{"id":"tobacco-products-control-regulations-2006","name":"Tobacco Products Control Regulations 2006","slug":"tobacco-products-control-regulations-2006","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182233,"registerId":"wa-tobacco-products-control-regulations-2006-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tobacco Products Control Regulations 2006","content":"![Crest]()Western Australia\n\nTobacco Products Control Act 2006\n\nTobacco Products Control Regulations 2006\n\nWestern Australia\n\nTobacco Products Control Regulations 2006\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 3 — Smoking in or near enclosed public places\n\nDivision 1 — Preliminary\n\n7. Terms used 3\n\n8. Enclosed public places 3\n\n9. Notional vertical surface area 5\n\nDivision 2 — Offences\n\n10. Prohibition on smoking in enclosed public places 5\n\n11. Offence by occupier 6\n\n12. Display of no smoking signs in entrances to liquor licensed premises 6\n\n13. Duty to prevent smoke entering enclosed public places 7\n\n13A. Prohibitions on smoking near enclosed public places 7\n\nDivision 3 — Investigators\n\n14. Investigators to notify occupiers before taking action under Part 3 8\n\n15. Directions by investigators 8\n\nPart 4A — Smoking in outdoor public places\n\nDivision 1 — Outdoor eating areas\n\n16A. Term used: non‑smoking zone 10\n\n16B. Display of no smoking signs in non‑smoking zones 10\n\n16C. Investigators to notify occupiers before taking action under Div. 1 11\n\nDivision 2 — Miscellaneous\n\n16D. Directions by investigators 11\n\nPart 5 — Licensing\n\nDivision 1 — Licensing procedures\n\n17. Application for licence — proof of individual’s identity 13\n\n18. Application for licence — other evidence 14\n\n19. Application for renewal of licence 15\n\n20. Conditions of general application 16\n\n21. Application to amend licence 17\n\n22. Register of licences 19\n\nDivision 2 — Further obligations of licence holders\n\n23. Licence details on invoices etc. 19\n\n24. Records to be kept 19\n\nDivision 3 — Fees\n\n25. Fees to be paid on application for issue of licence 20\n\n26. Fees to be paid on application for renewal of licence 20\n\n27. Fee to be paid on application for amendment of licence 20\n\n28. Fee to be paid for extract of registered particulars 21\n\n29. Fee to be paid for duplicate licence 21\n\nPart 6 — Sale and supply\n\nDivision 1 — Terms used in this Part\n\n30. Terms used 22\n\nDivision 2 — Proof of age\n\n31. Proof of age 23\n\nDivision 3 — Labelling of tobacco products\n\n32. Labelling tobacco products 24\n\nDivision 4 — Location and display of tobacco products and smoking implements\n\n33. Packages that cannot be displayed by specialist retailer 24\n\n34. Location of tobacco products or smoking implements on retail premises 25\n\n36. Type of tobacco products on retail premises and manner of storage 27\n\n37. Display of tobacco products, smoking implements or product lines by specialist retailer 28\n\nDivision 5 — Information about availability, price of tobacco products or smoking implements\n\n39. Information signs about availability or prices of tobacco products or smoking implements sold by retailers — location 28\n\n40. Information signs about availability or prices of tobacco products or smoking implements sold by retailers — contents 29\n\n41. Information signs about availability or prices of tobacco products or smoking implements sold by retailers — specifications 30\n\n42. Information signs about availability or prices of tobacco products sold by retailers — cigar cabinets 31\n\n43. Price tickets for tobacco products sold by retailers — location and numbers 32\n\n44. Price tickets for tobacco products sold by retailers — contents 32\n\n45. Price tickets for tobacco products sold by retailers — specifications 33\n\n46. Price lists for tobacco products or smoking implements sold by retailers 34\n\n47. Facsimiles of tobacco products displayed on price list 34\n\nDivision 6 — Warnings\n\n48. Warning signs about purchase of tobacco products etc. to underage persons — location 35\n\n49. Warning signs about purchase of tobacco products etc. to underage persons — content and specifications 36\n\n50. Health warning signs — location 36\n\n51. Health warning signs — content and specifications 36\n\nDivision 7 — Information and advice\n\n52. Retailers providing purchasers of tobacco products with approved guides 38\n\n53. Retailers making approved guides available to purchasers of tobacco products 38\n\n54. Wholesalers providing retailers with approved guides 38\n\nDivision 8 — Vending machines\n\n55. Number of vending machines 39\n\n56. Location of vending machines 39\n\nDivision 9 — Smokeless tobacco\n\n57. Smokeless tobacco 39\n\nPart 7 — Miscellaneous\n\n58. Confidentiality — exceptions 40\n\n59. Appointment of restricted investigators 41\n\n60. Prescribed offences and modified penalties 41\n\n61. Authorised officers and approved officers 42\n\n62. Forms 42\n\nSchedule 1 — Warning signs about purchase of tobacco products\n\nSchedule 2 — Health warning signs for general display or vending machines\n\nSchedule 3 — Health warning signs for display of cigars or cigar cutting implements\n\nSchedule 4 — Prescribed offences and modified penalties\n\nSchedule 5 — Forms\n\nNotes\n\nCompilation table 55\n\nDefined terms\n\n  \n\nTobacco Products Control Act 2006\n\nTobacco Products Control Regulations 2006\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Tobacco Products Control Regulations 2006*.\n\n##### 2. Commencement\n\nThese regulations come into operation on 31 July 2006.\n\n##### 3. Terms used\n\nIn these regulations —\n\nBNR Act means the *Business Names Registration Act 2011* (Commonwealth);\n\nBusiness Names Register means the Business Names Register established and maintained under the BNR Act section 22;\n\nliquor licensed premises means licensed premises as defined in the *Liquor Control Act 1988* section 3(1);\n\n  representative in relation to a responsible person, means a person acting on behalf of the responsible person;\n\n  section means a section of the Act;\n\nspecialist retailer has the meaning given in section 23(1);\n\nwall means a wall or any other vertical structure, covering or device, whether fixed or moveable, but does not include a balustrade —\n\n(a) that is 1 m or less in height; and\n\n(b) of which more than 50% of its total vertical surface is open.\n\n[Regulation 3 amended: Gazette 28 Feb 2007 p. 643; 10 Sep 2010 p. 4378; 27 Nov 2012 p. 5734.]\n\n[Part 2 (r. 4-6) deleted: Gazette 28 Feb 2007 p. 644.]\n\n## Part 3 — Smoking in or near enclosed public places\n\n[Heading amended: Gazette 12 Mar 2019 p. 657.]\n\n### Division 1 — Preliminary\n\n##### 7. Terms used\n\nIn this Part —\n\nadequate ventilation means natural or mechanical ventilation that complies with FP4.3, FP4.4 and FP4.5, F4.5, F4.6 and F4.7 of the Building Code of Australia 2006 issued by the Australian Building Codes Board as amended from time to time;\n\n  enclosed public place has a meaning affected by regulation 8;\n\n  roof includes a ceiling, and any material —\n\n(a) through which air cannot flow; and\n\n(b) that is used for the same purpose as a ceiling or roof.\n\n[Regulation 7 amended: Gazette 10 Sep 2010 p. 4378.]\n\n##### 8. Enclosed public places\n\n(1) A public place or a part of a public place that has the features mentioned in subregulations (2) and (3) is an enclosed public place for the purposes of this Part.\n\n(2) An enclosed public place is covered by a roof or a part of a roof.\n\n(3) An enclosed public place is configured so that the total vertical surface area of the solid material in the walls is more than 50% of the notional vertical surface area of the place as assessed in accordance with regulation 9.\n\n(4) The total vertical surface area of the solid material in the walls is to be assessed by —\n\n(a) multiplying the following —\n\n(i) the length of each wall under the roof or the part of a roof plus the length of each wall and each section of a wall that is 1 m or less beyond the perimeter of the roof or the part of a roof when measured horizontally from the perimeter of the roof or the part of the roof;\n\n(ii) the actual height of the walls and wall sections mentioned in subparagraph (i);\n\nand\n\n(b) deducting the total vertical surface area of the open parts of the walls or wall sections mentioned in paragraph (a)(i).\n\n(5) The total vertical surface area of solid material in a wall is to be assessed as if each window, door or vertical retractable covering in or adjacent to the wall —\n\n(a) is closed; and\n\n(b) forms part of the wall.\n\n(6) A place is not an enclosed public place for the purposes of this Part if it is covered by a roof or a part of a roof and is bounded by only —\n\n(a) one straight wall; or\n\n(b) 2 straight walls that are set in an angle of 90 degrees or more.\n\n(7) A part of a public place may be an enclosed public place even though —\n\n(a) it is part of a public place that is not an enclosed public place; or\n\n(b) it is part of another part of a public place that is not an enclosed public plac*e.\n\n[Regulation 8 amended: Gazette 10 Sep 2010 p. 4379.]\n\n##### 9. Notional vertical surface area\n\n(1) The notional vertical surface area of a public place is to be assessed by multiplying the following —\n\n(a) the length of the perimeter of the roof, or the part of a roof, covering the public place;\n\n(b) the average height of the roof, or the part of a roof, covering the public place.\n\n(2) The notional vertical surface area of a part of a public place is to be assessed by multiplying the following —\n\n(a) the length of the perimeter of the roof, or the part of a roof, covering the part of the public place;\n\n(b) the average height of the roof, or the part of a roof, covering the part of the public place.\n\n### Division 2 — Offences\n\n##### 10. Prohibition on smoking in enclosed public places\n\n(1) A person must not smoke in an enclosed public place.\n\nPenalty for this subregulation: a fine of $2 000.\n\n[(2) deleted]\n\n(3) A person does not commit an offence under subregulation (1) if —\n\n(a) the person is an actor, artist or other performer who smokes for the purposes of a performance; and\n\n(b) the occupier of the enclosed public place consented to the person’s smoking for the purposes of the performance; and\n\n(c) the consent was given before the performance commenced.\n\n[Regulation 10 amended: Gazette 12 Mar 2019 p. 665; SL 2021/212 r. 4.]\n\n##### 11. Offence by occupier\n\n(1) If a person commits an offence under regulation 10(1) the occupier of the enclosed public place commits an offence.