Legislative history
Notes
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Formerly
Tobacco Products Regulation Act 1997
Legislation repealed by principal Act
The Tobacco and E-Cigarette Products Act 1997 repealed the following:
Tobacco Products Control Act 1986
Tobacco Products (Licensing) Act 1986
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Tobacco Products Regulation Act 1997
10.4.1997
5.6.1997 (Gazette 5.6.1997 p2793) except s 47—4.1.1999: s 2(2)
Tobacco Products Regulation (Miscellaneous) Amendment Act 1997
5.6.1997: s 2
(145)
Tobacco Products Regulations 1997 (Gazette 5.7.1997 p2925)
—
5.6.1997: r 2
Tobacco Products Regulation (Licence Fees) Amendment Act 1998
2.4.1998
1.5.1998 (Gazette 23.4.1998 p1927)
Tobacco Products Regulation (Dissolution of Sports Promotion, Cultural and Health Advancement Trust) Amendment Act 1998
Tobacco Products Regulation (Smoking in Unlicensed Premises) Amendment Act 1999
1.4.1999
12.4.1999 (Gazette 8.4.1999 p1634)
Tobacco Products Regulation (Sale of Products Designed for Smoking) Amendment Act 1999
District Court (Administrative and Disciplinary Division) Amendment Act 2000
Sch 1 (cl 44)—1.6.2000 (Gazette 18.5.2000 p2554)
Tobacco Products Regulation (Evidence of Age) Amendment Act 2000
South Australian Health Commission (Administrative Arrangements) Amendment Act 2000
6.7.2000
Sch 1 (cl 18)—6.7.2000 (Gazette 6.7.2000 p5)
Statutes Amendment (Corporations) Act 2001
14.6.2001
Pt 31 (s 118)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270)
Statute Law Revision Act 2003
23.10.2003
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
Tobacco Products Regulation (Further Restrictions) Amendment Act 2004
4.11.2004
6.12.2004 except ss 6, 12 & 15—31.3.2005 (Gazette 2.12.2004 p4444)
Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Act 2006
6.7.2006
31.10.2006 (Gazette 10.8.2006 p2642)
Tobacco Products Regulation (Smoking in Cars) Amendment Act 2007
5.4.2007
31.5.2007 (Gazette 10.5.2007 p1980)
Tobacco Products Regulation (Miscellaneous Offences) Amendment Act 2007
5.4.2007
31.5.2007 (Gazette 10.5.2007 p1979)
Tobacco Products Regulation (Miscellaneous) Amendment Act 2007
29.11.2007
1.6.2008 (Gazette 13.12.2007 p4813)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 158 (s 357)—1.2.2010 (Gazette 28.1.2010 p320)
Statutes Amendment (Directors' Liability) Act 2011
22.9.2011
Pt 24 (s 32)—1.1.2012 (Gazette 15.12.2011 p4988)
Tobacco Products Regulation (Further Restrictions) Amendment Act 2012
22.3.2012
31.5.2012 (Gazette 12.4.2012 p1394)
Work Health and Safety Act 2012
15.11.2012
Sch 6 (cll 7 & 8)—1.1.2013: s 2
Tobacco Products Regulation (Artistic Performances) Amendment Act 2016
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 48 (ss 267 to 269)—14.12.2017 (Gazette 12.12.2017 p4960)
Tobacco Products Regulation (E-Cigarettes and Review) Amendment Act 2018
6.12.2018
31.3.2019 except substitution of s 30(2) by ss 13 & 20—1.10.2019 (Gazette 31.1.2019 p372)
Training and Skills Development (Miscellaneous) Amendment Act 2020
19.11.2020
Sch 1 (cl 9)—1.7.2021 (Gazette 24.6.2021 p2260)
Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Act 2023
26.5.2023
31.8.2023 (Gazette 25.8.2023 p3115)
Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Act 2024
7.11.2024
28.11.2024 except ss 4(1), (2), (5) to (7), (12) to (14), (16) & (17), 5 insofar as it inserts s 5A, 6, 38, 39, 42, 45, 48 & 53—13.12.2024 (Gazette 28.11.2024 p4274)
Statutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Act 2025
10.4.2025
Pt 3 (ss 5 to 19)—5.6.2025 (Gazette 5.6.2025 p1386)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended by 26/1998 s 3
amended by 61/1998 s 3
amended by 44/2003 s 3(1) (Sch 1)
24.11.2003
amended by 39/2018 s 4
Pt 1
s 1
substituted by 39/2018 s 5
s 2
omitted under Legislation Revision and Publication Act 2002
24.11.2003
s 3
(a) deleted by 26/1998 s 4
(b)(v) deleted by 61/1998 s 4
(d) deleted by 61/1998 s 4
amended by 39/2018 s 6(1)—(6)
amended by 47/2024 s 3(1)—(3)
s 4
s 4(1)
advertise
inserted by 42/2004 s 4(1)
amended by 39/2018 s 7(1)—(3)
body corporate
inserted by 47/2024 s 4(1)
cigarette
inserted by 39/2018 s 7(4)
Commissioner
consume
substituted by 39/2018 s 7(5)
contract of service
inserted by 40/2012 Sch 6 cl 7(1)
amended by 40/2020 Sch 1 cl 9
1.7.2021
contravene
deleted by 47/2024 s 4(2)
corresponding law
criminal intelligence
inserted by 47/2024 s 4(2)
e-cigarette
substituted by 47/2024 s 4(3)
e-cigarette advertisement
e-cigarette product
substituted by 47/2024 s 4(4)
employee
inserted by 42/2004 s 4(2)
substituted by 40/2012 Sch 6 cl 7(1)
enclosed public place, workplace or shared area
inserted by 42/2004 s 4(2)
fund
deleted by 61/1998 s 5
grant
deleted by 47/2024 s 4(5)
health warning
amended by 42/2004 s 4(3)
substituted by 39/2018 s 7(7)
deleted by 15/2023 s 3(1)
label
amended by 39/2018 s 7(8)
licence
inserted by 47/2024 s 4(6)
multi-unit premises
inserted by 42/2004 s 4(4)
officer
inserted by 47/2024 s 4(7)
place
inserted by 42/2004 s 4(4)
place of public entertainment
deleted by 42/2004 s 4(4)
prescribed packaging requirements
inserted by 15/2023 s 3(2)
amended by 47/2024 s 4(8)
(b) deleted by 47/2024 s 4(9)
prohibited product
inserted by 47/2024 s 4(10)
public
deleted by 42/2004 s 4(5)
public area or public place
inserted by 42/2004 s 4(5)
purchase
amended by 39/2018 s 7(9)
record
amended by 39/2018 s 7(10)
relevant period
residential premises
inserted by 42/2004 s 4(6)
(c) deleted by 47/2024 s 4(11)
retail
substituted by 47/2024 s 4(12)
retail licence
inserted by 47/2024 s 4(13)
SACAT
inserted by 51/2017 s 267
sell
amended by 26/1998 s 5(b)
shared area
inserted by 42/2004 s 4(7)
shisha tobacco
inserted by 39/2018 s 7(11)
smoke
substituted by 39/2018 s 7(12)
tobacco advertisement
amended by 39/2018 s 7(13)
tobacco merchandising
tobacco merchant
tobacco product
amended by 42/2004 s 4(8)
6.12. 2004
amended by 39/2018 s 7(14)—(16)
trust
inserted by 47/2024 s 4(14)
Trust
deleted by 61/1998 s 5
trust or corporate entity
inserted by 47/2024 s 4(14)
vending machine
amended by 39/2018 s 7(17)
amended by 47/2024 s 4(15)
wholesale
inserted by 47/2024 s 4(16)
wholesale licence
inserted by 47/2024 s 4(16)
workplace
inserted by 42/2004 s 4(9)
amended by 40/2012 Sch 6 cl 7(2)
s 4(2)
deleted by 15/2023 s 3(3)
s 4(3) and (4)
inserted by 42/2004 s 4(10)
s 4(5) and (6)
inserted by 47/2024 s 4(17)
s 4A
inserted by 42/2004 s 5
deleted by 39/2018 s 8
s 5
