{"id":"qld:sl-2021-0111","name":"Tobacco and Other Smoking Products Regulation 2021","slug":"tobacco-and-other-smoking-products-regulation-2021","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"111 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173906,"registerId":"qld-sl-2021-0111-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Tobacco and Other Smoking Products Regulation 2021 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation, other than part 7 , commences on 1 September 2021.\nPart 7 commences on 1 March 2022.\n(sec.2-ssec.1) This regulation, other than part 7 , commences on 1 September 2021.\n(sec.2-ssec.2) Part 7 commences on 1 March 2022.","sortOrder":2},{"sectionNumber":"pt.1A","sectionType":"part","heading":"Retail and wholesale licences","content":"# Retail and wholesale licences","sortOrder":3},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Approved copy of retail or wholesale licence— Act , s 48","content":"### sec.2A Approved copy of retail or wholesale licence— Act , s 48\n\nFor section 48 (5) of the Act , definition approved copy , paragraph (a) , the following requirements are prescribed—\nthe symbols, images or words displayed on the copy of the licence must be in black on a white background;\nthe copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ;\nif the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.\nFor section 48 (5) of the Act , definition approved copy , paragraph (b) , the following information is prescribed—\nif the licensee displays a copy of the licence that contains extracts from the licence—the following information—\nfor a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;\nfor a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;\nfor a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;\nthe unique identification number of the licence;\na link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;\nif the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.\ns 2A ins 2023 SL No. 82 s 7\n(sec.2A-ssec.1) For section 48 (5) of the Act , definition approved copy , paragraph (a) , the following requirements are prescribed— the symbols, images or words displayed on the copy of the licence must be in black on a white background; the copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ; if the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.\n(sec.2A-ssec.2) For section 48 (5) of the Act , definition approved copy , paragraph (b) , the following information is prescribed— if the licensee displays a copy of the licence that contains extracts from the licence—the following information— for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’; for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’; for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’; the unique identification number of the licence; a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ; if the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.\n- (a) the symbols, images or words displayed on the copy of the licence must be in black on a white background;\n- (b) the copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ;\n- (c) if the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.\n- (a) if the licensee displays a copy of the licence that contains extracts from the licence—the following information— (i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’; (ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’; (iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’; (iv) the unique identification number of the licence; (v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;\n- (i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;\n- (ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;\n- (iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;\n- (iv) the unique identification number of the licence;\n- (v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;\n- (b) if the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.\n- (i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;\n- (ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;\n- (iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;\n- (iv) the unique identification number of the licence;\n- (v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;","sortOrder":4},{"sectionNumber":"sec.2B","sectionType":"section","heading":"Invoices for supply to retailers— Act , s 49","content":"### sec.2B Invoices for supply to retailers— Act , s 49\n\nFor section 49 (2) of the Act , the requirements prescribed are that the invoice must contain the following details—\nthe unique identifier for the invoice;\nthe date of the supply of the smoking product;\nthe brand name, type, variant and quantity of the smoking product;\nthe following details of the retailer and licensee—\nbusiness names;\ncontact details;\nABNs or ACNs.\nThe details mentioned in subsection (1) (a) to (d) that are contained in the invoice must be clearly visible.\ns 2B ins 2023 SL No. 82 s 7\n(sec.2B-ssec.1) For section 49 (2) of the Act , the requirements prescribed are that the invoice must contain the following details— the unique identifier for the invoice; the date of the supply of the smoking product; the brand name, type, variant and quantity of the smoking product; the following details of the retailer and licensee— business names; contact details; ABNs or ACNs.\n(sec.2B-ssec.2) The details mentioned in subsection (1) (a) to (d) that are contained in the invoice must be clearly visible.\n- (a) the unique identifier for the invoice;\n- (b) the date of the supply of the smoking product;\n- (c) the brand name, type, variant and quantity of the smoking product;\n- (d) the following details of the retailer and licensee— (i) business names; (ii) contact details; (iii) ABNs or ACNs.\n- (i) business names;\n- (ii) contact details;\n- (iii) ABNs or ACNs.\n- (i) business names;\n- (ii) contact details;\n- (iii) ABNs or ACNs.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Promotion of smoking products","content":"# Promotion of smoking products","sortOrder":6},{"sectionNumber":"sec.3","sectionType":"section","heading":"Smoking related products— Act , s 88","content":"### sec.3 Smoking related products— Act , s 88\n\nFor section 88 of the Act , definition smoking related product , each of the following products is prescribed—\na cigarette paper (whether or not the paper is pre-rolled);\nanother product sold to enclose loose tobacco or a loose smoking blend;\nflavouring sold for the purpose of flavouring a tobacco product or a loose smoking blend;\na machine for injecting loose tobacco or a loose smoking blend into a pre-rolled paper or another product sold to enclose loose tobacco or a loose smoking blend;\na cigarette filter;\na cigarette tip;\na machine for rolling a cigarette or herbal cigarette;\na mouthpiece used to hold a cigar, cigarette or herbal cigarette;\na cigar cutter;\na pipe used for smoking loose tobacco or a loose smoking blend;\na filter, grate or screen for a pipe mentioned in paragraph (j) .