{"id":"BILL-QLD-tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025","name":"Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025","slug":"tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025","collection":"bill","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446114,"registerId":"BILL-QLD-tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-06T12:45:21.906Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025\n\nQueensland\nTobacco and Other Smoking\nProducts (Dismantling Illegal\nTrade) and Other Legislation\nAmendment Bill 2025\n\nQueensland\nTobacco and Other Smoking Products\n(Dismantling Illegal Trade) and Other\nLegislation Amendment Bill 2025\nContents\nPage\nPart 1 Preliminary\n1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\nPart 2 Amendment of State Penalties Enforcement Regulation 2014\n2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\n3 Amendment of sch 1 (Infringement notice offences and fines for\nnominated laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n4 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7\n5 Amendment of s 18 (Requirements for application) . . . . . . . . . . 7\n6 Amendment of s 47 (Notification of particular events) . . . . . . . . . 8\n7 Amendment of s 49 (Invoices for supply to retailers) . . . . . . . . . 8\n8 Amendment of s 91 (Location of smoking products at retail outlet) 8\n9 Amendment of s 134 (Smoking area at outdoor eating or drinking place)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\n10 Amendment of s 158 (Sale, supply and display of ice pipes) . . . 9\n11 Amendment of s 159 (Sale, supply and display of bongs) . . . . . 9\n12 Amendment of s 160 (Display of hookahs) . . . . . . . . . . . . . . . . . 10\n13 Amendment of s 170 (Appointment) . . . . . . . . . . . . . . . . . . . . . . 10\n14 Amendment of s 181 (Entry of places by authorised persons) . . 10\n15 Insertion of new s 194A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10\n194A Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . 10\n16 Amendment of s 195, hdg (Application of div 4) . . . . . . . . . . . . . 11\n17 Amendment of s 197 (Seizing evidence at a place that may be entered\nwithout consent or a warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11\n18 Amendment of s 198 (Seizing evidence at a place that may only be\n\nContents\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPage 2\nAuthorised by the Parliamentary Counsel\nentered with consent or a warrant) . . . . . . . . . . . . . . . . . . . . . . . 11\n19 Amendment of s 205 (Forfeiture of relevant product) . . . . . . . . . 12\n20 Amendment of s 205A (Forfeiture of bongs and ice pipes) . . . . . 12\n21 Insertion of new s 205BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12\n205BA Forfeiture of compromised goods . . . . . . . . . . . . . . . 13\n22 Insertion of new pt 11, div 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . 13\nDivision 4AA Controlled purchase operations\n208 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . 13\n208A Authorisation of controlled purchase officer . . . . . . . 14\n208B Authorisation of controlled purchase operation . . . . . 14\n208C Supervision by authorised person . . . . . . . . . . . . . . . 15\n208D Form of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15\n208E Variation or cancellation of authority . . . . . . . . . . . . . 17\n208F Effect of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 17\n208G Protection from criminal responsibility . . . . . . . . . . . . 17\n208H Effect of being unaware of variation or cancellation of\nauthority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18\n208I Notification requirements . . . . . . . . . . . . . . . . . . . . . . 19\n208J Admissibility of evidence . . . . . . . . . . . . . . . . . . . . . . 20\n23 Amendment of pt 11, div 4A, hdg (Closure orders) . . . . . . . . . . . 20\n24 Replacement of ss 209A and 209B . . . . . . . . . . . . . . . . . . . . . . . 20\nSubdivision 1 Preliminary\n209 Application of division . . . . . . . . . . . . . . . . . . . . . . . . 21\nSubdivision 2 Making of orders\n209A Definitions for subdivision . . . . . . . . . . . . . . . . . . . . . 21\n209B Short-term closure of premises by chief executive . . 22\n209BA Long-term closure of premises by magistrate . . . . . . 23\n25 Amendment of s 209C (Smoking products not to be supplied at closed\npremises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24\n26 Insertion of new pt 11, div 4A, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . 25\nSubdivision 3 Relevant lessors\n209CA Definitions for subdivision . . . . . . . . . . . . . . . . . . . . . 25\n209CB Chief executive must give relevant lessor copy of closure\norder and notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26\n209CC Relevant lessor may terminate lease of premises subject to\nclosure order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27\n209CD Ending of closure order if lease ends . . . . . . . . . . . . 29\n\nContents\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPage 3\nAuthorised by the Parliamentary Counsel\n209CE Offence of permitting premises to be used to supply or\npossess illicit tobacco or illicit nicotine products . . . . 30\n209CF Civil penalty for contravention by relevant lessor . . . 30\n209CG Civil proceeding stayed during criminal proceeding . 32\n209CH No criminal proceeding after successful civil proceeding 33\n209CI Evidence given by individual in civil proceeding not\nadmissible in criminal proceeding . . . . . . . . . . . . . . . 33\n27 Amendment of s 212 (Power to require production of written\nacknowledgement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34\n28 Amendment of s 213 (Failure to produce acknowledgement) . . . 35\n29 Amendment of s 214 (Failure to certify copy of acknowledgement) 35\n30 Amendment of s 215 (Power to require information) . . . . . . . . . . 35\n31 Insertion of new s 215A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36\n215A Power to require information relevant to monitoring or\nenforcement of particular provisions . . . . . . . . . . . . . 36\n32 Amendment of s 219 (Compensation) . . . . . . . . . . . . . . . . . . . . . 37\n33 Amendment of s 224 (Definition for division) . . . . . . . . . . . . . . . . 37\n34 Insertion of new s 229A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37\n229A Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . 37\n35 Replacement of s 230A (Liability of executive officer—offence committed\nby corporation against executive liability provision) . . . . . . . . . . 39\n230A Liability of executive officer—offence committed by\ncorporation against executive liability (evidential burden)\nprovision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40\n36 Amendment of s 231 (Act does not create or preserve right to smoke)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41\n37 Amendment of s 242B (Application of amended s 208) . . . . . . . 42\n38 Insertion of new pt 13, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42\nDivision 4 Transitional provisions for Tobacco and Other Smoking\nProducts (Dismantling Illegal Trade) and Other\nLegislation Amendment Act 2025\n243 Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . 42\n244 Notification of particular events . . . . . . . . . . . . . . . . . 42\n245 Proceedings for particular offences . . . . . . . . . . . . . . 43\n246 Application for long-term closure order made before\ncommencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43\n247 New provisions applying to relevant lessors . . . . . . . 44\n248 New evidentiary provisions . . . . . . . . . . . . . . . . . . . . 44\n39 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 44\n\n2025\nA Bill\nfor\nAn Act to amend the State Penalties Enforcement Regulation\n2014 and the Tobacco and Other Smoking Products Act 1998 for\nparticular purposes\n\nPage 6\nAuthorised by the Parliamentary Counsel\n[s 1]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 1 Preliminary\nThe Parliament of Queensland enacts—\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Tobacco and Other Smoking\nProducts (Dismantling Illegal Trade) and Other Legislation\nAmendment Act 2025.\nPart 2 Amendment of State Penalties\nEnforcement Regulation 2014\n2 Regulation amended\nThis part amends the State Penalties Enforcement Regulation\n2014.\n3 Amendment of sch 1 (Infringement notice offences and\nfines for nominated laws)\nSchedule 1, entry for Tobacco and Other Smoking Products\nAct 1998—\ninsert—\ns 49(3) Individual\nCorporation\n10\n50\ns 49(4) Individual\nCorporation\n10\n50\ns 209C(1) Individual\nCorporation\n20\n100\n1\n2\nClause 3\n4\n5\n6\n7\n8\nClause 9\n10\n11\nClause 12\n13\n14\n15\n16\n\nPage 7\nAuthorised by the Parliamentary Counsel\n[s 4]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nPart 3 Amendment of Tobacco and\nOther Smoking Products Act\n1998\n4 Act amended\nThis part amends the Tobacco and Other Smoking Products\nAct 1998.\n5 Amendment of s 18 (Requirements for application)\n(1) Section 18(1)—\ninsert—\n(ba) if the applicant is an entity that holds an\nABN—state the ABN; and\n(2) Section 18(1)(d)—\nomit, insert—\n(d) if the application relates to a retail or\nwholesale outlet—\n(i) identify the location of the outlet; and\n(ii) be accompanied by sufficient evidence\nto demonstrate the applicant’s\nentitlement to occupy the outlet,\nincluding, for example, as an owner or\nlessee of the outlet; and\n(iii) if the applicant leases, or holds an\nentitlement to occupy, the outlet from\nanother person (the lessor)—state the\nname, address and contact details of\nthe lessor; and\n(3) Section 18(1)(ba) to (h)—\nrenumber as section 18(1)(c) to (i).