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(2) It is a defence to a prosecution for an offence under subregulation (1) that —\n\n(a) neither the accused nor any employee or agent of the accused was aware, or could reasonably be expected to have been aware, that the offence was occurring; or\n\n(b) as soon as the accused or an employee or agent of the accused became aware that the offence was occurring, the accused or an employee or agent of the accused —\n\n(i) informed the person concerned that the person was committing an offence; and\n\n(ii) requested the person to stop smoking in the enclosed public place and to extinguish, and properly dispose of, the tobacco product; and\n\n(iii) (if the person failed to comply with a request under subparagraph (ii)) requested the person to leave the enclosed public place until the person finished smoking the tobacco product.\n\n[Regulation 11 amended: Gazette 12 Mar 2019 p. 665.]\n\n##### 12. Display of no smoking signs in entrances to liquor licensed premises\n\n(1) An occupier of an enclosed public place that comprises, or is part of, liquor licensed premises must display, or cause to be displayed, at the place signs that comply with the requirements of subregulation (2) —\n\n(a) in such numbers; and\n\n(b) in such positions,\n\nas would ensure that a sign is clearly visible to a person at a public entrance to the place.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(2) A sign must contain —\n\n(a) the phrase “no smoking” or “smoking prohibited” in letters that are at least 20 mm in height; or\n\n(b) the symbol, designated in Australian Standard 2899.1 — 1986 published by Standards Australia, to indicate that smoking is prohibited and having a diameter of at least 70 mm; or\n\n(c) other words or symbols that indicate clearly that smoking is prohibited.\n\n(3) Subregulation (1) does not apply to an occupier of an enclosed public place that is a subject of a restaurant licence.\n\n[Regulation 12 amended: Gazette 10 Sep 2010 p. 4379; 12 Mar 2019 p. 665.]\n\n##### 13. Duty to prevent smoke entering enclosed public places\n\nThe occupier of an enclosed public place must, unless the place has adequate ventilation, take reasonable steps to ensure that smoke from a tobacco product does not enter the place.\n\nPenalty: a fine of $2 000.\n\n##### 13A. Prohibitions on smoking near enclosed public places\n\n(1) A person must not smoke outside an enclosed public place within 5 m of a public entrance to the enclosed public place.\n\nPenalty for this subregulation: a fine of $1 000.\n\n(2) A person must not smoke outside an enclosed public place within 10 m of an air intake for air conditioning equipment that is in or on the enclosed public place.\n\nPenalty for this subregulation: a fine of $1 000.\n\n(3) It is a defence to a prosecution for an offence under subregulation (1) or (2) to prove that the accused was only passing the public entrance or air intake, as the case requires, and did not remain in its vicinity.\n\n[Regulation 13A inserted: Gazette 12 Mar 2019 p. 658.]\n\n### Division 3 — Investigators\n\n##### 14. Investigators to notify occupiers before taking action under Part 3\n\n(1) An investigator must take reasonable steps to notify the occupier of an enclosed public place of the investigator’s presence before the investigator takes any action for purposes connected with the operation of this Part.\n\n(2) Subregulation (1) does not apply to action of a kind mentioned in section 85.\n\n##### 15. Directions by investigators\n\n(1) If an investigator has reason to believe that a person is committing an offence under regulation 10(1) the investigator may direct the person to stop smoking in the enclosed public place.\n\n(1A) If an investigator has reason to believe that a person is committing an offence under regulation 13A(1) or (2) the investigator may direct the person to stop smoking within the prohibited distance.\n\n(1B) In subregulation (1A) —\n\nwithin the prohibited distance means —\n\n(a) for an offence under regulation 13A(1) — within 5 m of a public entrance to an enclosed public place; or\n\n(b) for an offence under regulation 13A(2) — within 10 m of an air intake for air conditioning equipment that is in or on an enclosed public place.\n\n(2) A direction under subregulation (1) or (1A) may be given orally or in writing and if given orally must be reduced to writing as soon as is practicable.\n\n(3) A person must comply with a direction given to the person under subregulation (1) or (1A).\n\nPenalty for this subregulation:  a fine of $2 000.\n\n(4) In proceedings for an offence under subregulation (3) a document purporting to have been signed or certified by the CEO, an investigator or a police officer —\n\n(a) to which is attached a copy of a direction given under subregulation (1) or (1A); and\n\n(b) stating that the direction —\n\n(i) was given by the person referred to in the document; and\n\n(ii) was in force at the time specified in the document,\n\nis, in the absence of evidence to the contrary, evidence of the direction and of the facts stated in the document.\n\n[Regulation 15 amended: Gazette 12 Mar 2019 p. 658‑9 and p. 665.]\n\n## Part 4A — Smoking in outdoor public places\n\n[Heading inserted: Gazette 10 Sep 2010 p. 4379.]\n\n### Division 1 — Outdoor eating areas\n\n[Heading inserted: Gazette 10 Sep 2010 p. 4379.]\n\n##### 16A. Term used: non‑smoking zone\n\nIn this Division —\n\nnon‑smoking zone means a part of an outdoor eating area that is not allocated under section 107B(4).\n\n[Regulation 16A inserted: Gazette 10 Sep 2010 p. 4379.]\n\n##### 16B. Display of no smoking signs in non‑smoking zones\n\n(1) A responsible person in relation to liquor licensed premises who allocates a smoking zone for the premises must display, or cause to be displayed, at the non‑smoking zones signs that comply with the requirements of subregulation (2) —\n\n(a) in such numbers; and\n\n(b) in such positions,\n\nas would ensure that a sign is clearly visible to a person at a public entrance to the non‑smoking zone.\n\nPenalty for this subregulation: a fine of $1 000.\n\n(2) A sign must contain —\n\n(a) the phrase “no smoking” or “smoking prohibited” in letters that are at least 20 mm in height; or\n\n(b) the symbol, designated in Australian Standard 2899.1 — 1986 published by Standards Australia, to indicate that smoking is prohibited and having a diameter of at least 70 mm; or\n\n(c) other words or symbols that indicate clearly that smoking is prohibited.\n\n(3) A responsible person in relation to liquor licensed premises who allocates a smoking zone for the premises must ensure that any adjoining non‑smoking zone is separated from the smoking zones by a wall or by some other means as would ensure that the boundary between the zones is clearly identifiable to a person in either zone.\n\nPenalty for this subregulation: a fine of $1 000.\n\n[Regulation 16B inserted: Gazette 10 Sep 2010 p. 4379-80; amended: Gazette 12 Mar 2019 p. 665.]\n\n##### 16C. Investigators to notify occupiers before taking action under Div. 1\n\n(1) An investigator must take reasonable steps to notify the occupier of an outdoor eating area of the investigator’s presence before the investigator takes any action for the purposes connected with the operation of this Division, section 107B and regulation 16D as far as it relates to section 107B.\n\n(2) Subregulation (1) does not apply to action of a kind mentioned in section 85.\n\n[Regulation 16C inserted: Gazette 10 Sep 2010 p. 4380-1.]\n\n### Division 2 — Miscellaneous\n\n[Heading inserted: Gazette 10 Sep 2010 p. 4381.]\n\n##### 16D. Directions by investigators\n\n(1) If an investigator has reason to believe that a person is committing an offence under section 107A, 107B, 107C or 107D, the investigator may direct the person to stop smoking in contravention of that section.\n\n(2) A direction under subregulation (1) may be given orally or in writing and if given orally must be reduced to writing as soon as is practicable.\n\n(3) A person must comply with a direction given to the person under subregulation (1).\n\nPenalty for this subregulation: a fine of $2 000.\n\n(4) In proceedings for an offence under subregulation (3) a document purporting to have been signed or certified by the CEO, an investigator or a police officer —\n\n(a) to which is attached a copy of a direction given under subregulation (1); and\n\n(b) stating that the direction —\n\n(i) was given by the person referred to in the document; and\n\n(ii) was in force at the time specified in the document,\n\nis, in the absence of evidence to the contrary, evidence of the direction and of the facts stated in the document.\n\n[Regulation 16D inserted: Gazette 10 Sep 2010 p. 4381; amended: Gazette 12 Mar 2019 p. 665.]\n\n[Part 4 (r. 16) deleted: Gazette 26 Jul 2016 p. 3150.]\n\n## Part 5 — Licensing\n\n[Heading inserted: Gazette 28 Feb 2007 p. 644.]\n\n### Division 1 — Licensing procedures\n\n[Heading inserted: Gazette 28 Feb 2007 p. 644.]\n\n##### 17. Application for licence — proof of individual’s identity\n\nFor the purposes of section 37(1)(c)(i), evidence of the identity of an applicant who is not a body corporate is to be by way of —\n\n(a) the applicant’s birth certificate; or\n\n(b) the applicant’s passport if the passport is either current or has not been expired for more than 24 months; or\n\n(c) the applicant’s motor driver’s licence; or\n\n(d) a certificate of the applicant’s Australian citizenship; or\n\n(e) a document establishing the discharge of the applicant from any of the Australian defence forces; or\n\n(f) a document establishing the applicant’s appointment as a Justice of the Peace; or\n\n(g) a certificate of the applicant’s identity issued by the department of the Commonwealth public service responsible for the administration of foreign affairs; or\n\n(h) a certificate of the applicant’s descent issued by the department of the Commonwealth public service responsible for the administration of immigration or issued by a consulate within Australia.\n\n[Regulation 17 inserted: Gazette 28 Feb 2007 p. 644-5.]\n\n##### 18. Application for licence — other evidence\n\n(1) For the purposes of section 37(1)(c)(ii), the following evidence is prescribed for an application for a licence to be held by a body corporate —\n\n(a) written confirmation from one of the directors of the body corporate that the applicant is authorised by the body corporate to make the application;\n\n(b) an extract or other evidentiary document obtained under the Corporations Law as to the identity of each of the officers of the body corporate;\n\n(c) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to the registration of the business name (if any) applicable to the business to be conducted by the body corporate at the premises that are the subject of the application;\n\n(d) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to the person or persons in relation to whom the business name is registered.