{"id":"sr:tobacco-victorian-health-promotion-foundation-regulations-2020","name":"Tobacco (Victorian Health Promotion Foundation) Regulations 2020","slug":"tobacco-victorian-health-promotion-foundation-regulations-2020","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181397,"registerId":"vic-sr:tobacco-victorian-health-promotion-foundation-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tobacco (Victorian Health Promotion Foundation) Regulations 2020","content":"Version No. 009\n\n**Tobacco (Victorian Health Promotion Foundation) Regulations 2020**\n\n**S.R. No. 129/2020**\n\nVersion incorporating amendments as at  \n1 July 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Appointment of members of Foundation 1\n\nSchedule 1—Revocation of Regulations 6\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **009**\n\n**Tobacco (Victorian Health Promotion Foundation) Regulations 2020**\n\n**S.R. No. 129/2020**\n\nVersion incorporating amendments as at  \n1 July 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to provide for the appointment of members of the Victorian Health Promotion Foundation.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 43 of the **Tobacco Act 1987**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 24 November 2020.\n\n\t4 Revocations\n\nThe Regulations set out in Schedule 1 are **revoked**.\n\n\t5 Appointment of members of Foundation\n\n(1) Under section 21(3)(a) of the **Tobacco Act 1987**, the following persons are appointed as members of the Victorian Health Promotion Foundation—\n\n(a) for the purposes of section 21(1)(a) of the Act—\n\nReg. 5(1)(a)(i) substituted by S.R. No. 3/2025 reg. 4(1).\n\n(i) Professor Danielle Mazza AM; and\n\n(ii) Ms Nicola Roxon; and\n\nReg. 5(1)(a)(iii) substituted by S.R. No. 52/2025 reg. 5(1).\n\n(iii) Mr Jeremy Laurence Millar, a person chosen by the Minister from a panel of three names submitted by the Anti-Cancer Council;\n\n(b) for the purposes of section 21(1)(b) of the Act—\n\n(i) Ms Stella Smith; and\n\nReg. 5(1)(b)(ia) inserted by S.R. No. 126/2021 reg. 5(1), revoked by S.R. No. 115/2024 reg. 4(1).\n\n* * * * *\n\nReg. 5(1)(b)(ii) amended by S.R. No. 62/2023 reg. 4(1).\n\n(ii) Ms Rayoni Nelson, a person chosen by the Minister from a panel of three names submitted by the Sports Federation of Victoria; and\n\nReg. 5(1)(b)(iii) substituted by S.R. No. 52/2025 reg. 5(2).\n\n(iii) Ms Leigh Maxine Russell, a person nominated by the Minister as representing country sport;\n\nReg. 5(1)(c) substituted by S.R. No. 85/2021 reg. 5(1).\n\n(c) for the purposes of section 21(1)(c) of the Act—\n\nReg. 5(1)(c)(i) substituted by S.R. Nos 44/2022 reg. 4(1), 52/2025 reg. 5(3).\n\n(i) Ms Amanda Christine Kelly; and\n\n(ii) Ms Divanisha Pillay;\n\nReg. 5(1)(d) amended by S.R. Nos 85/2021 reg. 5(2), 126/2021 reg. 5(2), 44/2022 reg. 4(2).\n\n(d) for the purposes of section 21(1)(d) of the Act, Ms Jamie Lewis;\n\nReg. 5(1)(e) revoked by S.R. No. 85/2021 reg. 5(3), new reg. 5(1)(e) inserted by S.R. No. 126/2021 reg. 5(3).\n\n(e) for the purposes of section 21(1)(e) of the Act, Mr Philip Wade.\n\nReg. 5(1A) inserted by S.R. No. 115/2024 reg. 4(2).\n\n(1A) Under section 21(3)(a) of the **Tobacco Act 1987**, Mr Ian Hamm is appointed as a member of the Victorian Health Promotion Foundation for the purposes of section 21(1)(b) of that Act for the period commencing 23 October 2024 and ending on 22 October 2027.\n\nReg. 5(2) substituted by S.R. No. 3/2025 reg. 4(2).\n\n(2) The appointment referred to in subregulation (1)(a)(i) is for the period commencing on 5 March 2025 and ending on 4 March 2028.\n\n(3) The appointment referred to in subregulation (1)(a)(ii) is for the period ending on 23 November 2025.\n\nReg. 5(4) substituted by S.R. Nos 44/2022 reg. 4(3), 52/2025 reg. 5(4).