{"id":"tobacco-control-act-2002","name":"Tobacco Control Act 2002","slug":"tobacco-control-act-2002","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30670,"registerId":"nt-tobacco-control-act-2002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tobacco Control Act 2002","content":"NORTHERN TERRITORY OF AUSTRALIA\nTOBACCO CONTROL ACT 2002\nAs in force at 10 February 2026\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Object .............................................................................................. 1\n4 Act binds Crown .............................................................................. 1\n4A Application to e-cigarettes ............................................................... 2\n5 Definitions ........................................................................................ 2\n5A Food service area ............................................................................ 8\n5B Outdoor eating and drinking area .................................................... 8\n5C Exemption for major event ............................................................. 10\n6 Tobacco products .......................................................................... 10\n6A Application of Criminal Code ......................................................... 11\nPart 2 Smoke-free areas\n7 Smoke-free area ............................................................................ 11\n7A Voluntarily declared area ............................................................... 12\n8 Signs to be displayed .................................................................... 12\n9 Smoker commits offence ............................................................... 12\n10 Occupier commits offence ............................................................. 13\n11 Exempt areas ................................................................................ 14\nPart 2A Smoking in motor vehicles with children\nunder 16 prohibited\n11A Offence to smoke in motor vehicle with child under 16 .................. 15\nPart 3 Packaging, advertising and sponsorship,\ndisplays, points of sale\nDivision 1 Packaging requirements\n12 Health warnings on packaging....................................................... 16\n13 Size of cigarette packets for sale ................................................... 17\n14 Weight of loose tobacco for sale.................................................... 17\nDivision 2 Advertising and sponsorship restrictions\n15 Tobacco advertising in public places prohibited ............................ 17\n16 Brand marketing and value-added marketing prohibited ............... 17\n\nTobacco Control Act 2002 ii\n17 Price discounting not to be advertised ........................................... 18\n18 Restrictions on price boards .......................................................... 18\n19 Sponsorship of events restricted ................................................... 18\nDivision 3 Display restrictions\n20 Display of tobacco products........................................................... 19\n22 Conditions of vending machine displays........................................ 19\n23 Signs to be displayed on vending machines .................................. 20\nDivision 4 Restrictions on points of sale\n25 Point of sale restrictions ................................................................ 20\n26 Vending machine restrictions ......................................................... 21\n27 Signs to be displayed at point of sale other than vending\nmachine ......................................................................................... 21\nPart 4 Licensing of tobacco retailers\n28 Offence to sell by retail without licence .......................................... 22\n29 Grant or refusal of licence.............................................................. 22\n29A Renewal of licence ........................................................................ 23\n30 Conditions of licence ..................................................................... 24\n31 Effect of licence ............................................................................. 24\n32 When a licence is in force .............................................................. 24\n33 Licence to be displayed ................................................................. 24\n34 Surrender of licence ...................................................................... 24\n35 Variation of conditions ................................................................... 25\n36 Transfer of licence ......................................................................... 25\n36A Licence not personal property ....................................................... 26\n37 Director to be notified of change in circumstances ........................ 26\n38 Cancellation or suspension............................................................ 26\n39 Notice to show cause .................................................................... 27\n40 Notice of and reasons for decision ................................................ 28\nPart 4A Review of decisions\n41 Definitions ...................................................................................... 28\n41A Notice of delegate decision............................................................ 29\n41B Application for review .................................................................... 29\n41C Effect of application on delegate decision ..................................... 29\n41D Director to consider application ..................................................... 30\n41E Conducting and deciding review .................................................... 30\n41F Notice of decision on review .......................................................... 30\n41G Application to NTCAT for review of Director's decision.................. 31\n\nTobacco Control Act 2002 iii\nPart 5 Sale by children and sale or supply to\nchildren\n42 Sale to children prohibited ............................................................. 31\n42A Sale of tobacco product by child employee ................................... 31\n43 Supply to, or purchase for, children prohibited .............................. 32\n44 Defence ......................................................................................... 32\n45 False identification ......................................................................... 32\n46 Sale of children's products resembling tobacco products .............. 33\nPart 6 Administration and enforcement\n47 Authorised officers ......................................................................... 33\n48 Identity cards ................................................................................. 33\n49 Functions ....................................................................................... 34\n50 Entry and search powers ............................................................... 34\n50A Power to stop motor vehicle and smoking in motor vehicle ........... 36\n51 Power to require identification ....................................................... 36\n52 Obstruction etc. of authorised officers ........................................... 36\n53 Wholesalers to provide information about retailers ........................ 36\n53A Wholesalers to provide information about quantity of tobacco\nproducts supplied .......................................................................... 37\n54 Misleading information ................................................................... 37\n54A Appointment of Director of Tobacco Control .................................. 38\n54B Annual report ................................................................................. 38\n54C Approved forms ............................................................................. 38\n55 Delegation by Chief Health Officer or Director ............................... 38\n56 Legal immunity .............................................................................. 39\n57 Confidentiality of information ......................................................... 39\nPart 7 Miscellaneous\n57A Acquisition on just terms ................................................................ 40\n58 Regulations.................................................................................... 40\nPart 8 Transitional matters for Tobacco Control\nLegislation Amendment Act 2010\n59 Outdoor eating and drinking areas – exemption for transitional\nperiod ............................................................................................ 42\n60 Savings – existing tobacco retail licences ..................................... 43\nPart 9 Transitional matters for Tobacco Control\nLegislation Amendment Act 2014\n61 Offences – before and after commencement................................. 43\n\nTobacco Control Act 2002 iv\nPart 10 Transitional matters for Licensing\n(Director-General) Act 2014\nDivision 1 Definitions\n62 Definitions ...................................................................................... 44\nDivision 2 Applications\n63 Application to NTLC Director – pending decision .......................... 44\nDivision 3 Review of decisions\n64 New review regime applies to post-commencement decisions...... 45\n65 Review of pre-commencement decision – application not yet\nmade ............................................................................................. 45\n66 Review of pre-commencement decision – application made ......... 45\nDivision 4 General matters\n67 Continuation of ongoing documents and things ............................. 46\n68 Legal immunity of NTLC Director continues .................................. 47\nPart 11 Transitional matters for Licensing\n(Director-General) Repeal Act 2020\n69 Definitions ...................................................................................... 47\n70 Applications to be decided by Director .......................................... 47\n71 Director to complete delegate decision reviews............................. 47\n72 Continuation of instruments, appointments, documents etc. ......... 47\nSchedule Reviewable decisions\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 February 2026\n____________________\nTOBACCO CONTROL ACT 2002\nAn Act to restrict smoking in certain public places and workplaces, to\nregulate packaging, advertising (including through sponsorship), and\ndisplay of tobacco and other smoking products, to regulate conduct of\npremises at which tobacco and other smoking products are sold by\nretail, to prohibit sale and supply of tobacco and other smoking\nproducts to children, and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Tobacco Control Act 2002.\n2 Commencement\n(1) Part 3, Divisions 2, 3 (other than section 23) and 4 (other than\nsection 27) and section 28 come into operation on 31 May 2003.\n(2) The remaining provisions of this Act come into operation on the\ndate, or respective dates, fixed by the Administrator by notice in the\nGazette.\n3 Object\nThe object of this Act is to reduce the harm to people's health from\nthe consumption of tobacco and other smoking products:\n(a) by discouraging people from smoking; and\n(b) by reducing people's exposure to environmental tobacco\nsmoke; and\n(c) by supporting people to stop smoking.\n4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthat the legislative powers of the Legislative Assembly permit, the\nCrown in all its other capacities.\n\nPart 1 Preliminary\nTobacco Control Act 2002 2\n4A Application to e-cigarettes\n(1) This Act applies in relation to the following as if they were tobacco\nproducts:\n(a) e-cigarettes;\n(b) e-cigarette accessories;\n(c) any other device or accessory prescribed by the Regulations.\n(2) A reference in this Act that relates to smoke or smoking of tobacco\nproducts is to be read as including:\n(a) a reference to vaping or other use of e-cigarettes; and\n(b) a reference to the use of any other device or accessory\nprescribed by the Regulations.\n5 Definitions\nIn this Act:\nadult means a person who is 18 or more years of age.\naffected person, see section 41.\nair-conditioning inlet area means an area within 3 metres of an\nair-conditioning inlet (whether indoors or outdoors) through which\nair is directed into a smoke-free area, other than an air-conditioning\ninlet that draws air from an exempt area.\napproved form means a form approved under section 54C.\nauthorised officer has the meaning in section 47.\nbrand, in relation to a tobacco product, means a work produced for\nthe purpose of advertising or promoting the tobacco product.\nbrand marketing, in relation to a tobacco product, means the\ndistribution or supply (whether for valuable consideration or not) by\nor on behalf of a manufacturer, distributor, wholesaler or retailer of\ntobacco products of a thing (other than a tobacco product that is\npackaged in accordance with this Act and the Regulations) that\nbears:\n(a) the brand, brand name or trade mark of a tobacco product; or\n(b) the name of the manufacturer; or\n\nPart 1 Preliminary\nTobacco Control Act 2002 3\n(c) the name of the distributor, wholesaler or retailer who is\nengaged solely or predominantly in the distribution,\nwholesaling or retailing of tobacco products; or\n(d) a name that a reasonable person would associate with a\ntobacco product.\nbrand name, in relation to a tobacco product, means the brand\nname, or any part of it, under which the tobacco product is sold,\nand includes a trade mark.\nchild means a person who is under 18 years of age.\ncommercial passenger vehicle has the same meaning as in the\nCommercial Passenger (Road) Transport Act 1991.\ndelegate decision, see section 41.