\n\n(2) For the purposes of section 37(1)(c)(ii), the following evidence is prescribed for an application for a licence to be held by an individual who proposes to conduct a business selling tobacco products by way of retail sale in partnership with one or more other persons —\n\n(a) written confirmation from one of the partners that the applicant is authorised by the partnership to make the application;\n\n(b) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to the registration of the business name (if any) applicable to the business to be conducted by the partnership at the premises that are the subject of the application;\n\n(c) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to the person or persons in relation to whom the business name is registered.\n\n[Regulation 18 inserted: Gazette 28 Feb 2007 p. 645-6; amended: Gazette 27 Nov 2012 p. 5734.]\n\n##### 19. Application for renewal of licence\n\n(1) For the purposes of section 38(1)(c)(i), the following evidence is prescribed for an application for the renewal of a licence held by a body corporate —\n\n(a) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to the registration of the business name (if any) applicable to the business conducted by the body corporate at the premises that are the subject of the licence if there has been any change in the business name since the issue or most recent renewal of the licence;\n\n(b) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to any change as to the person or persons in relation to whom the business name is registered since the issue or most recent renewal of the licence.\n\n(2) For the purposes of section 38(1)(c)(i), the following evidence is prescribed for an application for the renewal of a licence held by an individual who conducts a business selling tobacco products by way of retail sale in partnership with one or more other persons —\n\n(a) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to the registration of the business name (if any) applicable to the business conducted by the partnership at the premises that are the subject of the licence if there has been any change in the business name since the issue or most recent renewal of the licence;\n\n(b) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to any change as to the person or persons in relation to whom the business name is registered since the issue or most recent renewal of the licence.\n\n[Regulation 19 inserted: Gazette 28 Feb 2007 p. 646-7; amended: Gazette 27 Nov 2012 p. 5734.]\n\n##### 20. Conditions of general application\n\n(1) For the purposes of section 41(2), a condition that is to be taken to be attached to a retailer’s licence in relation to premises where tobacco products are sold (other than by way of a vending machine) is that before the holder of the licence allows an employee or agent to sell a tobacco product or smoking implement at the premises, the employee or agent —\n\n(a) is instructed not to sell a tobacco product or a smoking implement to a person who has not reached 18 years of age; and\n\n(b) is instructed not to sell a tobacco product or a smoking implement to a person unless the employee or agent —\n\n(i) sees a document mentioned in section 15(1) that satisfies the employee or agent that the person who is to take possession of the tobacco product or smoking implement has reached 18 years of age; or\n\n(ii) has no reason to believe that the person who is to take possession of the tobacco product or smoking implement has not reached 18 years of age;\n\nand\n\n(c) is informed of the provisions of the Act Part 2 Division 1; and\n\n(d) is warned that the employee or agent might be charged with an offence if he or she breaches section 6, 8, 10 or 11, as is relevant to the functions of the employee or agent.\n\n(2) For the purposes of section 41(2), a condition that is to be taken to be attached to a retailer’s licence in relation to premises where tobacco products are sold by way of a vending machine is that each representative of the responsible person —\n\n(a) is instructed to take reasonable steps to ensure that a person who has not reached 18 years of age does not obtain a tobacco product from the vending machine; and\n\n(b) is instructed not to allow a person to obtain a tobacco product from a vending machine unless the representative —\n\n(i) sees a document mentioned in section 15(1) that satisfies the representative that the person who is to obtain the tobacco product has reached 18 years of age; or\n\n(ii) has no reason to believe that the person who is to obtain the tobacco product has not reached 18 years of age.\n\n[Regulation 20 inserted: Gazette 28 Feb 2007 p. 647-9; amended: Gazette 10 Sep 2010 p. 4382.]\n\n##### 21. Application to amend licence\n\n(1) For the purposes of section 44(2)(c)(i), the following evidence is prescribed for an application for the amendment of a licence held by a body corporate —\n\n(a) written confirmation from one of the directors of the body corporate that the applicant is authorised by the body corporate to make the application;\n\n(b) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to the registration of the business name (if any) applicable to the business conducted by the body corporate at the premises that are the subject of the application if there has been any change in the business name since the issue or most recent renewal of the licence;\n\n(c) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to any change as to the person or persons in relation to whom the business name is registered since the issue or most recent renewal of the licence.\n\n(2) For the purposes of section 44(2)(c)(i), the following evidence is prescribed for an application for the amendment of a licence held by an individual who conducts a business selling tobacco products by way of retail sale in partnership with one or more other persons —\n\n(a) written confirmation from one of the partners that the applicant is authorised by the partnership to make the application;\n\n(b) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to the registration of the business name (if any) applicable to the business conducted by the partnership at the premises that are the subject of the application if there has been any change in the business name since the issue or most recent renewal of the licence;\n\n(c) a copy of an entry in the Business Names Register, provided under the BNR Act section 60, as to any change as to the person or persons in relation to whom the business name is registered since the issue or most recent renewal of the licence.\n\n[Regulation 21 inserted: Gazette 28 Feb 2007 p. 649-50; amended: Gazette 27 Nov 2012 p. 5735.]\n\n##### 22. Register of licences\n\nParticulars of the offences under the Act for which the holder of the licence has been convicted are prescribed for the purposes of section 45(1)(g).\n\n[Regulation 22 inserted: Gazette 28 Feb 2007 p. 650.]\n\n### Division 2 — Further obligations of licence holders\n\n[Heading inserted: Gazette 28 Feb 2007 p. 650.]\n\n##### 23. Licence details on invoices etc.\n\n(1) In the case of the holder of a retailer’s licence or an indirect seller’s licence, the name and address of the person who supplied the tobacco product if —\n\n(a) the tobacco product was supplied from outside Western Australia; and\n\n(b) the supplier was not a person to whom section 56(2) applies,\n\nare prescribed for the purposes of section 56(1) and (3)(d).\n\n(2) The name and address of the person to whom the tobacco product was sold are prescribed for the purposes of section 56(2) and (3)(d).\n\n[Regulation 23 inserted: Gazette 28 Feb 2007 p. 650-1.]\n\n##### 24. Records to be kept\n\nAll records containing the particulars that are required to be recorded for the purposes of section 56(1) and (2) are prescribed for the purposes of section 58(1)(a).\n\n[Regulation 24 inserted: Gazette 10 Sep 2010 p. 4382.]\n\n### Division 3 — Fees\n\n[Heading inserted: Gazette 28 Feb 2007 p. 651.]\n\n##### 25. Fees to be paid on application for issue of licence\n\n(1) The application fee to be paid for the purposes of section 37(1)(c)(iii) is —\n\n(a) $88.00 for a retailer’s licence; and\n\n(b) $88.00 for an indirect seller’s licence; and\n\n(c) $213.00 for a wholesaler’s licence.\n\n(2) The licence fee to be paid for the purposes of section 37(1)(c)(iii) is —\n\n(a) $250.00 for a retailer’s licence; and\n\n(b) $250.00 for an indirect seller’s licence; and\n\n(c) $609.00 for a wholesaler’s licence.\n\n[Regulation 25 inserted: SL 2025/104 r. 24.]\n\n##### 26. Fees to be paid on application for renewal of licence\n\nThe licence fee to be paid for the purposes of section 38(1)(c)(ii) is —\n\n(a) $287.00 for a retailer’s licence; and\n\n(b) $287.00 for an indirect seller’s licence; and\n\n(c) $678.00 for a wholesaler’s licence.\n\n[Regulation 26 inserted: SL 2025/104 r. 24.]\n\n##### 27. Fee to be paid on application for amendment of licence\n\nThe application fee to be paid for the purposes of section 44(2)(c)(ii) is $93.00.\n\n[Regulation 27 inserted: Gazette 28 Feb 2007 p. 652; amended: Gazette 20 Aug 2010 p. 4069‑70; 12 Dec 2014 p. 4716; 19 May 2015 p. 1758; 17 Jun 2016 p. 2105; 30 Jun 2017 p. 3574; SL 2020/97 r. 16; SL 2021/108 r. 16; SL 2022/136 r. 26; SL 2023/96 r. 24; SL 2024/91 r. 24; SL 2025/104 r. 25.]\n\n##### 28. Fee to be paid for extract of registered particulars\n\nThe fee to be paid for the purposes of section 45(3) is $46.00.\n\n[Regulation 28 inserted: Gazette 28 Feb 2007 p. 652; amended: Gazette 20 Aug 2010 p. 4069‑70; 12 Dec 2014 p. 4716; 19 May 2015 p. 1758; 17 Jun 2016 p. 2105; 30 Jun 2017 p. 3574; SL 2020/97 r. 16; SL 2021/108 r. 16; SL 2023/96 r. 25; SL 2024/91 r. 25; SL 2025/104 r. 26.]\n\n##### 29. Fee to be paid for duplicate licence\n\nThe fee to be paid for the purposes of section 54(2) is $46.00.\n\n[Regulation 29 inserted: Gazette 28 Feb 2007 p. 652; amended: Gazette 20 Aug 2010 p. 4069‑70; 12 Dec 2014 p. 4716; 19 May 2015 p. 1758; 17 Jun 2016 p. 2105; 30 Jun 2017 p. 3574; SL 2020/97 r. 16; SL 2021/108 r. 16; SL 2023/96 r. 26; SL 2024/91 r. 26; SL 2025/104 r. 27.]\n\n## Part 6 — Sale and supply\n\n[Heading inserted: Gazette 28 Feb 2007 p. 653.]\n\n### Division 1 — Terms used in this Part\n\n[Heading inserted: Gazette 28 Feb 2007 p. 653.]