\n1\n2\n3\nClause 4\n5\n6\nClause 7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 8\nAuthorised by the Parliamentary Counsel\n[s 6]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n6 Amendment of s 47 (Notification of particular events)\n(1) Section 47(1)(g)—\nomit, insert—\n(g) if the licence relates to a retail or wholesale\noutlet—\n(i) the location of the outlet changes; or\n(ii) the licensee’s entitlement to occupy the\noutlet, including, for example, as an\nowner or lessee of the outlet, ceases or\nchanges; or\n(iii) if the licensee leases, or holds an\nentitlement to occupy, the outlet from\nanother person (the lessor)—the name,\naddress or contact details of the lessor\nchange;\n(2) Section 47(1)(h), ‘or business name,’—\nomit, insert—\nbusiness name or ABN\n7 Amendment of s 49 (Invoices for supply to retailers)\n(1) Section 49—\ninsert—\n(2A) The licensee must keep a copy of the invoice for\nat least 2 years after giving the retailer the invoice.\nMaximum penalty—140 penalty units.\n(2) Section 49(2A) and (3)—\nrenumber as section 49(3) and (4).\n8 Amendment of s 91 (Location of smoking products at\nretail outlet)\nSection 91, ‘or in’—\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\nClause 19\n20\n21\n22\n23\n24\n25\n26\nClause 27\n28\n29\n\nPage 9\nAuthorised by the Parliamentary Counsel\n[s 9]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nomit.\n9 Amendment of s 134 (Smoking area at outdoor eating or\ndrinking place)\nSection 134(6)—\nomit.\n10 Amendment of s 158 (Sale, supply and display of ice\npipes)\n(1) Section 158, heading—\nomit, insert—\n158 Supply or possession of ice pipes as part of\nbusiness activities\n(2) Section 158(1)—\nomit, insert—\n(1) A person must not, as part of a business activity,\nsupply, display, store or otherwise be in\npossession of an ice pipe or a component of an ice\npipe.\nMaximum penalty—140 penalty units.\n11 Amendment of s 159 (Sale, supply and display of bongs)\n(1) Section 159, heading—\nomit, insert—\n159 Supply or possession of bongs as part of\nbusiness activities\n(2) Section 159(1)—\nomit, insert—\n(1) A person must not, as part of a business activity,\nsupply, display, store or otherwise be in\npossession of a bong or a component of a bong.\n1\nClause 2\n3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\nClause 19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 10\nAuthorised by the Parliamentary Counsel\n[s 12]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nMaximum penalty—140 penalty units.\n12 Amendment of s 160 (Display of hookahs)\nSection 160(2)(a) and (c) and (3), ‘part’—\nomit, insert—\ncomponent\n13 Amendment of s 170 (Appointment)\nSection 170(1)(a), ‘officer or’—\nomit.\n14 Amendment of s 181 (Entry of places by authorised\npersons)\n(1) Section 181(2)—\ninsert—\n(ba) a wholesale outlet when the outlet is open\nfor carrying on business; or\n(2) Section 181(2)(c), after ‘retail’—\ninsert—\nor wholesale\n(3) Section 181(2)(ba) to (e)—\nrenumber as section 181(2)(c) to (f).\n15 Insertion of new s 194A\nBefore section 195—\ninsert—\n194A Definition for division\nIn this division—\ncompromised goods means either of the\n1\nClause 2\n3\n4\n5\nClause 6\n7\n8\nClause 9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\nClause 20\n21\n22\n23\n24\n25\n\nPage 11\nAuthorised by the Parliamentary Counsel\n[s 16]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nfollowing things present in a place in which illicit\ntobacco or an illicit nicotine product is seized\nunder section 197(1) or 198(1), (2), (3) or (4)—\n(a) a smoking product;\n(b) a hookah, or a component of a hookah.\n16 Amendment of s 195, hdg (Application of div 4)\nSection 195, heading, ‘div 4’—\nomit, insert—\ndivision\n17 Amendment of s 197 (Seizing evidence at a place that\nmay be entered without consent or a warrant)\nSection 197—\ninsert—\n(2) Also, the authorised person may seize a thing in\nthe place if the authorised person reasonably\nbelieves the thing is compromised goods.\n18 Amendment of s 198 (Seizing evidence at a place that\nmay only be entered with consent or a warrant)\n(1) Section 198, heading, ‘only be entered’—\nomit, insert—\nbe entered only\n(2) Section 198(1), (3) and (4), ‘in the place’—\nomit, insert—\nat the place\n(3) Section 198—\ninsert—\n(5) In addition, the authorised person may seize a\n1\n2\n3\n4\n5\nClause 6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\n16\nClause 17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 12\nAuthorised by the Parliamentary Counsel\n[s 19]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nthing at the place if the authorised person\nreasonably believes the thing is compromised\ngoods.\n(6) To remove any doubt, it is declared that\nsubsection (5) applies to an authorised person\nwho enters a place with a warrant even if the\nwarrant does not state under section 184(5)(c) that\nthe thing that is compromised goods may be\nseized under the warrant.\n19 Amendment of s 205 (Forfeiture of relevant product)\nSection 205(6), definition seized thing—\nomit.\n20 Amendment of s 205A (Forfeiture of bongs and ice pipes)\n(1) Section 205A(1)(a), after ‘pipe’—\ninsert—\n, or a component of a bong or ice pipe\n(2) Section 205A(2)(a)—\nomit, insert—\n(a) the chief executive believes—\n(i) the seized thing is a bong or ice pipe, or\na component of a bong or ice pipe; and\n(ii) it is necessary to keep the seized thing\nto prevent it being used to commit the\noffence for which it was seized; and\n(3) Section 205A(6)—\nomit.\n21 Insertion of new s 205BA\nAfter section 205B—\n1\n2\n3\n4\n5\n6\n7\n8\n9\nClause 10\n11\n12\nClause 13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\nClause 27\n28\n\nPage 13\nAuthorised by the Parliamentary Counsel\n[s 22]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\ninsert—\n205BA Forfeiture of compromised goods\n(1) The chief executive may decide a seized thing is\nforfeited to the State if the chief executive is\nsatisfied—\n(a) the thing is compromised goods; and\n(b) either—\n(i) a relevant product under section 205(6)\nwas present at the place in which the\nthing was seized and has been forfeited\nunder section 205; or\n(ii) vaping goods were present at the place\nin which the thing was seized and have\nbeen forfeited under section 205B.\n(2) The chief executive is not required to provide\nprocedural fairness in making the decision.\n22 Insertion of new pt 11, div 4AA\nAfter part 11, division 4—\ninsert—\nDivision 4AA Controlled purchase\noperations\n208 Definitions for division\nIn this division—\ncontrolled purchase officer means a person\nauthorised to be a controlled purchase officer\nunder section 208A.\ncontrolled purchase operation see section\n208B(1).\nprescribed offence means an offence against\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\nClause 17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Page 14\nAuthorised by the Parliamentary Counsel\n[s 22]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nsection 65, 161 or 161A.\n208A Authorisation of controlled purchase officer\n(1) The chief executive may, by notice in writing,\nauthorise either of the following persons to be a\ncontrolled purchase officer if the person is an\nadult—\n(a) a public service employee;\n(b) a health service employee.\n(2) However, the chief executive may not authorise\nthe person to be a controlled purchase officer\nunless the chief executive is satisfied the person is\nappropriately qualified.\n(3) A controlled purchase officer may, for the\npurposes of a controlled purchase operation, make\nor attempt to make the purchases authorised under\nsection 208D(2)(e) for the operation.\n208B Authorisation of controlled purchase\noperation\n(1) The chief executive may, by notice in writing,\nauthorise an operation (a controlled purchase\noperation) the intended purpose of which is to\nprovide a person with an opportunity to commit or\nto attempt to commit a prescribed offence.\n(2) However, the chief executive may not authorise a\ncontrolled purchase operation unless the chief\nexecutive is satisfied—\n(a) a prescribed offence has been, is being, or is\nlikely to be committed; and\n(b) the nature and extent of the prescribed\noffence mentioned in paragraph (a) justifies\nthe operation; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 15\nAuthorised by the Parliamentary Counsel\n[s 22]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(c) the operation will not be conducted in a way\nthat makes it likely for a person to be\ninduced to commit a prescribed offence, or\nany other offence, that the person would not\notherwise have intended to commit; and\n(d) any conduct involved in the operation will\nnot seriously endanger the health or safety\nof any person; and\n(e) the operation will be conducted in a way\nthat will ensure the chief executive is\nimmediately notified if a controlled\npurchase officer engages in—\n(i) conduct that may seriously endanger\nthe health or safety of any person; or\n(ii) conduct that may not be authorised\nunder the authority to conduct the\noperation; and\n(f) each controlled purchase officer proposed to\nparticipate in the operation has received\nappropriate training for the purpose.\n208C Supervision by authorised person\n(1) The controlled purchase operation must be\nsupervised by an authorised person chosen by the\nchief executive to supervise the operation.\n(2) The authorised person supervising the operation\nis not authorised to make or attempt to make the\npurchases authorised under section 208D(2)(e)\nfor the operation.\n208D Form of authority\n(1) An authority to conduct a controlled purchase\noperation must be in writing.