deleted by 26/1998 s 6
inserted by 47/2024 s 5
s 5A
inserted by 47/2024 s 5
Pt 2 before substitution by 47/2024
amended by 28/1997 ss 3, 4
amended by 145/1997 r 14
substituted by 26/1998 s 7
s 6
amended by 15/2007 s 4
amended by 39/2018 s 9, Sch 2
s 9
s 9(2)
substituted by 42/2004 s 6
amended by 39/2018 s 10(1), (2)
s 9(5)
amended by 15/2007 s 5
amended by 39/2018 s 10(3), Sch 2
s 13 before substitution by 51/2017
s 13(2)
deleted by 4/2000 s 9(1) (Sch 1 cl 44(a))
s 13(3)
amended by 4/2000 s 9(1) (Sch 1 cl 44(b))
s 13(4)
deleted by 4/2000 s 9(1) (Sch 1 cl 44(c))
s 13(5)
deleted by 4/2000 s 9(1) (Sch 1 cl 44(d))
s 13
substituted by 51/2017 s 268
Pt 2
substituted by 47/2024 s 6
Pt 3
substituted by 42/2004 s 7
amended by 39/2018 s 11
substituted by 47/2024 s 7
Pt 3 Div 1
inserted by 47/2024 s 8
s 28
deleted by 26/1998 s 8
inserted by 43/1999 s 2
deleted by 42/2004 s 8
s 29
deleted by 39/2018 s 12
s 30 before substitution by 39/2018
s 30(1)
amended by 15/2007 s 6(1)
s 30(2)
amended by 15/2007 s 6(2)
s 30(3)
amended by 15/2007 s 6(3)
s 30(4)
amended by 15/2007 s 6(4)
s 30(5)
inserted by 58/2007 s 4
s 30
substituted by 39/2018 s 13
31.3.2019 except s 30(2)—1.10.2019
heading amended by 47/2024 s 9(1)
s 30(1)
(c) and (d) deleted by 15/2023 s 4(1)
amended by 15/2023 s 4(1)—(3)
amended by 47/2024 s 9(2)—(4)
s 30(1a)
inserted by 15/2023 s 4(4)
s 30(2) and (3)
deleted by 47/2024 s 9(5)
s 31 before substitution by 15/2023
s 31(1)
amended by 15/2007 s 7(1)
s 31(2)
amended by 15/2007 s 7(2)
s 31
substituted by 15/2023 s 5
amended by 47/2024 s 10
s 32
amended by 42/2004 s 9
substituted by 15/2023 s 5
amended by 47/2024 s 11
s 33
deleted by 42/2004 s 10
inserted by 15/2023 s 5
s 33(1)
amended by 47/2024 s 12
s 33(3)
amended by 17/2025 s 5
s 34 before deletion by 58/2007
s 34(1)
amended by 15/2007 s 8(1)
s 34(2)
amended by 34/2000 Sch 1 cl 18
6.7.2000
amended by 15/2007 s 8(2)
s 34
deleted by 58/2007 s 5
s 34A
inserted by 16/2006 s 4
31.10.2006
s 34A(4)
amended by 47/2024 s 13(1)—(3)
s 35
amended by 15/2007 s 9
amended by 47/2024 s 14(1), (2)
s 36
substituted by 42/2004 s 11
amended by 39/2018 s 14, Sch 2
amended by 47/2024 s 15(1), (2)
s 37 before substitution by 47/2024
substituted by 42/2004 s 12
amended by 15/2007 s 10
substituted by 58/2007 s 6
s 37(1)
s 37(2)
substituted by 39/2018 s 15
s 37
substituted by 47/2024 s 16
s 37A
inserted by 39/2018 s 16
deleted by 47/2024 s 16
s 38 before substitution by 42/2004
s 38(1)
amended by 43/1999 s 3(a)
s 38(2)
amended by 43/1999 s 3(b)
s 38(3)
amended by 43/1999 s 3(c)
s 38(4)
amended by 43/1999 s 3(d)
s 38(5)
amended by 26/1998 s 9(a)—(c)
amended by 43/1999 s 3(e), (f)
s 38(6)
substituted by 26/1998 s 9(d)
s 38(7)
deleted by 26/1998 s 9(d)
s 38
substituted by 42/2004 s 13
heading amended by 47/2024 s 17(1)
s 38(1)
amended by 15/2007 s 11
amended by 39/2018 s 17(1), (2), Sch 2
amended by 47/2024 s 17(2)—(4)
s 38(2)
amended by 47/2024 s 17(5)
s 44
deleted by 42/2004 s 17
s 46—see Pt 4
s 47 before substitution by 42/2004— see Pt 4
s 47(1)
entertainment area
licensed premises
unlicensed premises
inserted by 26/1999 s 3(a)
s 47(3)
amended by 26/1999 ss 3(b), 4 (Sch)
s 47(4)
amended by 26/1999 ss 3(c)—(e), 4 (Sch)
s 47(5)
amended by 26/1998 s 11