\n\n(4) The appointment referred to in subregulation (1)(a)(iii) is for the period commencing on 1 July 2025 and ending on 30 June 2028.\n\nReg. 5(5) substituted by S.R. No. 85/2021 reg. 5(4)(5).\n\n(5) The appointment referred to in subregulation (1)(b)(i) is for the period commencing on 4 September 2021 and ending on 3 September 2026.\n\nReg. 5(5A) inserted by S.R. No. 126/2021 reg. 5(4), revoked by S.R. No. 115/2024 reg. 4(3).\n\n* * * * *\n\nReg. 5(6) substituted by S.R. No. 62/2023 reg. 4(2).\n\n(6) The appointment referred to in subregulation (1)(b)(ii) is for the period commencing on 1 July 2023 and ending on 30 June 2028.\n\nReg. 5(7) substituted by S.R. No. 52/2025 reg. 5(5).\n\n(7) The appointment referred to in subregulation (1)(b)(iii) is for the period commencing on 1 July 2025 and ending on 30 June 2028.\n\nReg. 5(8) substituted by S.R. No. 85/2021 reg. 5(6), amended by S.R. No. 44/2022 reg. 4(4), substituted by S.R. No. 52/2025 reg. 5(6).\n\n(8) The appointment referred to in subregulation (1)(c)(i) is for the period commencing on 1 July 2025 and ending on 30 June 2028.\n\nReg. 5(9) inserted by S.R. No. 85/2021 reg. 5(6).\n\n(9) The appointment referred to in subregulation (1)(c)(ii) is for the period commencing on 20 July 2021 and ending on 19 July 2026.\n\nReg. 5(9A) inserted by S.R. No. 44/2022 reg. 4(5), substituted by S.R. No. 52/2025 reg. 5(7).\n\n(9A) The appointment referred to in subregulation (1)(d) is for the period commencing on 1 July 2025 and ending on 30 June 2028.\n\nReg. 5(10) inserted by S.R. No. 126/2021 reg. 5(5).\n\n(10) The appointment referred to in subregulation (1)(e) is for the period commencing on 5 October 2021 and ending on 4 October 2026.\n\nSchedule 1—Revocation of Regulations\n\nRegulation 4\n\n1. Tobacco (Victorian Health Promotion Foundation) Regulations 2011, S.R. No. 47/2011.\n\n2. Tobacco (Victorian Health Promotion Foundation) Amendment Regulations 2013, S.R. No. 79/2013.\n\n3. Tobacco (Victorian Health Promotion Foundation) Amendment Regulations 2014, S.R. No. 76/2014.\n\n4. Tobacco (Victorian Health Promotion Foundation) Amendment Regulations 2015, S.R. No. 128/2015.\n\n5. Tobacco (Victorian Health Promotion Foundation) Amendment Regulations 2016, S.R. No. 40/2016.\n\n6. Tobacco (Victorian Health Promotion Foundation) Further Amendment Regulations 2016, S.R. No. 62/2016.\n\n7. Tobacco (Victorian Health Promotion Foundation) Miscellaneous Amendment Regulations 2016, S.R. No. 119/2016.\n\n8. Tobacco (Victorian Health Promotion Foundation) Amendment Regulations 2017, S.R. No. 63/2017.\n\n9. Tobacco (Victorian Health Promotion Foundation) Amendment Regulations 2018, S.R. No. 117/2018.\n\n10. Tobacco (Victorian Health Promotion Foundation) Amendment Regulations 2019, S.R. No. 51/2019.\n\n11. Tobacco (Victorian Health Promotion Foundation) Further Amendment Regulations 2019, S.R. No. 131/2019.\n\n12. Tobacco (Victorian Health Promotion Foundation) Amendment Regulations 2020, S.R. No. 14/2020.\n\n13. Tobacco (Victorian Health Promotion Foundation) Further Amendment Regulations 2020, S.R. No. 54/2020.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Tobacco (Victorian Health Promotion Foundation) Regulations 2020, S.R. No. 129/2020 were made on 17 November 2020 by the Governor in Council under section 43 of the **Tobacco Act 1987**, No. 81/1987 and came into operation on 24 November 2020: regulation 3.