking products at the premises has been\nprohibited.\n(b) the applicant holds another licence that is currently suspended\nunder section 58 (2) (b); or\n(c) the applicant is disqualified under section 58 from holding a\ntobacco licence (other than a disqualification relating to\nparticular premises); or\n(d) the licence would be a licence for particular premises and the\napplicant is disqualified under section 58 from holding a licence\nfor those premises.\n(2) The commissioner may refuse to grant or renew a tobacco licence to\nan applicant if the commissioner is satisfied, on reasonable grounds,\nthat—\n(a) the applicant does not sufficiently understand the obligations\nunder this Act of a licensee; or\n(b) within the period of 2 years immediately preceding the date\nwhen the application is made, 2 offences relating to the sale or\nsupply of smoking products to a person under the age of 18 have\nbeen found proved, in the Territory or elsewhere, in respect of\nthe applicant; or\n(c) the ACAT would have grounds, if the applicant already held a\nlicence, for cancelling the licence.\n\n(3) For subsection (2) (b), it is immaterial that a conviction was not\nrecorded against the applicant in respect of any offence mentioned in\nthe paragraph.\n(4) In subsections (1), (2) and (3), a reference to an applicant for a licence\nincludes—\n(a) if the applicant is a corporation—a reference to any director,\nsecretary or other officer of the corporation; and\n(b) in any case—a reference to any person who would be concerned\nin the direction, management or control of the business that\nwould use, or operate under, the licence.\n(5) If the commissioner refuses to grant or renew a tobacco licence under\nthis section, the commissioner must refund to the applicant any fee\npaid in relation to the application.\n","sortOrder":74},{"sectionNumber":"51","sectionType":"section","heading":"Renewal of tobacco licence","content":"51 Renewal of tobacco licence\n(1) Subject to section 50 and this section, the commissioner must renew\na current tobacco licence on the application of the licensee.\n(2) The licensee must give the commissioner any additional information\nor documents that the commissioner, in writing, requires the licensee\nto give to decide the application or for the administration of this Act.\n(3) The licensee must give the application, and any additional\ninformation or documents, to the commissioner at least 7 days before\nthe licence is to expire.\n(4) If the commissioner refuses to renew a tobacco licence, the\ncommissioner must refund any fee paid for a renewal.\n","sortOrder":75},{"sectionNumber":"53","sectionType":"section","heading":"Register of tobacco licences","content":"53 Register of tobacco licences\n(1) The commissioner must keep a register containing particulars of—\n(a) the name of each licensee; and\n(b) the number allotted to each licence; and\n\nOccupational discipline—licensees Division 7.3\n(c) the prescribed particulars (if any).\n(2) The commissioner must make the register available for public\ninspection at the office of the commissioner during the times when\nthe office is open to the public.\n","sortOrder":76},{"sectionNumber":"54","sectionType":"section","heading":"Surrender and termination of tobacco licence","content":"54 Surrender and termination of tobacco licence\n(1) A holder of a tobacco licence may, at any time, by notice in writing\nto the commissioner, surrender their licence, and the licence then\nceases to be in force.\n(2) A licence ceases to be in force if the amount of a fee for the grant or\nrenewal of the licence that is due and payable remains unpaid.\n","sortOrder":77},{"sectionNumber":"55","sectionType":"section","heading":"Meaning of licensee—div 7.3","content":"55 Meaning of licensee—div 7.3\nIn this division:\nlicensee means—\n(a) a licensee; or\n(b) a person who was, but is no longer, a licensee.\n","sortOrder":78},{"sectionNumber":"56","sectionType":"section","heading":"Grounds for occupational discipline","content":"56 Grounds for occupational discipline\nEach of the following is a ground for occupational discipline in\nrelation to a licensee:\n(a) the licensee has contravened or is contravening this Act;\n(b) the licensee has contravened or is contravening a condition of a\ntobacco licence held by the licensee;\n(c) a tobacco licence was granted to the person in error;\n\n(d) a tobacco licence was granted to the person in consequence of a\nfalse statement made, or misleading information given, by or on\nbehalf of the person;\n(e) the person who holds a tobacco licence has been convicted of an\noffence under this part;\n(f) if the licensee is an individual—\n(i) the licensee is convicted, or found guilty, in Australia of an\noffence punishable by imprisonment for at least 1 year; or\n(ii) the licensee is convicted, or found guilty, outside Australia\nof an offence that, if it had been committed in the ACT,\nwould be punishable by imprisonment for at least 1 year;\nor\n(iii) the licensee becomes bankrupt or personally insolvent;\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(g) if the licensee is a corporation—the licensee is being wound up.\n","sortOrder":79},{"sectionNumber":"57","sectionType":"section","heading":"Application to ACAT for occupational discipline","content":"57 Application to ACAT for occupational discipline\nIf the commissioner believes on reasonable grounds that a ground for\noccupational discipline exists in relation to a licensee, the\ncommissioner may apply to the ACAT for an occupational discipline\norder in relation to the licensee.\n","sortOrder":80},{"sectionNumber":"58","sectionType":"section","heading":"Orders for occupational discipline","content":"58 Orders for occupational discipline\n(1) This section applies if the ACAT may make an occupational\ndiscipline order in relation to a licensee.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when\nthe ACAT may make an order.\n\nOccupational discipline—licensees Division 7.3\n(2) In addition to any other occupational discipline order the ACAT may\nmake, the ACAT may make 1 or more of the following orders for\noccupational discipline in relation to the licensee:\n(a) direct the commissioner to vary a tobacco licence held by the\nperson with effect for a stated period of not longer than 5\nyears—\n(i) to impose more stringent requirements than otherwise\napply under this Act in relation to a point of sale, a price\nticket or smoking advertising on or adjacent to 1 or more\nof the premises stated in the licence; or\n(ii) to impose a condition prohibiting smoking advertising on\nor adjacent to 1 or more of the premises stated in the\nlicence; or\n(iii) to impose conditions relating to the sale of smoking\nproducts to people under 18 years old; or\n(iv) to impose a condition prohibiting the sale of smoking\nproducts at 1 or more of the premises stated in the licence;\n(b) if the ACAT suspends a licensee’s licence—suspend any other\ntobacco licence held by the licensee for a stated period of not\nlonger than 3 months;\n(c) if the ACAT cancels a licensee’s licence—disqualify the person\nfrom holding a tobacco licence, or from holding a tobacco\nlicence for stated premises, for a stated period of not longer than\n5 years.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other\noccupational discipline orders the ACAT may make.