\ns 3 sub 2021 SL No. 111 s 18\n- (a) a cigarette paper (whether or not the paper is pre-rolled);\n- (b) another product sold to enclose loose tobacco or a loose smoking blend;\n- (c) flavouring sold for the purpose of flavouring a tobacco product or a loose smoking blend;\n- (d) a machine for injecting loose tobacco or a loose smoking blend into a pre-rolled paper or another product sold to enclose loose tobacco or a loose smoking blend;\n- (e) a cigarette filter;\n- (f) a cigarette tip;\n- (g) a machine for rolling a cigarette or herbal cigarette;\n- (h) a mouthpiece used to hold a cigar, cigarette or herbal cigarette;\n- (i) a cigar cutter;\n- (j) a pipe used for smoking loose tobacco or a loose smoking blend;\n- (k) a filter, grate or screen for a pipe mentioned in paragraph (j) .","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Price ticket for relevant point of sale— Act , s 94","content":"### sec.4 Price ticket for relevant point of sale— Act , s 94\n\nFor section 94 (2) (b) of the Act , this section prescribes the requirements for a price ticket for a relevant point of sale.\nThe price ticket—\nmust not be larger than 80mm x 40mm; and\nmust be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and\nmust use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and\n10 point, bold and Times New Roman\nmust use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and\nif the price ticket is for an immediate package of a product line, may only display—\nwords that indicate 1 or more of the following—\nthe name of the product line;\nthe number of items in the immediate package;\nthe price of the immediate package;\nthe country of origin of the product line; and\na bar code, or similar identification code, for the product line; and\nif the price ticket is for a carton of a product line, may only display—\nwords that indicate 1 or more of the following—\nthe name of the product line;\nthe number of immediate packages in the carton;\nthe price of the carton;\nthe country of origin of the product line; and\na bar code, or similar identification code, for the product line.\nThe words, bar code or similar identification code displayed on the price ticket must be—\nin white on a black background; or\nin black on a white background.\nHowever, if, in a retail outlet, price tickets for goods other than smoking products have information about the goods in 1 colour on a background of another colour, the words, bar code or similar identification code may be displayed in those colours.\ns 4 amd 2021 SL No. 111 s 19\n(sec.4-ssec.1) For section 94 (2) (b) of the Act , this section prescribes the requirements for a price ticket for a relevant point of sale.\n(sec.4-ssec.2) The price ticket— must not be larger than 80mm x 40mm; and must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and must use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and 10 point, bold and Times New Roman must use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and if the price ticket is for an immediate package of a product line, may only display— words that indicate 1 or more of the following— the name of the product line; the number of items in the immediate package; the price of the immediate package; the country of origin of the product line; and a bar code, or similar identification code, for the product line; and if the price ticket is for a carton of a product line, may only display— words that indicate 1 or more of the following— the name of the product line; the number of immediate packages in the carton; the price of the carton; the country of origin of the product line; and a bar code, or similar identification code, for the product line.\n(sec.4-ssec.3) The words, bar code or similar identification code displayed on the price ticket must be— in white on a black background; or in black on a white background.\n(sec.4-ssec.4) However, if, in a retail outlet, price tickets for goods other than smoking products have information about the goods in 1 colour on a background of another colour, the words, bar code or similar identification code may be displayed in those colours.\n- (a) must not be larger than 80mm x 40mm; and\n- (b) must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and\n- (c) must use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and Example of a font size, style and typeface— 10 point, bold and Times New Roman\n- (d) must use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and\n- (e) if the price ticket is for an immediate package of a product line, may only display— (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and (ii) a bar code, or similar identification code, for the product line; and\n- (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and\n- (A) the name of the product line;\n- (B) the number of items in the immediate package;\n- (C) the price of the immediate package;\n- (D) the country of origin of the product line; and\n- (ii) a bar code, or similar identification code, for the product line; and\n- (f) if the price ticket is for a carton of a product line, may only display— (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and (ii) a bar code, or similar identification code, for the product line.\n- (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and\n- (A) the name of the product line;\n- (B) the number of immediate packages in the carton;\n- (C) the price of the carton;\n- (D) the country of origin of the product line; and\n- (ii) a bar code, or similar identification code, for the product line.\n- (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and\n- (A) the name of the product line;\n- (B) the number of items in the immediate package;\n- (C) the price of the immediate package;\n- (D) the country of origin of the product line; and\n- (ii) a bar code, or similar identification code, for the product line; and\n- (A) the name of the product line;\n- (B) the number of items in the immediate package;\n- (C) the price of the immediate package;\n- (D) the country of origin of the product line; and\n- (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and\n- (A) the name of the product line;\n- (B) the number of immediate packages in the carton;\n- (C) the price of the carton;\n- (D) the country of origin of the product line; and\n- (ii) a bar code, or similar identification code, for the product line.\n- (A) the name of the product line;\n- (B) the number of immediate packages in the carton;\n- (C) the price of the carton;\n- (D) the country of origin of the product line; and\n- (a) in white on a black background; or\n- (b) in black on a white background.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Price ticket for tobacco product vending machine— Act , s 99","content":"### sec.5 Price ticket for tobacco product vending machine— Act , s 99\n\nFor section 99 (1) of the Act , this section prescribes the requirements for a price ticket for a tobacco product vending machine.\nThe price ticket—\nmust not be larger than 80mm x 40mm; and\nmust be the same size and colour as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and\nmust use the same font size, style and typeface as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and\n10 point, bold and Times New Roman\nmust use the same spacing between words and letters as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and\nmay only display—\nwords that indicate 1 or more of the following—\nthe name of a product line;\nthe number of items in an immediate package;\nthe price of an immediate package;\nthe country of origin of a product line; and\na bar code, or similar identification code, for a product line.