\n(2) The authority must state—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 16\nAuthorised by the Parliamentary Counsel\n[s 22]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(a) an identifying name or number for the\noperation; and\n(b) the identity of the authorised person\nresponsible for supervising the operation;\nand\n(c) the identity of each controlled purchase\nofficer who may make or attempt to make\npurchases for the operation; and\n(d) the prescribed offences in relation to which\nthe operation is to be conducted; and\n(e) a description of the type of purchases the\ncontrolled purchase officers may make or\nattempt to make for the operation; and\n(f) the places, if any, the controlled purchase\nofficers may enter for the operation; and\n(g) the websites, online shops or other online\naccounts or platforms, if any, the controlled\npurchase officers may access or engage with\nfor the operation; and\n(h) the period, of not more than 3 months, for\nwhich the authority is in effect; and\n(i) the conditions, if any, to which the conduct\nof the operation is subject; and\n(j) the date and time when the authority is\ngranted.\n(3) A controlled purchase officer is sufficiently\nidentified for subsection (2)(c) if the person is\nidentified by either of the following that can be\nmatched to the person’s identity by the chief\nexecutive—\n(a) an assumed name;\n(b) a code name or code number.\n(4) A place may be stated under subsection (2)(f)\nonly if the place is a place mentioned in section\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 17\nAuthorised by the Parliamentary Counsel\n[s 22]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n181(2).\n208E Variation or cancellation of authority\n(1) The chief executive may vary or cancel an\nauthority to conduct a controlled purchase\noperation during the period, stated under section\n208D(2)(h), for which the authority is in effect.\n(2) If the chief executive varies or cancels an\nauthority, the chief executive must tell the\nfollowing persons about the variation or\ncancellation immediately after the variation or\ncancellation is made—\n(a) the authorised person responsible for\nsupervising the operation;\n(b) each controlled purchase officer authorised\nto make or attempt to make purchases for\nthe operation.\n208F Effect of authority\n(1) An authority to conduct a controlled purchase\noperation, while the authority is in effect,\nauthorises each controlled purchase officer stated\nin the authority under section 208D(2)(c) to make\nor attempt to make the purchases authorised under\nsection 208D(2)(e) for the operation.\n(2) The authority given to a controlled purchase\nofficer to engage in conduct mentioned in\nsubsection (1) can not be delegated to any other\nperson.\n208G Protection from criminal responsibility\n(1) Despite any other Act or law, a person (the\nparticipant) who engages in conduct in a\ncontrolled purchase operation in the course of,\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 18\nAuthorised by the Parliamentary Counsel\n[s 22]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nand for the purposes of, the operation, is not, if\nengaging in that conduct is an offence, criminally\nresponsible for the offence, if—\n(a) either—\n(i) the conduct is authorised by, and is\nengaged in, in accordance with, the\nauthority for the operation; or\n(ii) the conduct is ancillary to conduct\nmentioned in subparagraph (i),\nincluding, for example, aiding or\nenabling the conduct mentioned in\nsubparagraph (i); and\n(b) the conduct does not involve the participant\nintentionally inducing a person to commit\nan offence that the person would not\notherwise have intended to commit.\n(2) To remove any doubt, it is declared that\nsubsection (1) does not apply if the participant\nengages in conduct that seriously endangers the\nhealth or safety of any person.\n208H Effect of being unaware of variation or\ncancellation of authority\n(1) If an authority to conduct a controlled purchase\noperation is varied in a way that limits its scope,\nthis division continues to apply to a person\nauthorised to engage in conduct for the purposes\nof the operation as if the authority had not been\nvaried in that way, for as long as the person—\n(a) is unaware of the variation; and\n(b) is not reckless about the existence of the\nvariation.\n(2) If an authority to conduct a controlled purchase\noperation is cancelled, this division continues to\napply to a person authorised to engage in conduct\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 19\nAuthorised by the Parliamentary Counsel\n[s 22]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nfor the purposes of the operation as if the authority\nhad not been cancelled, for as long as the\nperson—\n(a) is unaware of the cancellation; and\n(b) is not reckless about the existence of the\ncancellation.\n(3) For this section, a person is reckless about the\nexistence of the variation or cancellation of an\nauthority if—\n(a) the person is aware of a substantial risk that\nthe variation or cancellation has happened;\nand\n(b) having regard to the circumstances known to\nthe person, it is unjustifiable to continue to\nengage in conduct that was, but may no\nlonger be, authorised by the authority\nbecause of the variation or cancellation.\n208I Notification requirements\n(1) If any loss of or serious damage to property\nhappens in the course of or as a direct result of a\ncontrolled purchase operation, the authorised\nperson supervising the operation must report the\nloss or damage to the chief executive as soon as\npracticable.\n(2) The chief executive must take all reasonable steps\nto notify the owner of the property of the loss or\ndamage.\n(3) The chief executive is not required to notify the\nowner of property under this section until the\nchief executive is satisfied that notification would\nnot—\n(a) compromise or hinder the operation; or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 20\nAuthorised by the Parliamentary Counsel\n[s 23]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(b) compromise the identity of an authorised\nperson or controlled purchase officer; or\n(c) endanger the life or safety of any person; or\n(d) prejudice any legal proceeding; or\n(e) otherwise be contrary to the public interest.\n(4) Subsection (1) does not apply to property of the\ndepartment.\n(5) If any personal injury happens in the course of or\nas a direct result of a controlled purchase\noperation, the authorised person supervising the\noperation must report the injury to the chief\nexecutive as soon as possible.\n208J Admissibility of evidence\nEvidence gathered because of a controlled\npurchase operation is not inadmissible only\nbecause the evidence was obtained by a person\nwhile engaging in an unlawful act if the unlawful\nact was authorised under this division.\n23 Amendment of pt 11, div 4A, hdg (Closure orders)\nPart 11, division 4A, heading, after ‘orders’—\ninsert—\nand relevant lessors\n24 Replacement of ss 209A and 209B\nSections 209A and 209B—\nomit, insert—\nSubdivision 1 Preliminary\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\nClause 19\n20\n21\n22\nClause 23\n24\n25\n26\n\nPage 21\nAuthorised by the Parliamentary Counsel\n[s 24]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n209 Application of division\nThis division does not apply to residential\npremises.\nSubdivision 2 Making of orders\n209A Definitions for subdivision\nIn this subdivision—\ninfringement notice means an infringement\nnotice under the State Penalties Enforcement Act\n1999.\nmobile premises means premises that are a\nvehicle, building or other structure ordinarily\nmoved from place to place.\nprevious enforcement action, taken in relation to\npremises, means any of the following actions\nrelating to the premises—\n(a) the issue of a closure order;\n(b) the issue of an infringement notice for an\noffence against section 65, 161 or 161A;\n(c) the seizure of evidence under part 11,\ndivision 4 in relation to an offence against\nsection 65, 161 or 161A;\n(d) the start of a proceeding for an offence\nagainst section 65, 161 or 161A;\n(e) the giving of an improvement notice under\nsection 211 in relation to a contravention or\nlikely contravention of section 65, 161 or\n161A.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 22\nAuthorised by the Parliamentary Counsel\n[s 24]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n209B Short-term closure of premises by chief\nexecutive\n(1) The chief executive may make an order that stated\npremises be closed (a short-term closure order) if\nthe chief executive is satisfied that—\n(a) illicit tobacco or illicit nicotine products are\nbeing supplied or possessed at the premises\nas part of a business activity; or\n(b) a business is being carried on at the\npremises in a way that involves a\ncontravention of section 65.\n(2) In deciding whether to make a short-term closure\norder the chief executive may have regard to—\n(a) previous enforcement action taken in\nrelation to the premises; and\n(b) whether the order will impact the ability of\nthe community to access essential goods and\nservices; and\n(c) any other matter the chief executive\nconsiders appropriate.\n(3) The short-term closure order must be—\n(a) served on the person apparently in charge of\nthe premises, if any; and\n(b) posted in a conspicuous place—\n(i) for premises that are fixed\npremises—at the entrance to the\npremises; or\n(ii) for premises that are mobile\npremises—\n(A) on the mobile premises; or\n(B) at the entrance to fixed premises\nthat are connected to the business\ncarried on at the mobile premises.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 23\nAuthorised by the Parliamentary Counsel\n[s 24]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(4) The short-term closure order—\n(a) takes effect from the earlier of the following\nto happen—\n(i) the service of the order under\nsubsection (3)(a);\n(ii) the posting of the order under\nsubsection (3)(b); and\n(b) continues until the first of the following to\nhappen—\n(i) the chief executive revokes the order;\n(ii) the end of 90 days after the order takes\neffect.