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Tobacco and Other Smoking Products Act 1998
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Tobacco and Other Smoking Products Act 1998
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Turn the raw legal text into a practical explanation grounded in Tobacco and Other Smoking Products Act 1998.
An authorised person may require a person to show acceptable evidence of age of the person if the authorised person— either— observes the person being supplied a smoking product or illicit nicotine product; or reasonably believes the person has just been supplied a smoking product or illicit nicotine product; and suspects on reasonable grounds the person is a child. The authorised person may require the person to state the person’s name and residential address if— the person refuses, or is unable, to comply with a requirement made under subsection (1) ; or the acceptable evidence of age of the person shown under subsection (1) shows the person is a child. When making the requirement under subsection (2) , the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. The authorised person may require the person to give evidence of the correctness of the person’s stated name or residential address if the authorised person reasonably suspects the stated name or address is false. See the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity. A person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—5 penalty units. The person does not commit an offence against subsection (5) if no one is proved to have committed an offence against this Act in relation to the supply of the smoking product or illicit nicotine product. s 192 amd 1999 No. 61 s 34 ; 2001 No. 20 s 35 ; 2020 No. 21 s 30 ; 2024 No. 51 s 22 (sec.192-ssec.1) An authorised person may require a person to show acceptable evidence of age of the person if the authorised person— either— observes the person being supplied a smoking product or illicit nicotine product; or reasonably believes the person has just been supplied a smoking product or illicit nicotine product; and suspects on reasonable grounds the person is a child. (sec.192-ssec.2) The authorised person may require the person to state the person’s name and residential address if— the person refuses, or is unable, to comply with a requirement made under subsection (1) ; or the acceptable evidence of age of the person shown under subsection (1) shows the person is a child. (sec.192-ssec.3) When making the requirement under subsection (2) , the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. (sec.192-ssec.4) The authorised person may require the person to give evidence of the correctness of the person’s stated name or residential address if the authorised person reasonably suspects the stated name or address is false. See the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity. (sec.192-ssec.5) A person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—5 penalty units. (sec.192-ssec.6) The person does not commit an offence against subsection (5) if no one is proved to have committed an offence against this Act in relation to the supply of the smoking product or illicit nicotine product.