\nThe words, bar code or similar identification code displayed on the price ticket must be—\nin white on a black background; or\nin black on a white background; or\nin any 1 colour on a background of any other 1 colour.\nAll the price tickets for a tobacco product vending machine must be in the same 2 colours.\ns 5 amd 2021 SL No. 111 s 20\n(sec.5-ssec.1) For section 99 (1) of the Act , this section prescribes the requirements for a price ticket for a tobacco product vending machine.\n(sec.5-ssec.2) The price ticket— must not be larger than 80mm x 40mm; and must be the same size and colour as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and must use the same font size, style and typeface as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and 10 point, bold and Times New Roman must use the same spacing between words and letters as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and may only display— words that indicate 1 or more of the following— the name of a product line; the number of items in an immediate package; the price of an immediate package; the country of origin of a product line; and a bar code, or similar identification code, for a product line.\n(sec.5-ssec.3) The words, bar code or similar identification code displayed on the price ticket must be— in white on a black background; or in black on a white background; or in any 1 colour on a background of any other 1 colour.\n(sec.5-ssec.4) All the price tickets for a tobacco product vending machine must be in the same 2 colours.\n- (a) must not be larger than 80mm x 40mm; and\n- (b) must be the same size and colour as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and\n- (c) must use the same font size, style and typeface as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and Example of a font size, style and typeface— 10 point, bold and Times New Roman\n- (d) must use the same spacing between words and letters as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and\n- (e) may only display— (i) words that indicate 1 or more of the following— (A) the name of a product line; (B) the number of items in an immediate package; (C) the price of an immediate package; (D) the country of origin of a product line; and (ii) a bar code, or similar identification code, for a product line.\n- (i) words that indicate 1 or more of the following— (A) the name of a product line; (B) the number of items in an immediate package; (C) the price of an immediate package; (D) the country of origin of a product line; and\n- (A) the name of a product line;\n- (B) the number of items in an immediate package;\n- (C) the price of an immediate package;\n- (D) the country of origin of a product line; and\n- (ii) a bar code, or similar identification code, for a product line.\n- (i) words that indicate 1 or more of the following— (A) the name of a product line; (B) the number of items in an immediate package; (C) the price of an immediate package; (D) the country of origin of a product line; and\n- (A) the name of a product line;\n- (B) the number of items in an immediate package;\n- (C) the price of an immediate package;\n- (D) the country of origin of a product line; and\n- (ii) a bar code, or similar identification code, for a product line.\n- (A) the name of a product line;\n- (B) the number of items in an immediate package;\n- (C) the price of an immediate package;\n- (D) the country of origin of a product line; and\n- (a) in white on a black background; or\n- (b) in black on a white background; or\n- (c) in any 1 colour on a background of any other 1 colour.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Other indicator of price for a tobacco product vending machine— Act , s 99","content":"### sec.6 Other indicator of price for a tobacco product vending machine— Act , s 99\n\nFor section 99 (1) of the Act , this section prescribes the requirements for an indicator of price, other than a price ticket, for a tobacco product vending machine.\nan electronic display in a tobacco product vending machine\nAn indicator of price may only display words that indicate 1 or more of the following—\nthe name of a product line;\nthe number of items in an immediate package;\nthe price of an immediate package;\nthe country of origin of a product line.\n(sec.6-ssec.1) For section 99 (1) of the Act , this section prescribes the requirements for an indicator of price, other than a price ticket, for a tobacco product vending machine. an electronic display in a tobacco product vending machine\n(sec.6-ssec.2) An indicator of price may only display words that indicate 1 or more of the following— the name of a product line; the number of items in an immediate package; the price of an immediate package; the country of origin of a product line.\n- (a) the name of a product line;\n- (b) the number of items in an immediate package;\n- (c) the price of an immediate package;\n- (d) the country of origin of a product line.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Signs","content":"# Signs","sortOrder":11},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Form of signs","content":"## Form of signs","sortOrder":12},{"sectionNumber":"sec.7","sectionType":"section","heading":"Form of mandatory sign— Act , ss 97 and 101","content":"### sec.7 Form of mandatory sign— Act , ss 97 and 101\n\nFor section 97 (5) of the Act , definition mandatory sign and section 101 of the Act , a mandatory sign must—\nbe at least 210mm x 297mm; and\ndisplay only the following words in the following sequence—\n‘It is an offence to supply a smoking product to a person under 18 years\nPenalties apply\nProof of age may be required\nQuitline 13 7848’.\nThe words required to be displayed under subsection (1) (b) must be—\nat least 8mm in height; and\nin, or in a combination of, the following—\nwhite on a black background;\nblack on a white background.\nHowever, the words ‘Quitline 13 7848’ may be replaced by the following logo—\nDespite subsection (1) (b) , the mandatory sign may also display a reference to the State, the department or the Act .\ns 7 amd 2023 SL No. 82 s 14 sch 1\n(sec.7-ssec.1) For section 97 (5) of the Act , definition mandatory sign and section 101 of the Act , a mandatory sign must— be at least 210mm x 297mm; and display only the following words in the following sequence— ‘It is an offence to supply a smoking product to a person under 18 years Penalties apply Proof of age may be required Quitline 13 7848’.\n(sec.7-ssec.2) The words required to be displayed under subsection (1) (b) must be— at least 8mm in height; and in, or in a combination of, the following— white on a black background; black on a white background.\n(sec.7-ssec.3) However, the words ‘Quitline 13 7848’ may be replaced by the following logo—\n(sec.7-ssec.4) Despite subsection (1) (b) , the mandatory sign may also display a reference to the State, the department or the Act .\n- (a) be at least 210mm x 297mm; and\n- (b) display only the following words in the following sequence—\n- ‘It is an offence to supply a smoking product to a person under 18 years\n- Penalties apply\n- Proof of age may be required\n- Quitline 13 7848’.\n- (a) at least 8mm in height; and\n- (b) in, or in a combination of, the following— (i) white on a black background; (ii) black on a white background.\n- (i) white on a black background;\n- (ii) black on a white background.