\n\n##### 30. Terms used\n\nIn this Part —\n\n  approved Quitline logo means a logo —\n\n(a) modelled on any logo described as a “Quitline logo” in the document entitled “Quit brand guidelines” published by the Cancer Council of Victoria; and\n\n(b) containing a combination of words or numbers,\n\nthat is approved by the CEO for the purposes of these regulations;\n\ncigar cabinet means a fully enclosed cabinet or box that is used to store only cigars;\n\n  counter includes any facility across which customers are served;\n\n  dispensing unit means a device —\n\n(a) located at premises other than a duty free shop at an airport and —\n\n(i) that stores and dispenses only tobacco products; and\n\n(ii) that does not display tobacco products; and\n\n(iii) that is operated by a retailer or an agent or employee of the retailer; and\n\n(iv) that dispenses only single packets of cigarettes;\n\nor\n\n(b) located at a duty free shop at an airport and —\n\n(i) that stores and dispenses only cartons of cigarettes; and\n\n(ii) that does not display tobacco products; and\n\n(iii) that may be operated by a customer;\n\n  humidified room means a room that —\n\n(a) has a humidification system or device to add or remove moisture from the room’s atmosphere; and\n\n(b) is used to display and store only cigars; and\n\n(c) may be entered by potential purchasers of cigars;\n\n  price ticket includes the display of price in electronic form;\n\nretail premises, in relation to a retailer’s licence, means premises specified in the licence as premises at which tobacco products and smoking implements are sold;\n\nretailer means the holder of a retailer’s licence;\n\nsales place, in relation to retail premises, means the place on the premises from which tobacco products and smoking implements are sold.\n\n[Regulation 30 inserted: Gazette 28 Feb 2007 p. 653-4; amended: Gazette 10 Sep 2010 p. 4382-3; SL 2025/105 r. 4.]\n\n### Division 2 — Proof of age\n\n[Heading inserted: Gazette 28 Feb 2007 p. 654.]\n\n##### 31. Proof of age\n\nFor the purposes of section 15(1)(c), the following documents are prescribed —\n\n(a) a current photo card as defined in the *Western Australian Photo Card Regulations 2014* regulation 3;\n\n(b) a proof of age card issued to a person under the *Liquor Control Regulations 1989* regulation 18B.\n\n[Regulation 31 inserted: Gazette 27 Jun 2014 p. 2331.]\n\n### Division 3 — Labelling of tobacco products\n\n[Heading inserted: Gazette 28 Feb 2007 p. 655.]\n\n##### 32. Labelling tobacco products\n\nFor the purposes of section 19, a package must be labelled in accordance with the *Public Health (Tobacco and Other Products) Regulations 2024* (Commonwealth) Chapter 3 as in force on 13 December 2024.\n\n[Regulation 32 inserted: SL 2025/105 r. 5.]\n\n### Division 4 — Location and display of tobacco products and smoking implements\n\n[Heading inserted: Gazette 10 Sep 2010 p. 4383.]\n\n##### 33. Packages that cannot be displayed by specialist retailer\n\nA specialist retailer must not display, or authorise or allow to be displayed, any of the following kinds of package —\n\n[(a) deleted]\n\n(b) a package containing cigarettes that are, except for the paper around any filter tip, enclosed in paper of a colour that is not white, black or brown;\n\n(c) a package displaying a word or set of words, picture, sign, symbol or other visual image (including a colour or scheme of colours) or other visual message suggesting that the package contains cigarettes of a kind mentioned in paragraph (b).\n\n[(d) deleted]\n\nPenalty: a fine of $2 000.\n\n[Regulation 33 inserted: Gazette 28 Feb 2007 p. 655-6; amended: Gazette 10 Sep 2010 p. 4384; 12 Mar 2019 p. 659.]\n\n##### 34. Location of tobacco products or smoking implements on retail premises\n\n(1) A retailer must ensure that tobacco products and smoking implements are located —\n\n(a) on premises specified in the retailer’s licence; and\n\n(b) at a place, if any, on premises specified in the retailer’s licence.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(2) A retailer must ensure that tobacco products and smoking implements are not sold from more than one place on the retail premises.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(3) A retailer, except a specialist retailer or a retailer operating from liquor licensed premises, must ensure that —\n\n(a) tobacco products, other than cigars, and smoking implements kept at the sales place on the premises are located —\n\n(i) behind (but not on) a counter across which customers are served on the seller’s side; or\n\n(ii) directly above a counter across which customers are served so that the vertical distance between the bottom of the storage facility and the floor level on the customer’s side of the counter is at least 1.7 m;\n\nand\n\n(b) cigars kept at the sales place on the premises are kept in one or 2 cigar cabinets located in accordance with paragraph (a).\n\nPenalty for this subregulation: a fine of $2 000.\n\n(4) A retailer operating from liquor licensed premises, must ensure that —\n\n(a) tobacco products, other than cigars, and smoking implements kept at the sales place on the premises are located —\n\n(i) behind (but not on) a counter across which customers are served on the seller’s side; or\n\n(ii) directly above a counter across which customers are served so that the vertical distance between the bottom of the storage facility and the floor level on the customer’s side of the counter is at least 1.7 m;\n\nand\n\n(b) cigars kept at the sales place on the premises are located in accordance with paragraph (a) or in one or 2 cigar cabinets on either side of a counter across which customers are served.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(5) A retailer must ensure that tobacco products and smoking implements kept on the retail premises —\n\n(a) are not located within 1 m of confectionery or products that are designed specifically for, or marketed specifically to, children; or\n\n(b) if at particular premises it is not practicable to comply with paragraph (a), are located at the greatest distance practicable from confectionery or products that are designed specifically for, or marketed specifically to, children.\n\nPenalty for this subregulation: a fine of $2 000.\n\n[Regulation 34 inserted: Gazette 10 Sep 2010 p. 4384-6; amended: Gazette 12 Mar 2019 p. 665.]\n\n[**35.** Deleted: Gazette 12 Mar 2019 p. 659.]\n\n##### 36. Type of tobacco products on retail premises and manner of storage\n\n(1) A retailer must ensure that only tobacco products or smoking implements that are available for sale, or that are usually available for sale, are kept on the retail premises.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(2) A retailer must ensure that tobacco products kept on the retail premises comprise only one or more of the following —\n\n(a) unopened packages of tobacco products;\n\n(b) opened packages of single cigars that are intended to be sold separately;\n\n(c) single cigars that are intended to be sold separately.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(3) A retailer, except a specialist retailer, must ensure that tobacco products are stored on the retail premises in such a way that the tobacco products visible at the time of sale —\n\n(a) comprise no more than 150 product lines; and\n\n(b) occupy no more than 1 m2 in area.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(4) A retailer, except a specialist retailer, must ensure that tobacco products comprising a product line that is packed in one type of package are stored on the retail premises in such a way that only one stored package is visible at the time of sale.\n\nPenalty for this subregulation: a fine of $2 000.\n\n(5) A retailer, except a specialist retailer, must ensure that tobacco products comprising a product line that is packed in more than one type of package are stored on the retail premises in such a way that only one of each type of those stored packages is visible at the time of sale.\n\nPenalty for this subregulation: a fine of $2 000.\n\n[Regulation 36 inserted: Gazette 10 Sep 2010 p. 4387-8; amended: Gazette 12 Mar 2019 p. 665.]\n\n##### 37. Display of tobacco products, smoking implements or product lines by specialist retailer\n\nA specialist retailer must ensure that any display of tobacco products or smoking implements —\n\n(a) is not illuminated or otherwise presented so as to make the display stand out from, or appear brighter than, its surroundings; and\n\n(b) does not illuminate or otherwise present a tobacco product, smoking implement or product line so as to make the tobacco product, implement or product line stand out from, or appear brighter than, its surroundings or any other tobacco product, implement or product line in the display.\n\nPenalty: a fine of $2 000.\n\n[Regulation 37 inserted: Gazette 10 Sep 2010 p. 4388.]\n\n[**38.** Deleted: Gazette 10 Sep 2010 p. 4387.]\n\n### Division 5 — Information about availability, price of tobacco products or smoking implements\n\n[Heading inserted: Gazette 28 Feb 2007 p. 659; amended: Gazette 10 Sep 2010 p. 4388.]\n\n##### 39. Information signs about availability or prices of tobacco products or smoking implements sold by retailers — location\n\n(1) For the purposes of section 24(1), but subject to subregulation (2), a sign giving information about the availability or price of tobacco products or smoking implements —\n\n(a) must be located at the place at which tobacco products or smoking implements are sold in the premises specified in the licence; and\n\n(b) must be located on the seller’s side of a counter across which customers are served; and\n\n(c) must not be located on a counter across which customers are served.\n\n(2) A sign referred to in regulation 40(2) must not be located at the place referred to in subregulation (1)(a) if price tickets are displayed on a facility used to store the available tobacco products at the place.\n\n[Regulation 39 inserted: Gazette 28 Feb 2007 p. 659; amended: Gazette 10 Sep 2010 p. 4389; 12 Mar 2019 p. 659.]\n\n##### 40. Information signs about availability or prices of tobacco products or smoking implements sold by retailers — contents\n\n(1) For the purposes of section 24(1), a sign giving information about the availability or price of tobacco products or smoking implements must comply with either subregulation (2) or subregulation (3).\n\n(2) The sign —\n\n(a) must not contain information relating to the availability or price other than that describing any of the following —\n\n(i) the product lines available;\n\n(ii) if a product line is packed in more than one type of package, the types of package available;\n\n(iii) the country of origin of the available tobacco products or smoking implements;\n\n(iv) the price or prices of the available tobacco products or smoking implements;\n\nand\n\n(b) must not contain information appearing more than once about a particular product line but if a product line is packed in more than one type of package, may contain information that appears once about each type of those packages; and\n\n(c) must not contain information about the availability or price of a tobacco product in a package mentioned in regulation 33; and\n\n(d) must display at the top of the sign an approved Quitline logo that is at least 2 cm in height.\n\n(3) The sign must contain only the words —\n\n(a) “Tobacco products sold here”; or\n\n(b) “Tobacco products and smoking implements sold here”,\n\nas the case requires.