amended by 26/1999 ss 3(f), 4 (Sch)
amended by 4/2000 s 9(1) (Sch 1 cl 44(e))
s 47(5a)
inserted by 4/2000 s 9(1) (Sch 1 cl 44(f))
Pt 3 Div 2
s 39B
s 39B(3)
amended by 17/2025 s 6
Pt 3 Div 3
Pt 3 Div 4
s 39E
s 38A inserted by 42/2004 s 13
s 38A heading amended by 47/2024 s 18(1)
s 38A redesignated as s 39E by 47/2024 s 18(11)
s 39E(1)
s 38A(1) amended by 39/2018 s 18(1)—(3)
s 38A(1) amended by 47/2024 s 18(2), (3)
s 39E(5)
s 38A(5) amended by 39/2018 s 18(4), (5), Sch 2
s 38A(5) amended by 47/2024 s 18(4)—(7)
s 39E(5a) and (5b)
s 38A(5a) and (5b) inserted by 47/2024 s 18(8)
s 39E(6)
responsible person
s 38A(6) amended by 39/2018 s 18(6)
s 38A(6) amended by 47/2024 s 18(9)
s 38A(6) (b) deleted by 47/2024 s 18(10)
Pt 3 Div 5
s 40
s 40(1)
substituted by 42/2004 s 15(1)
amended by 15/2007 s 12(1)
amended by 39/2018 s 20(1)
amended by 47/2024 s 21(1)
s 40(2)
amended by 15/2007 s 12(2)
amended by 39/2018 s 20(2), (3)
amended by 47/2024 s 21(2)
s 40(3)
amended by 42/2004 s 15(2)
(d) deleted by 42/2004 s 15(2)
amended by 39/2018 s 20(4), (5)
amended by 47/2024 s 21(3), (4)
s 41
s 41(1)
amended by 15/2007 s 13(1)
amended by 39/2018 s 21(1)—(3), Sch 2
amended by 47/2024 s 22(1)
s 41(2)
amended by 15/2007 s 13(2)
amended by 47/2024 s 22(2)
s 41(3)
deleted by 42/2004 s 16
s 42
s 42(1)
amended by 58/2007 s 7(1)
amended by 39/2018 s 22, Sch 2
amended by 47/2024 s 23
s 42(2)
substituted by 58/2007 s 7(2)
s 43
amended by 39/2018 s 23(1), (2), Sch 2
amended by 47/2024 s 24
s 45
substituted by 42/2004 s 17
amended by 15/2007 s 14
s 45(1)
s 45 amended and redesignated as s 45(1) by 47/2024 s 25(1), (2)
s 45(2)
inserted by 47/2024 s 25(2)
Pt 3 Div 6
inserted by 17/2025 s 7
Pt 4
amended by 26/1998 s 12
deleted by 61/1998 s 6
Pt 4
inserted by 42/2004 s 17
s 46
s 46(2)
amended by 47/2024 s 26(1)
s 46(3)
amended by 47/2024 s 26(2)
s 46(4)
amended by 40/2012 Sch 6 cl 8
amended by 47/2024 s 26(3)
s 47
expired: s 47(8)—omitted under Legislation Revision and Publication Act 2002
(31.10.2007)
s 48
inserted by 9/2007 s 4
s 48(1)
amended by 47/2024 s 27
s 49
s 49(1)
amended by 47/2024 s 28(1)
s 49(5)
prescribed public transport area
substituted by 47/2024 s 28(2)
s 50
s 50(1)
amended by 47/2024 s 29
s 51
s 51(1)
amended by 39/2018 s 24(1)
amended by 47/2024 s 30(1)
s 51(4)
amended by 47/2024 s 30(2)
s 51(5)
substituted by 39/2018 s 24(2)
amended by 47/2024 s 30(3), (4)
s 52
s 52(1)
amended by 39/2018 s 25(1)
s 52(2)
amended by 47/2024 s 31(1)
s 52(3)
substituted by 39/2018 s 25(2)
s 52(4)
substituted by 39/2018 s 25(2)
substituted by 47/2024 s 31(2)
Pt 5
s 63
s 63(4)
amended by 26/1998 s 13
amended by 47/2024 s 32
s 64
substituted by 47/2024 s 33
s 65
amended by 26/1998 s 14
s 65(3)
amended by 47/2024 s 34
s 66
s 66(1)
(h) deleted by 26/1998 s 15
amended by 39/2018 s 26(1)—(5)
amended by 47/2024 s 35
s 66AA
inserted by 17/2025 s 8
ss 66A and 66B
inserted by 47/2024 s 36
s 67
amended by 47/2024 s 37
s 69 before substitution by 47/2024
s 69(1) amended by 26/1998 s 16(a), (b)
s 69(1) redesignated as s 69 in pursuance of the Acts Republication Act 1967
amended by 39/2018 s 27(1)—(3)
s 69(2)
deleted by 26/1998 s 16(c)
s 69
substituted by 47/2024 s 38
s 69(2)
amended by 17/2025 s 9