\n- (i) white on a black background;\n- (ii) black on a white background.","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Form of permitted sign— Act , s 97","content":"### sec.8 Form of permitted sign— Act , s 97\n\nFor section 97 (5) of the Act , definition permitted sign , a permitted sign must—\nbe no larger than 210mm x 148mm; and\ndisplay only the following words in the following sequence—\n‘Smoking products sold here’.\nThe words required to be displayed under subsection (1) (b) must be—\n17mm or less in height; and\nin Arial or Times New Roman typeface; and\nin black on a white background.\nAlso, the words required to be displayed under subsection (1) (b) must not be—\nin bold or italics; or\nunderlined.\ns 8 amd 2023 SL No. 82 s 14 sch 1\n(sec.8-ssec.1) For section 97 (5) of the Act , definition permitted sign , a permitted sign must— be no larger than 210mm x 148mm; and display only the following words in the following sequence— ‘Smoking products sold here’.\n(sec.8-ssec.2) The words required to be displayed under subsection (1) (b) must be— 17mm or less in height; and in Arial or Times New Roman typeface; and in black on a white background.\n(sec.8-ssec.3) Also, the words required to be displayed under subsection (1) (b) must not be— in bold or italics; or underlined.\n- (a) be no larger than 210mm x 148mm; and\n- (b) display only the following words in the following sequence— ‘Smoking products sold here’.\n- (a) 17mm or less in height; and\n- (b) in Arial or Times New Roman typeface; and\n- (c) in black on a white background.\n- (a) in bold or italics; or\n- (b) underlined.","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Form of no smoking sign— Act , s 113","content":"### sec.9 Form of no smoking sign— Act , s 113\n\nFor section 113 (3) of the Act , definition no smoking sign , the following requirements are prescribed—\nthe sign must display one of the following symbols (each a no smoking symbol )—\na circle and a diagonal line over a depiction of a cigarette and smoke;\na circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette;\nthe sign may display words that indicate smoking is not permitted.\nThe no smoking symbol must be at least 70mm in diameter.\nNothing in subsection (1) prevents the sign displaying a reference to the State, the department or the Act .\n(sec.9-ssec.1) For section 113 (3) of the Act , definition no smoking sign , the following requirements are prescribed— the sign must display one of the following symbols (each a no smoking symbol )— a circle and a diagonal line over a depiction of a cigarette and smoke; a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette; the sign may display words that indicate smoking is not permitted.\n(sec.9-ssec.2) The no smoking symbol must be at least 70mm in diameter.\n(sec.9-ssec.3) Nothing in subsection (1) prevents the sign displaying a reference to the State, the department or the Act .\n- (a) the sign must display one of the following symbols (each a no smoking symbol )— (i) a circle and a diagonal line over a depiction of a cigarette and smoke; Example— (ii) a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette; Example—\n- (i) a circle and a diagonal line over a depiction of a cigarette and smoke; Example—\n- (ii) a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette; Example—\n- (b) the sign may display words that indicate smoking is not permitted.\n- (i) a circle and a diagonal line over a depiction of a cigarette and smoke; Example—\n- (ii) a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette; Example—","sortOrder":15},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Display of signs","content":"## Display of signs","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Attachment of mandatory sign for tobacco product vending machine— Act , s 101","content":"### sec.10 Attachment of mandatory sign for tobacco product vending machine— Act , s 101\n\nFor section 101 of the Act , a mandatory sign must be attached to the front of a tobacco product vending machine, or near the machine, so that the sign is easily visible to a person obtaining a tobacco product from the machine.","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Display of no smoking sign at particular premises— Act , s 113","content":"### sec.11 Display of no smoking sign at particular premises— Act , s 113\n\nFor section 113 (2) of the Act , a no smoking sign must be displayed in a place that is easily visible to a person who is about to enter premises mentioned in section 113 (1) (a) or (b) of the Act .","sortOrder":18},{"sectionNumber":"pt.4","sectionType":"part","heading":"Smoke-free outdoor places","content":"# Smoke-free outdoor places","sortOrder":19},{"sectionNumber":"sec.12","sectionType":"section","heading":"Government precincts— Act , s 140","content":"### sec.12 Government precincts— Act , s 140\n\nFor section 140 (3) of the Act , definition government precinct , paragraph (b) , the following land is prescribed—\nfor the building known as 33 Charlotte Street, Brisbane—lot 3 on SP102562;\nfor the building known as 63 George Street, Brisbane—lot 23 on SP180748;\nfor the building known as 111 George Street, Brisbane—\nlot 2 on RP640; and\nlots 1, 2, 3 and 4 on RP43986; and\nlot 1 on RP641;\nfor the building known as Education House, 30 Mary Street, Brisbane—lot 14 on crown plan SL12186;\nfor the building known as 61 Mary Street, Brisbane—lot 22 on RP178621;\nfor the building known as 1 William Street, Brisbane—\nlot 1 on SP287539; and\nland, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the nearest kerb of a road or to lot 530 on crown plan SL7738; and\nlot 530 on crown plan SL7738, other than part of the lot that is a road;\nfor the building known as Claude Wharton Building, 46 Quay Street, Bundaberg—lot 3 on SP131270;\nfor the building known as William McCormack Place, 5B Sheridan Street, Cairns—lot 7 on SP146396;\nfor the building known as Mike Ahern Building, 12 First Avenue, Maroochydore—lot 6 on SP207309;\nfor the building known as Brendan Hansen Building, 50–54 Main Street, Pialba—lot 3 on SP108932;\nfor the building known as James Larcombe Place, 209 Bolsover Street, Rockhampton—lot 1 on crown plan 801453;\nfor the building known as Government Office Building No. 3, 187–209 Stanley Street, Townsville—lot 21 on crown plan EP2035;\na footpath, or nature strip, adjacent to the land mentioned in any of paragraphs (a) to (f) or (h) to (m) .\ns 12 amd 2025 SL No. 20 s 5\n- (a) for the building known as 33 Charlotte Street, Brisbane—lot 3 on SP102562;\n- (b) for the building known as 63 George Street, Brisbane—lot 23 on SP180748;\n- (c) for the building known as 111 George Street, Brisbane— (i) lot 2 on RP640; and (ii) lots 1, 2, 3 and 4 on RP43986; and (iii) lot 1 on RP641;\n- (i) lot 2 on RP640; and\n- (ii) lots 1, 2, 3 and 4 on RP43986; and\n- (iii) lot 1 on RP641;\n- (d) for the building known as Education House, 30 Mary Street, Brisbane—lot 14 on crown plan SL12186;\n- (e) for the building known as 61 Mary Street, Brisbane—lot 22 on RP178621;\n- (f) for the building known as 1 William Street, Brisbane— (i) lot 1 on SP287539; and (ii) land, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the nearest kerb of a road or to lot 530 on crown plan SL7738; and (iii) lot 530 on crown plan SL7738, other than part of the lot that is a road;\n- (i) lot 1 on SP287539; and\n- (ii) land, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the nearest kerb of a road or to lot 530 on crown plan SL7738; and\n- (iii) lot 530 on crown plan SL7738, other than part of the lot that is a road;\n- (g) for the building known as Claude Wharton Building, 46 Quay Street, Bundaberg—lot 3 on SP131270;\n- (h) for the building known as William McCormack Place, 5B Sheridan Street, Cairns—lot 7 on SP146396;\n- (i) for the building known as Mike Ahern Building, 12 First Avenue, Maroochydore—lot 6 on SP207309;\n- (j) for the building known as Brendan Hansen Building, 50–54 Main Street, Pialba—lot 3 on SP108932;\n- (k) for the building known as James Larcombe Place, 209 Bolsover Street, Rockhampton—lot 1 on crown plan 801453;\n- (l) for the building known as Government Office Building No. 3, 187–209 Stanley Street, Townsville—lot 21 on crown plan EP2035;\n- (m) a footpath, or nature strip, adjacent to the land mentioned in any of paragraphs (a) to (f) or (h) to (m) .