\nDirector means the Director of Tobacco Control appointed under\nsection 54A.\ne-cigarette means:\n(a) a device, other than a device excluded by the Regulations,\nthat is designed for vaping; or\n(b) another device of a kind prescribed by the Regulations that is\ndesigned to be used in a way that replicates, or produces an\nexperience similar to, the use of a tobacco product.\ne-cigarette accessory means:\n(a) a cartridge, capsule or other container designed to contain a\nliquid, aerosol, gas or vapour for use in an e-cigarette; or\n(b) a cartridge, capsule or other container designed to contain\ntobacco or a similar product for use in an e-cigarette; or\n(c) a heating element designed for use in an e-cigarette; or\n(d) another component of an e-cigarette of a kind prescribed by\nthe Regulations.\neducational facility means:\n(a) a school, including all of the school's buildings and grounds; or\n(b) a pre-school, including all of the pre-school's buildings and\ngrounds; or\n\nPart 1 Preliminary\nTobacco Control Act 2002 4\n(c) a commercial childcare facility (other than domestic premises\nused for that purpose), including all of the facility's buildings\nand grounds; or\n(d) domestic premises used as a commercial childcare facility, but\nonly during the hours of operation of the facility and not\nincluding the premises' grounds; or\n(e) any other facility primarily used for the provision of education\nor care for children, including all of the facility's buildings and\ngrounds.\nenclosed public area means a place, or a part of a place, that is\nused or is intended to be used by members of the public and has a\nceiling or roof and (except for doorways and passageways) is\ncompletely or substantially enclosed by walls, windows, blinds,\ncurtains or other objects, materials or things.\nenclosed workplace area means a place, or part of a place, of\nemployment (other than an enclosed public place) that has a ceiling\nor roof and (except for doorways and passageways) is completely\nor substantially enclosed by walls, windows, blinds, curtains or\nother objects, materials or things, but does not include a place, or\npart of a place, of business that is in or on domestic premises if that\nplace or part is not used and is not intended to be used by\nmembers of the public or employees of the business.\nentrance area means an area within 2 metres of a door, window or\nother opening that opens into or onto an enclosed public area or an\nenclosed workplace area.\nentry and boundary area of a place means:\n(a) an area within 10 m of the gate or similar entry point to the\nplace; and\n(b) if there is a boundary to the place, or a boundary is indicated\nby signs (including no smoking signs), an area within\n10 metres of the boundary.\nexempt area means an area designated under section 11 to be an\nexempt area.\nfood service area has the meaning in section 5A.\nindoor food service area means a food service area that is part of\nan enclosed public area or part of an enclosed workplace area.\n\nPart 1 Preliminary\nTobacco Control Act 2002 5\ninfringement notice means an infringement notice within the\nmeaning of the Fines and Penalties (Recovery) Act 2001 that is\nissued under the Regulations in respect of an offence against this\nAct or the Regulations.\nlicensed tobacco retailer means the holder of a tobacco retail\nlicence.\nliquor licensed premises means premises that are licensed under\nthe Liquor Act 2019.\nliquor licensee means a person who holds a licence under the\nLiquor Act 2019, other than an interstate retailer's licence.\nmotor vehicle means a vehicle designed to be self-propelled,\nincluding a trailer or caravan when attached to such a vehicle, but\nexcluding the following:\n(a) a vehicle that runs on rails;\n(b) a powered cycle, as defined in section 5(1) of the Motor\nVehicles Act 1949;\n(c) a campervan or caravan that is parked and set up as a place\nfor living or sleeping;\n(d) a smoke-free area.\noutdoor eating and drinking area, see section 5B.\noutdoor food service area means a food service area that is not\nan enclosed public area or an enclosed workplace area.\noutdoor public venue means an outdoor venue that is used or is\nintended to be used by the public, or part of such venue, if that\nplace or part has fixed seating.\npackage, in relation to a tobacco product, means the package in\nwhich the tobacco product is sold or supplied or is intended to be\nsold or supplied, and includes:\n(a) a box, carton, cylinder, packet, pouch and tin; and\n(b) a wrapping other than a transparent outer wrapping.\nphotographic identification means:\n(a) a current driver's licence that includes a photograph, and\nindicates the date of birth, of the person to whom it is issued;\nor\n\nPart 1 Preliminary\nTobacco Control Act 2002 6\n(b) a passport; or\n(c) a form of photographic identification prescribed by the\nRegulations.\npremises includes a building, a vehicle and a vessel.\npublic transport means a vehicle or vessel (including but not\nlimited to a commercial passenger vehicle, train or ferry) that is\nused or is intended to be used by fare-paying passengers, and\nincludes the driver's seat, a cabin or any other place in or on the\nvehicle or vessel from which it is driven or otherwise controlled or\noperated.\npublic transport area means:\n(a) a place (including but not limited to a bus stop, station,\nterminal or airport) that is used or is intended to be used by\npassengers boarding or alighting from public transport and at\nwhich shelter is provided for those passengers; or\n(b) an area within a prescribed distance (if any) of a taxi zone\nwithin the meaning of the Australian Road Rules, whether\nshelter is provided in that area for passengers boarding or\nalighting from taxis or not.\nreviewable decision, see section 41.\nsell includes:\n(a) to barter or exchange; and\n(b) to offer or expose for sale, barter or exchange; and\n(c) to supply, or offer to supply, in circumstances in which the\nsupplier derives, or would derive, a direct or indirect pecuniary\nbenefit; and\n(d) to supply, or offer to supply, gratuitously but with a view to\ngaining or maintaining custom, or otherwise with a view to\ncommercial gain.\nshared accommodation means:\n(a) a residential facility for which an approval is in force under the\nAged Care Act 1997 (Cth) for an approved provider to provide\nresidential care to persons in the facility; or\n(b) commercial visitor accommodation, as defined in the Public\nand Environmental Health Regulations 2014.\n\nPart 1 Preliminary\nTobacco Control Act 2002 7\nsmoke-free area has the meaning in section 7.\nsmoking means releasing smoke or fumes from an ignited tobacco\nproduct, and includes holding or controlling an ignited tobacco\nproduct.\nspecialist tobacconist means a person who conducts a business\nselling tobacco products by retail where:\n(a) 85% or more of the average annual gross turnover of the\nbusiness is derived from the sale of tobacco products; and\n(b) the business is conducted separately from, and not in\nconjunction with, any other business.\ntobacco product has the meaning in section 6.\ntobacco retail licence means a tobacco retail licence referred to in\nsection 28.\ntrade mark means a registered trade mark within the meaning of\nthe Trade Marks Act 1995 of the Commonwealth.\nvalue-added marketing, in relation to a tobacco product, means a\nmarketing device, plan or scheme (other than price discounting):\n(a) that depends on the purchase of a tobacco product; or\n(b) that provides or is intended to provide a material incentive to\npurchase a tobacco product, being a material incentive that is\nin addition to the acquisition of the tobacco product; or\n(c) a purpose of which is to obtain information that is intended or\nis likely to be used to market tobacco products.\nvaping, in relation to an e-cigarette, means using the e-cigarette to\ngenerate or release an aerosol or vapour by electronic means for\ninhalation by the user in a manner that replicates, or produces an\nexperience similar to, smoking.\nvending machine means a machine that is used or is intended to\nbe used to dispense tobacco products directly to customers.\nvoluntarily declared area, see section 7A.\nNote for section 5\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nPart 1 Preliminary\nTobacco Control Act 2002 8\n5A Food service area\n(1) An area is a food service area during any period food is prepared or\nserved in the area.\n(2) However, an area is not a food service area during a period if the\nonly food prepared or served in the area during the period is a\nprescribed class of food.\n(3) In this section:\npre-packaged food means food that is sealed in the container or\npackage in which the manufacturer of the food intended the food to\nbe sold by retail.\npreparing or serving, of food, does not include:\n(a) selling pre-packaged food; or\n(b) eating food (including food prepared or served elsewhere).\nservice, of food, includes self-service.\n5B Outdoor eating and drinking area\n(1) An area is an outdoor eating and drinking area if:\n(a) the area is used or intended to be used by members of the\npublic but is not an enclosed public area; and\n(b) persons in the area may consume food or drink provided from\nan on-site food service; and\n(c) either of the following apply:\n(i) a person would reasonably expect the area is used or\nintended to be used for consuming food or drink\nprovided from the on-site food service;\n(ii) the area is bounded by a fence.\nExample for paragraph (c)(i)\nAn area on a footpath outside a cafe or takeaway food store where there are\ntables and chairs.\nExamples for paragraph (c)(ii)\n1 A fenced sporting ground at which persons may consume food or drink\npurchased at the ground.\n2 An area of a park, temporarily fenced off, in which persons may consume\nfood or drink purchased at a cultural festival conducted in the park.\n\nPart 1 Preliminary\nTobacco Control Act 2002 9\n(2) An area may be an outdoor eating and drinking area whether or not\nthe area constitutes liquor licensed premises.\n(3) However, an area is an outdoor eating and drinking area only while:\n(a) food or drink is being provided, or is available to be provided,\nfrom an on-site food service; or\n(b) food or drink provided from an on-site food service is being\nconsumed in the area.\n(4) Food or drink is taken to be provided from an on-site food service\nwhether it is:\n(a) served to a person in the outdoor eating or drinking area by or\nfor a person conducting the on-site food service; or\n(b) taken by a person from the on-site food service for\nconsumption in the outdoor eating or drinking area.\n(5) If an area that would otherwise be within an outdoor eating or\ndrinking area is clearly designated as an area where no food or\ndrink may be consumed, the area is taken not to be part of the\noutdoor eating or drinking area.\n(6) Despite subsections (1) to (5), each of the following is not an\noutdoor eating and drinking area:\n(a) premises used, or intended to be used, as a place of\nresidence or mainly as a place of residence;\n(b) the playing field of a sporting facility while it is being used for\nsporting activities;\n(c) an area constituting car parks, boat ramps or driveways (for\nexample, the drive-through area of a bottle shop);\n(d) an area that is larger than 5 acres and is separated (by a\nbarrier or other means) from any on-site food service;\n(e) an area exempt under section 5C.\n(7) In this section:\non-site food service, in relation to an area, means a business, or\nan enterprise of a commercial, charitable or community nature, that\nprovides food or drink in, or adjacent to, the area.\nprovide, food or drink, includes give or sell the food or drink.\n\nPart 1 Preliminary\nTobacco Control Act 2002 10\n5C Exemption for major event\n(1) The Minister may, by Gazette notice, declare all or part of an area\nin which a major public event will be held not to be an outdoor\neating and drinking area during all or part of the event.\n(2) The Minister may make the declaration only if:\n(a) the person responsible for organising the major public event\n(the event organiser) applied to the Minister for the\ndeclaration at least 3 months, or a shorter period approved by\nthe Minister, before the event; and\n(b) the Minister is satisfied reasonable measures will be put in\nplace to minimise the exposure of members of the public and\nanyone acting for the event organiser to environmental\ntobacco smoke.\n(3) An exemption may specify any conditions the Minister considers\nreasonable in the circumstances.\n(4) If a declaration is made under subsection (1) in relation to a major\npublic event, the event organiser must comply with the conditions\nspecified in the exemption.\nMaximum penalty: 20 penalty units.\n6 Tobacco products\n(1) A tobacco product is a product, the main ingredient of which is\ntobacco, that is used or is intended to be used for human\nconsumption by smoking or chewing, and includes tobacco,\ncigarettes and cigars.\n(2) A tobacco product includes a product, the main ingredient of which\nis plant matter (other than tobacco) the possession of which is\nlawful, that is used or is intended to be used for human\nconsumption by smoking.\n(3) A tobacco product does not include:\n(a) nicotine or a product containing nicotine, but only to the extent\nthat the Medicines, Poisons and Therapeutic Goods Act 2012\napplies in relation to the nicotine or product containing\nnicotine; or\n(b) matter that is normally used or is normally intended to be used\nfor burning as incense.