Public Health Amendment (Prohibited Tobacco and Other Products) Bill 2026
[Bill 8]-VI
TASMANIA
PUBLIC HEALTH AMENDMENT (PROHIBITED
TOBACCO AND OTHER PRODUCTS) BILL 2026
CONTENTS
Short title
Commencement
Principal Act
Section 3 amended (Interpretation)
Section 30A substituted
30A. Powers of nominated officers
Section 64 amended (Sale to children)
Part 4, Division 2: Heading amended
Section 69B inserted
69B. Sale of smoking product by vending machine
prohibited
Section 70A inserted
70A. Display of smoking paraphernalia prohibited
Section 71 amended (Restrictions on holding smoking products,
&c., in specialist tobacconist premises and general retail
premises)
Section 73 amended (Packaging of smoking products)
Section 74A amended (Licence to sell smoking products)
Section 74J amended (Register of smoking product licences)
Part 4, Divisions 3A and 3B inserted
Division 3A – Prohibited tobacco and other products
74LB. Interpretation
2
74LC. Non-application of Division
74LD. Persons must not sell or supply prohibited smoking
products
74LE. Person must not advertise or display prohibited
smoking products
Division 3B – Closure of certain premises
74LF. Interpretation
74LG. Short-term premises closure order
74LH. Appeal Tribunal may order closure of premises
74LI. Offences relating to closed premises
74LJ. Secretary to publish certain information
15. Section 154 amended (Offences against authorised officers)
16. Repeal of Act
[Bill 8] 3
PUBLIC HEALTH AMENDMENT (PROHIBITED
TOBACCO AND OTHER PRODUCTS) BILL 2026
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
LAURA ROSS, Clerk of the House
16 April 2026
(Brought in by the Minister for Health, Mental Health and
Wellbeing, the Honourable Bridget Kathleen Archer)
A BILL FOR
An Act to amend the Public Health Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
Short title
This Act may be cited as the Public Health
Amendment (Prohibited Tobacco and Other
Products) Act 2026.
Commencement
This Act commences on a day to be proclaimed.
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 3
4
3. Principal Act
In this Act, the Public Health Act 1997* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of electronic
dispensing unit and substituting the
following definition:
electronic dispensing unit means a
machine that is designed to
dispense smoking products and
be operated by means of an
electronic keypad, whether or not,
at a given time, the machine is in
working order;
(b) by omitting the definition of vending
machine and substituting the following
definition:
vending machine means a machine,
other than an electronic
dispensing unit, that is designed
to dispense smoking products,
whether or not, at a given time,
the machine is in working order;
*No. 86 of 1997
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 5
5
5. Section 30A substituted
Section 30A of the Principal Act is repealed and
the following section is substituted:
30A. Powers of nominated officers
A nominated officer has the following
powers:
(a) the powers of an authorised
officer specified in section 36, as
if the nominated officer were an
authorised officer;
(b) such other powers of an
authorised officer, specified in
Division 5 of Part 2, as are
authorised by the Director, as if
the nominated officer were an
authorised officer.
6. Section 64 amended (Sale to children)
Section 64 of the Principal Act is amended as
follows:
(a) by omitting the penalty from subsection
(1) and substituting the following
penalty:
Penalty: Fine not exceeding –
(a) for a first offence, 200
penalty units; and
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
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6
(b) for a second offence, 400
penalty units; and
(c) for a third and subsequent
offence, 800 penalty
units.
(b) by omitting the penalty from subsection
(2) and substituting the following
penalty:
Penalty: Fine not exceeding –
(a) for a first offence, 200
penalty units; and
(b) for a second offence, 400
penalty units; and
(c) for a third and subsequent
offence, 800 penalty
units.
(c) by omitting the penalty from subsection
(3) and substituting the following
penalty:
Penalty: Fine not exceeding –
(a) for a first offence, 200
penalty units; and
(b) for a second offence, 400
penalty units; and
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 7
7
(c) for a third and subsequent
offence, 800 penalty
units.
7. Part 4, Division 2: Heading amended
Division 2 of Part 4 of the Principal Act is
amended by omitting “Display, advertising,
packaging, &c.” from the heading to that
Division and substituting “Display, sale,
advertising, packaging, &c.”.
8. Section 69B inserted
After section 69A of the Principal Act, the
following section is inserted in Division 2:
69B. Sale of smoking product by vending machine
prohibited
(1) A person must not sell smoking products
by means of a vending machine.
Penalty: Fine not exceeding 250 penalty
units.
(2) A person must not cause or allow a
vending machine to be located in
premises owned or operated by the
person.
Penalty: Fine not exceeding 50 penalty
units.