\n- (i) lot 2 on RP640; and\n- (ii) lots 1, 2, 3 and 4 on RP43986; and\n- (iii) lot 1 on RP641;\n- (i) lot 1 on SP287539; and\n- (ii) land, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the nearest kerb of a road or to lot 530 on crown plan SL7738; and\n- (iii) lot 530 on crown plan SL7738, other than part of the lot that is a road;","sortOrder":20},{"sectionNumber":"sec.13","sectionType":"section","heading":"Prescribed outdoor swimming areas— Act , s 146","content":"### sec.13 Prescribed outdoor swimming areas— Act , s 146\n\nFor section 146 of the Act , definition prescribed outdoor swimming area , the following areas are prescribed—\neach of the pools stated in schedule 1 ;\neach associated area for the pool.\nAn associated area for a pool is the area around the pool that includes any of the following—\nan area rising from within the pool or a platform over the pool;\nan area providing access to the pool;\ndiving boards or water slides for the pool;\nan area adjacent to the pool that is provided for persons to observe swimmers in the pool, change their clothing or sunbathe;\na kiosk or seating area adjacent to the pool;\nif the area surrounding the pool is enclosed by a fence or wall—the entire area enclosed by the fence or wall.\nHowever, an associated area for a pool does not extend beyond—\nthe nearest of the following things to the pool, unless the thing provides access to the pool—\na path, boardwalk, road or thoroughfare;\na building;\na watercourse or other body of water; and\nto the extent that paragraph (a) does not limit an associated area to 20m from the edge of the pool—20m from the edge of the pool.\n(sec.13-ssec.1) For section 146 of the Act , definition prescribed outdoor swimming area , the following areas are prescribed— each of the pools stated in schedule 1 ; each associated area for the pool.\n(sec.13-ssec.2) An associated area for a pool is the area around the pool that includes any of the following— an area rising from within the pool or a platform over the pool; an area providing access to the pool; diving boards or water slides for the pool; an area adjacent to the pool that is provided for persons to observe swimmers in the pool, change their clothing or sunbathe; a kiosk or seating area adjacent to the pool; if the area surrounding the pool is enclosed by a fence or wall—the entire area enclosed by the fence or wall.\n(sec.13-ssec.3) However, an associated area for a pool does not extend beyond— the nearest of the following things to the pool, unless the thing provides access to the pool— a path, boardwalk, road or thoroughfare; a building; a watercourse or other body of water; and to the extent that paragraph (a) does not limit an associated area to 20m from the edge of the pool—20m from the edge of the pool.\n- (a) each of the pools stated in schedule 1 ;\n- (b) each associated area for the pool.\n- (a) an area rising from within the pool or a platform over the pool;\n- (b) an area providing access to the pool;\n- (c) diving boards or water slides for the pool;\n- (d) an area adjacent to the pool that is provided for persons to observe swimmers in the pool, change their clothing or sunbathe;\n- (e) a kiosk or seating area adjacent to the pool;\n- (f) if the area surrounding the pool is enclosed by a fence or wall—the entire area enclosed by the fence or wall.\n- (a) the nearest of the following things to the pool, unless the thing provides access to the pool— (i) a path, boardwalk, road or thoroughfare; (ii) a building; (iii) a watercourse or other body of water; and\n- (i) a path, boardwalk, road or thoroughfare;\n- (ii) a building;\n- (iii) a watercourse or other body of water; and\n- (b) to the extent that paragraph (a) does not limit an associated area to 20m from the edge of the pool—20m from the edge of the pool.\n- (i) a path, boardwalk, road or thoroughfare;\n- (ii) a building;\n- (iii) a watercourse or other body of water; and","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"National parks— Act , s 153","content":"### sec.14 National parks— Act , s 153\n\nFor section 153 (1) of the Act , the following parts of a national park are prescribed—\na camp site provided by the department and the land around the site within 10m of it;\na public facility provided by the department and the land around the facility within 10m of it.\nIn this section—\ncamp site means land on which camping equipment or a tent, caravan or other camping structure is intended to be situated, regardless of whether a person is camping there.\ndepartment means the department responsible for the management of national parks.\npublic facility means—\na barbecue; or\na jetty, boat ramp or landing stage; or\na picnic table; or\na roofed shelter; or\na toilet block; or\na visitor information centre.\n(sec.14-ssec.1) For section 153 (1) of the Act , the following parts of a national park are prescribed— a camp site provided by the department and the land around the site within 10m of it; a public facility provided by the department and the land around the facility within 10m of it.\n(sec.14-ssec.2) In this section— camp site means land on which camping equipment or a tent, caravan or other camping structure is intended to be situated, regardless of whether a person is camping there. department means the department responsible for the management of national parks. public facility means— a barbecue; or a jetty, boat ramp or landing stage; or a picnic table; or a roofed shelter; or a toilet block; or a visitor information centre.\n- (a) a camp site provided by the department and the land around the site within 10m of it;\n- (b) a public facility provided by the department and the land around the facility within 10m of it.\n- (a) a barbecue; or\n- (b) a jetty, boat ramp or landing stage; or\n- (c) a picnic table; or\n- (d) a roofed shelter; or\n- (e) a toilet block; or\n- (f) a visitor information centre.","sortOrder":22},{"sectionNumber":"pt.5","sectionType":"part","heading":"Prohibited products","content":"# Prohibited products","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Display of hookahs— Act , s 160","content":"### sec.15 Display of hookahs— Act , s 160\n\nFor section 160 (1) of the Act , the number prescribed is 3.","sortOrder":24},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Commercial quantity for illicit tobacco— Act , s 161","content":"### sec.15A Commercial quantity for illicit tobacco— Act , s 161\n\nFor section 161 (5) of the Act , definition commercial quantity , the quantity prescribed is—\nfor individual cigarettes—50 cigarettes; or\notherwise—50g of tobacco products other than cigarettes.