\n(3) If the only ground for occupational discipline in relation to a licensee\nis the ground under section 56 (c) (which is about a licence granted\nto a person in error), the ACAT must only cancel the licence to which\nthe section relates.\n\n(4) If a person is convicted of an offence against this Act for the 2nd time\nwithin 2 years (whether or not the convictions are for offences against\nthe same provision of this Act), the ACAT must—\n(a) cancel each tobacco licence held by the person; and\n(b) disqualify the person from holding a tobacco licence for 5 years\nafter notice of the cancellation is given to the person.\n","sortOrder":81},{"sectionNumber":"59","sectionType":"section","heading":"Failure to return tobacco licence","content":"59 Failure to return tobacco licence\n(1) A licensee commits an offence if—\n(a) the commissioner varies the licensee’s licence; and\n(b) the commissioner gives the licensee notice of the variation; and\n(c) the licensee does not return the licence to the commissioner\nwithin 14 days after the day the licensee is given the notice.\n(2) A licensee commits an offence if—\n(a) the ACAT suspends or cancels the licensee’s licence; and\n(b) the ACAT gives the licensee notice of the suspension or\ncancellation; and\n(c) the licensee does not return the licence to the commissioner\nwithin 14 days after the day the licensee is given the notice.\n\n","sortOrder":82},{"sectionNumber":"60","sectionType":"section","heading":"Disqualification","content":"60 Disqualification\n(a) is disqualified under division 7.3 (Disciplinary action) from\nholding a tobacco licence for a stated period; and\n(b) is involved in the direction, management or control of a tobacco\nretailing business during the period.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(a) is disqualified under division 7.3 from holding a tobacco licence\nfor particular premises for a stated period; and\n(b) is involved in the direction, management or control of a tobacco\nretailing business at the premises during the period.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n","sortOrder":83},{"sectionNumber":"61","sectionType":"section","heading":"Selling smoking products without, or in contravention of,","content":"61 Selling smoking products without, or in contravention of,\ntobacco licence\n(a) is not a licensee; and\n(b) sells a smoking product.\n(2) A licensee commits an offence if the licensee contravenes a condition\nof the licensee’s licence.\n(3) An offence against subsection (2) is a strict liability offence.\n\n","sortOrder":84},{"sectionNumber":"62","sectionType":"section","heading":"Tobacco wholesaling—offences","content":"62 Tobacco wholesaling—offences\n(a) carries on tobacco wholesaling; and\n(b) is not the holder of a wholesale tobacco merchant’s licence.\n(a) carries on tobacco wholesaling; and\n(b) sells smoking products to someone who is not a licensee.\n(3) It is a defence to a prosecution for an offence against subsection (2)\nif the defendant proves that—\n(a) under the contract of sale, the smoking products were to be\ndelivered by the seller to the buyer outside the ACT, and that no\npart of the smoking products has been delivered by the seller to\nthe buyer in the ACT; or\n(b) if the contract did not state that the smoking products were to be\ndelivered outside the ACT, the parties intended the smoking\nproducts to be delivered outside the ACT, and that no part of the\nsmoking products has been delivered by the seller to the buyer\nin the ACT; or\n(c) the defendant believed on reasonable grounds that the person to\nwhom the smoking product was sold was a licensee.\ns (3) (see Criminal Code, s 59).\n(4) A person commits an offence if the person—\n(a) is not the holder of a wholesale tobacco merchant’s licence; and\n\n(b) sells a smoking product to someone else for sale in a vending\nmachine.\n","sortOrder":85},{"sectionNumber":"63","sectionType":"section","heading":"Tobacco retailing—offences","content":"63 Tobacco retailing—offences\n(a) carries on tobacco retailing; and\n(b) is not the holder of a retail tobacconist’s licence.\n(2) The holder of a retail tobacconist’s licence commits an offence if—\n(a) the holder carries on the business of selling smoking products at\npremises; and\n(b) the premises are not stated in the licence as premises that are to\nbe used in relation to the business.\n(3) An offence against subsection (2) is a strict liability offence.\n","sortOrder":86},{"sectionNumber":"64","sectionType":"section","heading":"Display of licence details","content":"64 Display of licence details\n(1) The holder of a wholesale tobacco merchant’s licence commits an\noffence if the holder fails to display a licence details notice in a\nprominent place at each premises at which the holder carries on\nbusiness as the holder of the licence.\n(2) The holder of a retail tobacconist’s licence commits an offence if the\nholder—\n(a) carries on business as the holder of the licence at premises; and\n\n(b) fails to display a licence details notice at or in close proximity\nto the point of sale (or, if there is more than 1 point of sale, 1 of\nthe points of sale) at the premises.\nlicence details notice, in relation to the holder of a licence, means a\nnotice stating—\n(a) the holder’s name; and\n(b) the licence number.\n","sortOrder":87},{"sectionNumber":"65","sectionType":"section","heading":"Licensee stops carrying on business","content":"65 Licensee stops carrying on business\n(1) A licensee commits an offence if the licensee—\n(a) stops carrying on business under the licence; and\n(b) fails to tell the commissioner, in writing, that the licensee has\nstopped carrying on business under the licence as soon as\npracticable, but not later than 7 days, after the day the person\nstops carrying on business.\n","sortOrder":88},{"sectionNumber":"66","sectionType":"section","heading":"Endorsement on wholesale tobacco merchant’s invoices","content":"66 Endorsement on wholesale tobacco merchant’s invoices\n(1) The holder of a wholesale tobacco merchant’s licence commits an\noffence if—\n(a) the holder issues an invoice in relation to the sale of a smoking\nproduct; and\n\n(b) the invoice does not state, in upper case letters, ‘SOLD BY\nLICENSED ACT WHOLESALER’.\n(2) An offence against subsection (1) is a strict liability offence.\n(a) is not the holder of a wholesale tobacco merchant’s licence; and\n(b) issues an invoice in relation to the sale of a smoking product that\nindicates (expressly or impliedly) that the person holds the\nlicence.\n","sortOrder":89},{"sectionNumber":"67","sectionType":"section","heading":"Retail tobacconist must obtain smoking products from","content":"67 Retail tobacconist must obtain smoking products from\nlicensed wholesaler\n(1) The holder of a retail tobacconist’s licence commits an offence if the\nholder obtains a smoking product from someone who is not the holder\nof a wholesale tobacco merchant’s licence.\n(3) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that the defendant obtained the smoking\nproduct for a purpose other than retail sale.\ns (3) (see Criminal Code, s 59).