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 9
8
9. Section 70A inserted
After section 70 of the Principal Act, the
following section is inserted in Division 2:
70A. Display of smoking paraphernalia
prohibited
(1) In this section –
inhalable substance includes –
(a) a smoking product; and
(b) a controlled drug, and a
controlled plant, within
the meaning of the Misuse
of Drugs Act 2001; and
(c) a herb, or other chemical
or plant matter, that is
intended for smoking;
smoking paraphernalia includes a
utensil, appliance, device and
other thing, including, but not
limited to, a hookah and a bong,
that is –
(a) designed or used, or
intended to be used, in
connection with the
preparation, smoking,
inhalation, administration
or taking of an inhalable
substance; or
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 10
9
(b) intended, after some
adjustment, addition or
other modification, to be
used in connection with
the preparation, smoking,
inhalation, administration
or taking of an inhalable
substance; or
(c) a utensil, appliance or
other thing that, if
possessed by a person,
would constitute an
offence under section 23
of the Misuse of Drugs
Act 2001.
(2) A person must not display smoking
paraphernalia, in retail premises or
outside those premises, so that it can be
seen in or from a public place.
Penalty: Fine not exceeding 100 penalty
units.
10. Section 71 amended (Restrictions on holding
smoking products, &c., in specialist tobacconist
premises and general retail premises)
Section 71 of the Principal Act is amended as
follows:
(a) by omitting subsections (5), (6) and (7);
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
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10
(b) by omitting the definition of electronic
dispensing unit from subsection (10);
(c) by omitting “access;” from paragraph (b)
of the definition of service area in
subsection (10) and substituting
“access.”;
(d) by omitting the definition of vending
machine from subsection (10).
11. Section 73 amended (Packaging of smoking
products)
Section 73 of the Principal Act is amended by
omitting the penalty and substituting the
following penalty:
Penalty: In the case of –
(a) a body corporate –
(i) for a first offence, a fine
not exceeding 400 penalty
units; and
(ii) for a second offence, a
fine not exceeding 800
penalty units; and
(iii) for a third and subsequent
offence, a fine not
exceeding 16 000 penalty
units; or
(b) a natural person –
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 12
11
(i) for a first offence, a fine
not exceeding 200 penalty
units; and
(ii) for a second offence, a
fine not exceeding 400
penalty units; and
(iii) for a third and subsequent
offence, a fine not
exceeding 800 penalty
units.
12. Section 74A amended (Licence to sell smoking
products)
Section 74A(1) of the Principal Act is amended
by omitting the penalty and substituting the
following penalty:
Penalty: In the case of –
(a) a body corporate, a fine not
exceeding 400 penalty units for a
first offence and 1 600 penalty
units for a subsequent offence; or
(b) a natural person, a fine not
exceeding 200 penalty units for a
first offence and 800 penalty
units for a subsequent offence.
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 13
12
13. Section 74J amended (Register of smoking product
licences)
Section 74J of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) The register, other than the addresses of
holders of smoking product licences, is to
be made freely available by publishing
the register on the website maintained by,
or on behalf of, the Department.
14. Part 4, Divisions 3A and 3B inserted
After section 74LA of the Principal Act, the
following Divisions are inserted in Part 4:
Division 3A – Prohibited tobacco and other products
74LB. Interpretation
In this Division –
prohibited nicotine product includes
products that contain nicotine –
(a) if –
(i) the product
encloses the
nicotine in
packaging or is
packaging that is
coated, or
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
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otherwise treated,
with nicotine; and
(ii) all, or part, of the
packaging is
designed to be
placed in the
mouth and the
packaging is not
designed to be
ingested; and
(iii) the nicotine is
designed to be
absorbed, via the
membranes in the
mouth, from or
through the
packaging; and
(iv) the product has
not been obtained
and administered
in accordance with
the Poisons Act
1971; or
(b) that are prescribed as
prohibited nicotine
products;
prohibited personal vaporiser product
includes personal vaporiser
products that –
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 14
14
(a) are prohibited goods
within the meaning of the
Customs Act 1901 of the
Commonwealth; or
(b) are excisable goods,
within the meaning of the
Excise Act 1901 of the
Commonwealth, if duty is
due and owing in respect
of the products; or
(c) are prescribed as
prohibited personal
vaporiser products;
prohibited smoking product
includes –
(a) prohibited tobacco
products; and
(b) prohibited personal
vaporiser products; and
(c) prohibited nicotine
products; and
(d) other products and items
that are prescribed as
prohibited smoking
products;
prohibited tobacco product includes
tobacco products that –
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 14
15
(a) fail to comply with the
Public Health (Tobacco
and Other Products) Act
2023 of the
Commonwealth; or
(b) are prohibited goods
within the meaning of the
Customs Act 1901 of the
Commonwealth; or
(c) are excisable goods,
within the meaning of the
Excise Act 1901 of the
Commonwealth, if duty is
due and owing in respect
of the products; or
(d) are prescribed as
prohibited tobacco
products.