\n\nPart 2 Smoke-free areas\nTobacco Control Act 2002 11\n6A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 6A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Smoke-free areas\n7 Smoke-free area\n(1) Subject to subsection (2), a smoke-free area is any of the following:\n(a) an enclosed public area;\n(b) an enclosed workplace area;\n(c) an outdoor public venue;\n(d) a food service area;\n(e) public transport;\n(f) a public transport area;\n(g) shared accommodation;\n(h) an educational facility and the entry and boundary area of the\nfacility;\n(i) an entrance area;\n(j) an air-conditioning inlet area;\n(k) a voluntarily declared area;\n(l) an outdoor eating and drinking area;\n(m) the entry and boundary area of a community event or\ncommunity facility prescribed by the Regulations.\n(2) A smoke-free area does not include:\n(a) domestic premises (other than domestic premises to which\nparagraph (d) of the definition of educational facility in\nsection 5 applies); or\n\nPart 2 Smoke-free areas\nTobacco Control Act 2002 12\n(b) an exempt area.\n7A Voluntarily declared area\n(1) The owner or occupier of premises that include an outdoor area\nthat is used or intended to be used by members of the public may\ndeclare all or part of that area (a voluntarily declared area) to be a\nsmoke-free area.\n(2) The declaration has effect only if the owner or occupier of the\npremises prepares and keeps in the premises for inspection by\nmembers of the public and authorised officers a document (the\nsmoke-free area plan) that:\n(a) identifies the smoke-free area; and\n(b) if a commercial operation is conducted in, on or from the\npremises – describes the training or instruction that is given to\nstaff to ensure this Act and the smoke-free area plan are\ncomplied with; and\n(c) provides for signage that clearly identifies where smoking is or\nis not allowed in or on the premises (including signage\nrequired under section 8).\n8 Signs to be displayed\n(1) An occupier of a smoke-free area must display the prescribed sign\nor signs indicating that the area is a smoke-free area.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) An occupier does not commit an offence against subsection (1) in\nrelation to a smoke-free area of a class prescribed under\nsubsection (4).\n(4) The Regulations may prescribe a class or classes of smoke-free\nareas in relation to which subsection (1) does not apply.\n9 Smoker commits offence\n(1) A person must not smoke in a smoke-free area.\nMaximum penalty: 20 penalty units.\n\nPart 2 Smoke-free areas\nTobacco Control Act 2002 13\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves:\n(a) that there were no prescribed signs in place indicating that the\narea was a smoke-free area; and\n(b) that there was no other indication given by the occupier of the\narea that it was a smoke-free area.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves that the defendant was\ntaking part in a bona fide theatrical performance and did not\ncontinue to smoke for longer than was necessary for the purposes\nof the performance.\n10 Occupier commits offence\n(1) The occupier of premises commits an offence if:\n(a) a person smokes in an area of the premises; and\n(b) the area is a smoke-free area.\nMaximum penalty: 20 penalty units.\n(1A) Strict liability applies to subsection (1)(a).\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves:\n(a) that the prescribed sign or signs had been displayed as\nrequired by section 8(1); and\n(b) that the defendant and his or her employees and agents did\nnot encourage smoking in the smoke-free area (including but\nnot limited to by not providing ashtrays for the area); and\n(c) that:\n(i) the defendant and his or her employees and agents did\nnot know, and could not reasonably have been expected\nto know, that the person was smoking; or\n(ii) within a reasonable time of becoming aware that the\nperson was smoking, the defendant or one of his or her\nemployees or agents had asked the person to stop\nsmoking or to move to an area in which smoking is not\nprohibited under this Act or the Regulations; and\n\nPart 2 Smoke-free areas\nTobacco Control Act 2002 14\n(d) if applicable – that the defendant and his or her employees\nand agents had stopped providing the person smoking with\ngoods and services.\n(3) A person who is asked to stop smoking or to move in accordance\nwith subsection (2)(c), or who is no longer being served in\naccordance with subsection (2)(d), remains liable to pay for any\ngoods and services that the person has already been provided with,\nor has already ordered, but has not yet paid for.\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves that the person smoking was\ntaking part in a bona fide theatrical performance and did not\ncontinue to smoke for longer than was necessary for the purposes\nof the performance.\n11 Exempt areas\n(1) Subject to subsection (2), the Regulations may permit the occupier\nof premises or the occupiers of a class of premises to designate an\narea within the premises to be an exempt area, subject to the\nconditions (if any) specified in the Regulations.\n(2) An occupier of premises cannot designate any of the following\nareas to be an exempt area:\n(a) a dance floor;\n(b) an indoor food service area;\n(c) a common access area (including but not limited to a foyer\narea, a doorway, a passageway, a stairway, a toilet or ablution\narea, or a changing room);\n(d) an entrance area that is not part of an outdoor food service\narea;\n(e) an air-conditioning inlet area.\n(3) The matters that the Regulations may specify as conditions for the\npurposes of subsection (1) include but are not limited to the\nfollowing:\n(a) a requirement that an occupier of an exempt area establish\nand maintain a smoke-free area of equal amenity to that of the\nexempt area;\n(b) a requirement that an occupier of an exempt area put in place\nmeasures to minimise employees' exposure to environmental\ntobacco smoke.\n\nPart 2A Smoking in motor vehicles with children under 16 prohibited\nTobacco Control Act 2002 15\n(3A) For the purposes of subsection (3)(a), a smoke-free area of equal\namenity is to be additional to any smoke-free areas specified in\nsubsection (2).\n(4) If a person smokes in an exempt area in circumstances that\ncontravene a condition specified by the Regulations for the\npurposes of subsection (1), the occupier of the exempt area\ncommits an offence.\nMaximum penalty: 20 penalty units.\n(4A) The regulations may prescribe the following matters in relation to\nexempt areas on or in liquor licensed premises:\n(a) the conditions applicable to an exempt area, which may vary\nfor different liquor authorities;\n(b) a process for liquor licensees to obtain a certificate from the\nDirector certifying that the area complies with the applicable\nconditions;\n(c) the payment of a fee prescribed by regulation for the\ncertificate;\n(d) any other matters related to exempt areas on or in liquor\nlicensed premises.\n(5) This section does not, and a regulation made for the purposes of\nthis section cannot, require an occupier of premises to designate an\narea within the premises to be an exempt area.\nPart 2A Smoking in motor vehicles with children under\n16 prohibited\n11A Offence to smoke in motor vehicle with child under 16\n(1) A person who is 16 years or older commits an offence if:\n(a) the person smokes in a motor vehicle; and\n(b) the motor vehicle is on a public street or in a public place; and\n(c) another person is in the motor vehicle; and\n(d) the other person is under 16 years of age.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n\nPart 3 Packaging, advertising and sponsorship, displays, points of sale\nDivision 1 Packaging requirements\nTobacco Control Act 2002 16\n(3) In proceedings for an offence against subsection (1), if it is proved\nthat the other person appeared to be under the 16 years, the\nperson is presumed to be under 16 years in the absence of\nevidence to the contrary.\nNote for subsection (3)\nThe prosecution has a legal burden to prove that the person appeared to be\nunder 16 years. The defendant has an evidentiary burden in relation to evidence\nto the contrary.\n(4) In this section:\npublic place means a place the public is entitled to use or that is\nopen to or used by the public, whether on payment of money or\notherwise.\nPart 3 Packaging, advertising and sponsorship,\ndisplays, points of sale\nDivision 1 Packaging requirements\n12 Health warnings on packaging\n(1) A person must not sell tobacco products unless they are enclosed\nin a package that displays a prescribed health warning.\nMaximum penalty: 100 penalty units.\n(2) A person must not sell tobacco products that are enclosed in 2 or\nmore packages unless each package displays a prescribed health\nwarning.\nMaximum penalty: 100 penalty units.\n(3) A person must not sell a package containing tobacco products on\nwhich:\n(a) the words \"non-injurious\" or \"non-hazardous\" appear; or\n(b) words that convey, or tend to convey, an indication that\nsmoking is not a hazard to health appear,\nwhether the package otherwise complies with this Act and the\nRegulations or not.\nMaximum penalty: 100 penalty units.\n(4) An offence against this section is an offence of strict liability.\n\nPart 3 Packaging, advertising and sponsorship, displays, points of sale\nDivision 2 Advertising and sponsorship restrictions\nTobacco Control Act 2002 17\n(5) In this section:\ntobacco products do not include e-cigarettes, e-cigarette\naccessories or any other device or accessory prescribed by the\nRegulations for section 4A.\n13 Size of cigarette packets for sale\nA person must not sell cigarettes other than in packets containing\n20 or more cigarettes.\nMaximum penalty: 20 penalty units.\n14 Weight of loose tobacco for sale\nA person must not sell loose tobacco other than in packets\ncontaining 25 grams or more of loose tobacco.\nMaximum penalty: 20 penalty units.\nDivision 2 Advertising and sponsorship restrictions\n15 Tobacco advertising in public places prohibited\n(1) A person must not display, publish or broadcast an advertisement\nfor a tobacco product so that it can be seen or heard in or from a\npublic place.\nMaximum penalty: 200 penalty units.\n(2) A person does not commit an offence against subsection (1) if:\n(a) the display, publication or broadcast is for a bona fide purpose\nother than the promotion of the tobacco product; or\n(b) the advertisement is in, on or part of the packaging of the\ntobacco product, but only if the advertisement does not extend\nbeyond the borders of the packaging and was not added to\nthe packaging after the tobacco product was sold by\nwholesale; or\n(c) the advertisement is, or is in a class of advertisements,\nprescribed by the Regulations.\n16 Brand marketing and value-added marketing prohibited\nA person must not engage in brand marketing or value-added\nmarketing in relation to a tobacco product.\nMaximum penalty: 200 penalty units.\n\nPart 3 Packaging, advertising and sponsorship, displays, points of sale\nDivision 2 Advertising and sponsorship restrictions\nTobacco Control Act 2002 18\n17 Price discounting not to be advertised\nA person commits an offence if:\n(a) the person engages in price discounting of a product; and\n(b) the product is a tobacco product; and\n(c) the person advertises the price discounting of the product.\nMaximum penalty: 20 penalty units.\n18 Restrictions on price boards\nA person who sells tobacco products by retail must not display the\navailability or prices of tobacco products other than on a price board\nthat complies with the prescribed requirements (if any).\nMaximum penalty: 20 penalty units.\n19 Sponsorship of events restricted\n(1) A person must not sponsor a public event if, included as part of the\nsponsorship arrangement, is the display, publication or broadcast\nof:\n(a) the brand, brand name or trade mark of a tobacco product; or\n(b) the name of a manufacturer of a tobacco product; or\n(c) the name of a distributor, wholesaler or retailer who is\nengaged solely or predominantly in the distribution,\nwholesaling or retailing of tobacco products; or\n(d) a name that a reasonable person would associate with a\ntobacco product.\nMaximum penalty: 200 penalty units.\n(2) In subsection (1):\npublic event means an event that members of the public may\nattend, whether on payment of an entry fee or not.\n\nPart 3 Packaging, advertising and sponsorship, displays, points of sale\nDivision 3 Display restrictions\nTobacco Control Act 2002 19\nDivision 3 Display restrictions\n20 Display of tobacco products\n(1) The occupier of premises in, on or from which tobacco products are\nsold must ensure the products cannot be seen from inside or\noutside the premises.\nMaximum penalty: 20 penalty units.\n(2) Subsection (1) does not apply in relation to:\n(a) the display of tobacco products which can only be seen by the\noccupier of the premises or someone acting for the occupier of\nthe premises; or\n(b) the display of tobacco products:\n(i) in or on a vending machine; or\n(ii) the display of particular tobacco products to a particular\nperson for a sale of the products; or\n(iii) the display of particular tobacco products by a particular\nperson following the sale of the products to the person;\nor\n(iv) the display of tobacco products in circumstances\nprescribed by regulation.\n(3) An offence against subsection (1) is an offence of strict liability.\n22 Conditions of vending machine displays\n(1) If a vending machine is the sole point of sale of tobacco products in\na bar area of liquor licensed premises:\n(a) the numbers of packets of cigarettes, cigars (other than cigars\nsold singly) or other tobacco products displayed in or on the\nmachine:\n(i) cannot exceed one packet of each kind of cigarette,\ncigar or other tobacco product that is available under\neach brand name; and\n(ii) cannot exceed one packet of each size of packet for\neach kind of cigarette, cigar or other tobacco product\nthat is available under each brand name; and\n\nPart 3 Packaging, advertising and sponsorship, displays, points of sale\nDivision 4 Restrictions on points of sale\nTobacco Control Act 2002 20\n(b) the total area of tobacco products displayed in or on the\nmachine cannot exceed the prescribed area (if any).