\n\n(4) For the purposes of section 24(1), a health warning sign referred to in regulation 51 must be displayed adjacent to a sign referred to in subregulation (2) or subregulation (3).\n\n[Regulation 40 inserted: Gazette 28 Feb 2007 p. 659-60; amended: Gazette 10 Sep 2010 p. 4389-90.]\n\n##### 41. Information signs about availability or prices of tobacco products or smoking implements sold by retailers — specifications\n\nFor the purposes of section 24(1) a sign giving information about the availability or price of tobacco products or smoking implements —\n\n(a) must not exceed 297 mm x 210 mm; and\n\n[(b) deleted]\n\n(c) must, except for any warning referred to in regulation 40(4), have a white background with black lettering or a black background with white lettering and no other colouring; and\n\n(d) must not contain lettering or numbers that exceed 1 cm in height; and\n\n(e) must not contain lettering or numbers in different sizes or fonts; and\n\n(f) must not present any information about a product line so as to make it stand out from information about any other product line.\n\n[Regulation 41 inserted: Gazette 28 Feb 2007 p. 660-1; amended: Gazette 10 Sep 2010 p. 4390-1; 12 Mar 2019 p. 660.]\n\n##### 42. Information signs about availability or prices of tobacco products sold by retailers — cigar cabinets\n\nFor the purposes of section 24(1), in addition to a sign complying with regulation 41(a), there may be a sign giving information about the availability or price of cigars in a cigar cabinet if —\n\n(a) the sign does not exceed 297 mm x 210 mm; and\n\n(b) the sign is affixed, or located immediately adjacent, to the cigar cabinet; and\n\n(c) there is displayed at the top of the sign an approved Quitline logo that is at least 1 cm in height; and\n\n(d) the sign complies with regulations 40(2)(a) and (b) and 41(c), (d), (e) and (f).\n\n[Regulation 42 inserted: Gazette 28 Feb 2007 p. 661; amended: Gazette 12 Mar 2019 p. 660.]\n\n##### 43. Price tickets for tobacco products sold by retailers — location and numbers\n\n(1) For the purposes of section 24(1) —\n\n(a) there must not be more than one price ticket for each product line in a display of tobacco products; and\n\n(b) the price ticket for a product line must be located immediately below the display of the product line; and\n\n(c) if a facility is used to store but not display tobacco products, there must not be more than one price ticket displayed on the facility for each product line.\n\n(2) For the purposes of section 24(2) there must not be displayed on a vending machine or dispensing unit more than 4 price tickets for each product line available from the vending machine or dispensing unit.\n\n[Regulation 43 inserted: Gazette 28 Feb 2007 p. 661-2; amended: Gazette 10 Sep 2010 p. 4391.]\n\n##### 44. Price tickets for tobacco products sold by retailers — contents\n\nFor the purposes of section 24(1) and (2) a price ticket may display information about any of the following —\n\n(a) the brand name, nicotine content, tar content or flavour of a tobacco product;\n\n(b) the number of items in a package containing a tobacco product;\n\n(c) the country of origin of a tobacco product;\n\n(d) the price of a tobacco product.\n\n[Regulation 44 inserted: Gazette 28 Feb 2007 p. 662.]\n\n##### 45. Price tickets for tobacco products sold by retailers — specifications\n\nFor the purposes of section 24(1) and (2) —\n\n(a) a price ticket must not exceed 35 cm2 in area; and\n\n(b) a price ticket must have —\n\n(i) a white background with black lettering; or\n\n(ii) a black background with white lettering; or\n\n(iii) the same colour lettering and the same colour background as the other price tickets displayed in the premises unless the price ticket is in electronic form on a vending machine;\n\nand\n\n(c) all price tickets for tobacco products at the premises must have the same colour lettering and the same colour background; and\n\n(d) a price ticket must not contain a fluorescent colour unless the price ticket is in electronic form on a vending machine; and\n\n(e) a price ticket must not contain lettering or numbers for the product line information exceeding 8 mm in height; and\n\n(f) a price ticket must not contain lettering or numbers for the product line information of a height exceeding that of the lettering or numbers for the price; and\n\n(g) the lettering and numbers for the product line information must be of the same height on all price tickets on vending machines at the premises; and\n\n(h) the lettering and numbers for the product line information must be of the same height on all price tickets for tobacco products for sale at the premises other than by way of a vending machine; and\n\n(i) the lettering and numbers for the price must be of the same height on all price tickets on vending machines at the premises; and\n\n(j) the lettering and numbers for the price must be of the same height on all price tickets for tobacco products for sale at the premises other than by way of a vending machine.\n\n[Regulation 45 inserted: Gazette 28 Feb 2007 p. 662-4.]\n\n##### 46. Price lists for tobacco products or smoking implements sold by retailers\n\nFor the purposes of section 24(1) information about the availability or price of tobacco products or smoking implements may be displayed in the form of a price list if —\n\n(a) the price list is available only on the request of a customer; and\n\n(b) the price list is not available to be taken away by a customer; and\n\n(c) the price list does not exceed 210 mm x 297 mm; and\n\n(d) in the case of a price list that comprises more than one page, the pages are bound or fixed together so that they cannot be separated easily; and\n\n(e) there is displayed at the top of each page of the price list an approved Quitline logo that is at least 1 cm in height.\n\n[Regulation 46 inserted: Gazette 28 Feb 2007 p. 664; amended: Gazette 10 Sep 2010 p. 4392.]\n\n##### 47. Facsimiles of tobacco products displayed on price list\n\nFor the purposes of section 24(1) and (2), information about the availability of a tobacco product may be displayed in the form of a facsimile of the tobacco product or its package if —\n\n(a) the facsimile is located on a price list mentioned in regulation 46; and\n\n(b) in the case of a facsimile of a package, the size of the facsimile is not greater than 50% of the actual size of the front face of the package; and\n\n(c) in the case of a facsimile of a cigar, the size of the facsimile is not greater than the actual size of the cigar; and\n\n(d) in the case of a facsimile of a package, it is a facsimile of the front face of the package that is labelled as required by section 19.\n\n[Regulation 47 inserted: Gazette 10 Sep 2010 p. 4392.]\n\n### Division 6 — Warnings\n\n[Heading inserted: Gazette 28 Feb 2007 p. 666.]\n\n##### 48. Warning signs about purchase of tobacco products etc. to underage persons — location\n\n(1) For the purposes of section 25(1)(d) a sign must be located —\n\n(a) immediately adjacent to —\n\n(i) the place at which tobacco products are sold in the premises specified in the licence; or\n\n(ii) if there is no display of tobacco products, the place at which tobacco products are sold in the premises,\n\nin such a position as to be clearly visible to a customer when purchasing a tobacco product; and\n\n(b) above the height of the counter across which customers are served.\n\n(2) For the purposes of section 25(2)(a) a sign on a vending machine must be in such a position as to be clearly visible to a customer when purchasing a tobacco product from the vending machine.\n\n[Regulation 48 inserted: Gazette 28 Feb 2007 p. 666.]\n\n##### 49. Warning signs about purchase of tobacco products etc. to underage persons — content and specifications\n\nFor the purposes of section 25(1)(d) and (2)(a) a sign —\n\n(a) must be at least 210 mm x 148 mm; and\n\n(b) must have the content, and be in the form and colouring, set out in Schedule 1; and\n\n(c) may display a reference to the State, the Department of Health, the Act, or more than one of those; and\n\n(d) must not display any information other than required under paragraph (b) or allowed under paragraph (c); and\n\n(e) may display any information required under paragraph (b) or allowed under paragraph (c) in a language other than English in addition to the display in the English language.\n\n[Regulation 49 inserted: Gazette 28 Feb 2007 p. 666-7.]\n\n##### 50. Health warning signs — location\n\nFor the purposes of section 25(2)(b) a health warning sign on a vending machine must be in such a position as to be clearly visible to a customer when purchasing a tobacco product from the vending machine.\n\n[Regulation 50 inserted: Gazette 28 Feb 2007 p. 667.]\n\n##### 51. Health warning signs — content and specifications\n\n(1A) For the purposes of section 23(2)(d), a health warning sign —\n\n(a) must be at least 297 mm x 210 mm or, if the display is in a cigar cabinet that is designed to be portable and has a volume not exceeding 50 cm3, at least 105 mm x 74 mm; and\n\n(b) must have the content, and be in the form and colouring, of the sign depicted in Schedule 3.\n\n(1) For the purposes of section 25(2)(b), and for the purposes of section 25(3) and regulation 40(4) in relation to tobacco products (other than cigars in a cigar cabinet or humidified room), a health warning sign —\n\n(a) must be at least 297 mm x 210 mm or in the case of a vending machine that is too small to display a sign of that size, 210 x 148 mm; and\n\n(b) must have the content, and be in the form and colouring, of 1 of the signs depicted in Schedule 2.\n\n(2) For the purposes of section 25(3) and regulation 40(4) in relation to cigars in a cigar cabinet or humidified room, a health warning sign —\n\n(a) must be at least 297 mm x 210 mm or in the case of a cigar cabinet that is designed to be portable and has a volume not exceeding 50 cm3, at least 105 mm x 74 mm; and\n\n(b) must have the content, and be in the form and colouring, of the sign depicted in Schedule 3.\n\n(3) For the purposes of sections 23(2)(d) and 25(2)(b) and (3) and regulation 40(4) a health warning sign —\n\n[(a) deleted]\n\n(b) must not display any information other than required under subregulation (1A)(b), (1)(b) or (2)(b), as is relevant to the case; and\n\n(c) may display any information required under subregulation (1A)(b), (1)(b) or (2)(b), as is relevant to the case, in a language other than English in addition to the display in the English language.\n\n[Regulation 51 inserted: Gazette 28 Feb 2007 p. 667-8; amended: Gazette 10 Sep 2010 p. 4393; 12 Mar 2019 p. 660‑1.]\n\n### Division 7 — Information and advice\n\n[Heading inserted: Gazette 28 Feb 2007 p. 668.]