\n209BA Long-term closure of premises by\nmagistrate\n(1) A magistrate may, on the application of the chief\nexecutive, make an order that stated premises be\nclosed for a stated period of not more than 1 year\n(a long-term closure order) if the magistrate is\nsatisfied that—\n(a) illicit tobacco or illicit nicotine products\nhave been, or are likely to be, supplied or\npossessed at the premises as part of a\nbusiness activity; or\n(b) a business is being carried on at the\npremises in a way that involves a\ncontravention of section 65.\n(2) In deciding whether to make a long-term closure\norder the magistrate may have regard to—\n(a) previous enforcement action taken in\nrelation to the premises; and\n(b) whether the order will impact the ability of\nthe community to access essential goods and\nservices; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 24\nAuthorised by the Parliamentary Counsel\n[s 25]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(c) any other matter the magistrate considers\nappropriate.\n(3) The application may be made regardless of\nwhether a short-term closure order is, or has been,\nin effect in relation to the premises under\nsection 209B.\n(4) The application must be served on—\n(a) the person apparently in charge of the\npremises, if any; and\n(b) the lessor of the premises, if any.\n(5) The long-term closure order must be—\n(a) served on the person apparently in charge of\nthe premises, if any; and\n(b) posted in a conspicuous place—\n(i) for premises that are fixed\npremises—at the entrance to the\npremises; or\n(ii) for premises that are mobile\npremises—\n(A) on the mobile premises; or\n(B) at the entrance to fixed premises\nthat are connected to the business\ncarried on at the mobile premises.\n(6) Subsections (4) and (5)(a) do not apply if the chief\nexecutive is satisfied it is not reasonably\npracticable to serve the document mentioned in\nthe subsection.\n25 Amendment of s 209C (Smoking products not to be\nsupplied at closed premises)\n(1) Section 209C, heading, ‘Smoking products not’—\nomit, insert—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\nClause 28\n29\n30\n31\n\nPage 25\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nNo products or services\n(2) Section 209C(1)—\ninsert—\n(c) supply any other product or service at the\npremises; or\n(d) work in a business involving the supply of\nany other product or service at the premises;\nor\n(e) open the premises to the public.\n(3) Section 209C(3)—\nomit, insert—\n(3) Also, a person is not required to comply with\nsubsection (1)(c) or (d) if the person has a\nreasonable excuse.\n26 Insertion of new pt 11, div 4A, sdiv 3\nAfter section 209C—\ninsert—\nSubdivision 3 Relevant lessors\n209CA Definitions for subdivision\nIn this subdivision—\nlease, in relation to premises, includes any right to\noccupy the premises.\npremises means any of the following—\n(a) a retail outlet;\n(b) a wholesale outlet;\n(c) premises at which illicit tobacco or illicit\nnicotine products are available for sale by\nretail or wholesale.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\nClause 15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Page 26\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nrelevant lessor, of premises—\n(a) means the person who—\n(i) leases the premises directly to a person\nconducting a tobacco business at the\npremises; or\n(ii) otherwise directly allows a person\nconducting a tobacco business at the\npremises to occupy the premises; and\n(b) does not include a person, including, for\nexample, a head lessor, who leases the\npremises to a person who is not occupying\nthe premises for the purpose of conducting a\ntobacco business at the premises.\ntobacco business means a business that involves\nsupplying or possessing illicit tobacco, illicit\nnicotine products or smoking products.\n209CB Chief executive must give relevant lessor\ncopy of closure order and notice\n(1) This section applies if—\n(a) a closure order is made in relation to\npremises; and\n(b) the premises are subject to a lease.\n(2) The chief executive must give the relevant lessor\nof the premises the following documents within 7\ndays after the closure order is made—\n(a) a copy of the order;\n(b) a notice stating the following information—\n(i) the reason for the making of the order;\n(ii) that the order may allow the relevant\nlessor to terminate the lease of the\npremises under section 209CC;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 27\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(iii) that the relevant lessor may be liable\nfor an offence under section 209CE or\na civil penalty under section 209CF.\n(3) Subsection (2) does not apply if the chief\nexecutive is satisfied it is not reasonably\npracticable to give the documents.\n209CC Relevant lessor may terminate lease of\npremises subject to closure order\n(1) This section applies if—\n(a) a closure order is made in relation to\npremises; and\n(b) the premises are subject to a lease.\n(2) The relevant lessor of the premises may terminate\nthe lease of the premises by giving the lessee a\nnotice (the termination notice) stating that the\nlease is terminated on a stated day (the\ntermination day).\n(3) The termination day must be at least 14 days after\nthe day the relevant lessor gives the lessee the\ntermination notice.\n(4) The termination notice must—\n(a) be in the approved form; and\n(b) be given before the end of the closure order.\n(5) Subsection (2) applies—\n(a) despite any other Act or anything to the\ncontrary in the lease or another agreement or\narrangement; and\n(b) even if the closure order is subsequently\nrevoked, found to have been wrongfully\nmade or found by a court to be invalid.\n(6) The termination is taken—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 28\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(a) to be a termination of the lease for a\nrepudiation of the lease by the lessee; and\n(b) to preserve the rights and powers of the\nrelevant lessor in relation to a repudiation of\nthe lease by the lessee, including, for\nexample, the right to claim damages or a\nrental bond.\n(7) The relevant lessor—\n(a) is not liable for damages or compensation,\non any ground, to any person in relation to\nthe termination of the lease under this\nsection; and\n(b) may enter, and take possession of, the\npremises after the termination of the lease\nunder this section.\n(8) The lessee is not entitled to bring a proceeding\nagainst either of the following persons, on any\nground, in relation to the termination of the lease\nunder this section—\n(a) the relevant lessor;\n(b) a person, including, for example, a head\nlessor, who leases the premises to a person\nwho is not occupying the premises for the\npurpose of conducting a tobacco business at\nthe premises.\n(9) Without limiting subsection (8), the following\nprovisions do not apply in relation to the\ntermination—\n(a) the Property Law Act 2023, part 9, division\n5;\n(b) the Retail Shop Leases Act 1994, part 8;\n(c) the Small Business Commissioner Act 2022,\npart 3.\n(10) Subsection (8) does not prevent a lessee from\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 29\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nbringing a proceeding against the relevant lessor\non a ground unrelated to the termination of the\nlease under this section, including, for example, a\nproceeding in relation to a breach of the lease by\nthe relevant lessor before the termination of the\nlease under this section.\n(11) If a lease is terminated under this section and the\nlessee has not removed the lessee’s property from\nthe premises under the lease, the relevant lessor\nmay deal with the property as the relevant lessor\nconsiders appropriate, including, for example, by\ndisposing of the property.\n(12) This section does not limit or affect any other\npower of the relevant lessor to terminate the lease\nor deal with property not removed from the\npremises.\n209CD Ending of closure order if lease ends\n(1) If a lease of premises subject to a closure order\nends—\n(a) the order ends when the lease ends; and\n(b) if the relevant lessor of the premises has\nbeen given a copy of the order under section\n209CB(2)—the relevant lessor must give the\nchief executive a notice stating the lease of\nthe premises has ended within 7 days after\nthe end of the lease.\n(2) However, if the premises are leased to the same\nlessee in the period stated in the closure order, the\norder is reinstated and ends on the last day of the\nperiod stated in the order.\n(3) A person must comply with a requirement to give\na notice under subsection (1)(b) unless the person\nhas a reasonable excuse.\nMaximum penalty—10 penalty units.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 30\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n209CE Offence of permitting premises to be used\nto supply or possess illicit tobacco or illicit\nnicotine products\n(1) A relevant lessor of premises must not permit\nanother person to use the premises for the supply\nor possession of illicit tobacco or illicit nicotine\nproducts as part of a business activity.\nMaximum penalty—1,000 penalty units or 1\nyear’s imprisonment, or both.\n(2) A person commits an offence under subsection (1)\nonly if the person knowingly permits another\nperson to use the premises for the supply or\npossession of illicit tobacco or illicit nicotine\nproducts as part of a business activity.\nNote—\nCivil proceedings may be taken under section 209CF in\nrelation to a contravention of subsection (1).\n(3) It is a defence to a charge under subsection (1) if\nthe relevant lessor has a reasonable excuse for\npermitting the person to use the premises for the\nsupply or possession of illicit tobacco or illicit\nnicotine products as part of a business activity.\n(4) The relevant lessor bears an evidential burden in\nrelation to the matter mentioned in subsection (3).