\n(3) For the purposes of subsection (1), the Regulations may prescribe\nan area to be nil.\n(4) The liquor licensee of liquor licensed premises commits an offence\nif subsection (1) is contravened in relation to a vending machine in\na bar area of the premises.\nMaximum penalty: 20 penalty units.\n(5) An offence against subsection (4) is an offence of strict liability.\n23 Signs to be displayed on vending machines\n(1) The liquor licensee of liquor licensed premises on which a vending\nmachine is located must ensure that both of the following are\naffixed to, and kept conspicuously displayed on, the front of the\nmachine:\n(a) a prescribed health warning;\n(b) a prescribed notice indicating that selling tobacco products to\nchildren is prohibited.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\nDivision 4 Restrictions on points of sale\n25 Point of sale restrictions\n(1) The occupier of premises commits an offence if:\n(a) the premises are not liquor licensed premises; and\n(b) there is more than one point of sale for tobacco products in or\non the premises.\nMaximum penalty: 100 penalty units.\n(2) The occupier of premises commits an offence if:\n(a) the premises are liquor licensed premises; and\n(b) in or on the premises there is:\n(i) more than one over the counter point of sale for tobacco\nproducts for each bar area of the premises; or\n\nPart 3 Packaging, advertising and sponsorship, displays, points of sale\nDivision 4 Restrictions on points of sale\nTobacco Control Act 2002 21\n(ii) more than one vending machine for tobacco products for\neach bar area of the premises.\nMaximum penalty: 100 penalty units.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n26 Vending machine restrictions\n(1) The occupier of premises commits an offence if:\n(a) the premises are not liquor licensed premises; and\n(b) there is a vending machine for tobacco products in or on the\npremises.\nMaximum penalty: 100 penalty units.\n(2) The occupier of premises commits an offence if:\n(a) the premises are liquor licensed premises; and\n(b) there is a vending machine for tobacco products in an area of\nthe premises; and\n(c) the area is not a children free area.\nMaximum penalty: 100 penalty units.\n(4) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(5) In this section:\nchildren free area means an area in liquor licensed premises\nprohibited to children under section 298 of the Liquor Act 2019.\n27 Signs to be displayed at point of sale other than vending\nmachine\n(1) The occupier of premises commits an offence if:\n(a) there is a point of sale for tobacco products, other than a\nvending machine, in or on the premises; and\n(b) neither of the following are displayed at the point of sale:\n(i) a prescribed health warning;\n\nPart 4 Licensing of tobacco retailers\nTobacco Control Act 2002 22\n(ii) a prescribed notice indicating that selling tobacco\nproducts to children is prohibited.\nMaximum penalty: 100 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\nPart 4 Licensing of tobacco retailers\n28 Offence to sell by retail without licence\nA person must not sell a tobacco product by retail unless:\n(a) the person sells the tobacco product in, on or from premises\nspecified in a tobacco retail licence; and\n(b) the person is:\n(i) the licensed tobacco retailer in respect of the premises\nreferred to in paragraph (a); or\n(ii) an employee or agent of that licensed tobacco retailer;\nor\n(iii) any other person authorised under the tobacco retail\nlicence referred to in paragraph (a) to sell tobacco\nproducts by retail in, on or from the premises referred to\nin paragraph (a); and\n(c) the sale is otherwise authorised under the tobacco retail\nlicence referred to in paragraph (a).\nMaximum penalty: 500 penalty units.\n29 Grant or refusal of licence\n(1) An application for the grant of a tobacco retail licence:\n(a) is to be in a form approved by the Director; and\n(b) is to specify:\n(i) the premises to which the application relates; and\n(ii) a licence period of 1 year, 3 years or 5 years; and\n(c) is to be accompanied by the information and fee prescribed by\nregulation.\n\nPart 4 Licensing of tobacco retailers\nTobacco Control Act 2002 23\n(2) On receipt of an application for the grant of a tobacco retail licence\nin accordance with subsection (1), the Director may:\n(a) grant the licence for the licence period specified in the\napplication, subject to the conditions (if any) specified in the\nlicence; or\n(b) refuse to grant the licence.\n(3) The Director may only grant a tobacco retail licence if:\n(a) the Director is satisfied:\n(i) if the application relates to liquor licensed premises –\nthat the applicant is the liquor licensee of those\npremises; and\n(ii) if the application relates to any other kind of premises –\nthat the applicant is an adult; and\n(iii) as to the prescribed criteria (if any); and\n(b) the Director is not aware of any other reason to refuse to grant\nthe licence.\n(4) In considering an application for the grant of a tobacco retail\nlicence, the Director may require the applicant to provide further\nspecified information within a specified period.\n(5) If a tobacco retail licence is granted to a specialist tobacconist, that\nis to be indicated on the licence.\n(6) For the purposes of subsection (3)(a)(iii), the Regulations may\nprescribe different criteria for different classes of application.\n29A Renewal of licence\n(1) The holder of a tobacco retailer licence may apply for the renewal\nof the licence within 3 months before the expiry date of the licence.\n(1A) If an application for renewal is made while the licence is still in\nforce, the licence remains in force until the date that the applicant is\nnotified of the outcome of the renewal application.\n(1B) If an application for renewal is granted, the renewed licence is\ntaken to have commenced on the date following the expiry date of\nthe licence it renews.\n\nPart 4 Licensing of tobacco retailers\nTobacco Control Act 2002 24\n(2) Section 29 applies to an application under subsection (1) in the\nsame way as it applies to an application for the grant of a tobacco\nretailer licence.\n30 Conditions of licence\nThe holder of a tobacco retail licence that is in force must comply\nwith the conditions of the licence.\nMaximum penalty: 100 penalty units.\n31 Effect of licence\nA tobacco retail licence authorises the sale of tobacco products by\nretail in, on or from the premises specified in the licence, subject to\nthe conditions (if any) specified in the licence.\n32 When a licence is in force\n(1) A tobacco retail licence ceases to be in force when the first of the\nfollowing happens:\n(a) the end of the licence period;\n(b) the licence is surrendered or cancelled under this Part;\n(c) if the licensed tobacco retailer is an individual – he or she\ndies;\n(d) if the licensed tobacco retailer is a body corporate – it is\ndissolved.\n(2) To avoid doubt, a tobacco retail licence that is suspended remains\nin force while suspended unless it ceases to be in force under\nsubsection (1).\n33 Licence to be displayed\nA licensed tobacco retailer must display a copy of his or her\ntobacco retail licence at each point of sale for tobacco products in\nor on the premises so that the copy of the licence can be seen\nclearly by customers at that point of sale.\nMaximum penalty: 20 penalty units.\n34 Surrender of licence\nA licensed tobacco retailer may surrender his or her licence by\nreturning it to the Director.\n\nPart 4 Licensing of tobacco retailers\nTobacco Control Act 2002 25\n35 Variation of conditions\n(1) An application for the variation of the conditions of a tobacco retail\nlicence may be made by the licensed tobacco retailer and is to be:\n(a) in a form approved by the Director; and\n(b) accompanied by the prescribed information (if any).\n(2) On receipt of an application for the variation of the conditions of a\ntobacco retail licence in accordance with subsection (1), the\nDirector may:\n(a) vary the conditions of the licence in the way proposed in the\napplication or in a different way from that proposed in the\napplication; or\n(b) refuse to vary those conditions.\n(3) The Director may, on his or her own initiative, vary the conditions of\na tobacco retail licence.\n(4) The variation of the conditions of a tobacco retail licence:\n(a) may include the omission or substitution of some or all of\nthose conditions or the addition of further conditions; and\n(b) may include the substitution of other premises for the\npremises specified in the licence.\n(5) In considering an application for the variation of the conditions of a\ntobacco retail licence, the Director may require the applicant to\nprovide further specified information within a specified period.\n36 Transfer of licence\n(1) An application for approval to transfer a tobacco retail licence may\nbe made by the proposed transferee and is to be:\n(a) in a form approved by the Director; and\n(b) accompanied by the prescribed information (if any).\n(2) On receipt of an application for approval to transfer a tobacco retail\nlicence in accordance with subsection (1), the Director may:\n(a) approve the transfer of the licence subject to the conditions (if\nany) specified in the approval; or\n(b) refuse to approve the transfer of the licence.\n\nPart 4 Licensing of tobacco retailers\nTobacco Control Act 2002 26\n(3) The conditions on which the transfer of a tobacco retail licence is\napproved:\n(a) may be the same as or different from the conditions on which\nthe transferor held the licence; and\n(b) may include the substitution of other premises for the\npremises specified in the licence.\n(4) The Director must not approve the transfer of a tobacco retail\nlicence if, had the application been for the grant of the licence\ninstead, the Director would have refused to grant the licence.\n(5) In considering an application for approval to transfer a tobacco\nretail licence, the Director may require the proposed transferee to\nprovide further specified information within a specified period.\n(6) The transfer of a tobacco retail licence takes effect on the date on\nwhich the Director approves the transfer or, if the approval specifies\na later date, the later date.\n36A Licence not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), a tobacco retail licence is not personal property for that Act.\nNote for section 36A\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n37 Director to be notified of change in circumstances\nA licensed tobacco retailer must notify the Director of a change in\nhis or her circumstances that is relevant to his or her tobacco retail\nlicence within 14 days of becoming aware of the change.\nMaximum penalty: 20 penalty units.\n38 Cancellation or suspension\n(1) The Director may cancel or suspend a tobacco retail licence if:\n(a) a retailer under the licence is found guilty of an offence\nagainst section 42 or 43; or\n(b) a retailer under the licence is found guilty of 2 or more\noffences against this Act or the Regulations (other than\noffences against section 42 or 43); or\n\nPart 4 Licensing of tobacco retailers\nTobacco Control Act 2002 27\n(c) 2 or more retailers under the licence are each found guilty of\nan offence against this Act or the Regulations (other than\noffences against section 42 or 43); or\n(d) a retailer under the licence is issued with 2 or more\ninfringement notices within a 12-month period; or\n(e) 2 or more retailers under the licence are each issued with an\ninfringement notice within a 12-month period; or\n(f) the licensed tobacco retailer provided the Director with\ninformation in support of his or her application for the grant of,\nor approval to transfer, his or her tobacco retail licence that\nwas false or misleading in a material particular.\n(2) The suspension of a tobacco retail licence has, during the period of\nsuspension, the same effect as the cancellation of the licence.\n(3) For the purposes of subsection (1), a person is a retailer under a\ntobacco retail licence if the person is:\n(a) the licensed tobacco retailer; or\n(b) an employee or agent of that licensed tobacco retailer; or\n(c) any other person authorised under the tobacco retail licence to\nsell tobacco products by retail.\n39 Notice to show cause\n(1) If the Director proposes to make:\n(a) a decision under section 29 granting a tobacco retail licence\nsubject to a specified condition or refusing to grant a tobacco\nretail licence; or\n(aa) a decision under section 29A renewing a tobacco licence\nsubject to a specified condition or refusing to renew a tobacco\nlicence; or\n(b) a decision under section 35 varying the conditions of a\ntobacco retail licence (either in a different way from that\nproposed in the application or on the Director's own initiative)\nor refusing to vary the conditions of a tobacco retail licence; or\n(c) a decision under section 36 approving the transfer of a\ntobacco retail licence subject to a specified condition or\nrefusing to approve the transfer of a tobacco retail licence; or\n\nPart 4A Review of decisions\nTobacco Control Act 2002 28\n(d) a decision under section 38 cancelling or suspending a\ntobacco retail licence,\nthe Director must invite the applicant for the grant of the licence, the\nlicensed tobacco retailer or the proposed transferee (as the case\nmay be) to provide, within a specified period, written reasons as to\nwhy the Director should not make that decision or should make a\ndifferent decision.