\n\n##### 52. Retailers providing purchasers of tobacco products with approved guides\n\nFor the purposes of section 26(2)(a) the provision of an approved guide must be by way of placing copies of the approved guide —\n\n(a) on a counter across which customers are served at the place at which tobacco products are sold in the premises specified in the licence; and\n\n(b) in such a manner as to enable a purchaser of a tobacco product to easily take a copy of the approved guide without the assistance of the holder of the retailer’s licence or the employee or agent of the holder of a retailer’s licence.\n\n[Regulation 52 inserted: Gazette 28 Feb 2007 p. 668.]\n\n##### 53. Retailers making approved guides available to purchasers of tobacco products\n\nFor the purposes of section 26(2)(b) the making available of an approved guide must be by way of displaying the approved guide at the place at which tobacco products are sold in the premises specified in the licence in such a manner as to enable a purchaser of a tobacco product to easily see the approved guide.\n\n[Regulation 53 inserted: Gazette 28 Feb 2007 p. 669.]\n\n##### 54. Wholesalers providing retailers with approved guides\n\nFor the purposes of section 26(3) approved guides are to be provided —\n\n(a) to an approved holder of a retailer’s licence; and\n\n(b) in an approved manner; and\n\n(c) at an approved time.\n\n[Regulation 54 inserted: Gazette 28 Feb 2007 p. 669.]\n\n### Division 8 — Vending machines\n\n[Heading inserted: Gazette 28 Feb 2007 p. 669.]\n\n##### 55. Number of vending machines\n\nThe number of vending machines prescribed for the purposes of section 27(2)(a) is 2.\n\n[Regulation 55 inserted: Gazette 28 Feb 2007 p. 669.]\n\n##### 56. Location of vending machines\n\nFor the purposes of section 27(2)(c) a vending machine that can be operated without the assistance of a responsible person in relation to the premises or his or her representative is to be located on the premises so that at all times during which members of the public can obtain a tobacco product from the vending machine, it is visible to the responsible person or a representative.\n\n[Regulation 56 inserted: Gazette 28 Feb 2007 p. 669.]\n\n### Division 9 — Smokeless tobacco\n\n[Heading inserted: Gazette 28 Feb 2007 p. 670.]\n\n##### 57. Smokeless tobacco\n\n(1) A tobacco product that comprises tobacco in a powdered form (snuff) is prescribed for the purposes of section 30(2).\n\n(2) The circumstances of the manufacture or sale of snuff that are prescribed for the purposes of section 30(2) are that the snuff is prepared, packed and clearly labelled to be used by way of inhalation through the nostrils.\n\n[Regulation 57 inserted: Gazette 28 Feb 2007 p. 670.]\n\n## Part 7 — Miscellaneous\n\n[Heading inserted: Gazette 28 Feb 2007 p. 671.]\n\n##### 58. Confidentiality — exceptions\n\n(1) In this regulation —\n\n  Commonwealth agency means —\n\n(a) a department of the Commonwealth public service; or\n\n(b) an instrumentality or agency of the Crown in right of the Commonwealth.\n\n(2) The following circumstances are prescribed for the purposes of section 123(1)(f) —\n\n(a) assisting a police officer in the performance of a function relating to the investigation and enforcement of an offence under a written law;\n\n(b) assisting a member of, or a person performing a function in or for —\n\n(i) the Australian Federal Police; or\n\n[(ii) deleted]\n\n(iii) the Australian Quarantine and Inspection Service,\n\nin the performance of a function relating to the investigation and enforcement of an offence under a Commonwealth law;\n\n(ca) assisting an officer of Customs as defined in the *Customs Act 1901* (Commonwealth) section 4(1) in the performance of a function relating to the investigation and enforcement of an offence under a Commonwealth law;\n\n(c) assisting a person employed or engaged by the Commonwealth or a Commonwealth agency in the performance of a function relating to the administration or enforcement of —\n\n(i) a Customs Act within the meaning of the *Customs Act 1901* (Commonwealth); or\n\n(ii) an Excise Act within the meaning of the *Excise Act 1901* (Commonwealth); or\n\n(iii) a taxation law as defined in the *Taxation Administration Act 1953* (Commonwealth) section 2(1),\n\nas that law applies to a tobacco product or conduct in relation to a tobacco product.\n\n[Regulation 58 inserted: Gazette 28 Feb 2007 p. 671-2; amended: Gazette 25 Aug 2015 p. 3379‑80.]\n\n##### 59. Appointment of restricted investigators\n\nFor the purposes of the definition of ***enforcement agency*** in section 77(1), the chief executive officer of the department of the Public Service principally assisting in the administration of the *Transport Co‑ordination Act 1966* is prescribed.\n\n[Regulation 59 inserted: Gazette 12 Mar 2019 p. 662.]\n\n##### 60. Prescribed offences and modified penalties\n\n(1) The offences specified in Schedule 4 are offences for which an infringement notice may be issued under the *Criminal Procedure Act 2004* Part 2.\n\n(2) The modified penalty specified opposite an offence in Schedule 4 is the modified penalty for that offence for the purposes of the *Criminal Procedure Act 2004* section 5(3).\n\n[Regulation 60 inserted: Gazette 10 Sep 2010 p. 4394.]\n\n##### 61. Authorised officers and approved officers\n\n(1) The CEO may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the *Criminal Procedure Act 2004* Part 2.\n\n(2) The CEO is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.\n\n[Regulation 61 inserted: Gazette 10 Sep 2010 p. 4394.]\n\n##### 62. Forms\n\nThe forms set out in Schedule 5 are prescribed in relation to the matters specified in those forms.\n\n[Regulation 62 inserted: Gazette 10 Sep 2010 p. 4394.]\n\nSchedule 1 — Warning signs about purchase of tobacco products\n\n[r. 49(b)]\n\n[Heading inserted: Gazette 28 Feb 2007 p. 673.]\n\n![Attachment 2 - Warning Sign S2M]()\n\n[Schedule 1 inserted: Gazette 28 Feb 2007 p. 673.]\n\nSchedule 2 — Health warning signs for general display or vending machines\n\n[r. 51(1)(b)]\n\n[Heading inserted: Gazette 12 Mar 2019 p. 662.]\n\n![C:\\PCO Work\\Regs\\Tobacco Products Control Amendment Regulations 2019\\images\\Warning Stickers - Smoking-1.jpg]()\n\n![C:\\PCO Work\\Regs\\Tobacco Products Control Amendment Regulations 2019\\images\\Warning Stickers - Smoking-2.jpg]()\n\n![C:\\PCO Work\\Regs\\Tobacco Products Control Amendment Regulations 2019\\images\\Warning Stickers - Smoking-3.jpg]()\n\n![C:\\PCO Work\\Regs\\Tobacco Products Control Amendment Regulations 2019\\images\\Warning Stickers - Smoking-4.jpg]() [Schedule 2 inserted: Gazette 12 Mar 2019 p. 662‑3.]\n\nSchedule 3 — Health warning signs for display of cigars or cigar cutting implements\n\n[r. 51(1A)(b) and (2)(b)]\n\n[Heading inserted: Gazette 12 Mar 2019 p. 664.]\n\n![C:\\PCO Work\\Regs\\Tobacco Products Control Amendment Regulations 2019\\images\\Warning Stickers - Cigars.jpg]()\n\n[Schedule 3 inserted: Gazette 12 Mar 2019 p. 664.]\n\nSchedule 4 — Prescribed offences and modified penalties\n\n[r. 60]\n\n[Heading inserted: Gazette 10 Sep 2010 p. 4395.]\n\n| **Offences under *Tobacco Products Control Act 2006*** | **Modified penalty**<br>**$** |\n| --- | --- |\n| s. 6 | 1 000 |\n| s. 7 | 1 000 |\n| s. 8(1) | 1 000 |\n| s. 8(2) | 1 000 |\n| s. 9 | 1 000 |\n| s. 10 | 1 000 |\n| s. 11 | 1 000 |\n| s. 16(1) | 1 000 |\n| s. 17 | 1 000 |\n| s. 18 | 1 000 |\n| s. 18A | 1 000 |\n| s. 19 | 1 000 |\n| s. 20(1) | 1 000 |\n| s. 21 | 1 000 |\n| s. 21A | 1 000 |\n| s. 21B | 1 000 |\n| s. 22(1) | 1 000 |\n| s. 24(1) | 1 000 |\n| s. 24(2) | 1 000 |\n| s. 25(1) | 200 |\n| s. 25(2) | 200 |\n| s. 25(3) | 200 |\n| s. 25(4) | 200 |\n| s. 26(2) | 1 000 |\n| s. 26(3) | 1 000 |\n| s. 27(1) | 1 000 |\n| s. 27(2) | 1 000 |\n| s. 28(2) | 1 000 |\n| s. 28(3) | 1 000 |\n| s. 29 | 1 000 |\n| s. 30 | 1 000 |\n| s. 31(1) | 1 000 |\n| s. 31(2) | 1 000 |\n| s. 31(3) | 1 000 |\n| s. 31(4) | 1 000 |\n| s. 33(1) | 1 000 |\n| s. 34 | 1 000 |\n| s. 52(1) | 1 000 |\n| s. 53 | 1 000 |\n| s. 56(1) | 1 000 |\n| s. 56(2) | 1 000 |\n| s. 107A | 200 |\n| s. 107B(1) | 300 |\n| s. 107B(2) | 300 |\n| s. 107C | 200 |\n| s. 107D(2) | 200 |\n\n| **Offences under *Tobacco Products Control Regulations 2006*** | **Modified penalty   $** |\n| --- | --- |\n| r. 10(1) | 300 |\n| r. 11(1) | 300 |\n| r. 12(1) | 300 |\n| r. 13A(1) | 200 |\n| r. 13A(2) | 200 |\n| r. 15(3) | 300 |\n| r. 16B(1) | 200 |\n| r. 16B(3) | 200 |\n| r. 16D(3) | 300 |\n| r. 33 | 300 |\n| r. 34(1) | 300 |\n| r. 34(2) | 300 |\n| r. 36(1) | 300 |\n| r. 36(2) | 300 |\n| r. 36(3) | 300 |\n| r. 37 | 300 |\n\n\n[Schedule 4 inserted: Gazette 10 Sep 2010 p. 4395-7; amended: Gazette 12 Mar 2019 p. 664‑5.]\n\nSchedule 5 — Forms\n\n[r. 62]\n\n[Heading inserted: Gazette 10 Sep 2010 p. 4397.]\n\n**Form 1 — Infringement notice**\n\n- *Tobacco Products Control Act 2006***Infringement notice** Infringement\nnotice no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name ______________________________________________ ACN\n- Address ______________________________________________ Postcode\n- **Alleged offence** Description of offence ______________________________________________\n- *Tobacco Products Control Act 2006* s. or*Tobacco Products Control Regulations 2006* r.\n- Date / /20 Time a.m./p.m.\n- Modified penalty $\n- **Officer issuing notice** Name\n- Signature\n- Office\n- **Date** Date of notice / /20\n- **Notice to alleged offender** It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice.**How to pay** [Insert details for paying]**If you do not pay** the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.**If you need more time** to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address. **If you want this matter to be dealt with by prosecution in court,** sign here: _______________________________________\nand post this notice to the Approved Officer at the above postal address within 28 days after the date of this notice.\n\n\n[Form 1 inserted: Gazette 10 Sep 2010 p. 4397-9; amended: Gazette 20 Aug 2013 p. 3853; SL 2020/168 r. 10; SL 2025/105 r. 6.]\n\n**Form 2 — Withdrawal of infringement notice**\n\n- *Tobacco Products Control Act 2006***Withdrawal of infringement notice** Withdrawal no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name ______________________________________________ ACN\n- Address ______________________________________________ Postcode\n- **Infringement notice** Infringement notice no.\n- Date of issue / /20\n- **Alleged offence** Description of offence ______________________________________________\n- *Tobacco Products Control Act 2006* s. or*Tobacco Products Control Regulations 2006* r.\n- Date / /20 Time a.m./p.m.