\n209CF Civil penalty for contravention by relevant\nlessor\n(1) The chief executive may apply to the court for an\norder under this section if the chief executive is\nreasonably satisfied a relevant lessor has\ncontravened section 209CE(1).\n(2) If the court is satisfied the relevant lessor has\ncontravened section 209CE(1), the court may\nmake—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 31\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(a) an order that the relevant lessor pay the State\nas a civil penalty—\n(i) if the relevant lessor is an\nindividual—an amount of not more\nthan the amount that is equivalent to\n1,000 penalty units; or\n(ii) if the relevant lessor is a\ncorporation—an amount of not more\nthan the amount that is equivalent to\n5,000 penalty units; and\n(b) any other order the court considers\nappropriate.\n(3) In deciding whether a relevant lessor has\ncontravened section 209CE(1), the court may\nhave regard to the following—\n(a) whether there is a pattern of supply or\npossession of illicit tobacco or illicit\nnicotine products at the premises;\n(b) whether the chief executive has notified the\nrelevant lessor that 1 or more closure orders\nhave been made in relation to the premises;\n(c) whether the relevant lessor and the person\nusing the premises have an arm’s length\nrelationship;\n(d) whether the rent for the premises is\nsignificantly above market value or paid\nwell in advance;\n(e) whether the lease is in writing;\n(f) whether the relevant lessor has taken steps\nto terminate the lease of the premises or\notherwise prevent the supply or possession\nof illicit tobacco or illicit nicotine products\nat the premises.\n(4) However, the court must not make an order under\nsubsection (2) against the relevant lessor if the\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n\nPage 32\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nrelevant lessor has a reasonable excuse for\npermitting the person to use the premises for the\nsupply or possession of illicit tobacco or illicit\nnicotine products as part of a business activity.\n(5) The relevant lessor bears an evidential burden in\nrelation to the matter mentioned in subsection (4).\n(6) The court must apply the rules of evidence and\nprocedure for civil proceedings when hearing a\nproceeding under this section.\n(7) Evidence or information acquired under this Act\nin relation to an offence against section 209CE,\nincluding, for example, under a warrant issued\nunder section 184 or under section 215A, is\nadmissible in a proceeding under this section.\n(8) A contravention of section 209CE(1) found under\nthis section is not an offence.\n(9) An application for an order in relation to a\ncontravention of section 209CE(1) must be made\nwithin 2 years after the contravention or alleged\ncontravention first comes to the notice of the chief\nexecutive.\n209CG Civil proceeding stayed during criminal\nproceeding\n(1) A proceeding against a person for a contravention\nof section 209CE(1) is stayed if—\n(a) a criminal proceeding is or has commenced\nagainst the person for an offence against\nsection 209CE; and\n(b) the offence against section 209CE is\nconstituted by conduct that is substantially\nthe same as the conduct alleged to constitute\nthe contravention of section 209CE(1).\n(2) The proceeding for a contravention of section\n209CE(1) may be resumed if the person is not\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 33\nAuthorised by the Parliamentary Counsel\n[s 26]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nconvicted of the offence against section 209CE.\n(3) Otherwise, the proceeding for the contravention\nof section 209CE(1) is dismissed.\n(4) In this section—\nconvicted, of an offence, includes a plea of guilty\nor a finding of guilt by a court even though a\nconviction is not recorded.\n209CH No criminal proceeding after successful\ncivil proceeding\nA criminal proceeding for an offence against\nsection 209CE may not be commenced against a\nperson for conduct that is substantially the same\nas conduct in relation to which an order has been\nmade against the person under section 209CF(2).\n209CI Evidence given by individual in civil\nproceeding not admissible in criminal\nproceeding\n(1) Evidence of information given, or evidence of\nproduction of documents, by an individual is not\nadmissible in a criminal proceeding for an offence\nagainst the individual if the individual previously\ngave the information or produced the documents\nin a civil proceeding against the individual for a\ncontravention of section 209CE(1) (whether or\nnot an order under section 209CF(2) was made).\n(2) However, subsection (1) does not apply to a\ncriminal proceeding in relation to the falsity of\nevidence given by an individual in a civil\nproceeding for a contravention of section\n209CE(1).\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 34\nAuthorised by the Parliamentary Counsel\n[s 27]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n27 Amendment of s 212 (Power to require production of\nwritten acknowledgement)\n(1) Section 212, heading, ‘written’—\nomit.\n(2) Section 212(2) to (6)—\nomit, insert—\n(2) A written acknowledgement may be an electronic\ndocument but only if the acknowledgement\ncontains a unique identifier for the person giving\nthe acknowledgement.\n(3) If a written acknowledgment is in hard copy form,\nan authorised person—\n(a) may keep the acknowledgement to copy the\nacknowledgement; and\n(b) may require the supplier or person in charge\nof the tobacco product vending machine to\ncertify the copy as a true copy of the\nacknowledgement; and\n(c) must return the acknowledgement as soon as\npracticable after copying the\nacknowledgement.\n(4) Despite subsection (3)(c), if a requirement is\nmade of a person under subsection (3)(b), the\nauthorised person may keep the\nacknowledgement until the person complies with\nthe requirement.\n(3) Section 212(7)—\ninsert—\ndigital signature means encrypted electronic or\ncomputer data intended for the exclusive use of a\nparticular person as a means of identifying the\nperson as the signer of an electronic document.\nunique identifier, for a person, includes the\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 35\nAuthorised by the Parliamentary Counsel\n[s 28]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nfollowing—\n(a) a digital signature of the person;\n(b) an identifying number for the person.\n(4) Section 212(7)—\nrenumber as section 212(5).\n28 Amendment of s 213 (Failure to produce\nacknowledgement)\nSection 213—\ninsert—\n(3) In this section—\nacknowledgement production requirement\nmeans a requirement made under section 212(1).\n29 Amendment of s 214 (Failure to certify copy of\nacknowledgement)\nSection 214—\ninsert—\n(2) In this section—\nacknowledgement certification requirement\nmeans a requirement made under section\n212(3)(b).\n30 Amendment of s 215 (Power to require information)\n(1) Section 215, heading, after ‘information’—\ninsert—\nabout offence\n(2) Section 215(2), from ‘at a’—\nomit, insert—\n1\n2\n3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\nClause 13\n14\n15\n16\n17\n18\n19\n20\nClause 21\n22\n23\n24\n25\n26\n\nPage 36\nAuthorised by the Parliamentary Counsel\n[s 31]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nwithin a stated reasonable period.\n(3) Section 215—\ninsert—\n(5) In this section—\ninformation includes a document.\n31 Insertion of new s 215A\nAfter section 215—\ninsert—\n215A Power to require information relevant to\nmonitoring or enforcement of particular\nprovisions\n(1) This section applies if an authorised person\nreasonably believes a person may be able to give\ninformation relevant to the monitoring or\nenforcement of section 65, 66, 67, 161, 161A or\n209CE.\n(2) The authorised person may, by written notice\ngiven to the person, require the person to give the\nauthorised person information relevant to the\nmonitoring or enforcement of the provision\nwithin a stated reasonable period.\n(3) The person must comply with a requirement\nunder subsection (2), unless the person has a\nreasonable excuse.\nMaximum penalty—100 penalty units.\n(4) It is a reasonable excuse for an individual to fail to\ngive information if giving the information might\ntend to incriminate the individual.\n(5) To remove any doubt, it is declared that this\nsection is not limited by, and does not limit,\nsection 215.\n(6) In this section—\n1\n2\n3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Page 37\nAuthorised by the Parliamentary Counsel\n[s 32]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\ninformation includes a document.\n32 Amendment of s 219 (Compensation)\n(1) Section 219—\ninsert—\n(2A) Despite subsection (1), a person may claim\ncompensation for loss or expense incurred\nbecause of the exercise or purported exercise of a\npower to make a closure order only if—\n(a) the order is revoked; or\n(b) the order is found to have been wrongfully\nmade; or\n(c) the order is found by a court to be invalid.\n(2) Section 219(2A) to (4)—\nrenumber as section 219(3) to (5).