\n(2) Before making a decision of a kind referred to in subsection (1)(a),\n(b), (c) or (d), the Director must consider any reasons provided by\nthe applicant, licensed tobacco retailer or proposed transferee in\naccordance with subsection (1).\n40 Notice of and reasons for decision\n(1) Within the prescribed period after making a decision under this\nPart, the Director must give the applicant for the grant of the\nlicence, the licensed tobacco retailer or both the proposed\ntransferee and transferor (as the case may be):\n(a) written notice of the decision; and\n(b) if the decision is of a kind referred to in section 39(1)(a), (b),\n(c) or (d) – written reasons for the decision.\n(2) In subsection (1):\nprescribed period means:\n(a) the period (if any) prescribed by the Regulations; or\n(b) if no period is prescribed for the purposes of paragraph (a) –\n28 days.\nPart 4A Review of decisions\n41 Definitions\nIn this Part:\naffected person, for a reviewable decision, means a person to\nwhom any of the following applies:\n(a) for a decision that relates to disciplinary action relating to a\nlicence – the person is the licensee;\n(b) for a decision that was made in relation to an application – the\nperson is the applicant;\n\nPart 4A Review of decisions\nTobacco Control Act 2002 29\n(c) the person made a submission, complaint or objection\n(however described) during the process that resulted in the\ndecision being made.\ndelegate decision means a reviewable decision that is made by a\ndelegate of the Director.\nreviewable decision means a decision specified in the Schedule.\n41A Notice of delegate decision\n(1) As soon as practicable after making a delegate decision, a delegate\nof the Director must give written notice of the decision to each\naffected person.\n(2) The notice must state the following:\n(a) the delegate decision and the reasons for it;\n(b) that the affected person may apply for a review of the decision\nunder section 41B;\n(c) the period allowed for applying for a review.\n41B Application for review\n(1) An affected person for a delegate decision may apply to the\nDirector for a review of the decision.\n(2) The application must be made:\n(a) within 28 days after written notice of the delegate decision is\ngiven to the affected person; or\n(b) by any later date allowed by the Director.\n(3) The application must:\n(a) be in the approved form; and\n(b) be accompanied by the fee prescribed by regulation; and\n(c) state the grounds on which it is made and the facts relied on\nto establish the grounds.\n41C Effect of application on delegate decision\n(1) The making of the application does not stay the operation of the\ndelegate decision.\n\nPart 4A Review of decisions\nTobacco Control Act 2002 30\n(2) Despite subsection (1), the Director may stay the operation of the\ndelegate decision pending completion of the review.\n41D Director to consider application\n(1) On receipt of the application, the Director must review the delegate\ndecision.\n(2) Despite subsection (1), if satisfied the application is frivolous or\nvexatious, the Director may reject the application without reviewing\nthe delegate decision.\n41E Conducting and deciding review\n(1) In reviewing the delegate decision, the Director must:\n(a) take into account any matter that this Act requires the Director\nto take into account in reviewing the decision; and\n(b) follow the procedures for review determined by the Director;\nand\n(c) comply with the rules of natural justice.\n(2) After reviewing the delegate decision, the Director must:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n41F Notice of decision on review\n(1) As soon as practicable after making a decision under section 41E,\nthe Director must give written notice of the decision to the following\npersons:\n(a) the applicant;\n(b) any other affected person.\n(2) The notice must state the following:\n(a) the Director's decision and the reasons for it;\n(b) details of any right the person has under this Act to apply for a\nreview of, or to appeal, the Director's decision.\n\nPart 5 Sale by children and sale or supply to children\nTobacco Control Act 2002 31\n41G Application to NTCAT for review of Director's decision\n(1) Subject to subsection (2), an affected person for a reviewable\ndecision may apply to NTCAT for review of the decision.\n(2) An affected person may only apply to NTCAT once the person has\nexhausted any other available avenue of review under this Division.\nNote for section 41G\nA delegate decision must be reviewed by the Director under this Division before\nan application is made to NTCAT.\nPart 5 Sale by children and sale or supply to children\n42 Sale to children prohibited\n(1) A person must not sell a tobacco product to a child.\nMaximum penalty: 200 penalty units.\n(2) For the purposes of subsection (1), it is irrelevant that the child was\npurchasing the tobacco product for or on behalf of an adult.\n(3) If an adult employee of a licensed tobacco retailer sells a tobacco\nproduct to a child, the licensed tobacco retailer is taken to have\ncommitted an offence against subsection (1).\n(6) A person may be prosecuted and found guilty of an offence against\nsubsection (1), including an offence committed by virtue of\nsubsection (3), even though no other person is prosecuted or found\nguilty of an offence against subsection (1).\n42A Sale of tobacco product by child employee\n(1) This section applies if a child employee of a licensed tobacco\nretailer sells a tobacco product.\n(2) The licensed tobacco retailer commits an offence.\nMaximum penalty: If the purchaser was, at the time of sale, an\nadult – 100 penalty units.\nIf the purchaser was, at the time of sale, a\nchild – 200 penalty units.\n\nPart 5 Sale by children and sale or supply to children\nTobacco Control Act 2002 32\n(3) If, at the time of the sale, the child employee was being supervised\nby an adult employee of the licensed tobacco retailer – the adult\nemployee also commits an offence.\nMaximum penalty: If the purchaser was, at the time of sale, an\nadult – 100 penalty units.\nIf the purchaser was, at the time of sale, a\nchild – 200 penalty units.\n43 Supply to, or purchase for, children prohibited\n(1) A person must not supply, or offer to supply, whether by gift or\nother means, a tobacco product to a child or to a person who the\nsupplier knows, or ought reasonably to know, will supply the\nproduct to a child.\nMaximum penalty: 200 penalty units.\n(2) A person must not purchase a tobacco product for use by a child.\nMaximum penalty: 200 penalty units.\n44 Defence\nIt is a defence to a prosecution for an offence against section 42(1)\n(including an offence committed by virtue of section 42(3), (4)\nor (5)) or an offence against section 43 if the defendant proves:\n(a) that, immediately before the sale, supply, offer or purchase of\nthe tobacco product, the person who sold, supplied or offered\nto supply, or who purchased, the tobacco product was shown\nphotographic identification indicating that the sale, supply or\noffer was being made to, or the purchase was for, an adult;\nand\n(b) that, at that time, a reasonable person would have had no\nreason to suspect that the photographic identification was\nfalse or related to another person.\n45 False identification\nA person commits an offence if:\n(a) the person uses photographic identification; and\n(b) the photographic identification is false or belongs to another\nperson; and\n\nPart 6 Administration and enforcement\nTobacco Control Act 2002 33\n(c) the person does so with intent to obtain a tobacco product.\nMaximum penalty: 20 penalty units.\n46 Sale of children's products resembling tobacco products\nA person must not sell a product designed or marketed for\nconsumption or use by children (including but not limited to\nconfectionery and toys) if it:\n(a) resembles, or is packaged to resemble, a tobacco product; or\n(b) has or is likely to have the effect of encouraging children to\nsmoke (whether it is intended to have that effect or not).\nMaximum penalty: 20 penalty units.\nPart 6 Administration and enforcement\n47 Authorised officers\n(1) The Chief Health Officer may appoint in writing a person or class of\npersons to be an authorised officer or authorised officers.\n(2) An appointment under subsection (1) authorises an authorised\nofficer:\n(a) to administer and enforce the provisions of this Act or the\nRegulations specified in the appointment or, if none are\nspecified, to administer and enforce the provisions of this Act\nand the Regulations generally; and\n(b) to perform the functions and exercise the powers of an\nauthorised officer in relation to the class or classes of\npremises specified in the appointment or, if none are\nspecified, to perform the functions and exercise the powers of\nan authorised officer in relation to premises generally.\n(3) A member of the Police Force is an authorised officer.\n48 Identity cards\n(1) The Chief Health Officer must issue to an authorised officer (other\nthan a member of the Police Force) an identity card that specifies\nthe name and appointment of the authorised officer and on which\nthere is a recent photograph and the signature of the authorised\nofficer.\n\nPart 6 Administration and enforcement\nTobacco Control Act 2002 34\n(2) A person who held an appointment as an authorised officer must, in\nthe absence of reasonable excuse, return his or her identity card to\nthe Chief Health Officer as soon as practicable after ceasing to hold\nthat appointment.\nMaximum penalty: 20 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n49 Functions\nThe functions of an authorised officer include the administration and\nenforcement of this Act and the Regulations.\n50 Entry and search powers\n(1) An authorised officer may, at all reasonable times, enter premises\nwhere the authorised officer believes tobacco products are being\npackaged, sold, supplied, or displayed for the purpose of sale or\nsupply.\n(2) An authorised officer who enters premises under subsection (1)\nmay do any of the following:\n(a) inspect the premises and any vending machines found in or\non the premises;\n(b) examine any tobacco products, and any packages that are\nused or are intended to be used for packaging tobacco\nproducts, found in or on the premises;\n(c) take measurements of the premises or any thing found in or\non the premises;\n(d) take photographs, films or audio, video or other recordings of\nthe premises;\n(e) if the authorised officer believes on reasonable grounds that\nan offence against this Act or the Regulations has been or is\nbeing committed – seize goods or other things or samples of\ngoods or other things for use as evidence in a prosecution for\nthe offence;\n(f) take copies of or extracts from documents found in or on the\npremises;\n(g) require a person in or on the premises to:\n(i) answer questions or provide information; or\n\nPart 6 Administration and enforcement\nTobacco Control Act 2002 35\n(ii) make available documents kept on the premises; or\n(iii) provide reasonable assistance to the authorised officer\nin relation to the exercise of his or her powers under this\nsection.\n(3) After seizing goods, things or samples under subsection (2)(e), an\nauthorised officer must give a receipt for the goods, things or\nsamples to:\n(a) the occupier or a person apparently in charge of the premises;\nor\n(b) the person who the authorised officer reasonably believes was\nin possession of the goods, things or samples.\n(4) The following provisions apply in relation to goods, things or\nsamples seized under subsection (2)(e):\n(a) if a prosecution for an offence against this Act or the\nRegulations is instituted within 12 months after the seizure\nand the defendant is found guilty, the court may order that:\n(i) the goods, things or samples be forfeited to the Territory;\nor\n(ii) the defendant pay to the Territory an amount equal to\nthe market value of the goods, things or samples when\nseized, being the value determined by the court;\n(b) if:\n(i) a prosecution for an offence against this Act or the\nRegulations is not instituted within 12 months after the\nseizure; or\n(ii) on such a prosecution being instituted within that period,\nthe defendant is not found guilty or the court does not\nmake an order under paragraph (a),\nthe authorised officer must release the goods, things or\nsamples to the owner or the person who had possession,\ncustody or control over the goods, things or samples\nimmediately before they were seized.\n\nPart 6 Administration and enforcement\nTobacco Control Act 2002 36\n50A Power to stop motor vehicle and smoking in motor vehicle\nIf an authorised officer suspects on reasonable grounds that a\nperson in a motor vehicle is committing or has committed an\noffence against section 11A, the authorised officer may do either or\nboth of the following:\n(a) require the driver of the motor vehicle to stop the motor\nvehicle;\n(b) require the person to stop smoking.\n51 Power to require identification\n(1) Where an authorised officer believes on reasonable grounds that a\nperson whose name, address or age is not known to the officer may\nbe able to assist the officer in inquiries in connection with an\noffence against this Act or the Regulations that has been, may have\nbeen, is being or may be committed, the officer may require the\nperson:\n(a) to state his or her name, address and age; and\n(b) to provide, without delay, proof of age.\n(2) When requiring a person to make a statement or provide proof of\nage under subsection (1), the authorised officer must warn the\nperson that it is an offence to fail to comply with the requirement.