\n\n","sortOrder":90},{"sectionNumber":"68","sectionType":"section","heading":"Meaning of reviewable decision—div 7.5","content":"68 Meaning of reviewable decision—div 7.5\nIn this division:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":91},{"sectionNumber":"69","sectionType":"section","heading":"Reviewable decision notices","content":"69 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":92},{"sectionNumber":"69A","sectionType":"section","heading":"Applications for review","content":"69A Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n","sortOrder":93},{"sectionNumber":"Div 7","sectionType":"division","heading":"6 Miscellaneous","content":"Division 7.6 Miscellaneous\n","sortOrder":94},{"sectionNumber":"70","sectionType":"section","heading":"Determination of fees","content":"70 Determination of fees\n(1) The Minister must determine—\n(a) the fee payable annually for the grant or renewal of a wholesale\ntobacco merchant’s licence; and\n(b) the fee payable annually for the grant or renewal of a retail\ntobacconist’s licence.\n\nMiscellaneous Division 7.6\n(2) The Minister may determine fees for this Act (including this part).\n(3) The Minister may determine the fee payable for a retail tobacconist’s\nlicence by reference to the number of premises, or points of sale,\nspecified in the licence.\n(4) A determination is a disallowable instrument.\n","sortOrder":95},{"sectionNumber":"71","sectionType":"section","heading":"Recovery of unpaid fees from unlicensed people","content":"71 Recovery of unpaid fees from unlicensed people\n(1) If a person was required by this part to hold a tobacco licence in\nrespect of any period, but did not do so, the person is liable to pay to\nthe commissioner an amount equal to the fee that would have been\npayable for the licence had they applied for or held the licence.\n(2) The commissioner may assess the amount of the fee as if the person\nhad applied for the licence, even though the commissioner may have\nmade or purported to have made such an assessment.\n(3) Notice of the assessment under this section must be served by the\ncommissioner on the person.\n(4) Any amount assessed under this section that is unpaid is a debt due to\nthe Territory.\n(5) Proceedings may not be commenced for the purpose of recovering an\namount assessed under this section until the expiration of 1 month\nafter service of notice of the assessment under subsection (3).\n(6) A certificate purporting to be signed by the commissioner and stating\nthat a specified amount is the amount assessed under this section in\nrespect of a specified person is evidence of the matters so certified.\n\n","sortOrder":96},{"sectionNumber":"72","sectionType":"section","heading":"Acts and omissions of representatives","content":"72 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n\nMiscellaneous Part 8\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":97},{"sectionNumber":"73","sectionType":"section","heading":"Regulation-making power","content":"73 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may prescribe the records a licensee or a person\ninvolved in the direction, management or control of a tobacco\nretailing or wholesaling business must keep in relation to the purchase\nor sale of smoking products.\n(3) A regulation may prescribe requirements that must be complied with\nin relation to the location or storage of smoking products.\n(4) The regulations may apply, adopt or incorporate, entirely or in part\nand with or without changes, a publication (including an Act or\nregulation of another jurisdiction), as in force at a stated time or from\ntime to time.\n(5) The regulations may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than 20\npenalty units for offences against the regulations.\n\n","sortOrder":98},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see div 7.5)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 48 (1) state conditions to\nwhich licence is\nsubject\nlicensee\n2 50 refuse to grant or\nrenew licence\napplicant for licence or\nrenewal\n3 51 refuse to renew licence applicant for renewal\n\n(see s 2)\nNote 1 The Legislation Act 2001 contains definitions and other provisions\nrelevant to this Act.\nNote 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following\nterms:\n• ACAT\n• Australian driver licence\n• bankrupt or personally insolvent\n• child\n• contravene\n• document\n• domestic partner (see s 169 (1))\n• exercise\n• external territory\n• found guilty (of an offence)\n• function\n• home address\n• occupational discipline order\n• police officer\n• public health officer\n• reviewable decision notice.\napproved procedures, for part 6A (Tobacco compliance testing)—see\napproved program, for part 6A (Tobacco compliance testing)—see\nauthorised officer—\n(a) means an authorised officer under section 32; but\n(b) for part 6A (Tobacco compliance testing)—see section 42A.\n\ncigar—\n(a) means a roll of cut tobacco for smoking that is enclosed in\ntobacco leaf or the leaf of another plant; and\n(b) includes any other smoking product prescribed as a cigar under\nthe regulations.\ncommissioner means the commissioner for fair trading.\ncompliance test, for part 6A (Tobacco compliance testing)—see\nsection 42B.\nconduct, for part 6A (Tobacco compliance testing)—see the Criminal\nCode, section 13.\nconnected, for part 6 (Enforcement)—see section 31.\nengage in conduct, for part 6A (Tobacco compliance testing)—see\nthe Criminal Code, section 13.\nfood includes confectionery.\nground for occupational discipline, for division 7.3 (Occupational\ndiscipline—licensees)—see section 56.\nherbal product—\n(a) means a product prepared for smoking that contains a herb or\nother plant matter; but\n(b) does not contain tobacco or a controlled drug within the meaning\nof the Criminal Code, chapter 6 (Serious drug offences).\nimmediate package, of a smoking product, means a package\ncontaining the product—\n(a) in the case of a smoking product other than cigars—not\nincluding a package containing a further package or packages of\nthe product; and\n\n(b) in the case of cigars—\n(i) including a package constituted by the individual wrapping\nof a cigar, and a package containing individually-wrapped\nor unwrapped cigars; but\n(ii) not including any other package containing a further\npackage or packages of cigars (whether wrapped or\nunwrapped).\nimport means import into the ACT for sale.\nlicensee—\n(a) for part 7 (Licences)—see section 43; and\n(b) for division 7.3 (Occupational discipline—licensees)—see\nsection 55.\noccupier, of premises—\n(a) for this Act generally—means a person having the management\nor control, or otherwise being in charge, of the premises; and\n(b) for part 6 (Enforcement)—see section 31.\noffence, for part 6 (Enforcement)—see section 31.\npersonal vaporiser—see section 3B.\npersonal vaporiser related product—see section 3B.\npoint of sale means a place, identified in accordance with the\nregulations (if any), where smoking products are sold within a retail\noutlet or wholesale outlet.\npremises includes a vehicle, vessel or aircraft, and a permanent or\ntemporary structure.\nprice ticket—see section 4.\nproduct line means a kind of smoking product distinguishable from\nother kinds by 1 or more of the following characteristics:\n(a) brand;\n\n(b) flavour (including menthol flavour);\n(c) nicotine or tar content;\n(d) the number of items in the immediate package in which it is sold;\n(e) for cigars—by the fact that the cigars of the type in question are\nsold individually (whether or not cigars of the same type are also\nsold, packaged in multiples, in a different product line).\nprohibited smoking product—see section 3D.\npurchase assistant, for part 6A (Tobacco compliance testing)—see\nsection 42B (1) (a).\nretail outlet means premises where smoking products are available\nfor sale by retail.\nretail tobacconist’s licence, for part 7 (Licences)—see section 43.