\ns 15A ins 2023 SL No. 82 s 8\n- (a) for individual cigarettes—50 cigarettes; or\n- (b) otherwise—50g of tobacco products other than cigarettes.","sortOrder":25},{"sectionNumber":"sec.15AA","sectionType":"section","heading":"Permitted quantity for illicit nicotine product— Act , s 161A","content":"### sec.15AA Permitted quantity for illicit nicotine product— Act , s 161A\n\nFor section 161A (8) of the Act , definition permitted quantity , the quantity prescribed is—\nif the vaping goods are a vaping substance—60mL; and\nif the vaping goods are a vaping accessory—4 vaping accessories; and\nif the vaping goods are a vaping device—2 vaping devices.\ns 15AA ins 2024 Act No. 51 s 35B\n- (a) if the vaping goods are a vaping substance—60mL; and\n- (b) if the vaping goods are a vaping accessory—4 vaping accessories; and\n- (c) if the vaping goods are a vaping device—2 vaping devices.","sortOrder":26},{"sectionNumber":"sec.15AB","sectionType":"section","heading":"Illicit nicotine product— Act , schedule 1 , definition illicit nicotine product","content":"### sec.15AB Illicit nicotine product— Act , schedule 1 , definition illicit nicotine product\n\nFor the Act , schedule 1 , definition illicit nicotine product , paragraph (b) , a nicotine pouch is prescribed.\nFor subsection (3) , definition nicotine pouch , paragraph (a) , a receptacle contains a substance if the receptacle—\nactually contains the substance; or\nis labelled as containing the substance; or\nis claimed to contain the substance; or\nis reasonably believed or commonly understood to contain the substance.\nIn this section—\nnicotine pouch means a receptacle designed to be placed between the lip and gum that—\ncontains 1 or more of the following substances to be released from the receptacle and absorbed buccally—\nnicotine;\n6-methylnicotine;\na substance known as synthetic nicotine;\na nicotine substitute; and\nmay contain another substance, including, for example, a sweetener or a flavour.\nnicotine substitute means a substance giving, or held out as giving, a similar or alternate experience to nicotine, including, for example—\na substance described as—\na nicotine alternative agent; or\na nicotine derivative; or\na no-nicotine nicotine solution; and\na substance held out as—\nnicotine free or tobacco free; or\nzero nicotine or zero tobacco; or\ngiving a nicotine-like experience without the nicotine.\ns 15AB ins 2025 SL No. 20 s 6\n(sec.15AB-ssec.1) For the Act , schedule 1 , definition illicit nicotine product , paragraph (b) , a nicotine pouch is prescribed.\n(sec.15AB-ssec.2) For subsection (3) , definition nicotine pouch , paragraph (a) , a receptacle contains a substance if the receptacle— actually contains the substance; or is labelled as containing the substance; or is claimed to contain the substance; or is reasonably believed or commonly understood to contain the substance.\n(sec.15AB-ssec.3) In this section— nicotine pouch means a receptacle designed to be placed between the lip and gum that— contains 1 or more of the following substances to be released from the receptacle and absorbed buccally— nicotine; 6-methylnicotine; a substance known as synthetic nicotine; a nicotine substitute; and may contain another substance, including, for example, a sweetener or a flavour. nicotine substitute means a substance giving, or held out as giving, a similar or alternate experience to nicotine, including, for example— a substance described as— a nicotine alternative agent; or a nicotine derivative; or a no-nicotine nicotine solution; and a substance held out as— nicotine free or tobacco free; or zero nicotine or zero tobacco; or giving a nicotine-like experience without the nicotine.\n- (a) actually contains the substance; or\n- (b) is labelled as containing the substance; or\n- (c) is claimed to contain the substance; or\n- (d) is reasonably believed or commonly understood to contain the substance.\n- (a) contains 1 or more of the following substances to be released from the receptacle and absorbed buccally— (i) nicotine; (ii) 6-methylnicotine; (iii) a substance known as synthetic nicotine; (iv) a nicotine substitute; and\n- (i) nicotine;\n- (ii) 6-methylnicotine;\n- (iii) a substance known as synthetic nicotine;\n- (iv) a nicotine substitute; and\n- (b) may contain another substance, including, for example, a sweetener or a flavour.\n- (i) nicotine;\n- (ii) 6-methylnicotine;\n- (iii) a substance known as synthetic nicotine;\n- (iv) a nicotine substitute; and\n- (a) a substance described as— (i) a nicotine alternative agent; or (ii) a nicotine derivative; or (iii) a no-nicotine nicotine solution; and\n- (i) a nicotine alternative agent; or\n- (ii) a nicotine derivative; or\n- (iii) a no-nicotine nicotine solution; and\n- (b) a substance held out as— (i) nicotine free or tobacco free; or (ii) zero nicotine or zero tobacco; or (iii) giving a nicotine-like experience without the nicotine.\n- (i) nicotine free or tobacco free; or\n- (ii) zero nicotine or zero tobacco; or\n- (iii) giving a nicotine-like experience without the nicotine.\n- (i) a nicotine alternative agent; or\n- (ii) a nicotine derivative; or\n- (iii) a no-nicotine nicotine solution; and\n- (i) nicotine free or tobacco free; or\n- (ii) zero nicotine or zero tobacco; or\n- (iii) giving a nicotine-like experience without the nicotine.","sortOrder":27},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":28},{"sectionNumber":"sec.15B","sectionType":"section","heading":"Definition for part","content":"### sec.15B Definition for part\n\nIn this part—\napplication means an application mentioned in schedule 2 in relation to a retail or wholesale licence.\ns 15B ins 2023 SL No. 82 s 9","sortOrder":29},{"sectionNumber":"sec.15C","sectionType":"section","heading":"Fees payable generally","content":"### sec.15C Fees payable generally\n\nThe fees payable under the Act in relation to a retail or wholesale licence are stated in schedule 2 .\nHowever, if an application is made for a term that is a period that is shorter than 1 year, the fee payable for the application is the proportion of the fee stated in schedule 2 for the application attributable to the number of months, rounded up to whole months, that are in the term.\ns 15C ins 2023 SL No. 82 s 9\n(sec.15C-ssec.1) The fees payable under the Act in relation to a retail or wholesale licence are stated in schedule 2 .\n(sec.15C-ssec.2) However, if an application is made for a term that is a period that is shorter than 1 year, the fee payable for the application is the proportion of the fee stated in schedule 2 for the application attributable to the number of months, rounded up to whole months, that are in the term.","sortOrder":30},{"sectionNumber":"sec.15D","sectionType":"section","heading":"Refused or withdrawn application","content":"### sec.15D Refused or withdrawn application\n\nThis section applies if—\nan applicant has paid the fee for an application; and\nthe application is refused by the chief executive or withdrawn by the applicant.\nThe chief executive must refund the fee for the application.\ns 15D ins 2023 SL No. 82 s 9\n(sec.15D-ssec.1) This section applies if— an applicant has paid the fee for an application; and the application is refused by the chief executive or withdrawn by the applicant.