\n52 Obstruction etc. of authorised officers\nA person must not, without reasonable excuse:\n(a) obstruct or hinder an authorised officer in the exercise of his or\nher powers under this Act or the Regulations; or\n(b) fail to comply with a requirement of an authorised officer under\nthis Act or the Regulations.\nMaximum penalty: 100 penalty units.\n53 Wholesalers to provide information about retailers\n(1) The Director may require a wholesaler of tobacco products to\nprovide the Director with information sufficient to identify the\nretailers of tobacco products to whom the wholesaler sells or\nsupplies tobacco products and to locate the business premises of\nthose retailers.\n\nPart 6 Administration and enforcement\nTobacco Control Act 2002 37\n(2) A wholesaler must comply with a requirement under subsection (1).\nMaximum penalty: 100 penalty units.\n53A Wholesalers to provide information about quantity of tobacco\nproducts supplied\n(1) The Chief Health Officer may request a wholesaler to provide the\nChief Health Officer with information about the quantity of tobacco\nproducts sold or supplied by the wholesaler to retailers of tobacco\nproducts.\n(2) A wholesaler must comply with a request made under\nsubsection (1).\nMaximum penalty: 100 penalty units.\n54 Misleading information\n(1) A person commits an offence if:\n(a) the person gives information to another person; and\n(b) the other person is a relevant officer; and\n(c) the person knows the information is misleading; and\n(d) the person knows the relevant officer is acting in an official\ncapacity.\nMaximum penalty: 100 penalty units.\n(2) A person commits an offence if:\n(a) the person gives a document to another person; and\n(b) the other person is a relevant officer; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the relevant officer is acting in an official\ncapacity.\nMaximum penalty: 100 penalty units.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n\nPart 6 Administration and enforcement\nTobacco Control Act 2002 38\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the relevant\nofficer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe relevant officer the information necessary to remedy the\nmisleading aspect of the document.\n(5) In this section:\nacting in an official capacity, in relation to a relevant officer,\nmeans the relevant officer is exercising powers or performing\nfunctions under, or otherwise related to the administration of, this\nAct.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nrelevant officer means the Director, the Chief Health Officer or an\nauthorised officer.\n54A Appointment of Director of Tobacco Control\nThe Minister must, in writing, appoint a person to be the Director of\nTobacco Control.\n54B Annual report\n(1) The Director must, within 3 months after the end of each financial\nyear, give the Minister a report on the operation of Director's\npowers and functions under this Act during that year.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n54C Approved forms\nThe Director may approve forms for this Act.\n55 Delegation by Chief Health Officer or Director\n(1) The Chief Health Officer or the Director may delegate in writing to a\nperson any of his or her powers or functions under this Act or the\nRegulations.\n\nPart 6 Administration and enforcement\nTobacco Control Act 2002 39\n(2) If the Chief Health Officer delegates to the Director a power or\nfunction under section 47 in relation to the appointment of\nauthorised officers, the Director may delegate in writing to a person\nthat power or function.\n56 Legal immunity\n(1) This section applies to a person who is or has been:\n(a) the Chief Health Officer; or\n(b) the Director; or\n(c) an authorised officer; or\n(d) a person required to assist an authorised officer under\nsection 50(2)(g)(iii).\n(2) No civil or criminal proceedings lie against a person to whom this\nsection applies in relation to an act done or omission made in good\nfaith in the exercise or purported exercise of a power or the\nperformance or purported performance of a function under this Act\nor the Regulations.\n(3) Subsection (2) does not affect any liability that the Territory would,\nbut for that subsection, have for an act or omission.\n(4) This section has effect subject to Part VIIA of the Police\nAdministration Act 1978 to the extent it relates to the civil liability of\nan authorised officer who is or has been a member of the Police\nForce.\n57 Confidentiality of information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the person engages in conduct that results in the disclosure of\nthe information.\nMaximum penalty: 100 penalty units.\n(2) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n\nPart 7 Miscellaneous\nTobacco Control Act 2002 40\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (2)\nIn addition to the circumstances mentioned in subsection (2), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\nPart 7 Miscellaneous\n57A Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n58 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may:\n(a) exempt specialist tobacconists from compliance with one or\nmore of the provisions in Part 3, Division 2, 3 or 4; or\n(b) modify one or more of the provisions in Part 3, Division 2, 3\nor 4 in their application to specialist tobacconists; or\n\nPart 7 Miscellaneous\nTobacco Control Act 2002 41\n(c) require specialist tobacconists to comply with one or more of\nthe provisions of the Regulations instead of one or more of the\nprovisions in Part 3, Division 2, 3 or 4.\n(3) For the purpose of prescribing a sign, health warning or notice, the\nmatters that the Regulations may provide for include but are not\nlimited to all or any of the following:\n(a) the words, symbols or images that comprise the sign, health\nwarning or notice;\n(b) the place where those words, symbols or images are to be\nmarked;\n(c) the size, type face and colour in which those words, symbols\nor images are to be marked and the colour of their\nbackground;\n(d) the manner of marking, whether by printing or otherwise, the\nsign, health warning or notice;\n(e) the manner, form and method of displaying the sign, health\nwarning or notice;\n(f) the area or size of the sign, health warning or notice.\n(4) The Regulations may provide for any of the following matters:\n(a) the application, adoption or incorporation (wholly or in part and\nwith or without modification) an instrument or other document\nas in force at a particular time or from time to time;\n(b) penalties for offences against the Regulations not exceeding\n100 penalty units for an individual and 500 penalty units for a\nbody corporate;\n(c) offences against the Regulations to be regulatory offences;\n(d) the payment of a prescribed amount instead of a penalty that\nmay otherwise be imposed for an offence against this Act or\nthe Regulations;\n(e) the service of an infringement notice in respect of payment of\na prescribed amount on a person alleged to have committed\nan offence referred to in paragraph (d) and the particulars to\nbe included in that notice.\n(5) The Regulations may make different provision for different matters\nor different classes of matters.\n\nPart 8 Transitional matters for Tobacco Control Legislation Amendment Act 2010\nTobacco Control Act 2002 42\nPart 8 Transitional matters for Tobacco Control\nLegislation Amendment Act 2010\n59 Outdoor eating and drinking areas – exemption for transitional\nperiod\n(1) The purpose of this section to allow the licensee of liquor licensed\npremises to apply for and be granted an exemption relating to\nprovisions about outdoor eating and drinking areas contained in the\nTobacco Control Legislation Amendment Act 2010 before the\ncommencement of those provisions.\nNote for subsection (1)\nThe Tobacco Control Legislation Amendment Act 2010, Part 3, Division 1\nincludes amendments to this Act that relate to outdoor eating and drinking areas.\nThese amendments commence on 2 January 2011.\n(2) The licensee of liquor licensed premises may apply to the Minister\nfor an exemption relating to all or specified parts of a proposed\noutdoor eating and drinking area in or on the premises from the\nsmoke-free requirements during a specified period within the\ntransitional period.\n(3) The application must:\n(a) be made before the start of the transitional period; and\n(b) state both of the following:\n(i) the licensee intends to designate an outdoor smoking\narea for the premises;\n(ii) work for establishing the area cannot reasonably be\ncompleted before 2 January 2011 or a later specified\ndate that is before the end of the transitional period.\n(4) The Minister may grant the exemption only if satisfied about the\nmatters mentioned in subsection (3)(b).\n(5) The exemption may include any conditions the Minister considers\nreasonable in the circumstances.\n(6) In this section:\noutdoor eating and drinking area means an outdoor eating and\ndrinking area as defined in section 5B of this Act after section 16 of\nthe Tobacco Control Legislation Amendment Act 2010 commences.\n\nPart 9 Transitional matters for Tobacco Control Legislation Amendment Act 2014\nTobacco Control Act 2002 43\noutdoor smoking area means an outdoor smoking area as defined\nin regulation 3 of the Regulations after section 30 of the Tobacco\nControl Legislation Amendment Act 2010 commences.\nsmoke-free requirements means the requirements that apply to a\nsmoke-free area under this Act.\ntransitional period means the period from and including\n2 January 2011 to the end of 30 September 2011.\n60 Savings – existing tobacco retail licences\n(1) Section 32 applies to a tobacco retail licence in force immediately\nbefore 2 January 2011 with the following changes:\n(a) section 32(1)(a) does not apply to the licence; and\n(b) the licence continues in force until and including\n31 December 2011 unless it ceases to be in force at an earlier\ntime under section 32(1)(b), (c) or (d).\n(2) Subsection (1) applies to the licence despite any provision to the\ncontrary stated in the licence.\nPart 9 Transitional matters for Tobacco Control\nLegislation Amendment Act 2014\n61 Offences – before and after commencement\n(1) The offence provisions, as amended by the Tobacco Control\nLegislation Amendment Act 2014, apply only in relation to offences\ncommitted after the commencement of that Act (commencement).\n(2) The offence provisions, as in force before commencement,\ncontinue to apply in relation to offences committed before\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before commencement, the offence is taken to have been\ncommitted before commencement.\n(4) In this section:\noffence provisions means the provisions of this Act that relate to\noffences (including in relation to criminal responsibility, defences\nand penalties).\n\nPart 10 Transitional matters for Licensing (Director-General) Act 2014\nDivision 2 Applications\nTobacco Control Act 2002 44\nPart 10 Transitional matters for Licensing\n(Director-General) Act 2014\nDivision 1 Definitions\n62 Definitions\nIn this Part:\n2014 Acts means the Licensing (Director-General) Act 2014 and\n2014 Amending Act.\n2014 Amending Act means the Licensing (Repeals and\nConsequential Amendments) Act 2014.\ncommencement means the commencement of section 22 of the\nLicensing (Director-General) Act 2014.\nCommission means the Commission as defined in section 3 of the\nNTLC Act.\nNTLC Act means the Northern Territory Licensing Commission Act\nas in force immediately before the commencement.\nNTLC Director means the Director as defined in section 3 of the\nNTLC Act.\nold legislation means the NTLC Act and this Act, as in force\nimmediately before the commencement.\nDivision 2 Applications\n63 Application to NTLC Director – pending decision\n(1) This section applies if, before the commencement:\n(a) an application had been made under this Act for a decision to\nbe made by the NTLC Director; but\n(b) the NTLC Director had not made a decision on the application.\n(2) The application:\n(a) is taken to be an application made on the commencement for\nthe decision to be made by the Director-General; and\n\nPart 10 Transitional matters for Licensing (Director-General) Act 2014\nDivision 3 Review of decisions\nTobacco Control Act 2002 45\n(b) must be dealt with and determined in accordance with this Act\nas amended by the 2014 Amending Act.\nNote for section 63\nThe Director-General's decision on the application will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\nDivision 3 Review of decisions\n64 New review regime applies to post-commencement decisions\nPart 4A applies only in relation to decisions made after the\ncommencement.\n65 Review of pre-commencement decision – application not yet\nmade\n(1) This section applies if, before the commencement:\n(a) a decision had been made under this Act and the period for\napplying for a review of the decision under Part 4 of the NTLC\nAct, as then in force, had not expired; but\n(b) an application for a review of the decision had not been made.\n(2) A person who would have been entitled to apply for a review of the\ndecision under the old legislation may do so under the old\nlegislation, as if the 2014 Acts had not commenced.\n(3) The Commission must review the decision in accordance with the\nold legislation as if the 2014 Acts had not commenced.\n66 Review of pre-commencement decision – application made\n(1) This section applies if, before the commencement:\n(a) an application had been made under section 28 of the NTLC\nAct, as then in force, for review of a decision made under this\nAct; but\n(b) the Commission had not completed the review.\n(2) The Commission must complete the review in accordance with the\nold legislation as if the 2014 Acts had not commenced.