(1) Despite section 34ZC(4), a licence issued by the Regulator under section 34W(4) during the initial licensing period expires on 30 June 2027.
S. 48(1A) inserted by No. 51/2024 s. 44.
(1A) If a person applied for a licence in accordance with this Act before the commencement of Division 1AA of Part 3AA, but the application had not been finally determined before that commencement, the person does not commit an offence against section 33A(1) or 33B in relation to the sale of tobacco products in the conduct of the tobacco supply business that is the subject of the application at any time before the application is finally determined.
S. 48(1B) inserted by No. 51/2024 s. 44.
(1B) For the purpose of subsection (1A), an application is finally determined—
(a) when the application is granted and a licence is issued to the applicant; or
(b) if the application is refused, when any review of the refusal is finally determined or, if no application for review is made, when the period for the applicant to apply for review expires.
(2) Subsection (1) does not affect a power of the Regulator to—
(a) suspend or cancel a licence; or
(b) disqualify a person from holding a licence.
initial licensing period means the period commencing on the day on which section 34W comes into operation and ending on 30 June 2026.
Sch. substituted by No. 43/2000 s. 21, amended by Nos 28/2001 s. 17(1)(2), 31/2002 s. 14(a)–(c), substituted by No. 45/2005 s. 20, amended by No. 45/2005 s. 25(f), substituted by No. 49/2009 s. 51, amended by Nos 71/2012 s. 4, 66/2013 s. 8, 65/2014 s. 11, 55/2016 ss 8, 11, 13/2022 s. 59, 42/2022 s. 67(b), repealed by No. 51/2024 s. 31.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 7 October 1987
Legislative Council: 30 October 1987
Long title
The long title for the Bill for this Act was "A Bill to provide for the regulation of the sale and promotion of tobacco products and for other purposes.".
The Tobacco Act 1987 was assented to on 24 November 1987 and came into operation as follows:
Sections 6(1)(3), 13, 15 on 1 April 1988: section 2(2); section 6(2) on 1 January 1989: section 2(4); section 14 on 1 July 1988: section 2(3); rest of Act on 24 November 1987: section 2(1).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Tobacco Act 1987 by Acts and subordinate instruments.
| Assent Date: | 14.6.89 |
| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
| Current State: | All of Act in operation |
Tobacco (Amendment) Act 1993, No. 83/1993
| Assent Date: | 3.11.93 |
| Commencement Date: | Ss 1–3, 5, 6 on 3.11.93; s. 4 on 1.1.94: s. 2(2) |
| Current State: | All of Act in operation |
Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993
| Assent Date: | 7.12.93 |
| Commencement Date: | S. 20(12) on 7.12.93: s. 2(4) |
| Assent Date: | 31.5.94 |
| Commencement Date: | S. 4(Sch. 2 item 90) on 1.1.95: Government Gazette 28.7.94 p. 2055 |
Equal Opportunity Act 1995, No. 42/1995
| Assent Date: | 14.6.95 |
| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 41 on 1.1.96: Government Gazette 21.12.95 p. 3571 |
Gaming No. 2 Act 1997, No. 16/1997
| Assent Date: | 6.5.97 |
| Commencement Date: | S. 120 on 31.3.98: s. 2(4) |
Business Franchise Fees (Safety Net) Act 1997, No. 94/1997
| Assent Date: | 16.12.97 |
| Commencement Date: | S. 21 on 16.12.97: s. 2(3) |
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
| Assent Date: | 26.5.98 |
| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |
Printers and Newspapers (Repeal) Act 1998, No. 56/1998
| Assent Date: | 13.10.98 |
| Commencement Date: | S. 5(2) on 19.11.98: Government Gazette 19.11.98 p. 2792 |
| Assent Date: | 6.6.00 |
| Commencement Date: | Ss 4–6, 7(2), 11, 12, 13(2), 14, 15, 16(1)(a)(c)(d)(2)(3), 17–22 on 1.11.00: s. 2(2); ss 7(1), 13(1)(3) on 1.7.01: s. 2(3); ss 8–10, 16(1)(b) on 1.1.02: s. 2(4) |
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
| Assent Date: | 8.5.01 |
| Commencement Date: | S. 3(Sch. item 76) on 1.6.01: s. 2(2) |
Tobacco (Further Amendment) Act 2001, No. 28/2001
| Assent Date: | 12.6.01 |
| Commencement Date: | S. 16 on 13.6.01: s. 2(1); s. 8 on 1.7.01: s. 2(2); ss 7, 9, 10, 12, 15, 17(2) on 1.10.01: s. 2(3); ss 3(2), 4–6, 11 on 1.11.01: s. 2(4); ss 3(1), 13, 14, 17(1) on 1.1.02: s. 2(5) |
Table of Amendments: The proposed amendment to section 36L(2)(a) by section 9(22)(b) of the Tobacco Amendment Act 2016, No. 55/2016 (repealed) is not included in this publication, as the amended text does not exist due to an earlier editorial amendment. ↑
Table of Amendments (Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024): The amendment proposed by section 64(3) of the Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024 is not included in this publication as there is no subsection (3) in section 15M of this Act.