\n(sec.15D-ssec.2) The chief executive must refund the fee for the application.\n- (a) an applicant has paid the fee for an application; and\n- (b) the application is refused by the chief executive or withdrawn by the applicant.","sortOrder":31},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":32},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Transitional provision for SL No. 111 of 2021","content":"## Transitional provision for SL No. 111 of 2021","sortOrder":33},{"sectionNumber":"sec.16","sectionType":"section","heading":"Mandatory signs","content":"### sec.16 Mandatory signs\n\nThis section applies if, immediately before the commencement—\na mandatory sign was displayed at a relevant point of sale or attached to, or near, a tobacco vending machine; and\nthe mandatory sign complied with the expired Tobacco and Other Smoking Products Regulation 2010 , section 8.\nThe mandatory sign is taken to comply with section 7 until the earlier of the following—\nthe sign needs to be replaced;\nthe sign is stolen, defaced or damaged\n1 September 2023.\n(sec.16-ssec.1) This section applies if, immediately before the commencement— a mandatory sign was displayed at a relevant point of sale or attached to, or near, a tobacco vending machine; and the mandatory sign complied with the expired Tobacco and Other Smoking Products Regulation 2010 , section 8.\n(sec.16-ssec.2) The mandatory sign is taken to comply with section 7 until the earlier of the following— the sign needs to be replaced; the sign is stolen, defaced or damaged 1 September 2023.\n- (a) a mandatory sign was displayed at a relevant point of sale or attached to, or near, a tobacco vending machine; and\n- (b) the mandatory sign complied with the expired Tobacco and Other Smoking Products Regulation 2010 , section 8.\n- (a) the sign needs to be replaced; Example— the sign is stolen, defaced or damaged\n- (b) 1 September 2023.","sortOrder":34},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Transitional provision for Tobacco and Other Smoking Products and Other Legislation Amendment Regulation 2023","content":"## Transitional provision for Tobacco and Other Smoking Products and Other Legislation Amendment Regulation 2023","sortOrder":35},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application for retail or wholesale licence made between 1 September 2023 and 31 July 2024","content":"### sec.17 Application for retail or wholesale licence made between 1 September 2023 and 31 July 2024\n\nThis section applies to an application for a retail or wholesale licence made between 1 September 2023 and 31 July 2024.\nThe fee for the application is—\nif the application is for a retail licence—the fee stated in column 2 of the following table opposite the month in which the application is made stated in column 1 of the table; or\nif the application is for a wholesale licence—the fee stated in column 3 of the following table opposite the month in which the application is made stated in column 1 of the table.\nColumn 1\nColumn 2\nColumn 3\nMonth in which application is made\nFee for application for retail licence\nFee for application for wholesale licence\nSeptember 2023\n37.00 fee units\n53.00 fee units\nOctober 2023\n75.00 fee units\n106.00 fee units\nNovember 2023\n112.00 fee units\n159.00 fee units\nDecember 2023\n149.00 fee units\n212.00 fee units\nJanuary 2024\n187.00 fee units\n265.00 fee units\nFebruary 2024\n224.00 fee units\n318.00 fee units\nMarch 2024\n261.00 fee units\n371.00 fee units\nApril 2024\n299.00 fee units\n424.00 fee units\nMay 2024\n336.00 fee units\n477.00 fee units\nJune 2024\n373.00 fee units\n530.00 fee units\nJuly 2024\n411.00 fee units\n583.00 fee units\ns 17 ins 2023 SL No. 82 s 11\n(sec.17-ssec.1) This section applies to an application for a retail or wholesale licence made between 1 September 2023 and 31 July 2024.\n(sec.17-ssec.2) The fee for the application is— if the application is for a retail licence—the fee stated in column 2 of the following table opposite the month in which the application is made stated in column 1 of the table; or if the application is for a wholesale licence—the fee stated in column 3 of the following table opposite the month in which the application is made stated in column 1 of the table. Column 1 Column 2 Column 3 Month in which application is made Fee for application for retail licence Fee for application for wholesale licence September 2023 37.00 fee units 53.00 fee units October 2023 75.00 fee units 106.00 fee units November 2023 112.00 fee units 159.00 fee units December 2023 149.00 fee units 212.00 fee units January 2024 187.00 fee units 265.00 fee units February 2024 224.00 fee units 318.00 fee units March 2024 261.00 fee units 371.00 fee units April 2024 299.00 fee units 424.00 fee units May 2024 336.00 fee units 477.00 fee units June 2024 373.00 fee units 530.00 fee units July 2024 411.00 fee units 583.00 fee units\n- (a) if the application is for a retail licence—the fee stated in column 2 of the following table opposite the month in which the application is made stated in column 1 of the table; or\n- (b) if the application is for a wholesale licence—the fee stated in column 3 of the following table opposite the month in which the application is made stated in column 1 of the table.","sortOrder":36},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 ins 2023 SL No. 82 s 13\nexp 2 September 2024 (see s 18(2))","sortOrder":37}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2021 regulation primarily focused on promotion restrictions, signage, smoke-free places, and prohibited products. Through amendments in 2023, 2024, and 2025, the scope was significantly expanded to include: a new retail and wholesale licensing regime (Part 1A) with detailed licence display requirements, invoice requirements, a fee structure, and refund provisions; a commercial quantity threshold for illicit tobacco; permitted quantities for illicit vaping products; and the addition of nicotine pouches as illicit nicotine products. These additions reflect the policy shift toward formal licensing of tobacco retailers and the rapid regulatory response to the emerging vaping and nicotine pouch markets."},"complexity_factors":["Multiple cross-references to the parent Act (Tobacco and Other Smoking Products Act 1998), requiring readers to consult that Act to understand the full legal context","Highly prescriptive technical specifications (exact millimetre dimensions, font types, colour requirements) that require careful reading to comply with","Regulation has been amended multiple times (2021, 2023, 2024, 2025), creating layered provisions and transitional rules that can be confusing","Scope covers multiple distinct subject areas (licensing, advertising, signage, smoke-free zones, prohibited products, fees) within one document","Specific land lot references for government precincts require cross-referencing with land title records to determine exactly where smoke-free zones apply","Definitions for 'illicit nicotine product' and 'nicotine substitute' are complex and designed to capture products that try to circumvent regulation through creative labelling","Transitional provisions with time-limited fee scales (September 2023 to July 2024) add a temporal complexity layer","Pro-rata fee calculations for short-term licences introduce a mathematical element"],"plain_english_summary":"This Queensland regulation under the Tobacco and Other Smoking Products Act 1998 sets detailed rules for how tobacco and related products are sold, displayed and where people may smoke. It affects retailers, wholesalers, vending operators, smokers and anyone with illicit tobacco or vaping goods by imposing licence, invoicing, price‑ticket and signage rules, smoke‑free zones, limits on displayed items, and possession thresholds.