\nreviewable decision, for division 7.5 (Notification and review of\ndecisions)—see section 68.\nsell—see section 5.\nsmoking advertisement—see section 6.\nsmoking product—see section 3A.\nsmoking product package means a package that—\n(a) is of a kind commonly used for smoking products; or\n(b) includes a symbol, design or words that indicate that the package\ncontains a smoking product, or a particular product line of a\nsmoking product.\ntherapeutic vaping good—see section 3C.\ntobacco licence, for part 7 (Licences)—see section 43.\ntobacco product means tobacco, or something containing tobacco,\nprepared for human consumption (including a cigarette or cigar).\ntobacco retailing, for part 7 (Licences)—see section 44.\n\ntobacco wholesaling, for part 7 (Licences)—see section 45.\nvaping good—see section 3C.\nvending machine means a machine or device from which smoking\nproducts can be obtained, including by 1 or more of the following:\n(a) electronic funds transfer;\n(b) inserting money, a token or another object.\nExample—other objects—par (b)\n1 credit card\n2 debit card\n3 key\nwarrant, for part 6 (Enforcement)—see section 31.\nwholesale outlet means premises where smoking products are\navailable for sale exclusively by wholesale.\nwholesale tobacco merchant’s licence, for part 7 (Licences)—see\nsection 43.\nyoung person, for part 6A (Tobacco compliance testing)—see\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Tobacco Ordinance\n","sortOrder":99},{"sectionNumber":"1927","sectionType":"section","heading":"No 14 (Cwlth).","content":"1927 No 14 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989\n(self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day). The Act was later renamed by the Smoke-\nFree Legislation Amendment Act 2016 A2016-20 (see amdt 1.3).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nTobacco and Other Smoking Products Act 1927 A1927-14\nnotified 23 June 1927\ncommenced 23 June 1927\nas amended by\nTobacco Ordinance 1936 Ord1936-10\nnotified 2 April 1936\ncommenced 2 April 1936\nTobacco Ordinance 1937 Ord1937-19\nnotified 16 December 1937\ncommenced 16 December 1937\nOrdinances Revision Ordinance 1937 Ord1937-27\nnotified 23 December 1937\ncommenced 23 December 1937\nTobacco Ordinance 1957 Ord1957-10\nnotified 31 October 1957\ncommenced 31 October 1957\n\nOrdinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19\nnotified 23 December 1966\ncommenced 23 December 1966\nLegislation after becoming Territory enactment\nTobacco (Amendment) Act 1990 A1990-39\nnotified 7 November 1990 (Gaz 1990 No S76)\ns 1, s 2 commenced 7 November 1990 (s 2 (1))\ns 5 (in pt) commenced 1 March 1991 (s 2 (2) and Gaz 1991 No S10)\nremainder commenced 1 January 1991 (s 2 (2) and Gaz 1990 No S94)\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\nTobacco (Amendment) Act 1993 A1993-98\nnotified 24 December 1993 (Gaz 1993 No S267)\ncommenced 24 December 1993 (s 2)\nPublic Health (Miscellaneous Provisions) Act 1997 A1997-70 sch 1\nnotified 9 October 1997 (Gaz 1997 No S300)\nss 1-3 commenced 9 October 1997 (s 2 (1))\nsch 1 commenced 13 August 1998 (s 2 (2), s 43 (1) and Gaz 1998\nNo S185)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nTobacco (Amendment) Act 1999 A1999-57\nnotified 10 November 1999 (Gaz 1999 No 45)\nss 1-3 and s 17 commenced 10 November 1999 (s 2 (1))\ns 13 commenced 10 November 2000 (s 2 (4))\nremainder commenced 10 May 2000 (s 2 (3) and IA s 10E)\nTobacco Amendment Act 2000 A2000-16\nnotified 20 April 2000 (Gaz 2000 No 16)\ns 1,s 2 commenced 20 April 2000 (s 2 (1))\ns 7 commenced 1 September 2000 (s 2 (2))\nremainder commenced 1 July 2000 (s 2 (3))\n\nSmoking Products Legislation Amendment Act 2000 A2000-53 pt 2\nand sch 1\nnotified 5 October 2000 (Gaz 2000 No 40)\ns 9, s 10 commenced 11 November 2000 (s 2 (2))\npt 2 remainder and sch 1 commenced 5 October 2000 (s 2 (1))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 383\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 383 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nTobacco Amendment Act 2001 A2001-68\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\nremainder commenced 17 September 2001 (s 2)\nLegislation Amendment Act 2002 A2002-11 pt 2.47\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.47 commenced 28 May 2002 (s 2 (1))\nStatute Law Amendment Act 2002 A2002-30 pt 3.82\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\namdt 3.906 taken to have commenced 5 October 2000 (s 2 (2))\npt 3.82 remainder commenced 17 September 2002 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.36, sch 2 pt 2.90\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.36, sch 2 pt 2.90 commenced 9 April 2004 (s 2 (1))\nTobacco (Vending Machine Ban) Amendment Act 2004 A2004-49 pt 2\nnotified LR 16 August 2004\ns 1, s 2 commenced 16 August 2004 (LA s 75 (1))\ns 14 commenced 17 August 2004 (s 2 (1))\npt 2 remainder commenced 1 September 2006 (s 2 (2))\n\nJustice and Community Safety Legislation Amendment Act 2005\nA2005-5 pt 15\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 15 commenced 6 March 2005 (s 2 (1) and see Criminal Code\n(Serious Drug Offences) Amendment Act 2004 A2004-56, s 2 and LA\ns 79)\nCasino Control Act 2006 A2006-2 sch 1 pt 1.6\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 May 2006 (s 2 and CN2006-6)\nTobacco (Compliance Testing) Amendment Act 2006 A2006-41\nnotified LR 24 October 2006\ns 1, s 2 commenced 24 October 2006 (LA s 75 (1))\nremainder commenced 25 October 2006 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.99\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.99 commenced 12 April 2007 (s 2 (1))\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 3 pt 3.20\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 3 pt 3.20 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.50\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.50 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.98\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.98 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nTobacco Amendment Act 2008 A2008-50\nnotified LR 15 September 2008\ns 1, s 2 commenced 15 September 2008 (LA s 75 (1))\ns 3 commenced 16 September 2008 (LA s 75AA)\nss 16-18, s 22 commenced 16 September 2008 (s 2 (1))\nremainder commenced 28 February 2009 (s 2 (2) and CN2009-1)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.75\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.75 commenced 17 December 2009 (s 2)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.22\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.22 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\nPublic Sector Management Amendment Act 2011 A2011-1 s 82\nnotified LR 23 February 2011\ns 1, s 2 commenced 23 February 2011 (LA s 75 (1))\ns 82 commenced 18 April 2011 (s 2 and CN2011-5)\nJustice and Community Safety Legislation Amendment Act 2011\nA2011-16 sch 1 pt 1.11\nnotified LR 17 May 2011\ns 1, s 2 commenced 17 May 2011 (LA s 75 (a))\nsch 1 pt 1.11 commenced 17 November 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.154\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.154 commenced 1 July 2011 (s 2 (1))\n\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 1 pt 1.7, sch 3\npt 3.52\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 1 pt 1.7, sch 3 pt 3.52 commenced 12 December 2011 (s 2)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.48\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.48 commenced 5 