Pt 6
deleted by 26/1998 s 17
inserted by 42/2004 s 18
deleted by 39/2018 s 28
Pt 6AA
s 69CA
closure order
amended by 17/2025 s 10(1)
short term closure order
inserted by 17/2025 s 10(2)
s 69CB
s 69CB(4)
substituted by 17/2025 s 11(1)
s 69CB(6)
inserted by 17/2025 s 11(2)
s 69CBA
inserted by 17/2025 s 12
s 69CC
s 69CC(1)
amended by 17/2025 s 13(1)—(3)
s 69CC(2)
amended by 17/2025 s 13(4), (5)
s 69CC(3)
amended by 17/2025 s 13(6)
s 69CC(5)
inserted by 17/2025 s 13(7)
s 69CD
amended by 17/2025 s 14(1)
s 69CD(1)
s 69CD redesignated as s 69CD(1) by 17/2025 s 14(2)
s 69CD(2)—(5)
inserted by 17/2025 s 14(2)
ss 69CE and 69CF
inserted by 17/2025 s 15
Pt 6A
Pt 6B
Pt 7
s 70A
inserted by 15/2007 s 15
s 70A(1)
amended by 39/2018 s 29(1)
s 70A(2)
amended by 39/2018 s 29(2)
amended by 47/2024 s 40
s 70A(3)
amended by 39/2018 s 29(3)
s 70AB
s 39 redesignated as s 70AB by 47/2024 s 19(4)
s 70AB(1)
s 39(1) amended by 43/1999 s 4
s 39(1) amended by 42/2004 s 14(1)
s 39(1) amended by 39/2018 s 19
s 39(1) substituted by 47/2024 s 19(1)
s 70AB(2)
s 39(2) amended by 39/2018 Sch 2
s 39(2) amended by 47/2024 s 19(2), (3)
s 70AB(3)
authorised person
s 39(3) amended by 26/1998 s 10
s 39(3) amended by 10/2000 s 2
s 39(3) (ab) deleted by 42/2004 s 14(2)
s 71
s 71(1)
amended by 39/2018 s 30(1), (2)
amended by 47/2024 s 41(1), (2)
s 71(2)
s 71(3)
amended by 42/2004 s 19(1)
s 71(4)
amended by 42/2004 s 19(2)
s 71(5)—(7)
inserted by 7/2016 s 3
s 72
s 72(1)
amended by 26/1998 s 18
s 73
substituted by 47/2024 s 42
s 74
deleted by 26/1998 s 19
s 75
amended by 47/2024 s 43
s 76
s 76(1)
amended by 26/1998 s 20
s 76(2)
amended by 47/2024 s 44
s 76A
inserted by 47/2024 s 45
s 77
substituted by 47/2024 s 45
s 78
(d) deleted by 26/1998 s 21
substituted by 47/2024 s 45
s 78(2a) and (2b)
inserted by 17/2025 s 16
s 78A
inserted by 17/2025 s 17
s 79
amended by 47/2024 s 46
s 80 before deletion by 84/2009
s 80(1)
(a) deleted by 26/1998 s 22
s 80
deleted by 84/2009 s 357
1.2.2010
s 81
s 81(1)
s 81 redesignated as s 81(1) by 42/2004 s 20
deleted by 36/2011 s 32
1.1.2012
s 81(2) and (3)
inserted by 42/2004 s 20
s 82
substituted by 26/1998 s 23
amended by 47/2024 s 47
s 82A
inserted by 47/2024 s 48
ss 83 and 84
deleted by 26/1998 s 24
s 83
inserted by 5/2012 s 5
s 85
s 85(1)
(c) deleted by 26/1998 s 25(a)
s 85(2)
amended by 39/2018 s 31(1), (2)
s 85(3)
deleted by 26/1998 s 25(b)
inserted by 47/2024 s 49
s 86 before substitution by 47/2024
s 86(2)
amended by 23/2001 s 118
15.7.2001
s 86
substituted by 47/2024 s 50
s 86A
inserted by 39/2018 s 32
s 86B
inserted by 47/2024 s 51
s 87
heading amended by 47/2024 s 52(1)
s 87(2)
(a) and (b) deleted by 26/1998 s 26(a)
amended by 42/2004 s 21(1)—(4)
substituted by 39/2018 s 33
amended by 47/2024 s 52(2)—(6)
(b), (c) deleted by 47/2024 s 52(2)
s 87(3)
substituted by 39/2018 s 33
s 87(4) and (5)
deleted by 26/1998 s 26(b)
inserted by 47/2024 s 52(7)
s 87(6)
inserted by 47/2024 s 52(7)
Sch A1
inserted by 17/2025 s 18
Sch 1
deleted by 26/1998 s 27
inserted by 47/2024 s 53
Sch 2
deleted by 26/1998 s 27
Sch
inserted by 26/1998 s 27
deleted by 47/2024 s 53
Transitional etc provisions associated with Act or amendments