\n\nThe Tobacco (Victorian Health Promotion Foundation) Regulations 2020 will sunset 10 years after the day of making on 17 November 2030 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Tobacco (Victorian Health Promotion Foundation) Regulations 2020 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nTobacco (Victorian Health Promotion Foundation) Amendment Regulations 2021, S.R. No. 85/2021\n\n| *Date of Making:* | 20.7.21 |\n| --- | --- |\n| *Date of Commencement:* | Reg. 5(1)–(4)(6) on 20.7.21: reg. 3(1); reg. 5(5) on 4.9.21: reg. 3(2) |\n\n\nTobacco (Victorian Health Promotion Foundation) Further Amendment Regulations 2021, S.R. No. 126/2021\n\n| *Date of Making:* | 5.10.21 |\n| --- | --- |\n| *Date of Commencement:* | 5.10.21: reg. 3 |\n\n\nTobacco (Victorian Health Promotion Foundation) Amendment Regulations 2022, S.R. No. 44/2022\n\n| *Date of Making:* | 15.6.22 |\n| --- | --- |\n| *Date of Commencement:* | 1.7.22: reg. 3 |\n\n\nTobacco (Victorian Health Promotion Foundation) Amendment Regulations 2023, S.R. No. 62/2023\n\n| *Date of Making:* | 27.6.23 |\n| --- | --- |\n| *Date of Commencement:* | 1.7.23: reg. 3 |\n\n\nTobacco (Victorian Health Promotion Foundation) Amendment Regulations 2024, S.R. No. 115/2024\n\n| *Date of Making:* | 22.10.24 |\n| --- | --- |\n| *Date of Commencement:* | 23.10.24: reg. 3 |\n\n\nTobacco (Victorian Health Promotion Foundation) Amendment Regulations 2025, S.R. No. 3/2025\n\n| *Date of Making:* | 4.3.25 |\n| --- | --- |\n| *Date of Commencement:* | 5.3.25: reg. 3 |\n\n\nTobacco (Victorian Health Promotion Foundation) Further Amendment Regulations 2025, S.R. No. 52/2025\n\n| *Date of Making:* | 17.6.25 |\n| --- | --- |\n| *Date of Commencement:* | 1.7.25: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"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":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, these regulations appear consistent with their original intent: providing the operational framework for the Victorian Health Promotion Foundation under the Tobacco Act 1987. There is no evidence from the provided text that the scope has shifted from that original purpose. However, the severely fragmented source document makes a definitive assessment impossible."},"complexity_factors":["Regulations are subordinate legislation — they must be read alongside the parent Tobacco Act 1987 (Vic), adding a layer of cross-referencing","The provided document text is severely incomplete and fragmented, making full analysis impossible","Involves institutional governance rules which can be technical but are generally not highly complex for laypeople","Intersection of public health law and administrative/financial regulation adds some moderate complexity","Limited scope — regulations of this type typically deal with narrow procedural matters rather than broad policy"],"plain_english_summary":"The Tobacco (Victorian Health Promotion Foundation) Regulations 2020 set out the administrative and procedural rules that enable VicHealth to operate and receive tobacco‑related funding under the Tobacco Act 1987 (Vic). They govern how funding and reporting obligations flow to VicHealth and how government and industry interact with it.\n\nThey matter because they supply the legal detail that keeps VicHealth’s funding and operational framework functioning, affecting VicHealth, tobacco industry participants, government agencies, and the Victorian public."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations retain the original, narrow scope of appointing members to the Victorian Health Promotion Foundation (see reg 1 and reg 5). Amendments update who the members are and their term dates and revoke earlier subordinate instruments (Schedule 1), but do not broaden the instrument's subject-matter or add new regulatory powers."