\n- **Officer withdrawing notice** Name\n- Signature\n- Office\n- **Date** Date of withdrawal / /20\n- **Withdrawal of infringement notice**[*delete\nwhichever\nis not applicable] The above infringement notice issued against you has been withdrawn.If you have already paid the modified penalty for the alleged offence you are entitled to a refund. * Your refund is enclosed.or* If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — *Tobacco Products Control Act 2006* *[Relevant authority and address]*Signature / /20\n\n\n[Form 2 inserted: Gazette 10 Sep 2010 p. 4399-400.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Tobacco Products Control Regulations 2006* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table..\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Tobacco Products Control Regulations 2006* | 25 Jul 2006 p. 2797-808 | 31 Jul 2006 (see r. 2) |\n| *Tobacco Products Control Amendment Regulations 2007* | 28 Feb 2007 p. 641-75 | 28 Feb 2007 (see r. 2) |\n| *Tobacco Products Control Amendment Regulations 2010* | 20 Aug 2010 p. 4069‑70 | r. 1 and 2: 20 Aug 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Sep 2010 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations (No. 2) 2010* | 10 Sep 2010 p. 4375-400 | r. 1 and 2: 10 Sep 2010 (see r. 2(a));   Regulations other than r. 1, 2 and 26: 22 Sep 2010 (see r. 2(c));   r. 26: 22 Sep 2011 (see r. 2(b)) |\n| **Reprint 1: The *Tobacco Products Control Regulations 2006* as at 7 Jan 2011** (includes amendments listed above) | | |\n| *Tobacco Products Control Amendment Regulations 2011* | 1 Mar 2011 p. 676‑7 | r. 1 and 2: 1 Mar 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 2 Mar 2011 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations 2012* | 18 May 2012 p. 2141 | r. 1 and 2: 18 May 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 19 May 2012 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations (No. 2) 2012* | 27 Nov 2012 p. 5734-5 | 27 Nov 2012 (see note under r. 1) |\n| *Tobacco Products Control Amendment Regulations 2013* | 20 Aug 2013 p. 3853 | r. 1 and 2: 20 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and *Gazette* 20 Aug 2013 p. 3815) |\n| *Tobacco Products Control Amendment Regulations (No. 3) 2014* | 20 Jun 2014 p. 2025 | r. 1 and 2: 20 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Jun 2014 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations 2014* | 27 Jun 2014 p. 2331 | r. 1 and 2: 27 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i) and *Gazette* 17 Jun 2014 p. 1955) |\n| **Reprint 2: The *Tobacco Products Control Regulations 2006* as at 21 Nov 2014** (includes amendments listed above) | | |\n| *Tobacco Products Control Amendment Regulations (No. 4) 2014* | 12 Dec 2014 p. 4715‑16 | r. 1 and 2: 12 Dec 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 13 Dec 2014 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations 2015* | 10 Feb 2015 p. 625 | r. 1 and 2: 10 Feb 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n| *Tobacco Products Control Amendment Regulations (No. 3) 2015* | 19 May 2015 p. 1757‑8 | r. 1 and 2: 19 May 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations (No. 4) 2015* | 25 Aug 2015 p. 3379‑80 | r. 1 and 2: 25 Aug 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 26 Aug 2015 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations (No. 2) 2016* | 6 May 2016 p. 1382‑3 | r. 1 and 2: 6 May 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 7 May 2016 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2016* Pt. 8 | 17 Jun 2016 p. 2101-5 | 1 Jul 2016 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations (No. 3) 2016* | 26 Jul 2016 p. 3150 | r. 1 and 2: 26 Jul 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Sep 2016 (see r. 2(b) and *Gazette* 26 Jul 2016 p. 3145) |\n| *Health Regulations Amendment (Public Health) Regulations 2016* Pt. 34 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2017* Pt. 11 | 30 Jun 2017 p. 3568‑74 | 1 Jul 2017 (see r. 2(b)) |\n| **Reprint 3: The *Tobacco Products Control Regulations 2006* as at 13 Oct 2017** (includes amendments listed above) | | |\n| *Tobacco Products Control Amendment Regulations 2019* | 12 Mar 2019 p. 657‑665 | r. 1 and 2: 12 Mar 2019 (see r. 2(a));   r. 3-15, 16(2)-(5) and 17: 18 Mar 2019 (see r. 2(c));   r. 16(1): 18 Sep 2020 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2019* Pt. 11 | 14 Jun 2019 p. 1883‑94 | 1 Jul 2019 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2020* Pt. 8 | SL 2020/97 26 Jun 2020 | 1 Jul 2020 (see r. 2(b)) |\n| *Health Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 5 | SL 2020/168 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2021* Pt. 8 | SL 2021/108 29 Jun 2021 | 1 Jul 2021 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations 2021* | SL 2021/212 17 Dec 2021 | r. 1 and 2: 17 Dec 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 31 Dec 2021 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2022* Pt. 11 | SL 2022/136 15 Jul 2022 | 16 Jul 2022 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2023* Pt. 11 | SL 2023/96 30 Jun 2023 | 1 Jul 2023 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2024* Pt. 11 | SL 2024/91 12 Jun 2024 | 1 Jul 2024 (see r. 2(b)) |\n| *Health Regulations Amendment (Fees and Charges) Regulations 2025* Pt. 11 | SL 2025/104 25 Jun 2025 | 1 Jul 2025 (see r. 2(b)) |\n| *Tobacco Products Control Amendment Regulations 2025* | SL 2025/105 25 Jun 2025 | r. 1 and 2: 25 Jun 2025 (see r. 2(a));   Regulations other than r. 1, 2 and 5: 26 Jun 2025 (see r. 2(c));   r. 5: 1 Jul 2025 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadequate ventilation 7\n\napproved Quitline logo 30\n\nBNR Act 3\n\nBusiness Names Register 3\n\ncigar cabinet 30\n\nCommonwealth agency 58(1)\n\ncounter 30\n\ndispensing unit 30\n\nenclosed public place 7\n\nhumidified room 30\n\nliquor licensed premises 3\n\nnon-smoking zone 16A\n\nprice ticket 30\n\nrepresentative 3\n\nretailer 30\n\nretail premises 30\n\nroof 7\n\nsales place 30\n\nsection 3\n\nsnuff 57(1)\n\nspecialist retailer 3\n\nwall 3\n\nwithin the prohibited distance 15(1B)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since the 2006 inception the regulations have been expanded and tightened beyond the original, narrower focus on indoor smoking bans. Significant additions include: (a) outdoor restrictions and zone management for outdoor eating areas (Part 4A, regs 16A–16D and insertion of proximity offences reg 13A in 2019), (b) detailed retail‑level controls on display, packaging and visible stock (regs 33, 36–37 and related provisions added or amended over time), (c) specification of labelling requirements by reference to more recent Commonwealth regulations (reg 32), and (d) a broad administrative framework for licensing, record‑keeping and fees updated repeatedly (Part 5, regs 25–29). These changes moved the instrument from mainly controlling where people can smoke to also tightly regulating how tobacco products are presented, sold and tracked at retail and wholesale levels, increasing regulatory reach into commercial practices and product presentation."},"complexity_factors":["Extensive cross‑references to the parent Act (many provisions in Parts 3, 4A, 5 and 6 refer to Act sections)","Multiple external instrument references (Building Code for ventilation (reg 7); Commonwealth labelling regs for packaging (reg 32); BNR Act/Business Names Register for corporate evidence (regs 3, 18–19))","~30 defined terms listed at the end plus additional Part‑specific definitions (see \"Defined terms\" list)","Detailed, technical measurement rules for \"enclosed public place\" and \"notional vertical surface area\" requiring arithmetic assessment (regs 8–9)","Numerous conditional rules and exceptions (e.g. performer exception reg 10(3); occupier defences reg 11(2); 'only passing' defence for proximity offences reg 13A(3))","Layered retail rules with many numerical specifications (size/colour/position of signs, dimensions for tickets, limits on visible product lines and area — regs 36, 39–47, 51)","Separate regimes for categories of sellers (retailer, specialist retailer, wholesaler, indirect seller, vending machines) each with different obligations (Part 5 & Part 6)","Schedules with graphical health warnings and a long schedule of modified penalties (Schedule 2–4) and forms (Schedule 5)","Multiple amendments over time and delegation to CEO/approved officers for approvals and appointment (regs 30, 61) increasing administrative discretion"],"plain_english_summary":"**What these regulations do (mechanics first)\n\n- Define where and when smoking is prohibited in public places and near them (see regs 8–10, 13A).  Key rules: smoking is banned inside an \"enclosed public place\" (reg 10) and within 5 metres of a public entrance or 10 metres of an air‑conditioning intake for an enclosed public place (reg 13A).\n- Give occupiers (people who control premises) duties and a limited defence if they take steps to stop smoking (regs 11, 13).  Investigators may direct people to stop smoking and issue infringement notices (regs 14–15, 16D).\n- Regulate outdoor eating areas by requiring clear non‑smoking signage and separation of smoking and non‑smoking zones at licensed premises (Div. 1 of Part 4A; reg 16B).\n- Set out detailed licensing procedures for businesses that sell tobacco (Part 5): identity and corporate evidence required (regs 17–19), conditions attaching to retail licences (reg 20), register and record obligations (regs 21–24), and fees for applications/renewals (regs 25–29).\n- Prescribe detailed retail controls on sale, display and storage of tobacco and smoking implements (Part 6): what can be visible, where products must be stored relative to counters and confectionery, limits on number/area of visible product lines, special rules for \"specialist retailers\", and limits on vending machines (regs 33–37, 34, 36, 55–56).\n- Require specific signage, health warnings and information presentation standards (size, colour, wording, Quitline logo) at points of sale, on vending machines, cigar cabinets and price lists (regs 39–51, Schedules 1–3).\n- Adopt Commonwealth labelling rules for tobacco packages by reference (reg 32).\n- Prescribe offences and a schedule of modified penalties (Schedule 4, reg 60) and provide standard forms for infringement notices (Schedule 5, reg 62).\n\nWho is affected\n\n- People who smoke: prohibited from smoking in defined indoor spaces and within specified distances of entrances and AC intakes (regs 10, 13A).\n- Occupiers and responsible persons of public places and licensed premises: required to display signs, prevent smoke entry unless there is \"adequate ventilation\", and enforce non‑smoking rules; criminal penalties and defences apply (regs 11–13, 16B).\n- Retailers, specialist retailers and wholesalers: must hold licences, keep records, follow strict rules on where and how tobacco is stored and displayed, limit visible product lines, and place required signage and health warnings (Parts 5–6, regs 20, 33–37, 39–51).