\n33 Amendment of s 224 (Definition for division)\nSection 224, definition forfeiture decision, paragraph (b), after\n‘pipe’—\ninsert—\n, or a component of a bong or ice pipe,\n34 Insertion of new s 229A\nAfter section 229—\ninsert—\n229A Evidentiary provisions\n(1) In a proceeding under or in relation to this Act, a\ncertificate purporting to be signed by the chief\nexecutive and stating any of the following matters\nis evidence of the matter—\n1\nClause 2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\nClause 15\n16\n17\n18\n19\nClause 20\n21\n22\n23\n24\n25\n26\n27\n\nPage 38\nAuthorised by the Parliamentary Counsel\n[s 34]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(a) a stated document is any of the following—\n(i) a retail licence;\n(ii) a retail licence (liquor);\n(iii) a wholesale licence;\n(iv) a notice, direction, order or other\ndocument given by the chief executive\nor another entity under this Act;\n(v) an approved form;\n(vi) an identity card;\n(vii) a document given to the chief executive\nunder this Act;\n(b) a stated document is a copy of, or an extract\nfrom or part of, a document mentioned in\nparagraph (a);\n(c) on a stated day, or during a stated period, a\nperson’s appointment as an authorised\nperson, a controlled purchase officer or a\nchief executive officer was, or was not, in\neffect;\n(d) on a stated day, or during a stated period, an\nauthorisation under section 208B of a\ncontrolled purchase operation was, or was\nnot, in effect;\n(e) on a stated day, or during a stated period, a\nvariation under section 208E of an\nauthorisation of a controlled purchase\noperation was, or was not, in effect;\n(f) on a stated day, or during a stated period, an\nauthorised person was authorised to\nsupervise a controlled purchase operation;\n(g) on a stated day, or during a stated period, a\nretail licence, retail licence (liquor) or\nwholesale licence—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 39\nAuthorised by the Parliamentary Counsel\n[s 35]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(i) was or was not in effect; or\n(ii) was or was not subject to a stated\ncondition;\n(h) on a stated day, a retail licence, retail licence\n(liquor) or wholesale licence was suspended\nfor a stated period or cancelled;\n(i) on a stated day, a stated person was given a\nstated notice, direction, order or other\ndocument under this Act;\n(j) on a stated day, a stated requirement was\nmade of a stated person;\n(k) on a stated day, a stated amount was payable\nunder this Act by a stated person and has not\nbeen paid;\n(l) that a stated method of storage,\npreservation, handling or transportation of a\nthing, or a sample of or from a thing, taken\nunder this Act has not materially affected\nthe attributes of the thing or sample.\n(2) In a proceeding for an offence in which an\napplication is made under section 223A to recover\ncosts incurred by the State because of the offence,\na certificate purporting to be signed by the chief\nexecutive stating that stated costs were incurred\nand the way in which, and purpose for which, the\nstated costs were incurred is evidence of the\nmatters stated.\n35 Replacement of s 230A (Liability of executive\nofficer—offence committed by corporation against\nexecutive liability provision)\nSection 230A—\nomit, insert—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\nClause 28\n29\n30\n31\n32\n\nPage 40\nAuthorised by the Parliamentary Counsel\n[s 35]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n230A Liability of executive officer—offence\ncommitted by corporation against executive\nliability (evidential burden) provision\n(1) If a corporation commits an offence against an\nexecutive liability (evidential burden) provision,\neach executive officer of the corporation is taken\nto have also committed an offence against the\nprovision.\nMaximum penalty—the penalty for a\ncontravention of the executive liability (evidential\nburden) provision by an individual.\n(2) However, the executive officer is not taken to\nhave also committed an offence against the\nexecutive liability (evidential burden) provision\nif—\n(a) firstly, the officer satisfies the evidential\nburden of showing that—\n(i) the officer did not know, and could not\nreasonably have been expected to have\nknown, of the corporation’s conduct\nconstituting its offence against the\nexecutive liability (evidential burden)\nprovision; or\n(ii) the officer took all reasonable steps to\nensure the corporation did not engage\nin the conduct constituting its offence\nagainst the executive liability\n(evidential burden) provision; and\n(b) secondly, the officer having complied with\nparagraph (a), the prosecution does not\nprove the contrary beyond reasonable doubt.\n(3) In deciding whether things done or omitted to be\ndone by the executive officer constitute\nreasonable steps for subsection (2)(a)(ii), a court\nmust have regard to whether the officer was in a\nposition to influence the corporation’s conduct in\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n36\n\nPage 41\nAuthorised by the Parliamentary Counsel\n[s 36]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nrelation to its offence against the executive\nliability (evidential burden) provision.\n(4) The executive officer may be proceeded against\nfor, and convicted of, an offence against the\nexecutive liability (evidential burden) provision\nwhether or not the corporation has been\nproceeded against for, or convicted of, its offence\nagainst the executive liability (evidential burden)\nprovision.\n(5) This section does not affect either of the\nfollowing—\n(a) the liability of the corporation for its offence\nagainst the executive liability (evidential\nburden) provision;\n(b) the liability, under the Criminal Code,\nchapter 2, of any person, whether or not the\nperson is an executive officer of the\ncorporation, for the corporation’s offence\nagainst the executive liability (evidential\nburden) provision.\n(6) In this subsection—\nexecutive liability (evidential burden) provision\nmeans any of the following provisions—\n(a) section 65;\n(b) section 66;\n(c) section 67;\n(d) section 161;\n(e) section 161A.\n36 Amendment of s 231 (Act does not create or preserve\nright to smoke)\nSection 231(1), ‘in or’—\nomit.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\nClause 29\n30\n31\n32\n\nPage 42\nAuthorised by the Parliamentary Counsel\n[s 37]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n37 Amendment of s 242B (Application of amended s 208)\nSection 242B—\ninsert—\nNote—\nSection 208 was relocated and renumbered as section\n202B by the Health Legislation Amendment Act 2025.\n38 Insertion of new pt 13, div 4\nPart 13—\ninsert—\nDivision 4 Transitional provisions for\nTobacco and Other\nSmoking Products\n(Dismantling Illegal Trade)\nand Other Legislation\nAmendment Act 2025\n243 Definition for division\nIn this division—\nnew, in relation to a provision of this Act, means\nthe provision as in force from the commencement.\n244 Notification of particular events\n(1) New section 47 applies in relation to a licensee\nonly if the licensee’s licence was issued after the\ncommencement.\n(2) Despite the amendment of section 47 by the\nTobacco and Other Smoking Products\n(Dismantling Illegal Trade) and Other\nLegislation Amendment Act 2025, former section\n47 continues to apply in relation to a licensee\nClause 1\n2\n3\n4\n5\n6\nClause 7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 43\nAuthorised by the Parliamentary Counsel\n[s 38]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nwhose licence was issued before the\ncommencement.\n(3) In this section—\nformer section 47 means section 47 as in force\nimmediately before the commencement.\n245 Proceedings for particular offences\n(1) This section applies in relation to an offence\nagainst former section 158, 159, 209C or 230A\ncommitted by a person before the\ncommencement.\n(2) Without limiting the Acts Interpretation Act 1954,\nsection 20, a proceeding for the offence may be\ncontinued or started, and the person may be\nconvicted of and punished for the offence, as if\nnew section 158, 159, 209C or 230A had not\ncommenced.\n(3) Subsection (2) applies despite the Criminal Code,\nsection 11.\n(4) In this section—\nformer section 158, 159, 209C or 230A means\nsection 158, 159, 209C or 230A of this Act as in\nforce from time to time before the\ncommencement.\n246 Application for long-term closure order made\nbefore commencement\n(1) A long-term closure order made after the\ncommencement on an application under former\nsection 209B made before the commencement is\ntaken to be a long-term closure order under this\nAct.\n(2) In this section—\nformer section 209B means section 209B of this\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 44\nAuthorised by the Parliamentary Counsel\n[s 39]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nAct as in force from time to time before the\ncommencement.\n247 New provisions applying to relevant lessors\n(1) New part 11, division 4A, subdivision 3 applies in\nrelation to a lease under new section 209CA\nwhether the lease was entered into before or after\nthe commencement.\n(2) However, new part 11, division 4A, subdivision 3\napplies in relation to a closure order only if the\norder is made after the commencement.\n248 New evidentiary provisions\nNew section 229A applies in relation to a\nproceeding—\n(a) whether the proceeding was started before\nor after the commencement; and\n(b) whether the offence or contravention, if any,\nrelating to the proceeding was committed\nbefore or after the commencement.\n39 Amendment of sch 1 (Dictionary)\n(1) Schedule 1, definitions acknowledgement certification\nrequirement, acknowledgement production requirement and\npremises—\nomit.\n(2) Schedule 1—\ninsert—\nABN means the ABN under the A New Tax\nSystem (Australian Business Number) Act 1999\n(Cwlth), section 41.\nat, a place, includes in or on the place.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\nClause 19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 45\nAuthorised by the Parliamentary Counsel\n[s 39]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\nclosure order means—\n(a) a short-term closure order; or\n(b) a long-term closure order.\ncomponent—\n(a) of a bong, see section 159(4); or\n(b) of an ice pipe, see section 158(4); or\n(c) of a hookah, includes a base, bowl, diffuser,\ngrommet, hose, mouthpiece, stem, tray and\nvalve.\ncompromised goods, for part 11, division 4, see\nsection 194A.\ncontrolled purchase officer see section 208.\ncontrolled purchase operation see section\n208B(1).\nidentity card means an identity card issued to an\nauthorised person under section 173.\ninfringement notice, for part 11, division 4A,\nsubdivision 2, see section 209A.