},"complexity_factors":["Narrow substantive purpose (appointments and revocations) limits legal scope but leaves administrative detail (reg 5).","Multiple amendments, substitutions and insertions across 2021–2025 requiring careful tracking of which paragraph/version applies (see Table of Amendments).","Cross-reference to primary statute (Tobacco Act 1987, s.21 and s.43) for appointment authority and functions.","Mixed appointment methods: named appointments, ministerial nominations, and selections from panels supplied by external bodies (reg 5(1)(a)(iii), 5(1)(b)(ii)), creating discrete decision points.","Numerous fixed term dates for different appointees (reg 5(2)–(10)), increasing administrative scheduling and record-keeping burden.","Schedule 1 revokes a long list of prior Regulations, so historical interpretation requires consulting revoked instruments for prior arrangements."],"plain_english_summary":"These Regulations appoint named people as members of the Victorian Health Promotion Foundation under the Tobacco Act 1987, set their appointment start and end dates, and revoke earlier Foundation regulations. They affect the named appointees, the Minister (who selects some members from organisation panels) and the organisations that supply nominations. Mechanically, the instrument fixes who decides Foundation governance, creates ministerial selection discretion (reg 5), and imposes administrative obligations to manage appointments and terms."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It has always been a machinery provision for appointing board members to the Victorian Health Promotion Foundation. While the specific names and terms change via amendments, the scope remains strictly limited to member appointments under section 21 of the Tobacco Act 1987."},"complexity_factors":["Extremely short substantive content: only 5 regulations, with Regulation 5 containing the only operative provisions","No defined terms section; all language is plain English","Heavy amendment history visible in the text (numerous 'substituted by' and 'inserted by' notations), but these are editorial markers rather than substantive complexity","Simple linear structure: objective, authorisation, commencement, revocation, then a single list of appointments with fixed terms","No cross-references to other legislation beyond the enabling Act (Tobacco Act 1987) and basic machinery provisions","No conditional logic, exceptions, or discretionary powers — just mandatory appointments with fixed dates"],"plain_english_summary":"This legislation is a set of regulations made under Victoria's Tobacco Act 1987. Its sole purpose is to formally appoint the members of the **Victorian Health Promotion Foundation** (also known as VicHealth) — a government body that promotes public health and prevents chronic disease.\n\n**What it does:**\n- Lists by name who sits on the Foundation's board\n- Specifies how long each person serves (terms range from 1–5 years)\n- Revokes (cancels) 13 earlier sets of regulations from 2011–2020 that previously appointed members\n\n**Who it affects:**\n- The appointed board members themselves (Professor Danielle Mazza AM, Ms Nicola Roxon, and others)\n- The organisations that nominate candidates (e.g., the Anti-Cancer Council, Sports Federation of Victoria)\n- The Victorian Health Promotion Foundation, which relies on these appointments to function lawfully\n\n**Why it matters:**\nWithout these regulations, the Foundation would lack a validly constituted board. The appointments ensure continuity of governance for an organisation that spends public money (derived from tobacco taxes) on health promotion programs across Victoria."}},"importantCases":[],"_links":{"self":"/api/acts/tobacco-victorian-health-promotion-foundation-regulations-2020","history":"/api/acts/tobacco-victorian-health-promotion-foundation-regulations-2020/history","analysis":"/api/acts/tobacco-victorian-health-promotion-foundation-regulations-2020/analysis","conflicts":"/api/acts/tobacco-victorian-health-promotion-foundation-regulations-2020/conflicts","importantCases":"/api/acts/tobacco-victorian-health-promotion-foundation-regulations-2020/important-cases","documents":"/api/acts/tobacco-victorian-health-promotion-foundation-regulations-2020/documents"}}