\n\nPart 10 Transitional matters for Licensing (Director-General) Act 2014\nDivision 4 General matters\nTobacco Control Act 2002 46\nDivision 4 General matters\n67 Continuation of ongoing documents and things\n(1) This section applies if:\n(a) before the commencement, a power or function was conferred\nby this Act on the NTLC Director; and\n(b) on the commencement, the power or function (or a\nsubstantially similar power or function) is conferred on the\nDirector-General.\n(2) On the commencement, an ongoing document continues with the\nsame force and effect as if it had been issued by, or given to, the\nDirector-General.\n(3) On the commencement, an ongoing thing continues with the same\nforce and effect as if it had been done by, or in relation to, the\nDirector-General.\n(4) This section applies subject to the other provisions of this Part and\nPart 5, Division 2 of the Licensing (Director-General) Act 2014.\n(5) In this section, a reference to something done before the\ncommencement includes a reference to something done after the\ncommencement in accordance with this Part as if it had been done\nbefore the commencement.\n(6) In this section:\nongoing document means a document that:\n(a) was issued by, or given to, the NTLC Director before the\ncommencement in or for the exercise of the power or\nperformance of the function; and\n(b) immediately before the commencement, had ongoing effect.\nongoing thing means a thing that:\n(a) was done by, or in relation to, the NTLC Director before the\ncommencement in or for the exercise of the power or\nperformance of the function; and\n(b) immediately before the commencement, had ongoing effect.\n\nPart 11 Transitional matters for Licensing (Director-General) Repeal Act 2020\nTobacco Control Act 2002 47\n68 Legal immunity of NTLC Director continues\nDespite the amendment made to section 56 by the 2014 Amending\nAct, that section continues to apply to a person who has been the\nNTLC Director as if the 2014 Amendment Act had not commenced.\nPart 11 Transitional matters for Licensing\n(Director-General) Repeal Act 2020\n69 Definitions\nIn this Part:\ncommencement means the commencement of section 3 of the\nLicensing (Director-General) Repeal Act 2020.\nDirector-General means the Director of Licensing appointed under\nthe repealed Act before its repeal.\nrepealed Act means the Licensing (Director-General) Act 2014.\n70 Applications to be decided by Director\nIf an application is made to the Director for a decision to be made\nunder this Act but the decision is not made before the\ncommencement, the application must be decided by the Director as\nif it was made to the Director.\n71 Director to complete delegate decision reviews\nIf an application is made to the Director for a review under Part 3 of\nthe repealed Act of a delegate decision made under this Act, but\nthe review is not completed before the commencement, the review\nmust be conducted by the Director as if the application was made to\nthe Director.\n72 Continuation of instruments, appointments, documents etc.\n(1) A statutory instrument or other instrument, an appointment, an\napproved form or any other document made or issued by the\nDirector under this Act or the repealed Act before the\ncommencement continues in force and is taken after the\ncommencement to have been made or issued by the Director.\n\nPart 11 Transitional matters for Licensing (Director-General) Repeal Act 2020\nTobacco Control Act 2002 48\n(2) Without limiting subsection (1), a delegation by the Director under\nthis Act or the repealed Act in force immediately before the\ncommencement is taken after the commencement to be a\ndelegation by the Director and continues in force until amended or\nrevoked under this Act.\n\nSchedule Reviewable decisions\nTobacco Control Act 2002 49\nSchedule Reviewable decisions\nsection 41\nSection Decision\n29 Decision to grant, or refuse to grant, tobacco retail licence\n29A Decision to grant, or refuse to grant, renewal of tobacco retail\nlicence\n35 Decision to vary, or refuse to vary, conditions of tobacco retail\nlicence\n36 Decision to approve, or refuse to approve, transfer of tobacco retail\nlicence\n38 Decision to cancel or suspend licence\n\nENDNOTES\nTobacco Control Act 2002 50\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTobacco Control Act 2002 (Act No. 68 2002)\nAssent date 11 December 2002\nCommenced pt 3, divs 2, 3 (other than s 23), 4 (other than s 27) and s 28:\n31 May 2003; rem: 1 January 2003 (s 2(2) and Gaz G50,\n18 December 2002, p 6)\nTobacco Control Act Amendment Act 2003 (Act No. 24, 2003)\nAssent date 26 June 2003\nCommenced 31 May 2003 (s 2)\nCommercial Passenger (Road) Transport (Consequential Amendments) Act 2003 (Act\nNo. 41, 2003)\nAssent date 7 July 2003\nCommenced 1 August 2003 (Gaz G30, 30 July 2003, p 2)\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nTobacco Control Legislation Amendment Act 2010 (Act No. 25, 2010)\nAssent date 30 June 2010\nCommenced pt 3: 2 January 2011; rem: 30 June 2010 (s 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (s 2, 24 January 2012);\nrem: 25 November 2011 (Gaz, S68, 25 November 2011)\n\nENDNOTES\nTobacco Control Act 2002 51\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nPrivate Hospitals and Private Nursing Homes Amendment Act 2011 (Act No. 16, 2011)\nAssent date 20 May 2011\nCommenced 20 May 2011\nMedicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012)\nAssent date 27 April 2012\nCommenced 1 May 2014 (Gaz S22, 30 April 2014, p 12)\nTobacco Control Legislation Amendment Act 2014 (Act No. 40, 2014)\nAssent date 13 November 2014\nCommenced 1 December 2014 (Gaz S122, 1 December 2014)\nLicensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)\nAssent date 5 December 2014\nCommenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)\nRed Tape Reduction (Miscellaneous Amendments) Act 2016 (Act No. 12, 2016)\nAssent date 10 May 2016\nCommenced 1 July 2016 (Gaz G26, 29 June 2016, p 2)\nTobacco Control Legislation Amendment Act 2019 (Act No. 4, 2019)\nAssent date 27 February 2019\nCommenced 1 July 2019 (Gaz G15, 10 April 2019, p 4)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nLicensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)\nAssent date 9 March 2020\nCommenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nTrade, Business and Asian Relations Legislation Amendment (Streamlining Licensing\nSchemes and Other Matters) Act 2026 (Act No. 2, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 6, 26, 41, 41A, 41B,\n41C, 56, 63 and 67.\n\nENDNOTES\nTobacco Control Act 2002 52\n4 LIST OF AMENDMENTS\ns 3 amd No. 25, 2010, s 28\ns 4A ins No. 4, 2019, s 4\ns 5 amd No. 24, 2003, s 4; No. 41, 2003, s 5; No. 25, 2010, ss 4 and 15; No. 16,\n2011, s 19; No. 7, 2011, s 140; No. 40, 2014, s 4; No. 44, 2014, s 128; No. 4,\n2019, s 5; No. 29, 2019, s 415; No. 4, 2020, s 51; No. 26, 2020, s 3\ns 5A ins No. 24, 2003, s 5\ns 5B ins No. 25, 2010, s 16\ns 5C ins No. 25, 2010, s 16\namd No. 40, 2014, s 5\ns 6 amd No. 13, 2012, s 304\ns 6A ins No. 40, 2014, s 6\ns 7 amd No. 25, 2010, ss 5 and 17; No. 4, 2019, s 6\ns 7A ins No. 25, 2010, s 6\ns 8 amd No. 25, 2010, s 28; No. 40, 2014, s 7\ns 9 amd No. 25, 2010, s 28; No. 40, 2014, s 8\ns 10 amd No. 25, 2010, s 28; No. 40, 2014, s 9\ns 11 amd No. 24, 2003, s 6; No. 25, 2010, s 18; No. 40, 2014, s 10; No. 44, 2014,\ns 131; No. 29, 2019, s 416; No. 4, 2020, s 60\npt 2A hdg ins No. 40, 2014, s 11\ns 11A ins No. 40, 2014, s 11\ns 12 amd No. 25, 2010, s 28; No. 40, 2014, s 12; No. 4, 2019, s 7\ns 13 amd No. 25, 2010, s 28; No. 40, 2014, s 13\ns 14 amd No. 25, 2010, s 28; No. 40, 2014, s 14\ns 15 amd No. 25, 2010, s 28; No. 40, 2014, s 15\ns 16 amd No. 25, 2010, s 28; No. 40, 2014, s 16\ns 17 amd No. 25, 2010, s 28\nsub No. 40, 2014, s 17\ns 18 amd No. 25, 2010, s 19; No. 40, 2014, s 18\ns 19 amd No. 25, 2010, s 28; No. 40, 2014, s 19\ns 20 sub No. 25, 2010, s 20\namd No. 40, 2014, s 20\ns 21 amd No. 24, 2003, s 7\nrep No. 25, 2010, s 20\ns 22 amd No. 25, 2010, s 21; No. 40, 2014, s 21; No. 29, 2019, s 417\ns 23 amd No. 25, 2010, s 28; No. 40, 2014, s 22\ns 24 amd No. 25, 2010, s 28\nrep No. 40, 2014, s 23\nss 25 – 27 sub No. 40, 2014, s 23\ns 26 amd No. 4, 2019, s 8; No. 29, 2019, s 418; No. 33, 2019, s 50\ns 28 amd No. 25, 2010, s 28; No. 40, 2014, s 24\ns 29 amd No. 25, 2010, s 22; No. 44, 2014, s 131; No. 12, 2016, s 27; No. 4,\n2020, s 60\ns 29A ins No 25, 2010, s 23\namd No. 2, 2026, s 35\ns 30 sub No. 25, 2010, s 7\namd No. 40, 2014, s 25\ns 32 sub No. 25, 2010, s 24\namd No. 12, 2016, s 28\ns 33 amd No. 25, 2010, s 28; No. 40, 2014, s 26\nss 34 – 36 amd No. 44, 2014, s 131; No. 4, 2020, s 60\ns 36A ins No. 30, 2010, s 50\ns 37 amd No. 25, 2010, s 28; No. 40, 2014, s 27; No. 44, 2014, s 131; No. 4,\n2020, s 60\ns 38 amd No. 25, 2010, s 28; No. 44, 2014, s 131; No. 4, 2020, s 60\ns 39 amd No. 25, 2010, s 25; No. 44, 2014, s 131; No. 4, 2020, s 60\n\nENDNOTES\nTobacco Control Act 2002 53\ns 40 amd No. 44, 2014, s 131; No. 4, 2020, s 60\npt 4A hdg ins No. 44, 2014, s 129\ns 41 sub No. 44, 2014, s 129; No. 4, 2020, s 52\nss 41A – 41C ins No. 44, 2014, s 129\nsub No. 4, 2020, s 52\nss 41D – 41G ins No. 4, 2020, s 52\npt 5 hdg amd No. 4, 2019, s 9\ns 42 amd No. 25, 2010, s 28; No. 40, 2014, s 28; No. 4, 2019, s 10\ns 42A ins No. 4, 2019, s 11\ns 43 amd No. 25, 2010, s 28; No. 40, 2014, s 29\ns 45 amd No. 25, 2010, s 8\nsub No. 40, 2014, s 30\ns 46 amd No. 25, 2010, s 28; No. 40, 2014, s 31\ns 48 amd No. 25, 2010, s 9; No. 40, 2014, s 32\ns 50 amd No. 25, 2010, s 28\ns 50A ins No. 40, 2014, s 33\ns 52 amd No. 25, 2010, s 28; No. 40, 2014, s 34\ns 53 amd No. 25, 2010, s 28; No. 40, 2014, s 35; No. 44, 2014, s 131; No. 4,\n2020, s 53\ns 53A ins No. 40, 2014, s 36\ns 54 amd No. 25, 2010, s 28\nsub No. 40, 2014, s 37\namd No. 44, 2014, s 131; No. 4, 2020, s 54\nss 54A – 54C ins No. 4, 2020, s 55\ns 55 amd No. 44, 2014, s 131\ns 56 amd No. 11, 2005, s 27; No. 44, 2005, s 35; No. 25, 2010, s 28; No. 44,\n2014, s 131; No. 4, 2020, s 56\ns 57 amd No. 25, 2010, s 10\nsub No. 40, 2014, s 38\ns 57A ins No. 25, 2010, s 26\ns 58 amd No. 25, 2010, s 28\npt 8 hdg sub No. 25, 2010, s 11\ns 59 sub No. 25, 2010, s 11\ns 60 rep No. 25, 2010, s 11\nins No. 25, 2010, s 27\npt 9 hdg ins No. 40, 2014, s 39\ns 61 ins No. 40, 2014, s 39\npt 10 hdg ins No. 44, 2014, s 130\npt 10\ndiv 1 hdg ins No. 44, 2014, s 130\ns 62 ins No. 44, 2014, s 130\npt 10\ndiv 2 hdg ins No. 44, 2014, s 130\ns 63 ins No. 44, 2014, s 130\npt 10\ndiv 3 hdg ins No. 44, 2014, s 130\nss 64 – 66 ins No. 44, 2014, s 130\npt 10\ndiv 4 hdg ins No. 44, 2014, s 130\nss 67 – 68 ins No. 44, 2014, s 130\npt 11 hdg ins No. 4, 2020, s 58\nss 69 – 72 ins No. 4, 2020, s 58\nsch ins No. 44, 2014, s 130\namd No. 4, 2020, s 59","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2002 scope. Originally focused on tobacco smoking in public places and basic retail controls, it now comprehensively regulates e-cigarettes and vaping (added 2019), prohibits smoking in cars with children (added 2014), controls outdoor dining areas (added 2010), and includes detailed licensing administration with review mechanisms (restructured 2014 and 2020). The Act has grown from a public health smoking ban into a full product regulation and licensing scheme covering both traditional tobacco and emerging nicotine delivery systems."},"complexity_factors":["Extensive defined terms section (section 5) with 30+ definitions including nested definitions for 'food service area', 'outdoor eating and drinking area', and 'educational facility'","Multiple overlapping smoke-free area categories with specific boundary measurements (2m for entrances, 3m for air-conditioning, 10m for school boundaries)","Complex conditional logic for exempt areas with prohibited sub-locations (dance floors, indoor food service, common access areas) and requirements for 'equal amenity' smoke-free alternatives","Dual regulatory tracks for liquor licensed premises vs non-licensed premises throughout Parts 2 and 3","Layered offences with strict liability provisions, multiple defences (theatrical performance, signage not displayed), and reversed evidentiary burdens","Extensive transitional provisions spanning Parts 8-11 dealing with historical amendments from 2010, 2014, and 2020, including preserved review rights under repealed legislation","Delegated legislative power allowing regulations to prescribe signs, health warnings, exempt area conditions, and specialist tobacconist modifications","Interaction with Commonwealth legislation (Personal Property Securities Act 2009, Criminal Code) and other NT Acts (Liquor Act 2019, Medicines, Poisons and Therapeutic Goods Act 2012)"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law for controlling tobacco and vaping products. It has three big goals: **discourage smoking**, **protect people from second-hand smoke**, and **help people quit**.\n\n**Who it affects:**\n\n*   **Smokers and vapers:** They cannot smoke or vape in most public places, workplaces, outdoor eating areas, near schools, in cars with kids under 16, or near air-conditioning intakes.\n*   **Businesses:** Pubs, clubs, restaurants, shops, and any workplace must enforce smoke-free rules, display \"No Smoking\" signs, and stop people from smoking on their premises.\n*   **Retailers:** Anyone selling tobacco or vapes needs a licence from the Director of Tobacco Control. There are strict rules about how products can be displayed (usually hidden from view), advertised (mostly banned), and packaged (health warnings required). They cannot sell to children under 18.\n*   **Wholesalers:** Must report who they sell to and how much.\n*   **Event organisers:** Can apply for temporary exemptions for outdoor smoking areas at major events, but must meet conditions.