\nlease, for part 11, division 4A, subdivision 3, see\nsection 209CA.\nlong-term closure order see section 209BA(1).\nmobile premises, for part 11, division 4A,\nsubdivision 2, see section 209A.\npremises—\n(a) generally, includes—\n(i) a building or other structure; and\n(ii) a part of a building or other structure;\nand\n(iii) land where a building or other structure\nis situated; and\n(iv) a vehicle; or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 46\nAuthorised by the Parliamentary Counsel\n[s 39]\nTobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation\nAmendment Bill 2025\nPart 3 Amendment of Tobacco and Other Smoking Products Act 1998\n(b) for part 11, division 4A, subdivision 3, see\nsection 209CA.\nprescribed offence, for part 11, division 4AA, see\nsection 208.\nprevious enforcement action, for part 11,\ndivision 4A, subdivision 2, see section 209A.\nrelevant lessor, for part 11, division 4A,\nsubdivision 3, see section 209CA.\nseized thing means a thing seized under section\n197 or 198.\nshort-term closure order see section 209B(1).\ntobacco business, for part 11, division 4A,\nsubdivision 3, see section 209CA.\n© State of Queensland 2025\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13","sortOrder":3}],"analysis":{"summary":{"status_summary":"The Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 received royal assent and is now law, with most provisions commencing on assent or as specified in the Act.","complexity_score":8,"likely_questions":["How do I know if my current lease is affected by the new lessor obligations, and what steps should I take as a lessor to avoid liability?","What exactly constitutes 'illicit tobacco' or 'illicit nicotine products' under the amended Act, and how can I verify whether products I supply are legal?","Under what circumstances can the chief executive issue a short-term closure order against my premises, and what is the process for appealing or revoking such an order?","If I am a lessee and my lessor terminates my lease under the new provisions, what rights do I have to challenge the termination or seek compensation?","What are the specific training and qualification requirements for someone to be authorised as a controlled purchase officer, and who oversees these operations?","How will the new information-gathering powers under section 215A be used in practice, and what protections exist against self-incrimination?","What records do I need to keep to demonstrate compliance with the new invoice retention and notification requirements, and what are the penalties for non-compliance?"],"complexity_factors":["Introduces multiple new enforcement mechanisms (controlled purchase operations, two-tier closure orders, expanded forfeiture) each with detailed procedural requirements and definitions","Creates a new legal framework imposing obligations and penalties on property lessors, including the ability to terminate leases and civil/criminal liability for permitting illicit use","Amends numerous existing sections of the Tobacco and Other Smoking Products Act 1998 with complex cross-references, renumbering, and transitional provisions","Includes extensive evidentiary provisions allowing chief executive certificates to prove a wide range of matters, reducing the burden of proof in enforcement proceedings","Requires understanding of interactions between the Act and other Queensland laws (e.g., Property Law Act, Retail Shop Leases Act, Criminal Code)","Contains detailed definitions and exceptions that affect the scope of offences and powers, such as the definition of 'compromised goods' and 'relevant lessor'","Provides protection from criminal responsibility for controlled purchase officers and special rules for evidence admissibility, adding legal complexity","Transitional provisions differentiate between new and existing licences and proceedings, creating two parallel regimes for a period"],"plain_english_summary":"The Act tightens Queensland’s response to illicit tobacco and nicotine: it authorises supervised controlled purchase operations, expands short‑ and long‑term closure orders, creates civil and criminal liabilities (and termination rights) for lessors, tightens licence, occupancy and wholesaler record rules, and broadens seizure, forfeiture and evidentiary powers and penalties. \n\nIt chiefly affects retailers, wholesalers and property lessors (raising compliance costs and legal risk) while giving enforcement agencies stronger tools to disrupt illegal supply."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Bill materially broadens the original regulatory scope. The Tobacco and Other Smoking Products Act previously focused mainly on licensing, product standards and location-based controls. This version adds a substantial enforcement architecture: (1) investigatory tools (controlled purchase operations, ss 208–208J); (2) expanded seizure and administrative forfeiture powers including of \"compromised goods\" without procedural fairness (ss 197–198, 205BA); (3) administrative closure regimes and magistrate-ordered long-term closures (ss 209B, 209BA); and (4) a novel regime targeting lessors with quick lease-termination rights and new civil/criminal liabilities (ss 209CB–209CF). Together these measures move the Act well beyond licensing and product controls into strong enforcement, property/lease‑law interaction and investigatory policing functions, substantially changing the law’s operational footprint and the set of actors (landlords, corporate executives, and administrative officers conducting controlled purchases) directly affected."},"complexity_factors":["Extensive insertion of a new division for controlled purchase operations (ss 208–208J) with multiple conditions, authorisation, supervisory and evidence rules","New subdivision addressing closure orders and a separate long-term magistrate process (ss 209B, 209BA) plus cross-references to short-term/long-term rules","Introduction of a detailed lessor regime (ss 209CA–209CI) that overrides and interacts with existing property, retail lease and small business laws","Multiple new and amended seizure and forfeiture provisions, including definition of \"compromised goods\" and a forfeiture power exercisable without procedural fairness (ss 194A, 197–198, 205BA)","Replacement of executive officer liability rules with evidential-burden mechanics (s 230A replacement), increasing legal complexity for corporations","New evidentiary certificate provisions (s 229A) shifting evidentiary burdens in proceedings","Several new information‑gathering powers and notice/record-keeping requirements with specified penalties (ss 215A, 49(2A), 47), increasing compliance obligations","Transitional provisions that differentiate application to licences, proceedings and leases existing before commencement (pt 13 div 4)","Multiple cross-references, re-numberings and relocated provisions (eg renumbered sections, notes about relocation) increasing navigation difficulty","Mixed use of criminal offences, civil penalties and administrative remedies across related facts increases conditional logic and potential for inconsistent procedural paths"],"plain_english_summary":"**What this Bill changes (mechanically)\n\n- Strengthens enforcement paperwork and record-keeping for tobacco licences. Applicants and licence-holders must supply an ABN, identify outlet locations and lessor details, and keep invoices for 2 years (ss 18, 47, 49(2A)).\n\n- Creates and raises specific infringement penalties (adds offences under the State Penalties Enforcement Regulation linked to s 49 and s 209C of the Act).\n\n- Tightens prohibitions on commercial dealing with smoking paraphernalia. Supplying, displaying, storing or otherwise possessing bongs or ice pipes as part of a business activity becomes an express offence with a high maximum penalty; components are explicitly captured (ss 158–160, 159(1)).\n\n- Expands authorised-entry and seizure powers. Authorised officers may enter wholesale outlets when open (s 181), may seize \"compromised goods\" (defined at s 194A) found where illicit tobacco/illicit nicotine products are seized (ss 197–198), and the chief executive can forfeit compromised goods (s 205BA). The forfeiture power for compromised goods is exercisable without procedural fairness (s 205BA(2)).\n\n- Introduces formal \"controlled purchase operations\" (s 208 et seq.). The chief executive may authorise trained public service or health employees as controlled purchase officers (s 208A) and may authorise operations that provide a person an opportunity to commit specified offences (s 208B). The scheme sets supervision, written-authority requirements, limits (duration, places, types of purchases), immunity from criminal responsibility for authorised conduct (s 208G), and rules on admissibility of evidence gathered (s 208J).\n\n- Adds short-term (chief executive) and long-term (magistrate) closure orders for premises involved in illicit tobacco/nicotine supply (ss 209B, 209BA). Short-term orders last up to 90 days; long-term orders up to 1 year. Closure orders can prohibit all products/services and opening the premises (amended s 209C).\n\n- Creates new rules that affect lessors (landlords) of premises used by illicit tobacco businesses. The chief executive must notify a \"relevant lessor\" of a closure order (s 209CB). A relevant lessor may terminate the lessee's lease on short notice (minimum 14 days) if a closure order applies (s 209CC). The lessor is protected from compensatory claims for doing so (s 209CC(7)–(9)). The Bill also creates a criminal offence and a separate civil-penalty regime for relevant lessors who knowingly permit premises to be used for illicit tobacco/nicotine supply (ss 209CE–209CF).\n\n- Introduces specific evidentiary certificates signed by the chief executive to be treated as evidence of administrative facts (s 229A).