74LC. Non-application of Division
For the avoidance of doubt, this Division
does not apply to smoking products if
those products –
(a) are in the possession of a person
who –
(i) is authorised under the
Poisons Act 1971 to
possess or supply the
products; or
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 14
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(ii) has been supplied
lawfully with the product
under the Poisons Act
1971; or
(b) are in the possession of a person
who –
(i) is authorised under a law
of the Commonwealth or
a State or Territory to
possess or supply the
products; or
(ii) has been supplied
lawfully with the product
under a law of the
Commonwealth or a State
or Territory; or
(c) have been seized, forfeited,
retained, confiscated or otherwise
withheld lawfully by the State or
the Commonwealth; or
(d) are prescribed as products to
which this Division does not
apply.
74LD. Persons must not sell or supply prohibited
smoking products
(1) A person must not, without lawful
excuse, possess a prohibited smoking
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Products) Act 2026
Act No. of 2026
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product that the person intends to supply
to another person.
Penalty: In the case of –
(a) a body corporate –
(i) for a first offence,
a fine not
exceeding 400
penalty units; and
(ii) for a second
offence, a fine not
exceeding 800
penalty units; and
(iii) for a third and
subsequent
offence, a fine not
exceeding 16 000
penalty units; or
(b) a natural person –
(i) for a first offence,
a fine not
exceeding 200
penalty units; and
(ii) for a second
offence, a fine not
exceeding 400
penalty units; and
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 14
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(iii) for a third and
subsequent
offence, a fine not
exceeding 800
penalty units.
(2) A person must not, without lawful
excuse –
(a) sell or supply a prohibited
smoking product; or
(b) offer to supply a prohibited
smoking product.
Penalty: In the case of –
(a) a body corporate –
(i) for a first offence,
a fine not
exceeding 400
penalty units; and
(ii) for a second
offence, a fine not
exceeding 800
penalty units; and
(iii) for a third and
subsequent
offence, a fine not
exceeding 16 000
penalty units; or
(b) a natural person –
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 14
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(i) for a first offence,
a fine not
exceeding 200
penalty units; and
(ii) for a second
offence, a fine not
exceeding 400
penalty units; and
(iii) for a third and
subsequent
offence, a fine not
exceeding 800
penalty units.
74LE. Person must not advertise or display
prohibited smoking products
(1) A person must not, without lawful
excuse, offer to sell –
(a) a prohibited smoking product; or
(b) a product that purports to be a
prohibited smoking product.
Penalty: In the case of –
(a) a body corporate –
(i) for a first offence,
a fine not
exceeding 400
penalty units; and
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 14
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(ii) for a second
offence, a fine not
exceeding 800
penalty units; and
(iii) for a third and
subsequent
offence, a fine not
exceeding 16 000
penalty units; or
(b) a natural person –
(i) for a first offence,
a fine not
exceeding 200
penalty units; and
(ii) for a second
offence, a fine not
exceeding 400
penalty units; and
(iii) for a third and
subsequent
offence, a fine not
exceeding 800
penalty units.
(2) For the avoidance of doubt,
subsection (1) applies to an offer to sell,
regardless of whether –
(a) the offer is made in person or by
electronic means including, but
not limited to, telephone, email,
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
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online, on a website or other
means; or
(b) the offer is expressed or implied.
(3) A person must not display a prohibited
smoking product, or a product that
purports to be a prohibited smoking
product, in retail premises.
Penalty: In the case of –
(a) a body corporate –
(i) for a first offence,
a fine not
exceeding 400
penalty units; and
(ii) for a second
offence, a fine not
exceeding 800
penalty units; and
(iii) for a third and
subsequent
offence, a fine not
exceeding 16 000
penalty units; or
(b) a natural person –
(i) for a first offence,
a fine not
exceeding 200
penalty units; and
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 14
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(ii) for a second
offence, a fine not
exceeding 400
penalty units; and
(iii) for a third and
subsequent
offence, a fine not
exceeding 800
penalty units.
Division 3B – Closure of certain premises
74LF. Interpretation
In this Division –
closed premises means premises in
respect of which a premises
closure order is in effect;
premises closure order includes –
(a) a short-term premises
closure order; and
(b) an order of the Appeal
Tribunal made under
section 74LH(3);
prohibited smoking product has the
same meaning as in Division 3A;
Secretary means Secretary of the
Department;
Public Health Amendment (Prohibited Tobacco and Other
Products) Act 2026
Act No. of 2026
s. 14
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short-term premises closure order
means an order made under
section 74LG(1).
74LG. Short-term premises closure order
(1) The Secretary may order that premises
specified in the order be closed if the
Secretary reasonably suspects that –
(a) smoking products are being, or
are likely to be, sold at the
premises otherwise than in
accordance with this Act; or
(b) prohibited smoking products are
being, or are likely to be, sold at
the premises.
(2) An order under subsection (1) –
(a) is to –
(i) be in writing; and
(ii) state the premises to
which it relates; and
(iii) specify the day on which
the order takes effect; and
(b) may be subject to such conditions
as the Secretary considers
reasonable in the circumstances;
and