\n- Businesses using vending machines and airport duty‑free shops: subject to location, visibility and machine number rules (regs 55–56, definitions in reg 30).\n- Enforcement officers/CEO: given powers to appoint authorised officers, issue directions and infringement notices (regs 14–16D, 61).\n\nWhy it matters (stated purpose, then practical trade‑offs)\n\n- Stated purpose: the regulations implement the Tobacco Products Control Act by limiting exposure to tobacco smoke in public places and restricting the promotion, display and sale of tobacco products (various provisions in Parts 3, 4A, 5 and 6).\n\n- Practical trade‑offs and implementation considerations:\n  - Compliance costs and administrative burden fall mainly on retailers and licence applicants (licensing fees, record‑keeping, signage and fit‑out to meet storage/display rules: regs 20, 23–24, 25–29, 33–37).  These are concrete, recurring costs for small and specialist businesses.\n  - The retail rules restrict how products can be marketed and displayed (colour, packaging, limited visible stock and product lines — regs 33, 36(3)–(5), 37).  That changes how tobacco firms and retailers present products at point of sale and may affect inventory practices and shelf space allocation.\n  - Enforcement rests on officer discretion and measurement rules that can be technical (the tests for whether a space is an \"enclosed public place\" require calculating notional vertical surface area — regs 8–9).  That introduces room for on‑the‑ground judgement, potential disputes about measurement, and some administrative cost for businesses to verify compliance.\n  - The regulations delegate important choices to the CEO and authorised officers (appointment powers, approval of Quitline logo, issuance of infringement notices — regs 30, 61, 62).  Implementation therefore depends on administrative design (forms, guidance, approval processes).\n  - The regulations cross‑refer to other instruments (Building Code for \"adequate ventilation\" — reg 7; Commonwealth labelling regulations for packaging — reg 32), so obligations may change as those external instruments change.  Businesses must track multiple sources for compliance.\n  - Penalties and modified penalties provide an enforcement pathway short of prosecution; many offences attract an infringement amount (Schedule 4, reg 60).  That creates a trade‑off between administrative enforcement and court action.\n\nConcrete behavioural effects (who pays, who decides, what changes)\n\n- Who pays: retailers and wholesalers pay fees, signage/fit‑out and ongoing compliance costs; individuals who breach rules face fines (regs 10, 11, 13A and Schedule 4).  The administering authority bears enforcement costs (investigators, issuing notices).\n- Who decides: the CEO and authorised officers exercise regulatory discretion (approvals, appointments, directions — regs 15, 61).  Investigators decide when to issue directions or infringement notices (regs 14–16D).\n- Behaviour changes required: no smoking in enclosed public places and within specified distances (regs 10, 13A); specific store layout and display limitations (regs 33–37); mandatory signage and health warnings (regs 12, 16B, 39–51); licensing and record‑keeping obligations (Part 5).\n\nPotential risks, substitution effects and observable implementation frictions\n\n- Substitution: tighter in‑store display rules can shift tobacco retailers toward less visible storage (dispensing units, behind counters) or increase reliance on vending and specialist channels where rules differ (regs 30, 33, 55–56).\n- Measurement disputes: whether an area is \"enclosed\" requires measurement of vertical surface area and notional vertical surface area (regs 8–9).  This is technically precise and may require assessors or guidance to apply consistently.\n- Administrative update risk: key obligations reference external instruments (Building Code, Commonwealth labelling regs).  Changes to those instruments can expand or change compliance obligations without amending these regulations directly (regs 7, 32).\n- Concentrated vs diffuse costs: the financial and compliance costs concentrate on retailers, wholesalers and licensed premises; the benefits claimed (reduced exposure and reduced promotion) are dispersed among the public.  The regulations create ongoing monitoring and record‑keeping demands (regs 23–24).\n\nSelect important sections for quick reference\n\n- Smoking bans and distances: regs 10, 13, 13A.\n- Enclosed public place definition and measurement: regs 7–9.\n- Investigators' powers and duties: regs 14–16D.\n- Retail display and storage rules: regs 33–37.\n- Signage and health warnings: regs 12, 16B, 39–51; Schedules 1–3 show required signs.\n- Licensing, evidence and fees: Parts 5 and regs 17–29.\n- Labelling by reference to Commonwealth rules: reg 32.\n- Offences and modified penalties: Schedule 4 and reg 60.\n\nThis summary describes what the regulations require and the main operational consequences. It does not assess the public health merits but identifies who bears costs, what choices are constrained, and where implementation or interpretation is likely to matter most (measurement of enclosed spaces, delegated approvals, cross‑instrument dependencies)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative text was available for analysis. Only a website error message was provided indicating the page has moved due to system upgrades."},"complexity_factors":["No legislative content was retrievable — only an error/redirect page was provided","Cannot assess complexity of the actual regulations without access to the text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Tobacco Products Control Regulations 2006* (Western Australia) is no longer available at the requested URL. The Western Australian Parliamentary Counsel's Office website has undergone system upgrades that have broken or changed this link.\n\n**What this means for you:**\n- The actual rules and requirements of these regulations **cannot be analysed** from this source.\n- If you need this legislation, visit the [Parliamentary Counsel's Office website](https://www.legislation.wa.gov.au) directly and search for the *Tobacco Products Control Regulations 2006*.\n- You can also contact the Parliamentary Counsel's Office Helpdesk for assistance locating the current version."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond the original 2006 scope. Originally focused on enclosed public places and basic retail controls, the instrument has grown to include: outdoor eating area smoking controls (Part 4A, inserted 2010), expanded licensing divisions with detailed application procedures (Part 5, inserted 2007), comprehensive point-of-sale display restrictions (Part 6 Divisions 4-7, expanded 2010), and proximity-based smoking bans near entrances (regulation 13A, inserted 2019). The original Part 2 was deleted entirely in 2007, and the fee structures have been repeatedly updated through amendment regulations, indicating the legislation has evolved from a simple procedural instrument into a comprehensive regulatory framework."},"complexity_factors":["Extensive cross-referencing to the parent Tobacco Products Control Act 2006 (sections referenced throughout without full context)","Multiple mathematical/geometric calculations required to determine 'enclosed public place' status (regulations 8-9: wall surface area percentages, notional vertical surface area calculations)","Nested conditional logic for display requirements — different rules apply for specialist retailers vs general retailers vs liquor licensed premises (regulations 34, 36, 37)","Detailed technical specifications for signage — exact measurements in millimetres, specific colour schemes, font heights, and positioning requirements (regulations 40-51)","19 defined terms in the interpretation section, plus additional Part-specific definitions","Multiple overlapping offence provisions with different penalty levels ($200-$2,000 fines)","Complex licensing application requirements with different documentary evidence required for individuals, partnerships, and body corporates (regulations 17-21)","Frequent amendments (20+ amendment instruments) creating a fragmented legislative history with deleted and inserted provisions","Schedules containing graphic/image-based requirements (warning signs) that cannot be fully interpreted from text alone","Exceptions to exceptions (e.g., regulation 12(3) exemption for restaurant licences; regulation 10(3) performance exemption for actors)"],"plain_english_summary":"This legislation is the **Tobacco Products Control Regulations 2006** (Western Australia), which sets out detailed rules for how tobacco can be sold, displayed, and used in WA.\n\n**What it does:**\n- **Bans smoking** in enclosed public places (like shopping centres, restaurants, and pubs) and within 5 metres of public entrances or 10 metres of air conditioning intakes.\n- **Regulates outdoor smoking** in eating areas, requiring \"no smoking\" signs and clear separation between smoking and non-smoking zones at licensed venues.\n- **Controls retail sales** through a licensing system for retailers, wholesalers, and indirect sellers, including fees, record-keeping, and proof-of-age requirements.\n- **Restricts how tobacco is displayed** in shops — products must be kept behind counters or above 1.7m height, away from children's products, with strict limits on signage, pricing displays, and packaging visibility.\n- **Mandates health warnings** — specific signs must be displayed at point of sale and on vending machines.\n- **Bans smokeless tobacco** (snuff) unless prepared for nasal use.\n- **Sets up enforcement** through investigators who can issue directions and infringement notices for offences.\n\n**Who it affects:**\n- Smokers (restrictions on where they can smoke)\n- Business owners/occupiers of public places (duty to prevent smoking and display signs)\n- Tobacco retailers, wholesalers, and vending machine operators (licensing and display rules)\n- Licensed venues like pubs and restaurants (outdoor smoking area rules)\n\n**Why it matters:**\nThese rules aim to reduce public exposure to second-hand smoke, prevent youth access to tobacco, and limit the visibility and marketing of tobacco products to de-normalise smoking in the community."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/tobacco-products-control-regulations-2006","history":"/api/acts/tobacco-products-control-regulations-2006/history","analysis":"/api/acts/tobacco-products-control-regulations-2006/analysis","conflicts":"/api/acts/tobacco-products-control-regulations-2006/conflicts","importantCases":"/api/acts/tobacco-products-control-regulations-2006/important-cases","documents":"/api/acts/tobacco-products-control-regulations-2006/documents"}}