June 2012 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 17\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\npt 17 commenced 7 November 2014 (s 2)\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.22\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.22 commenced 3 June 2015 (s 2)\nJustice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.11\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\nsch 1 pt 1.11 commenced 29 August 2016 (s 2 and LA s 79)\nSmoke-Free Legislation Amendment Act 2016 A2016-20 pt 4\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\npt 4 commenced 1 August 2016 (s 2 and CN2016-13)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 12\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 12 commenced 2 October 2018 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.58\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.58 commenced 23 June 2021 (s 2 (1))\n\nHealth Legislation Amendment Act 2022 A2022-24 pt 3\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 3 commenced 10 December 2022 (s 2)\nTobacco and Other Smoking Products (Vaping Goods) Amendment\nAct 2025 A2025-8\nnotified LR 17 April 2025\ns 1, s 2 commenced 17 April 2025 (LA s 75 (1))\nremainder commenced 18 April 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.175\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.175 commenced 5 January 2026 (s 2 (8))\nTobacco and Other Smoking Products Amendment Act 2025\nA2025-36\nnotified LR 15 December 2025\ns 1, s 2 commenced 15 December 2025 (LA s 75 (1))\nremainder commenced 16 December 2025 (s 2)\n\nTitle\ntitle sub A2000-53 s 4\nPreliminary\npt 1 hdg (prev pt I) ins A1990-39\nName of Act\ns 1 sub A2000-53 amdt 1.1; A2016-20 s 26\ns 2 hdg sub A2000-53 amdt 1.2\ns 2 orig s 2 om Ord1957-10 s 2\nins A1990-39 s 5\nom A1993-44 sch 2\n(prev s 3) om Ord1957-10 s 2\nins A1990-39 s 5\nam A2000-53 amdt 1.3; A2001-44 amdt 1.4023\ndefs reloc to dict A2002-30 amdt 3.904\nsub A2002-30 amdt 3.905\nam A2008-50 s 4\ndef functions ins A1999-57 s 4\nam A2000-53 amdt 1.4\nom A2002-30 amdt 3.903\ndef group licence ins A1999-57 s 4\nom A2000-16 sch 3\ndef licence om Ord1957-10 s 2\ndef newspaper ins A1990-39 s 5\ndef shop ins Ord1936-10 s 2\ndef shopkeeper ins Ord1937-19 s 2\ndef smoking ins A1990-39 s 5\ndef the commission om Ord1957-10 s 2\ndef the schedule om Ord1957-10 s 2\ndef this Act ins A1999-57 s 4\nom A2001-44 amdt 1.4024\ndef tobacco advertisement ins A1990-39 s 5\nom A2000-53 s 5\n\ndef tobacco licence ins A1999-57 s 4\ndef tobacco retailing business ins A1999-57 s 4\nNotes\ns 2A ins A2002-30 amdt 3.905\nOffences against Act—application of Criminal Code etc\ns 2B ins A2004-49 s 5\nom A2008-50 s 5\nOffences against Act—application of Criminal Code etc\ns 3 hdg sub A2000-53 amdt 1.8\ns 3 (prev s 3A) ins A1999-57 s 5\nom A2008-50 s 6\nins A2008-50 s 5\nMeaning of smoking product\ns 3A ins A2016-20 s 27\nam A2025-8 s 5\nMeaning of personal vaporiser and personal vaporiser related product\ns 3B ins A2016-20 s 27\nsub A2025-8 s 6\nMeaning of therapeutic vaping good and vaping good\ns 3C ins A2025-8 s 6\nMeaning of prohibited smoking product\ns 3D ins A2025-8 s 6\nam A2025-36 s 4; pars renum R39 LA\nMeaning of price ticket\ns 4 hdg sub A2000-53 amdt 1.8\ns 4 (prev s 3B) ins A1999-57 s 5\nsub A2008-50 s 6\nam A2011-52 amdt 3.191\nMeaning of sell\ns 5 hdg sub A2000-53 amdt 1.8\ns 5 (prev s 3C) ins A1999-57 s 5\nMeaning of smoking advertisement\ns 6 hdg sub A2000-53 s 6, amdt 1.8\ns 6 (prev s 3D) ins A1999-57 s 5\nam A2000-53 s 6\n\nPublications of name of manufacturer etc\ns 7 hdg sub A2000-53 amdt 1.8\ns 7 (prev s 3E) ins A1999-57 s 5\nam A2000-53 amdt 1.74, amdt 1.76, amdt 1.77; A2008-50 s 7\nPoints of sale\npt 2 hdg (prev pt 1A hdg) ins A1999-57 s 5\nNumbers of points of sale\ns 8 (prev s 3F) ins A1999-57 s 5\nam A2000-53 amdts 1.74-1.77\nam A2010-43 amdt 1.69\nLocation of smoking products\ns 9 (prev s 3G) ins A1999-57 s 5\nam A2000-53 amdt 1.76, amdt 1.77\nStorage of smoking products at points of sale\ns 10 (prev s 3H) ins A1999-57 s 5\nam A2000-53 s 7, amdt 1.9, amdt 1.10\nOther location and storage requirements by regulation\ns 11 (prev s 3J) ins A1999-57 s 5\nLocation of display\ns 12 (prev s 3K) ins A1999-57 s 5\nam A2000-53 amdt 1.11, amdt 1.12, amdt 1.77; A2004-49 s 6\nom A2008-50 s 8\nSale of tobacco etc by shopkeeper\ns 12A ins Ord1937-19\nPrior notice of proposed disciplinary action\ns 12C ins A1999-57 s 18\n\nDisciplinary action\ns 12D ins A1999-57 s 18\nDisqualification\ns 12E ins A1999-57 s 18\nReview of decisions\ns 12T ins A1999-57 s 18\nNotification of decisions\ns 12U ins A1999-57 s 18\nOther display requirements by regulation\ns 13 orig s 13 om Ord1957-10\n(prev s 3L) ins A1999-57 s 5\nom A2008-50 s 8\nSupply of smoking products\npt 3 hdg (prev pt 2 hdg) ins A1990-39\nsub A2000-53 amdt 1.13\nSupply of smoking product to under 18 year olds\ns 14 hdg sub A2002-30 amdt 3.906\ns 14 orig s 14 sub Ord1936-10\nom A1998-54\n(prev s 4) sub Ord1936-10\nam Ord1937-19\nam A1998-54\nsub A1999-57 s 6\nam A2000-53 amdts 1.14-1.17, amdt 1.76; A2004-49 s 7;\nss renum R12 LA (see A2004-49 s 8); A2008-50 s 9,\namdt 1.1; A2010-43 amdt 1.70; A2016-7 amdt 1.24;\nA2018-33 s 114; A2025-8 amdt 2.5\n\nPurchase of smoking products for use by under 18 year olds\ns 15 hdg sub A2000-53 s 3 sch 1\ns 15 orig s 15 ins Ord1936-10\n(prev s 5) om Ord1936-10\nam A1998-54; A1999-57 s 7\nam A2000-53 amdt 1.18\nsub A2008-50 amdt 1.2\nProhibition on sale of smoking products by vending machine\ns 16 orig s 16 ins Ord1936-10\n(prev s 6) am Ord1936-10\nam A1998-54; A1999-57 s 8; A2000-16 s 8 sch 3\nam A2000-53 amdt 1.19, amdt 1.20; A2006-2 amdt 1.20\nsub A2004-49 s 9\nTobacco for non-smoking purposes\ns 17 hdg sub A2000-53 amdt 1.21\ns 17 orig s 17 ins Ord1936-10\n(prev s 7) om Ord1957-10\nam A1998-54; A1999-57 s 9\nam A2000-53 amdt 1.78\nsub A2008-50 amdt 1.3\nFood and toys resembling or promoting smoking products\ns 18 hdg sub A2000-53 amdt 1.21\ns 18 orig s 18 ins Ord1936-10\n(prev s 8) am Ord1936-10\nam A1998-54\nsub A1999-57 s 10\nam A2000-53 amdt 1.22, amdt 1.23, amdt 1.76, amdt 1.78\nsub A2008-50 amdt 1.3\nDeclared smoking products\ns 18A ins A2008-50 amdt 1.4\n\nProhibition on sale or import of declared smoking product\ns 18B ins A2008-50 amdt 1.4\nSale of cigarettes\ns 19 (prev s 9) am Ord1936-10\nam A1998-54; A1999-57 s 11\nam A2000-53 s 8, amdt 1.78\nDisplay of smoking products\ns 20 hdg sub A2000-53 amdt 1.24\ns 20 (prev s 9A) ins A1999-57 s 12\nam A2000-53 amdt 1.76, amdt 1.78\nProhibited smoking products\ns 21 (prev s 9B) ins A1999-57 s 13\nam A2000-53 s 9\nom A2025-8 s 7\nProhibition on sale of prohibited smoking product\ns 22 (prev s 9C) ins A1999-57\nam A2000-53 s 10\nsub A2001-68 s 5\nam A2004-49 s 10\nam A2025-8 s 8; A2025-36 s 5\nAdministrative review\npt 3C hdg ins A1999-57 s 18\nAdvertising, promotion and sponsorship\npt 4 hdg (prev pt 3 hdg) ins A1990-39\nsub A1999-57 s 14\n\nProhibited smoking advertising\ns 23 hdg sub A2000-53 amdt 1.24\ns 23 (prev s 10) am Ord1966-19\nsub A1990-39\nam A1993-98; A1998-54; A1999-57 s 15\nam A2000-53 amdt 1.25, amdt 1.26, amdts 1.74-1.78;\nA2001-44 amdts 1.4025-1.4027; A2004-49 s 11\nsub A2008-50 s 11\nam A2025-8 amdt 2.6\nRemoval of smoking advertisements\ns 24 hdg sub A2000-53 amdt 1.27\ns 24 (prev s 11) am Ord1936-10\nam A1993-98; A1997-70; A1999-57 s 16; A2000-16 s 8 sch 3\nam A2000-53 amdt 1.28, amdt 1.74, amdt 1.75; A2008-50\ns 12, amdt 1.5; A2012-21 amdt 3.184\nSmoking