Section retrieval-0001 - Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 - Document excerpt 1 | Zoe
Contents
Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
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Authorised by the Parliamentary Counsel
209CE Offence of permitting premises to be used to supply or
possess illicit tobacco or illicit nicotine products . . . . 30
209CF Civil penalty for contravention by relevant lessor . . . 30
209CG Civil proceeding stayed during criminal proceeding . 32
209CH No criminal proceeding after successful civil proceeding 33
209CI Evidence given by individual in civil proceeding not
admissible in criminal proceeding . . . . . . . . . . . . . . . 33
27 Amendment of s 212 (Power to require production of written
acknowledgement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
28 Amendment of s 213 (Failure to produce acknowledgement) . . . 35
29 Amendment of s 214 (Failure to certify copy of acknowledgement) 35
30 Amendment of s 215 (Power to require information) . . . . . . . . . . 35
31 Insertion of new s 215A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
215A Power to require information relevant to monitoring or
enforcement of particular provisions . . . . . . . . . . . . . 36
32 Amendment of s 219 (Compensation) . . . . . . . . . . . . . . . . . . . . . 37
33 Amendment of s 224 (Definition for division) . . . . . . . . . . . . . . . . 37
34 Insertion of new s 229A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
229A Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . 37
35 Replacement of s 230A (Liability of executive officer—offence committed
by corporation against executive liability provision) . . . . . . . . . . 39
230A Liability of executive officer—offence committed by
corporation against executive liability (evidential burden)
provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
36 Amendment of s 231 (Act does not create or preserve right to smoke)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
37 Amendment of s 242B (Application of amended s 208) . . . . . . . 42
38 Insertion of new pt 13, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 4 Transitional provisions for Tobacco and Other Smoking
Products (Dismantling Illegal Trade) and Other
Legislation Amendment Act 2025
243 Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . 42
244 Notification of particular events . . . . . . . . . . . . . . . . . 42
245 Proceedings for particular offences . . . . . . . . . . . . . . 43
246 Application for long-term closure order made before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
247 New provisions applying to relevant lessors . . . . . . . 44
248 New evidentiary provisions . . . . . . . . . . . . . . . . . . . . 44
39 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 44
2025
A Bill
for
An Act to amend the State Penalties Enforcement Regulation
2014 and the Tobacco and Other Smoking Products Act 1998 for
particular purposes
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[s 1]
Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
Part 1 Preliminary
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Tobacco and Other Smoking
Products (Dismantling Illegal Trade) and Other Legislation
Amendment Act 2025.
Part 2 Amendment of State Penalties
Enforcement Regulation 2014
2 Regulation amended
This part amends the State Penalties Enforcement Regulation
2014.
3 Amendment of sch 1 (Infringement notice offences and
fines for nominated laws)
Schedule 1, entry for Tobacco and Other Smoking Products
Act 1998—
insert—
s 49(3) Individual
Corporation
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s 49(4) Individual
Corporation
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s 209C(1) Individual
Corporation
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100
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Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Tobacco and Other Smoking Products Act 1998
Part 3 Amendment of Tobacco and
Other Smoking Products Act
1998
4 Act amended
This part amends the Tobacco and Other Smoking Products
Act 1998.
5 Amendment of s 18 (Requirements for application)
(1) Section 18(1)—
insert—
(ba) if the applicant is an entity that holds an
ABN—state the ABN; and
(2) Section 18(1)(d)—
omit, insert—
(d) if the application relates to a retail or
wholesale outlet—
(i) identify the location of the outlet; and
(ii) be accompanied by sufficient evidence
to demonstrate the applicant’s
entitlement to occupy the outlet,
including, for example, as an owner or
lessee of the outlet; and
(iii) if the applicant leases, or holds an
entitlement to occupy, the outlet from
another person (the lessor)—state the
name, address and contact details of
the lessor; and
(3) Section 18(1)(ba) to (h)—
renumber as section 18(1)(c) to (i).
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[s 6]
Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Tobacco and Other Smoking Products Act 1998
6 Amendment of s 47 (Notification of particular events)
(1) Section 47(1)(g)—
omit, insert—
(g) if the licence relates to a retail or wholesale
outlet—
(i) the location of the outlet changes; or
(ii) the licensee’s entitlement to occupy the
outlet, including, for example, as an
owner or lessee of the outlet, ceases or
changes; or
(iii) if the licensee leases, or holds an
entitlement to occupy, the outlet from
another person (the lessor)—the name,
address or contact details of the lessor
change;
(2) Section 47(1)(h), ‘or business name,’—
omit, insert—
business name or ABN
7 Amendment of s 49 (Invoices for supply to retailers)
(1) Section 49—
insert—
(2A) The licensee must keep a copy of the invoice for
at least 2 years after giving the retailer the invoice.
Maximum penalty—140 penalty units.