\n\n**Key rules explained:**\n\n*   **Smoke-free areas:** Includes indoor public places, workplaces, outdoor dining areas, public transport, schools, and shared accommodation like nursing homes. Businesses can apply to create small \"exempt areas\" (smoking areas) in some venues, but never near food service or entrances.\n*   **Car smoking ban:** It is illegal to smoke in a car if someone under 16 is inside.\n*   **Retail licensing:** Selling tobacco without a licence carries heavy penalties (up to 500 penalty units). Licences can be cancelled if retailers break the law.\n*   **Vaping included:** Since 2019, e-cigarettes and vaping are treated the same as tobacco products under this Act.\n*   **Enforcement:** Authorised officers (including police) can enter premises, inspect, seize products, and issue fines. They can also stop vehicles to check for smoking with children present.\n\n**Why it matters:**\n\nThis law tries to make smoking less visible, less convenient, and less socially acceptable while protecting non-smokers—especially children—from harmful second-hand smoke. It also creates a controlled system for retail sales to prevent underage access."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has materially broadened since its original 2002 text. Notable scope expansions include: (1) explicit inclusion of e‑cigarettes, e‑cigarette accessories and future prescribed devices as regulated like tobacco products (s4A, inserted 2019), extending rules to vaping; (2) addition of an explicit prohibition on smoking in motor vehicles with children under 16 (s11A, inserted 2014), which creates a new, targeted personal conduct offence; (3) expansion of smoke‑free definitions to include outdoor eating and drinking areas and voluntarily declared areas (ss5B, 7A, inserted 2010), bringing many outdoor hospitality settings within the regime; (4) development of a formal tobacco retail licensing and administrative review structure with a Director and internal review mechanisms (Part 4 and Part 4A, various amendments including 2014 and 2020), substantially increasing administrative control over retail supply; and (5) stepped increases in regulatory detail on packaging, display, advertising and wholesaler reporting (multiple amendments across 2010–2019). These changes move the Act beyond narrow public‑space smoking bans into a comprehensive regulatory regime governing products (including vaping), marketing, retail licensing and supply-chain reporting."},"complexity_factors":["Extensive interpretation/definitions (over 40 named defined terms in s5 plus additional definitions inserted elsewhere like s5A–5C).","Multiple offence types with mixed fault standards (strict liability offences and offences allowing defences across many sections, e.g. ss8–10, 12, 20, 23, 25–27, 42–44).","Large number of Parts and cross-references (Parts 2–7, multiple Divisions and a Schedule) creating conditional logic between smoke-free areas, exempt areas and voluntary declarations (ss7, 7A, 11, 5C).","Significant delegation and administrative discretion (Director, Chief Health Officer, Minister, authorised officers) with separate internal review and tribunal review pathways (ss47, 54A, 55, Part 4A, ss41–41G).","Heavy reliance on subordinate legislation and external Acts (Regulations under s58, Fines and Penalties Act, Criminal Code Part IIAA s6A, Liquor Act cross-references) increasing interpretive complexity.","Multiple transitional and amendment layers (Parts 8–11 and Endnotes show amendments from 2010, 2014, 2019, 2020, 2026) requiring historical reading to understand current scope.","Detailed point‑of‑sale and vending machine regimes with numeric and spatial limits (ss20, 22, 25–26) and exceptions for specialist tobacconists (s58).","Information and enforcement powers with procedural detail (entry/search/seizure and return rules, ss50(2)–(4); mandatory data supply by wholesalers, ss53–53A) raising evidentiary and administrative complexity."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes smoke-free areas where smoking and vaping are prohibited: enclosed public and workplace areas, public transport and transport areas, many hospitality food service areas (including outdoor eating areas), educational facilities and their entry/boundary areas, shared accommodation, air‑conditioning inlets, entrance areas, voluntarily declared areas and prescribed community event areas (see s7, s5A, s5B, s7A).  \n\n- Treats e‑cigarettes and many related devices and accessories as if they were tobacco products for the purposes of the Act (s4A). References to “smoking” include “vaping” where the Regulations prescribe (s4A(2)).\n\n- Creates detailed limits on packaging, advertising, sponsorship and point‑of‑sale display: mandatory health warnings on packages (s12); minimum pack sizes for cigarettes and loose tobacco (ss13–14); broad prohibition on public advertising and on brand/value‑added marketing and sponsor branding at public events (ss15–16, 19); and requirements to hide product displays from public view and restrict price advertising and point‑of‑sale arrangements (ss17–20, 25–27).\n\n- Requires retail licences for anyone selling tobacco products by retail, with rules on grant, renewal, variation, transfer, suspension/cancellation, display of licence, and review rights (Part 4, ss28–40, Schedule). Licence applications must use approved forms and pay prescribed fees (s29).\n\n- Prohibits sale or supply of tobacco products to persons under 18 and criminalises sales made by child employees; creates defences based on reasonable photographic ID (ss42–45). It also bars sale of children’s products that resemble tobacco (s46).\n\n- Introduces targeted offences (many with specified maximum penalties, several stated as strict liability) and enforcement tools: authorised officers with inspection, seizure and entry powers (ss47–50), power to stop vehicles and require drivers to stop smoking when a child under 16 is present (s50A; see s11A), powers to require wholesalers to provide retailer identity and supply quantity data (ss53, 53A), and administrative protections for officers acting in good faith (s56).\n\n- Provides regulation‑making powers to set detail (signs, warnings, fee amounts, classes of exempt areas, specialist‑tobacconist treatment and penalties) and transitional arrangements for prior amendments (s58 and Parts 8–11).\n\n**Stated purpose**\n\n- The Act’s object is to reduce health harm from tobacco and other smoking products by discouraging smoking, reducing exposure to second‑hand smoke, and supporting quitting (s3).  \n\n**How it achieves that purpose (mechanisms and who decides or pays)**\n\n- Behavioural constraints on individuals: people must not smoke in smoke‑free areas (s9) and must not smoke in motor vehicles with persons under 16 present (s11A). Penalties attach to non‑compliance (see individual maximums in ss9, 11A).  \n\n- Commercial constraints on retailers and wholesalers: licensed retailers must comply with packaging, display, advertising and point‑of‑sale rules (Part 3). Retailers pay licensing fees and any prescribed regulatory fees tied to approvals, renewals and certificates (s29; s5C(4) permits a fee for certain certificates). Wholesalers must supply identity and quantity information on request (ss53, 53A).  \n\n- Administrative controls and discretion: the Director of Tobacco Control (appointed by the Minister, s54A) and authorised officers enforce the law, make licensing decisions (grant, refuse, vary, cancel), and set or apply prescribed forms and procedures. The Minister may make narrow exemptions for major events (s5C) and the Regulations can carve out different treatment for specialist tobacconists (s58(2)).\n\n**Costs, incentives, trade‑offs and implementation considerations**\n\n- Compliance costs and administrative burden: retail businesses face multiple compliance tasks—obtaining and displaying a licence (ss28, 33), changing packaging to carry prescribed warnings (s12), removing visible product displays (s20), limiting points of sale and vending machine usage (ss25–26), training staff (required if declaring voluntary smoke‑free areas, s7A(2)(b)), and responding to information requests from the Director or Chief Health Officer (ss53, 53A). These tasks generate direct costs (staff time, redesign of premises, packaging costs, licence fees) and recurring compliance exposure via authorised officer inspections (ss47–50).\n\n- Concentrated vs diffuse economic effects: the obligations and penalties mostly fall on retailers, wholesalers and event organisers (concentrated groups), while the public at large receives the health‑protection benefits (diffuse). Specialist tobacconists can be treated differently by regulation (s58(2)), creating a possible carve‑out for businesses with a high proportion of tobacco sales.\n\n- Incentives and substitution: restrictions on advertising, branding, price promotion and visible displays (ss15–19, 20) reduce conventional marketing channels for tobacco firms. That may incentivise substitution toward permitted indirect marketing channels (for example, non‑tobacco merchandise that a regulator permits), toward online sales if not regulated, or toward product innovation (e‑cigarette accessories) which the Act explicitly brings in under s4A when Regulations prescribe. The Regulations are an important lever that can broaden or narrow these substitution paths (s58).\n\n- Enforcement discretion and implementation risk: many operational details are left to Regulations (s58) and to the Director’s exercise of licensing powers (ss29–36). That creates implementation risk where Government guidance, forms and fees are delayed or where administrative decisions (s39–40) vary across applicants. The Act includes an internal review path to the Director and an external tribunal path (NTCAT) for affected persons (Part 4A, ss41–41G), which limits but does not eliminate discretionary risk.\n\n- Legal design choices with compliance consequences: the Act mixes strict liability offences (e.g. signage, many point‑of‑sale rules) with offences that allow defences (e.g. occupier defences under s10). Strict liability lowers prosecutorial burden but increases the compliance imperative on businesses because fault need not be proven.\n\n- Information‑collection and privacy trade‑offs: wholesalers must provide retailer IDs and quantities (ss53, 53A). That aids enforcement and market monitoring but shifts data‑collection and record‑keeping burdens onto industry and creates confidentiality obligations and risk (s57) for agency handling.\n\n- Opportunity costs and redistribution: public health objectives are advanced by limiting access, visibility and promotion of tobacco products, but resources (agency enforcement capacity, time of retailers) are redirected from other activities. The Act contemplates compensation if an acquisition of property were to occur (s57A), which is a mechanism to address potential property rights impacts.\n\n**Who pays, who decides, and what behaviour changes (plain)**\n\n- Who pays: licensed retailers (licence fees, compliance costs), wholesalers (time and compliance costs responding to information requests), event organisers applying for exemptions (conditions and possible fees under s5C), and individuals who contravene offences (penalties). The Territory bears administrative costs of enforcement and running the licensing/review systems.\n\n- Who decides: the Director of Tobacco Control (appointments, licensing, reviews) and the Chief Health Officer (authorised officer appointments) exercise substantial administrative discretion (ss47, 54A, 55). The Minister has limited discretion to grant event exemptions (s5C). Regulations (made by the Administrator) set substantial operational detail (s58).\n\n- Behaviour changes required: individuals must not smoke or vape in specified smoke‑free areas and must not smoke in vehicles with children under 16 present (ss9, 11A); retailers must hide tobacco from public view, comply with packaging and display rules, avoid advertising/branding and not sell to minors (ss12, 15, 20, 42); wholesalers must supply data on retail customers and quantities (ss53, 53A).\n\n**Implementation and compliance risks to watch**\n\n- Timing and clarity of Regulations (s58) will determine how easily businesses can comply with packaging, signage and display rules.  \n- Delegation and variation powers (ss35, 55) centralise operational control with the Director and Chief Health Officer; inconsistent application risks arise if guidance or forms are not clear.  \n- The mix of strict liability offences and criminal penalties (many with significant maxima) raises the stakes for inadvertent non‑compliance by small retailers.  \n- The inclusion of e‑cigarettes via s4A broadens the regulated product set but relies on Regulations to define scope; gaps or delays in those Regulations could create enforcement ambiguity.\n\n**Key sections to consult quickly**\n\n- Object and application to e‑cigarettes: s3, s4A.  \n- Definition and scope of smoke‑free areas: s5, s7, s5A, s5B, s7A.  \n- Packaging, advertising and point‑of‑sale rules: Part 3 (ss12–27).  \n- Licensing of retailers and administrative review: Part 4 and Part 4A (ss28–41G).  \n- Sale to and supply for children, ID defences: Part 5 (ss42–46).  \n- Enforcement powers and information duties: Part 6 (ss47–54A).  \n- Regulation‑making power and specialist tobacconist treatment: s58.\n\n(References in parentheses are to the sections of the Tobacco Control Act 2002.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"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-control-act-2002","history":"/api/acts/tobacco-control-act-2002/history","analysis":"/api/acts/tobacco-control-act-2002/analysis","conflicts":"/api/acts/tobacco-control-act-2002/conflicts","importantCases":"/api/acts/tobacco-control-act-2002/important-cases","documents":"/api/acts/tobacco-control-act-2002/documents"}}