product promotions\ns 25 hdg sub A2000-53 amdt 1.29\ns 25 (prev s 11A) ins A1999-57 s 17\nam A2000-53 amdts 1.76-1.78\nsub A2008-50 s 13\nProhibition of smoking product sales contributing to customer reward\nscheme\ns 25A ins A2008-50 s 13\nam A2025-8 amdt 2.7\nSmoking product giveaways\ns 26 hdg sub A2000-53 amdt 1.29\ns 26 (prev s 11B) ins A1999-57 s 17\nam A2000-53 amdt 1.76, amdt 1.78\nsub A2008-50 amdt 1.6\nCompetitions that promote smoking products etc\ns 27 hdg sub A2000-53 amdt 1.29\ns 27 (prev s 11C) ins A1999-57 s 17\nam A2000-53 amdts 1.76-1.78\nsub A2008-50 amdt 1.6\n\nProhibition of sponsorships\ns 28 (prev s 12) om Ord1957-10\nam A1993-98; A1998-54\nam A2000-53 amdt 1.30, amdt 1.76, amdt 1.78; A2001-44\namdts 1.4028-1.4030\nsub A2008-50 s 14\nam A2025-8 amdt 2.8\nRegistrar and deputy registrars\npt 5 hdg (prev pt 3A hdg) ins A1999-57 s 18\nsub as pt 5 hdg A2000-16 s 8 sch 3\nRegistrar of tobacco\ns 29 (prev s 12A) ins A1999-57 s 18\nam A2000-53 amdt 1.31\nsub A2007-3 amdt 3.495\n(2)-(4) exp 12 April 2008 (s 29 (4) (LA s 88 declaration\nDeputy registrars of tobacco\ns 30 (prev s 12B) ins A1999-57 s 18\nam A2000-53 amdt 1.31\nsub A2007-3 amdt 3.495\n(3)-(5) exp 12 April 2008 (s 30 (5) (LA s 88 declaration\nEnforcement\npt 6 hdg (prev pt 3B hdg) ins A1999-57 s 18\nPreliminary\ndiv 6.1 hdg ins A2025-36 s 6\nDefinitions—pt 6\ns 31 (prev s 12F) ins A1999-57 s 18\nsub A2025-36 s 6\ndef connected sub A2025-36 s 6\ndef occupier sub A2025-36 s 6\n\ndef offence sub A2025-36 s 6\ndef warrant ins A2025-36 s 6\nAuthorised officers\ns 32 (prev s 12G) ins A1999-57 s 18\nam A2000-53 amdt 1.31, amdt 1.32\nsub A2007-3 amdt 3.496\n(3)-(5) exp 12 April 2008 (s 32 (5) (LA s 88 declaration\nam A2011-22 amdt 1.441; A2011-16 amdt 1.41, amdt 1.46\nExercise of powers by authorised officers who are police officers\ns 33 (prev s 12H) ins A1999-57 s 18\nam A2025-8 amdt 2.9\nIdentity cards\ns 34 (prev s 12J) ins A1999-57 s 18\nam A2000-53 amdt 1.33\nsub A2008-50 amdt 1.7\n(5)-(7) exp 28 February 2009 (s 34 (7) (LA s 88 declaration\nam A2011-22 amdt 1.441; A2011-16 amdt 1.42, amdt 1.43;\nss renum R28 LA\nRequirements before certain powers can be exercised\ns 35 (prev s 12K) ins A1999-57 s 18\nam A2000-53 amdt 1.77; A2025-8 amdt 2.9\nPowers to obtain information and enter premises\ndiv 6.2 hdg ins A2025-36 s 7\nDirection to give name and address\ns 36 (prev s 12L) ins A1999-57 s 18\nam A2012-21 amdt 3.184; A2025-8 amdt 2.9, amdt 2.10\nPowers of authorised officer to enter premises\ns 37 (prev s 12M) ins A1999-57 s 18\n\nam A2008-50 amdt 1.8; A2025-8 amdt 2.11\nObtaining consent to entry\ns 38 (prev s 12N) ins A1999-57 s 18\nam A2002-11 amdt 2.94, amdt 2.95; ss renum R6 LA\n(see A2002-11 amdt 2.96); A2025-8 amdt 2.11, amdt 2.12\nGeneral powers on entry to premises\ns 39 (prev s 12P) ins A1999-57 s 18\nam A2000-53 amdt 1.34\nsub A2008-50 amdt 1.9\nam A2009-49 amdt 3.192; A2025-8 amdt 2.13\nWarrants\ndiv 6.3 hdg ins A2025-36 s 7\nApplication for warrant\ns 40 (prev s 12Q) ins A1999-57 s 18\nam A2012-21 amdt 3.184\nDecision on application for warrant\ns 41 hdg sub A2004-15 amdt 2.189\ns 41 (prev s 12R) ins A1999-57 s 18\nam A2000-53 amdt 1.35, amdt 1.36; A2004-15 amdt 2.190,\namdt 2.191\nom A2008-50 amdt 1.10\nins A2025-36 s 7\nWarrant issued on remote application\ns 41A ins A2025-36 s 7\nAnnouncement before entry under warrant\ns 41B ins A2025-36 s 7\nWarrant etc to be given to occupier\ns 41C ins A2025-36 s 7\nOccupier entitled to watch search etc\ns 41D ins A2025-36 s 7\n\nPower to seize things\ndiv 6.4 hdg ins A2025-36 s 7\nAuthorised officer may seize things at premises\ns 41E ins A2025-36 s 7\nOwner etc may access seized things\ns 41F ins A2025-36 s 7\nPerson must not interfere with seized things\ns 41G ins A2025-36 s 7\nAuthorised officer must give receipt for seized things\ns 41H ins A2025-36 s 7\nReturn of seized things\ns 41I ins A2025-36 s 7\nOrder disallowing seizure\ns 41J ins A2025-36 s 7\nCosts of disposal of forfeited things\ns 41K ins A2025-36 s 7\ndiv 6.5 hdg ins A2025-36 s 7\nDamage etc to be minimised\ns 41L ins A2025-36 s 7\nCompensation for exercise of enforcement powers\ns 42 (prev s 12S) ins A1999-57 s 18\nam A2012-21 amdt 3.184\nTobacco compliance testing\npt 6A hdg ins A2006-41 s 4\nDefinitions—pt 6A\ns 42A ins A2006-41 s 4\ndef approved procedures ins A2006-41 s 4\ndef approved program ins A2006-41 s 4\ndef authorised officer ins A2006-41 s 4\ndef conduct ins A2006-41 s 4\ndef compliance test ins A2006-41 s 4\ndef engage in conduct ins A2006-41 s 4\ndef purchase assistant ins A2006-41 s 4\ndef young person ins A2006-41 s 4\n\nWhat is a compliance test?\ns 42B ins A2006-41 s 4\nam A2022-24 s 5, s 6\nApproval of compliance testing programs\ns 42C ins A2006-41 s 4\nam A2022-24 s 7\nApproval of compliance testing procedures\ns 42D ins A2006-41 s 4\nCarrying out of compliance testing\ns 42E ins A2006-41 s 4\nam A2008-20 amdt 3.44, amdt 3.45\nLawfulness of compliance testing\ns 42F ins A2006-41 s 4\nam A2011-1 s 82\nIndemnification of authorised officers and purchase assistants\ns 42G ins A2006-41 s 4\nam A2011-1 s 82\nAnnual report about compliance testing\ns 42H ins A2006-41 s 4\nom A2015-16 amdt 1.27\nLicences\npt 7 hdg ins A2000-16 s 4\nInterpretation\ndiv 7.1 hdg (prev pt 7 div 1 hdg) ins A2000-16 s 4\nsub A2000-53 amdt 1.37\nDefinitions for pt 7\ns 43 ins A2000-16 s 4\nsub A2000-53 amdt 1.38\ndef approved form om A2001-44 amdt 1.4031\ndef determined fee om A2001-44 amdt 1.4031\nMeaning of tobacco retailing\ns 44 orig s 44 ins A2000-16 s 4\nom A2000-53 s 3 sch 1\n(prev s 43A) ins A2000-53 amdt 1.38\nam A2004-49 s 12\nMeaning of tobacco wholesaling\ns 45 (prev s 43B) ins A2000-53 amdt 1.38\n\nLiability of employer for acts of employee\ns 46 (prev s 43C) ins A2000-53 amdt 1.38\nam A2025-8 amdt 2.13\nLicences\ndiv 7.2 hdg (prev pt 7 div 2 hdg) ins A2000-16 s 4\nsub A2000-53 amdt 1.39\nApplication for, and grant of, tobacco licence\ns 47 (prev s 45) ins A2000-16 s 4\nam A2001-44 amdts 1.4032-1.4036; ss renum R5 LA\n(see A2001-44 amdt 1.4037); A2011-16 amdt 1.46; A2021-12\namdt 3.171; A2025-29 amdt 4.177\nConditions of tobacco licence\ns 48 (prev s 46) ins A2000-16 s 4\nam A2000-53 amdt 1.40, amdt 1.14, amdt 1.77\nam A2008-50 s 15; A2011-16 amdt 1.46\nDuration of tobacco licence\ns 49 (prev s 47) ins A2000-16 s 4\nam A2000-53 amdt 1.42\nam A2008-50 s 16\nNo vending machines authorised\ns 49A ins A2004-49 s 13\nam A2008-50 s 17; A2011-16 amdt 1.46; A2022-24 s 8\n2005/2006 licences—no vending machines authorised\ns 49B ins A2004-49 s 14\nexp 1 September 2006 (s 49B (2))\nRefusal to grant or renew tobacco licence\ns 50 hdg (prev s 48 hdg) sub A2000-53 amdt 1.43\nrenum A2000-53 s 11\ns 50 (prev s 48) ins A2000-16 s 4\nam A2000-53 amdt 1.44-1.47\nam A2004-49 s 15; pars renum R12 LA (see A2004-49 s 16);\nA2008-36 amdt 1.633, amdt 1.634; A2011-16 amdt 1.46\n\nRenewal of tobacco licence\ns 51 (prev s 49) ins A2000-16 s 4\nam A2000-53 amdt 1.48\nam A2001-44 amdt 1.4038, amdt 1.4039; A2002-30\namdt 3.907; A2011-16 amdt 1.46; A2021-12 amdt 3.171;\nA2025-29 amdt 4.177\nRevival of expired retail tobacconist’s licences\ns 52 (prev s 50) ins A2000-16 s 4\nam A2002-30 amdt 3.907\nom A2008-50 s 18\nRegister of tobacco licences\ns 53 (prev s 51) ins A2000-16 s 4\nSurrender and termination of tobacco licence\ns 54 (prev s 52) ins A2000-16 s 4\nam A2011-16 amdt 1.46; A2025-8 amdt 2.13\nOccupational discipline—licensees\ndiv 7.3 hdg (prev pt 7 div 3 hdg) ins A2000-16 s 4\nsub