\n\nCompliance avoids penalties; exceeding possession limits can be treated as commercial dealing."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond traditional tobacco control. Originally focused on cigarettes and smoking products, it now extensively covers vaping products (e-cigarettes), nicotine pouches, synthetic nicotine, and 'nicotine substitutes.' Recent amendments (2023-2025) added comprehensive licensing schemes for retailers and wholesalers, detailed invoice requirements for supply chains, and new prohibited product categories. The scope has shifted from simple point-of-sale restrictions to a complex regulatory framework covering the entire supply chain and emerging nicotine delivery products."},"complexity_factors":["Multiple cross-references to the parent Act (Tobacco and Other Smoking Products Act 1998) requiring simultaneous reading","Precise technical specifications for physical objects (sign dimensions, font sizes, colour schemes, measurements in millimetres)","Nested conditional logic for price tickets (different rules for immediate packages vs cartons vs vending machines)","Geographic specificity with land registry references (lot numbers, crown plans, SP numbers) for government precincts","Transitional provisions with specific date ranges and graduated fee tables","Multiple amendment history notes (2021, 2023, 2024, 2025) indicating evolving regulatory scope","Defined terms scattered throughout (e.g., 'associated area', 'nicotine substitute', 'permitted quantity') rather than concentrated in one interpretation section"],"plain_english_summary":"This regulation sets out the detailed rules for selling tobacco and other smoking products in Queensland. It covers:\n\n**Who it affects:**\n- Retailers and wholesalers who need licences to sell tobacco, vaping products, and related items\n- Shop owners who must display specific signs and follow strict rules about pricing displays\n- Owners of tobacco vending machines\n- People visiting government buildings, swimming pools, national parks, and other outdoor areas where smoking is banned\n\n**What it does:**\n- **Licences:** Specifies exactly how licence copies must look (black and white, A4 size) and what information they must show, including a link to check the licence is real\n- **Invoices:** Requires wholesalers to provide detailed invoices when supplying retailers, including product details and business identification numbers\n- **Price tickets:** Sets precise rules for price labels on tobacco products—maximum size of 80mm x 40mm, specific fonts (Times New Roman or Arial), and strict limits on what information can be shown (product name, price, country of origin, and bar codes only)\n- **Signs:** Mandates specific warning signs at points of sale and on vending machines (minimum A4 size, specific wording about under-18 sales, with Quitline number), and sets rules for \"smoking products sold here\" signs\n- **No smoking areas:** Lists specific government buildings in Brisbane and regional Queensland where smoking is banned, including footpaths nearby; also bans smoking at outdoor public swimming pools and within 10 metres of campsites and facilities in national parks\n- **Prohibited products:** Limits hookah displays to 3, defines what counts as illegal commercial quantities of tobacco (50 cigarettes or 50g), sets permitted quantities for vaping products, and bans nicotine pouches (products placed between lip and gum)\n- **Fees:** Sets out licence application fees and provides for refunds if applications are refused\n\n**Why it matters:**\nThe regulation makes it harder to sell tobacco products to young people, restricts marketing and promotion of smoking products, creates smoke-free zones around government buildings and public facilities, and cracks down on illegal tobacco and nicotine products including new vaping and nicotine pouch products."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation widens and deepens regulation compared with prior text by adding detailed licensing display and invoice rules (sec 2A, 2B), prescribing permitted and illicit quantities for vaping and tobacco (secs 15A, 15AA), and by classifying nicotine pouches as illicit nicotine products (sec 15AB). It also prescribes additional government precinct land (sec 12) and introduces a graduated transitional fee schedule for 2023–24 applicants (sec 17). These insertions materially expand regulated products, compliance requirements and locational coverage."},"complexity_factors":["Numerous cross‑references to the Tobacco and Other Smoking Products Act requiring readers to consult the Act for context (eg. ss 48, 49, 94, 99, 101, 113, 140, 146, 153, 160, 161A).","Technical, prescriptive formatting requirements (sign sizes, colours, fonts, spacing, ticket dimensions) that create detailed compliance checks (secs 2A, 4, 5, 7, 8).","Quantitative thresholds and measurements (eg. illicit quantity thresholds, permitted vaping quantities, pool associated-area limits, numbers for hookah display) that hinge on precise counts/weights/distances (secs 15A, 15AA, 13, 15).","Multiple commencement dates and staged transitional provisions (secs 2, 16, 17) that change obligations over time and introduce a temporary fee schedule.","Amendments inserted across several years (2021–2025) increasing the statutory history to track.","Prescribed geographic parcels for government precincts using cadastral identifiers, increasing locality‑specific complexity (sec 12).","Reliance on external schedules (schedules 1 and 2) not reproduced here, so full scope depends on those tables (eg. pool list, fee amounts).","Definitions added for novel products (nicotine pouch, nicotine substitute) that expand the regulated product set and require interpretation (sec 15AB)."],"plain_english_summary":"This regulation sets detailed rules for selling, displaying and labelling tobacco and related products. It prescribes licence display and invoice content, strict price‑ticket and signage formats, defined smoke‑free outdoor areas, limits that trigger illicit‑goods offences, and fees and transitional arrangements for retail and wholesale licences. It affects retailers, wholesalers, vending‑machine operators, pool/national‑park managers and anyone supplying nicotine products, because it creates concrete compliance obligations (formatting, quantities, fees and where smoking is banned) enforced under the Act."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/tobacco-and-other-smoking-products-regulation-2021","history":"/api/acts/tobacco-and-other-smoking-products-regulation-2021/history","analysis":"/api/acts/tobacco-and-other-smoking-products-regulation-2021/analysis","conflicts":"/api/acts/tobacco-and-other-smoking-products-regulation-2021/conflicts","importantCases":"/api/acts/tobacco-and-other-smoking-products-regulation-2021/important-cases","documents":"/api/acts/tobacco-and-other-smoking-products-regulation-2021/documents"}}