(2) Section 49(2A) and (3)—
renumber as section 49(3) and (4).
8 Amendment of s 91 (Location of smoking products at
retail outlet)
Section 91, ‘or in’—
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Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Tobacco and Other Smoking Products Act 1998
omit.
9 Amendment of s 134 (Smoking area at outdoor eating or
drinking place)
Section 134(6)—
omit.
10 Amendment of s 158 (Sale, supply and display of ice
pipes)
(1) Section 158, heading—
omit, insert—
158 Supply or possession of ice pipes as part of
business activities
(2) Section 158(1)—
omit, insert—
(1) A person must not, as part of a business activity,
supply, display, store or otherwise be in
possession of an ice pipe or a component of an ice
pipe.
Maximum penalty—140 penalty units.
11 Amendment of s 159 (Sale, supply and display of bongs)
(1) Section 159, heading—
omit, insert—
159 Supply or possession of bongs as part of
business activities
(2) Section 159(1)—
omit, insert—
(1) A person must not, as part of a business activity,
supply, display, store or otherwise be in
possession of a bong or a component of a bong.
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Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Tobacco and Other Smoking Products Act 1998
Maximum penalty—140 penalty units.
12 Amendment of s 160 (Display of hookahs)
Section 160(2)(a) and (c) and (3), ‘part’—
omit, insert—
component
13 Amendment of s 170 (Appointment)
Section 170(1)(a), ‘officer or’—
omit.
14 Amendment of s 181 (Entry of places by authorised
persons)
(1) Section 181(2)—
insert—
(ba) a wholesale outlet when the outlet is open
for carrying on business; or
(2) Section 181(2)(c), after ‘retail’—
insert—
or wholesale
(3) Section 181(2)(ba) to (e)—
renumber as section 181(2)(c) to (f).
15 Insertion of new s 194A
Before section 195—
insert—
194A Definition for division
In this division—
compromised goods means either of the
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Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Tobacco and Other Smoking Products Act 1998
following things present in a place in which illicit
tobacco or an illicit nicotine product is seized
under section 197(1) or 198(1), (2), (3) or (4)—
(a) a smoking product;
(b) a hookah, or a component of a hookah.
16 Amendment of s 195, hdg (Application of div 4)
Section 195, heading, ‘div 4’—
omit, insert—
division
17 Amendment of s 197 (Seizing evidence at a place that
may be entered without consent or a warrant)
Section 197—
insert—
(2) Also, the authorised person may seize a thing in
the place if the authorised person reasonably
believes the thing is compromised goods.
18 Amendment of s 198 (Seizing evidence at a place that
may only be entered with consent or a warrant)
(1) Section 198, heading, ‘only be entered’—
omit, insert—
be entered only
(2) Section 198(1), (3) and (4), ‘in the place’—
omit, insert—
at the place
(3) Section 198—
insert—
(5) In addition, the authorised person may seize a
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Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Tobacco and Other Smoking Products Act 1998
thing at the place if the authorised person
reasonably believes the thing is compromised
goods.
(6) To remove any doubt, it is declared that
subsection (5) applies to an authorised person
who enters a place with a warrant even if the
warrant does not state under section 184(5)(c) that
the thing that is compromised goods may be
seized under the warrant.
19 Amendment of s 205 (Forfeiture of relevant product)
Section 205(6), definition seized thing—
omit.
20 Amendment of s 205A (Forfeiture of bongs and ice pipes)
(1) Section 205A(1)(a), after ‘pipe’—
insert—
, or a component of a bong or ice pipe
(2) Section 205A(2)(a)—
omit, insert—
(a) the chief executive believes—
(i) the seized thing is a bong or ice pipe, or
a component of a bong or ice pipe; and
(ii) it is necessary to keep the seized thing
to prevent it being used to commit the
offence for which it was seized; and
(3) Section 205A(6)—
omit.
21 Insertion of new s 205BA
After section 205B—
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Authorised by the Parliamentary Counsel
[s 22]
Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Tobacco and Other Smoking Products Act 1998
insert—
205BA Forfeiture of compromised goods
(1) The chief executive may decide a seized thing is
forfeited to the State if the chief executive is
satisfied—
(a) the thing is compromised goods; and
(b) either—
(i) a relevant product under section 205(6)
was present at the place in which the
thing was seized and has been forfeited
under section 205; or
(ii) vaping goods were present at the place
in which the thing was seized and have
been forfeited under section 205B.
(2) The chief executive is not required to provide
procedural fairness in making the decision.
22 Insertion of new pt 11, div 4AA
After part 11, division 4—
insert—
Division 4AA Controlled purchase
operations
208 Definitions for division
In this division—
controlled purchase officer means a person
authorised to be a controlled purchase officer
under section 208A.
controlled purchase operation see section
208B(1).
prescribed offence means an offence against
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