Tobacco Products Regulation (Dissolution of Sports Promotion, Cultural and Health Advancement Trust) Amendment Act 1998
2—Interpretation
In this Act—
the Minister means the Minister for Human Services;
the Trust means the South Australian Sports Promotion, Cultural and Health Advancement Trust.
7—Transitional provisions
(1) All moneys held in account in the Sports Promotion, Cultural and Health Advancement Fund at the Treasury immediately before the commencement of this Act are to be transferred to the Consolidated Account.
(2) All property, rights and liabilities vested in or attaching to the Trust immediately before the commencement of this Act vest in or attach to the Minister.
Statutes Amendment (SACAT No 2) Act 2017
269—Transitional provisions
(1) A right of appeal under section 13 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(2) Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
principal Act means the Tobacco Products Regulation Act 1997;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Tobacco Products Regulation (E-Cigarettes and Review) Amendment Act 2018, Sch 1—Transitional provisions
1—Interpretation
In this Schedule—
principal Act means the Tobacco Products Regulation Act 1997 as in force immediately before the commencement of this clause.
2—Licences
(1) A licence that is in force under Part 2 of the principal Act immediately before the commencement of this clause will, on the commencement of this clause, be taken to authorise the carrying on of the business of selling e‑cigarette products by retail.
(2) A reference to a tobacco product in a licence condition in force immediately before the commencement of this clause will, on the commencement of section 10 of this Act, be taken to include a reference to an e‑cigarette product.
3—References to Tobacco Products Regulation Act 1997
A reference in a licence under the principal Act or in any instrument, contract, agreement or other document to the Tobacco Products Regulation Act 1997 will, on and from the commencement of this clause, have effect as if it were a reference to the Tobacco and E-Cigarette Products Act 1997.
Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Act 2024, Sch 1—Saving and transitional provisions
1—Interpretation
In this Schedule—
Minister means the Minister to whom the administration of the principal Act is committed;
principal Act means the Tobacco and E-Cigarette Products Act 1997;
relevant day means the day on which section 6 of this Act comes into operation;
relevant licence means a licence issued by the Minister under Part 2 of the principal Act as in force immediately before the relevant day;
relevant person means a person who holds a licence—
(a) issued to the person under Part 2 of the principal Act as in force immediately before the commencement of this clause; and
(b) in force immediately before the relevant day;
SACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
2—Existing licences
(1) Subject to this Schedule, an amendment to the principal Act effected by a provision of this Act applies in relation to a licence granted under the principal Act, and in respect of the holder of a licence under the principal Act, whether the licence was granted before or after the commencement of that provision.
