retrieval-0002Document excerpt 2

Public Health Amendment (Prohibited Tobacco and Other Products) Act 2026 Act No. of 2026 s. 14 24 (c) may be made, whether or not a short-term premises closure order is in effect, or has recently been in effect, in respect of the premises. (3) Despite subsection (2)(c), no more than 2 short-term premises closure orders may be made in respect of the same premises in a single calendar year. (4) Before a short-term premises closure order takes effect in respect of premises, a copy of the order must be – (a) given to the owner, or occupier, of the premises; or (b) affixed to a conspicuous part of the premises. (5) A short-term premises closure order has effect for a period of 90 days commencing from the day specified in the order as the day on which the order takes effect, unless sooner cancelled by the Secretary. (6) Section 165 does not apply to a decision of the Secretary to make or revoke a short-term premises closure order.

Public Health Amendment (Prohibited Tobacco and Other Products) Act 2026 Act No. of 2026 s. 14 25 74LH. Appeal Tribunal may order closure of premises (1) The Minister may apply to the Appeal Tribunal for an order to be made to close premises specified in the order. (2) For the avoidance of doubt, the operator of premises that are the subject of an application, under subsection (1), is a party to any proceedings in respect of the application. (3) After considering an application under subsection (1) in respect of premises, the Appeal Tribunal may make an order to close the premises if the Appeal Tribunal is satisfied 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. (4) An order of the Appeal Tribunal under subsection (3) in respect of premises – (a) may order that the premises be closed for a period not exceeding 12 months; and

Public Health Amendment (Prohibited Tobacco and Other Products) Act 2026 Act No. of 2026 s. 14 26 (b) may specify steps that may be taken for the order to be revoked; and (c) may be subject to such conditions as the Appeal Tribunal considers appropriate in the circumstances; and (d) may be made, whether or not a short-term premises closure order is in effect, or has been in effect, in respect of the premises. 74LI. Offences relating to closed premises (1) While a premises closure order is in effect in respect of premises, a person must not sell or supply prohibited smoking products at the premises. Penalty: In the case of – (a) a body corporate, a fine not exceeding 5 366 penalty units; or (b) a natural person, a fine not exceeding 3 145 penalty units. (2) While a premises closure order is in effect in respect of premises, a person must not –

Public Health Amendment (Prohibited Tobacco and Other Products) Act 2026 Act No. of 2026 s. 14 27 (a) sell or supply smoking products at the premises; or (b) carry on a business in relation to the sale or supply of smoking products at the premises. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 600 penalty units; or (b) a natural person, a fine not exceeding 800 penalty units. (3) While a premises closure order is in effect in respect of premises, a person must not enter into, or remain on, those premises other than in accordance with the terms and conditions of the order. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 600 penalty units; or (b) a natural person, a fine not exceeding 800 penalty units. (4) Subsection (3) does not apply to – (a) an authorised officer or a nominated officer performing a