A2000-53 amdt 1.49; A2008-36 amdt 1.635\nMeaning of licensee—div 7.3\ns 55 (prev s 53) ins A2000-16 s 4\nGrounds for occupational discipline\ns 56 (prev s 54) ins A2000-16 s 4\nam A2000-53 amdts 1.50-1.54\nam A2006-2 amdt 1.21; A2004-49 ss 17-19, s 21, s 22;\npars renum R12 LA (see A2004-49 s 20)\nam A2011-52 amdt 1.11\nApplication to ACAT for occupational discipline\ns 57 (prev s 55) ins A2000-16 s 4\n\nOrders for occupational discipline\ns 58 hdg (prev s 56 hdg) sub A2000-53 amdt 1.56\ns 58 (prev s 56) ins A2000-16 s 4\nom A2004-49 s 23\nins A2008-36 amdt 1.635\nam A2008-37 amdt 1.480; A2008-50 s 19; A2011-16\namdt 1.46; A2012-21 amdt 3.185, amdt 3.186\nOffences\ndiv 7.4 hdg (prev pt 7 div 4 hdg) ins A2000-16 s 4\nsub A2000-53 amdt 1.55; A2008-50 amdt 1.11\nFailure to return tobacco licence\ns 59 (prev s 57) ins A2000-16 s 4\nam A2000-53 amdt 1.57, amdt 1.77\nam A2011-16 amdt 1.46; A2011-52 amdt 3.192; A2012-21\namdt 3.187\nDisqualification\ns 60 (prev s 58) ins A2000-16 s 4\nam A2000-53 amdt 1.58, amdt 1.77\nSelling smoking products without, or in contravention of, tobacco licence\ns 61 hdg (prev s 59 hdg) sub A2000-53 amdt 1.59\ns 61 (prev s 59) ins A2000-16 s 4\nTobacco wholesaling–offences\ns 62 (prev s 60) ins A2000-16 s 4\nam A2000-53 amdt 1.60, amdt 1.77\nam A2025-8 amdt 2.14\nTobacco retailing–offences\ns 63 (prev s 61) ins A2000-16 s 4\nam A2000-53 amdt 1.61\nam A2004-49 s 24; pars renum A2004-49 s 25\n\nDisplay of licence details\ns 64 (prev s 62) ins A2000-16 s 4\nam A2000-53 amdt 1.62, amdt 1.77\nam A2004-49 s 26\nam A2014-47 s 31\nLicensee stops carrying on business\ns 65 (prev s 63) ins A2000-16 s 4\nEndorsement on wholesale tobacco merchant’s invoices\ns 66 hdg (prev s 64 hdg) sub A2000-53 amdt 1.63\ns 66 (prev s 64) ins A2000-16 s 4\nam A2000-53 amdt 1.64, amdt 1.77\nRetail tobacconist must only obtain smoking products from licensed\nwholesaler\ns 67 hdg (prev s 64A hdg) sub A2000-53 amdt 1.65\ns 67 (prev s 64A) ins A2000-16 s 4\nam A2022-24 s 9; A2025-8 s 9, amdt 2.15\nNotification and review of decisions\ndiv 7.5 hdg (prev pt 7 div 5 hdg) ins A2000-16 s 4\nsub A2000-53 amdt 1.66; A2008-36 amdt 1.636\nMeaning of reviewable decision—div 7.5\ns 68 (prev s 65) ins A2000-16 s 4\nam A2004-49 s 27; pars renum R12 LA (see A2004-49 s 28)\nsub A2008-36 amdt 1.636\nReviewable decision notices\ns 69 (prev s 66) ins A2000-16 s 4\nam A2000-53 amdt 1.67\nsub A2008-36 amdt 1.636\n\nApplications for review\ns 69A ins A2008-36 amdt 1.636\ndiv 7.6 hdg (prev pt 7 div 6 hdg) ins A2000-16 s 4\nsub A2000-53 amdt 1.68\nDetermination of fees\ns 70 hdg (prev s 67 hdg) renum R4 LRA (see A2000-53 s 11)\nsub A2001-44 amdt 1.4040\ns 70 (prev s 67) ins A2000-16 s 4\nam A2000-53 amdt 1.69\nam A2001-44 amdt 1.4041, amdt 1.4042; ss renum R5 LA\n(see A2001-44 amdt 1.4043); A2011-52 amdt 3.193;\nA2025-29 amdt 4.177\nRecovery of unpaid fees from unlicensed people\ns 71 hdg sub A2025-8 amdt 2.16\ns 71 (prev s 68) ins A2000-16 s 4\nam A2011-16 amdt 1.46; A2012-21 amdt 3.188; A2025-8\namdt 2.17\npt 8 hdg (prev pt 4 hdg) ins A1990-39\nActs and omissions of representatives\ns 72 (prev s 13 and then s 69) ins A1990-39\nrenum as s 69 A2000-16 s 6 sch 1\nrenum as s 72 R4 LRA (see A2000-53 s 11)\nsub A2004-15 amdt 1.40\nApproved forms\ns 72A ins A2001-44 amdt 1.4044\nam A2007-3 amdt 3.497; A2011-52 amdt 3.193\nom A2021-12 amdt 3.172\nRegulation–making power\ns 73 hdg (prev s 70 hdg) sub A2000-53 amdt 1.70\ns 73 (prev s 15 and then s 70) am A2000-53 amdt 1.71, amdt 1.72\nrenum as s 70 A2000-16 s 6 sch 1\nrenum as s 73 R4 LRA (see A2000-53 s 11)\nam A2001-44 amdts 1.4045-1.4047; A2008-50 s 20, s 21;\nss renum R21 LA; A2025-29 amdt 4.177\n\nTransitional\npt 9 hdg ins A2000-53 amdt 1.73\nLicences under the Tobacco Licensing Act\ns 74 (prev s 71) ins A2000-53 amdt 1.73\nExpiry of part\ns 75 (prev s 72) ins A2000-53 amdt 1.73\nTransitional—repeal of s 52\ns 100 ins A2008-50 s 22\nexp 30 November 2008 (s 100 (5))\nTransitional—application of new point of sale display provisions to\ntobacconists\ns 101 ins A2008-50 s 23\nexp 1 January 2011 (s 101 (5))\nThe schedule\nsch am Ord1937-19\nReviewable decisions\nsch 1 ins A2008-36 amdt 1.637\ndict ins A2002-30 amdt 3.908\nam A2008-36 amdt 1.638; A2008-50 s 24, amdt 1.12;\nA2009-49 amdt 3.193; A2011-52 amdt 1.12; A2012-21\namdt 3.189; A2018-33 s 115\ndef approved procedures ins A2006-41 s 5\ndef approved program ins A2006-41 s 5\ndef authorised officer ins A1999-57 s 4\nsub A2006-41 s 6\ndef carton ins A1999-57 s 4\nom A2011-52 amdt 3.194\ndef cigar ins A1999-57 s 4\n\ndef commissioner ins A2011-16 amdt 1.44\ndef compliance test ins A2006-41 s 7\ndef conduct ins A2006-41 s 7\ndef connected ins A2007-3 amdt 3.499\ndef deputy registrar ins A1999-57 s 4\nom A2011-16 amdt 1.45\ndef display ins A1999-57 s 4\nom A2008-50 s 25\ndef drug ins A2000-53 s 5\nsub A2005-5 s 49\nom A2008-50 s 25\ndef engage in conduct ins A2006-41 s 7\ndef food ins A2008-50 amdt 1.13\ndef ground for occupational discipline ins A2008-36\namdt 1.639\nsub A2012-21 amdt 3.190\ndef herbal product ins A2000-53 s 5\nsub A2008-50 s 26; A2012-21 amdt 3.191\ndef identity card ins A1999-57 s 4\nam A2007-3 amdt 3.498; A2012-21 amdt 3.192\nom A2025-36 s 8\ndef immediate package ins A1999-57 s 4\ndef import ins A2008-50 amdt 1.13\ndef licensee ins A2007-3 amdt 3.499\nsub A2008-36 amdt 1.640\ndef occupier ins A1999-57 s 4\nsub A2007-3 amdt 3.500\ndef offence ins A2007-3 amdt 3.501\ndef package ins A1999-57 s 4\nam A2000-53 amdt 1.74\nom A2008-50 s 27\ndef personal vaporiser ins A2016-20 s 28\ndef personal vaporiser related product ins A2016-20 s 28\n\ndef point of sale ins A1999-57 s 4\nsub A2001-68 s 4\nsub A2004-49 s 29\ndef point of sale display ins A1999-57 s 4\nam A2000-16 sch 3; A2000-53 amdt 1.76\nom A2008-50 s 27\ndef premises ins A1999-57 s 4\ndef price ticket ins A1999-57 s 4\nsub A2008-50 s 28\ndef product information notice ins A1999-57 s 4\nom A2008-50 s 29\ndef product line ins A1999-57 s 4\nam A2000-53 amdt 1.5, amdt 1.76\ndef prohibited smoking product ins A2025-8 s 10\ndef public place ins A1990-39 s 5\nom A2008-50 s 30\ndef purchase assistant ins A2006-41 s 7\ndef registrar ins Ord1936-10 s 2\nins A1999-57 s 4\nom A2011-16 amdt 1.45\ndef retail outlet ins A1999-57 s 4\ndef retail tobacconist’s licence ins A2007-3 amdt 3.501\ndef reviewable decision ins A2008-36 amdt 1.641\ndef sell ins A1990-39 s 5\ndef smoking advertisement ins A2000-53 s 5\ndef smoking product ins A2000-53 s 5\n\nsub A2016-20 s 29\ndef smoking product package ins A2008-50 amdt 1.13\ndef theatre ins A1990-39 s 5\nom A2008-50 s 31\ndef therapeutic vaping good ins A2025-8 s 10\ndef tobacco licence ins A2007-3 amdt 3.501\ndef tobacco product ins A1990-39 s 5\nsub A2000-53 s 2\ndef tobacco retailing ins A2007-3 amdt 3.501\ndef tobacco wholesaling ins A2007-3 amdt 3.501\ndef vaping good ins A2025-8 s 10\ndef vending machine ins A1990-39 s 5\nsub A2000-53 amdt 1.6\nsub A2004-49 s 30; A2008-50 s 32\ndef warrant ins A2025-36 s 9\ndef wholesale outlet ins A1999-57 s 4\ndef wholesale tobacco merchant’s licence ins A2007-3\namdt 3.501\ndef young person ins A2006-41 s 7\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1990-39 31 July 1992\n2 A1993-98 31 December 1993\n3 A2000-16 1 July 2000\n4 A2000-53 20 November 2000\n4 (RI) A2000-53 ‡ 1 October 2002\n5 A2001-68 6 November 2001\n5 (RI) A2001-68 ‡ 1 October 2002\n6 A2002-11 30 May 2002\n6 (RI) A2002-11 ‡ 1 October 2002\n7 A2002-30 1 October 2002\n8 A2004-15 9 April 2004\n9 