(2) The Minister may issue to the holder of a licence granted and in force under the principal Act as in force immediately before the commencement of a provision of this Act a replacement copy of the licence in order to take account of modifications effected by the provision.
(3) A relevant licence in force under Part 2 of the principal Act as in force immediately before the relevant day continues as a retail licence as if it had been issued under Part 2 of the principal Act as substituted by this Act.
(4) The suspension of a licence effected under section 11 of the principal Act before the relevant day continues as if the suspension was effected under section 69G(2)(c)(iii) of the principal Act as inserted by this Act.
3—Requirement for wholesale licence
(1) During the relevant period—
(a) a relevant licence will be taken to authorise the sale of tobacco products by wholesale; and
(b) a person who carries on the business of selling tobacco products by wholesale or who holds themself out as carrying on such a business does not commit an offence against section 6(2) of the principal Act as substituted by this Act.
(2) In this clause—
relevant period means the period of 6 months after the relevant day.
4—Licence applications
An application for a licence under Part 2 of the principal Act that has been made but not determined before the relevant day may be determined by the Minister as if the application had been made under Part 2 of the principal Act as substituted by this Act.
5—Licence conditions
(1) Subject to subclause (2), a condition of a licence issued by the Minister under section 9 of the principal Act as in force immediately before the relevant day remains in force as a condition of a licence under section 9 of the principal Act as substituted by this Act.
(2) A condition of a relevant licence that provides for the expiry of the licence is void.
(3) An application by the holder of a licence under section 9 of the principal Act that has been made but not finally determined before the relevant day may be continued and completed as if the application had been made under section 9 of the principal Act as substituted by this Act.
6—Annual returns
(1) This clause applies to the holder of a relevant licence (including the holder of a relevant licence that is, on the relevant day, suspended).
(2) A person to whom this clause applies must, not later than the designated day—
(a) pay to the Minister the prescribed fee; and
(b) provide to the Minister an annual return in respect of the previous year in the manner and form, and containing the information, required by the Minister.
(3) The Minister may take action under section 11 of the principal Act as substituted by this Act against a person to whom this clause applies who fails to pay the prescribed fee or provide the annual return in accordance with subclause (2) as if the failure constituted a failure to pay an annual fee or provide the annual return referred to in that section.
(4) Section 11(1) of the principal Act as substituted by this Act does not apply to a person to whom this clause applies in respect of a particular year if the person has, in accordance with subclause (2), provided an annual return or paid an annual fee in respect of that year.
(5) In this clause—
designated day means the day falling 11 months after the relevant day.
7—Seized products
Products that have been seized under Part 5 of the principal Act as in force immediately before the day on which section 38 of the Act comes into operation may be dealt with in accordance with section 69 of the principal Act as in force on the day on which section 38 of the Act commences.
8—Review proceedings
(1) An application for a review under section 12 of the principal Act that has been made but not finally determined before the relevant day may be continued and determined under section 69I of the principal Act as inserted by this Act as if the application had been made under that section.
(2) An application to SACAT for a review under section 13 of the principal Act that has been made but not finally determined before the relevant day may be continued and determined by the Tribunal under section 69J of the principal Act as inserted by this Act as if the application had been made under that section.
9—Register
The register kept under section 73 of the principal Act as in force immediately before the commencement of section 42 of this Act will, on that commencement, be taken to form part of the register required to be maintained under section 73 of the principal Act as substituted by this Act.
Statutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Act 2025, Pt 3
19—Transitional provisions
(1) The owner of premises in relation to which an application for a long term closure order has been made may, in accordance with section 69CC(3) of the Tobacco and E-Cigarette Products Act 1997 as amended by section 13(6) of this Act, apply to the Magistrates Court to be a party to the proceedings in relation to the application irrespective of whether the application for the making of the long term closure order was made before or after the commencement of that amendment.
(2) An application may be made to the Magistrates Court to amend or revoke a long term closure order under section 69CC(5) of the Tobacco and E-Cigarette Products Act 1997 as inserted by section 13(7) of this Act irrespective of whether the long term closure order to which the application relates was made before or after the commencement of that amendment.
Historical versions
Reprint No 1—5.6.1997