\n\n- Replaces and clarifies corporate executive liability (s 230A) so that when a corporation commits certain listed offences (eg sections 65, 66, 67, 161, 161A), each executive officer is taken also to have committed the offence unless the officer meets an evidential burden and then the prosecution disproves beyond reasonable doubt (s 230A as replaced).\n\n- Adds powers to require information relevant to monitoring and enforcement (s 215A) with a penalty but preserves an individual's right to refuse on self‑incrimination grounds (s 215A(4)).\n\n- Adds transitional provisions to set how the new rules apply to licences, existing proceedings, and leases opened before commencement (pt 13 div 4).\n\n\nWho this affects and why it matters\n\n- Licence-holders and applicants for retail or wholesale tobacco licences: additional application data (ABN, proof of entitlement to occupy), stronger record-keeping (invoices, notifications of lessor changes), and wider exposure to enforcement (ss 18, 47, 49).\n\n- Retail and wholesale businesses (including small retailers): risk of short-term or long-term closure (ss 209B, 209BA); tighter prohibitions on selling or even holding some paraphernalia where business activity is involved (ss 158–160).\n\n- Lessors/landlords of premises used for tobacco-related businesses: new notice obligations (s 209CB); power to terminate leases quickly (s 209CC); exposure to a criminal offence (s 209CE) if they \"knowingly permit\" illicit supply and to civil penalties (s 209CF) if the chief executive establishes contravention. The Bill also curtails lessees' civil remedies against lessors for termination under the new section (s 209CC(8)–(9)).\n\n- Corporations and their executive officers: replaced executive-liability rules increase the evidential burden on officers to show they took reasonable steps; potential personal liability flows from corporate contraventions (s 230A replacement).\n\n- Public service and health employees authorised as controlled purchase officers and the administering agency: new operational responsibilities and training obligations; the agency decides scope and authorises operations (ss 208A–208D, 208C(1)(2), 208B(2)(f)).\n\n- Individuals supplying or possessing illicit tobacco or illicit nicotine products: greater risk of seizure, forfeiture and business closure interventions (parts 11 and 13 amendments).\n\n\nStated purpose (and how the law achieves it)\n\n- The Bill's titled purpose is to \"dismantle illegal trade\" in tobacco and nicotine products. Mechanically, it pursues that aim by: (a) expanding investigatory and seizure powers (ss 197–198, 205BA), (b) creating controlled purchase operations to gather evidence (ss 208–208J), (c) enabling temporary and extended closures of premises used for illicit trade (ss 209B, 209BA), (d) imposing obligations and penalties on licence-holders and lessors to disrupt premises used for illicit supply (ss 49, 209CB–209CF), and (e) strengthening evidentiary mechanisms to support prosecutions (s 229A).\n\n\nCosts, incentives and trade-offs (implementation risks and likely behavioural effects)\n\n- Compliance and administrative costs: licence applicants and holders must provide more identifying information (ABN, lessor details) and retain invoices for at least 2 years (ss 18, 49(2A)). Firms will need administrative systems to store and retrieve records and to notify changes to licences (s 47). Corporations will likely face higher compliance and legal-advice costs because of the expanded executive liability regime (s 230A).\n\n- Incentives on lessors: the ability to terminate leases quickly (s 209CC) combined with criminal (s 209CE) and civil (s 209CF) exposure creates an incentive for lessors to vet tenants more strictly, refuse higher‑risk tenants, or increase rent to cover perceived liability. The statutory protection that prevents lessees suing lessors for termination under the new section (s 209CC(8)–(9)) reduces lessor risk of liability but shifts business interruption risk to lessees.\n\n- Due‑process and property risks: the chief executive may forfeit \"compromised goods\" without providing procedural fairness (s 205BA(2)). That is a clear trade-off: faster administrative forfeiture against limits on the affected person's procedural rights. Seizure powers for compromised goods are broadened (ss 197–198). Those changes increase administrative discretion and may raise litigation risk if affected parties challenge forfeiture or seizure.\n\n- Entrapment and operational risk with controlled purchases: the Bill authorises the chief executive to create operations that deliberately create an opportunity to commit a prescribed offence (s 208B(1)). The statute contains safeguards—conditions to avoid inducing offences (s 208B(2)(c)), supervision (s 208C), training (s 208B(2)(f)), and a prohibition on criminal responsibility for authorised conduct (s 208G)—but operational mistakes (poor training, inadequate supervision, poorly drafted authorities) could lead to evidence being excluded, civil claims, or safety incidents (s 208I, 208G). Evidence is admissible even if obtained during an unlawful act if authorised under this division (s 208J), which shifts the evidentiary balance in prosecutions.\n\n- Disruption to legitimate businesses and community services: closure orders can cover all products and services at a premises (amended s 209C). While the chief executive and magistrate must consider community access to essential goods/services (ss 209B(2)(b), 209BA(2)(b)), closures may nevertheless interrupt legitimate businesses operating from the same premises or shopping strips, with economic knock‑on effects.\n\n- Risk of substitution or displacement: tighter rules for physical retail outlets and increased enforcement may push illicit suppliers online, into informal markets, or beyond state borders. The Bill authorises controlled officers to access websites and online platforms as part of operations (s 208D(2)(g)), which partly anticipates displacement to online sales.\n\n- Concentrated versus diffuse effects: benefits (disruption/suppression of identified illicit supply chains) are likely concentrated on enforcement agencies and certain legitimate retailers who comply; costs (compliance, legal risk, reduced tenancy options) are spread across many licence-holders, lessors and small businesses.\n\n- Bureaucratic discretion and capacity demands: the chief executive holds substantial discretionary power—authorising controlled purchase officers (s 208A), operations (s 208B), seizing goods (ss 197–198), forfeiting goods (s 205BA), and making short‑term closure orders (s 209B). Effective, proportionate exercise of those powers depends on agency capacity, training and clear internal policy.\n\n\nPractical day-to-day effects (who pays, who decides, what changes in behaviour)\n\n- Who decides: the chief executive (administrative authority) gains significant new operational discretion (ss 208A–208B, 209B, 205BA). Magistrates decide long-term closure orders (s 209BA).\n\n- Who pays: licence-holders and businesses bear most compliance and operational costs (application data, storage of invoices, potential business interruption). Lessors bear transactional and legal costs of tenant vetting and possible lease termination, and risk civil or criminal liability if they \"knowingly\" permit illicit trade (ss 209CE–209CF). Corporations and their executives face increased compliance and potential personal legal exposure (s 230A).\n\n- Behaviour changes likely: stricter tenant screening by lessors; tighter inventory and invoice controls by licence‑holders; potentially more conservative leasing of retail premises; agencies conducting controlled purchases and using seizure/forfeiture and closure as enforcement levers; possible movement of illicit supply into non‑physical channels.\n\n\nImplementation and legal risks to monitor\n\n- Training and oversight for controlled purchase officers and supervisors to avoid operations that induce crime (s 208B(2)(c)) or endanger safety (s 208B(2)(d)).\n- Legal challenges to forfeiture without procedural fairness (s 205BA(2)) and to the scope of seizure of \"compromised goods\" (s 194A).\n- Litigation over lessor civil penalties and the standard for \"knowingly permitting\" (s 209CE(2)); operational questions about what constitutes a \"reasonable excuse\" (s 209CE(3)) and the evidential burdens (ss 209CE(4), 209CF(5)).\n- Practical burden on small businesses to comply with recordkeeping and notification requirements (ss 18, 47, 49(2A)).\n\n\nBottom line (mechanical summary)\n\nThis Bill shifts the Tobacco and Other Smoking Products Act 1998 from primarily licensing and product rules toward a stronger enforcement and investigatory regime. It adds controlled purchase powers, expands seizure/forfeiture and closure tools, imposes new landlord-facing mechanisms that enable quick lease termination and civil/criminal exposure, tightens record-keeping and evidentiary mechanisms, and recalibrates corporate and executive liability. Those changes increase administrative discretion and enforcement capability while imposing compliance, legal and commercial risks on licence-holders, lessors and corporate officers. (Key provisions: ss 18, 47, 49(2A), 158–160, 181, 194A, 197–198, 205BA, 208–208J, 209B–209CI, 215A, 229A, 230A.)"}},"importantCases":[],"_links":{"self":"/api/acts/tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025","history":"/api/acts/tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025/history","analysis":"/api/acts/tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025/analysis","conflicts":"/api/acts/tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025/conflicts","importantCases":"/api/acts/tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025/important-cases","documents":"/api/acts/tobacco-and-other-smoking-products-dismantling-illegal-trade-and-other-legislation-amendment-bill-2025/documents"}}