A2004-49 17 August 2004\n10* A2005-5 6 March 2005\n11 A2006-2 1 May 2006\n12 A2006-2 1 September 2006\n13 A2006-2 2 September 2006\n14 A2006-41 25 October 2006\n15 A2007-3 12 April 2007\n16 A2007-3 13 April 2008\n17 A2008-50 16 September 2008\n18 A2008-50 27 October 2008\n19 A2008-50 1 December 2008\n\n5 Earlier republications\nRepublication No Amendments to Republication date\n20 A2008-50 2 February 2009\n21 A2008-50 28 February 2009\n22 A2008-50 1 March 2009\n23 A2009-49 17 December 2009\n24 A2010-43 1 December 2010\n25 A2010-43 2 January 2011\n26 A2011-1 18 April 2011\n27 A2011-22 1 July 2011\n28 A2011-22 17 November 2011\n29 A2011-52 12 December 2011\n30 A2012-21 5 June 2012\n31 A2014-47 7 November 2014\n32 A2015-16 3 June 2015\n33 A2016-20 1 August 2016\n34 A2016-20 29 August 2016\n35 A2018-33 2 October 2018\n36 A2021-12 23 June 2021\n37 A2022-24 10 December 2022\n38 A2025-8 18 April 2025\n39 A2025-36 16 December 2025\n‡ includes retrospective amendment by A2002-30\n\nRenumbered provisions 6\n6 Renumbered provisions\nThis Act was renumbered under the Legislation (Republication) Act 1996 in R4\n(see A2000-16 s 6 and A2000-53 s 11). Details of renumbered provisions are\nshown in endnote 4 (Amendment history). For a table showing the renumbered\nprovisions, see R5 (RI).","sortOrder":100}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has broadened from a 1927 tobacco focus to expressly include vaping goods, personal vaporisers and related products, and ties prohibited product definitions to recent Commonwealth public‑health requirements (ss 3A–3D). It also adds modernised enforcement and search/seizure/warrant powers (pt 6, ss 35–41I), a statutory compliance‑testing program using supervised young purchase assistants with indemnities (pt 6A, ss 42B–42G), and an updated licensing and offences framework for retailing and wholesaling (pt 7, ss 47–67)."},"complexity_factors":["Broad and evolving product definitions that now cover tobacco, herbal products, personal vaporisers, personal vaporiser related products, vaping goods and therapeutic vaping goods (ss 3A–3C).","Prohibited product concept tied to Commonwealth public health requirements and regulatory prescription, producing cross‑jurisdictional interaction (s 3D; references to Public Health (Tobacco and Other Products) Act 2023 (Cwlth)).","Extensive point‑of‑sale, display and storage regime with strict liability offences and precise labelling/price‑ticket rules (ss 4, 8–11, 19–20).","Comprehensive advertising, promotion and sponsorship prohibitions with multiple offence types, exceptions and an authorised‑officer removal power (pt 4; ss 23–25, 24).","Detailed licensing regime for retail and wholesale traders with discretionary grant/refusal grounds, conditions, renewals, fees and public register obligations (pt 7; ss 47–53, 70).","Significant enforcement powers including information directions, entry (consensual, urgent, warranted), testing, seizure, receipt/return procedures and ancillary remedies (pt 6; ss 35–41I, 41J).","Specialised compliance testing framework using supervised young purchase assistants, statutory lawfulness and indemnities for officers/assistants—adds procedural safeguards and administrative approvals (pt 6A; ss 42B–42G).","Mix of strict liability and fault‑based offences across provisions increases prosecution and compliance nuance (examples: ss 8(3), 9(4), 10(3), 19(3), 22(2), 41G(2)).","High administrative discretion for ministers, commissioner and authorised officers (e.g. declaring products, approving testing programs/procedures, imposing licence conditions) imposes variable compliance duties (ss 18A, 42C–42D, 48).","Numerous cross‑references to other Territory and Commonwealth statutes and delegated instruments, and an extensive amendment history—raising interpretative and implementation complexity (see ss 3C, 3D; endnotes/history)."],"plain_english_summary":"Mechanically, this Act regulates who may sell, import, display and advertise tobacco and other smoking products (now including vaping goods and personal vaporisers), bans specified products and promotions, prescribes point-of-sale and storage rules, creates a licensing system, and grants enforcement powers including entry, search, seizure and compliance testing. \n\nIt affects retailers, wholesalers, manufacturers, advertisers and authorised officers by creating criminal and strict‑liability offences, licensing conditions, compliance‑testing procedures (including supervised young purchase assistants) and monetary or custodial penalties for breaches."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3312},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted as the Tobacco Ordinance 1927 to regulate basic tobacco sales, the Act has expanded into a comprehensive \"smoking product\" and vaping control framework. It now regulates herbal smoking products, personal vaporisers (e-cigarettes), and vaping goods (distinguishing between therapeutic and non-therapeutic). The scope has grown to include sophisticated enforcement mechanisms (warrants, seizures), a sting-operation compliance testing regime using minors, and integration with Commonwealth therapeutic goods regulation — far beyond the original simple tobacco retail controls."},"complexity_factors":["Technical product definitions in sections 3A–3D creating four distinct categories (tobacco, herbal, personal vaporisers, vaping goods) with cross-references to the Commonwealth Therapeutic Goods Act 1989","Mixture of strict liability offences (where intent need not be proven) and offences requiring proof of recklessness, with statutory defences that place the legal burden of proof on the defendant (e.g., proving ID was checked)","Comprehensive administrative licensing scheme with grant/renewal conditions, occupational discipline proceedings before ACAT (ACT Civil and Administrative Tribunal), and reviewable decisions","Detailed enforcement framework mirroring criminal procedure: remote warrant applications (s 41A), announcement protocols before entry (s 41B), seizure and forfeiture procedures (ss 41E–41K), and compensation mechanisms","Nested exceptions and conditional logic: advertising bans contain specific exemptions for price tickets, which themselves have 5 specific formatting requirements (font, size, content limits)","Creation of legal immunities for compliance testing involving minors, requiring informed consent from parents and strict procedural safeguards (Part 6A)"],"plain_english_summary":"This Act is the ACT’s primary law regulating tobacco and vaping to cut smoking, block youth access to nicotine, and control the industry through licensing and strict retail rules. It affects retailers, wholesalers, adults buying for minors, and property occupiers subject to inspection.\n\nIt requires licences, bans visible displays, advertising, freebies and self‑service, restricts flavoured vapes, and empowers officers to inspect, seize goods and enforce heavy fines or criminal penalties."}},"importantCases":[],"_links":{"self":"/api/acts/tobacco-and-other-smoking-products-act-1927","history":"/api/acts/tobacco-and-other-smoking-products-act-1927/history","analysis":"/api/acts/tobacco-and-other-smoking-products-act-1927/analysis","conflicts":"/api/acts/tobacco-and-other-smoking-products-act-1927/conflicts","importantCases":"/api/acts/tobacco-and-other-smoking-products-act-1927/important-cases","documents":"/api/acts/tobacco-and-other-smoking-products-act-1927/documents"}}