retrieval-0004Document excerpt 4

Page 37 Authorised by the Parliamentary Counsel [s 32] 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 information includes a document. 32 Amendment of s 219 (Compensation) (1) Section 219— insert— (2A) Despite subsection (1), a person may claim compensation for loss or expense incurred because of the exercise or purported exercise of a power to make a closure order only if— (a) the order is revoked; or (b) the order is found to have been wrongfully made; or (c) the order is found by a court to be invalid. (2) Section 219(2A) to (4)— renumber as section 219(3) to (5). 33 Amendment of s 224 (Definition for division) Section 224, definition forfeiture decision, paragraph (b), after ‘pipe’— insert— , or a component of a bong or ice pipe, 34 Insertion of new s 229A After section 229— insert— 229A Evidentiary provisions (1) In a proceeding under or in relation to this Act, a certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— 1 Clause 2 3 4 5 6 7 8 9 10 11 12 13 14 Clause 15 16 17 18 19 Clause 20 21 22 23 24 25 26 27

Page 38 Authorised by the Parliamentary Counsel [s 34] 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 (a) a stated document is any of the following— (i) a retail licence; (ii) a retail licence (liquor); (iii) a wholesale licence; (iv) a notice, direction, order or other document given by the chief executive or another entity under this Act; (v) an approved form; (vi) an identity card; (vii) a document given to the chief executive under this Act; (b) a stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a); (c) on a stated day, or during a stated period, a person’s appointment as an authorised person, a controlled purchase officer or a chief executive officer was, or was not, in effect; (d) on a stated day, or during a stated period, an authorisation under section 208B of a controlled purchase operation was, or was not, in effect; (e) on a stated day, or during a stated period, a variation under section 208E of an authorisation of a controlled purchase operation was, or was not, in effect; (f) on a stated day, or during a stated period, an authorised person was authorised to supervise a controlled purchase operation; (g) on a stated day, or during a stated period, a retail licence, retail licence (liquor) or wholesale licence— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Page 39 Authorised by the Parliamentary Counsel [s 35] 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 (i) was or was not in effect; or (ii) was or was not subject to a stated condition; (h) on a stated day, a retail licence, retail licence (liquor) or wholesale licence was suspended for a stated period or cancelled; (i) on a stated day, a stated person was given a stated notice, direction, order or other document under this Act; (j) on a stated day, a stated requirement was made of a stated person; (k) on a stated day, a stated amount was payable under this Act by a stated person and has not been paid; (l) that a stated method of storage, preservation, handling or transportation of a thing, or a sample of or from a thing, taken under this Act has not materially affected the attributes of the thing or sample. (2) In a proceeding for an offence in which an application is made under section 223A to recover costs incurred by the State because of the offence, a certificate purporting to be signed by the chief executive stating that stated costs were incurred and the way in which, and purpose for which, the stated costs were incurred is evidence of the matters stated. 35 Replacement of s 230A (Liability of executive officer—offence committed by corporation against executive liability provision) Section 230A— omit, insert— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Clause 28 29 30 31 32

Page 40 Authorised by the Parliamentary Counsel [s 35] 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 230A Liability of executive officer—offence committed by corporation against executive liability (evidential burden) provision (1) If a corporation commits an offence against an executive liability (evidential burden) provision, each executive officer of the corporation is taken to have also committed an offence against the provision. Maximum penalty—the penalty for a contravention of the executive liability (evidential burden) provision by an individual. (2) However, the executive officer is not taken to have also committed an offence against the executive liability (evidential burden) provision if— (a) firstly, the officer satisfies the evidential burden of showing that— (i) the officer did not know, and could not reasonably have been expected to have known, of the corporation’s conduct constituting its offence against the executive liability (evidential burden) provision; or (ii) the officer took all reasonable steps to ensure the corporation did not engage in the conduct constituting its offence against the executive liability (evidential burden) provision; and (b) secondly, the officer having complied with paragraph (a), the prosecution does not prove the contrary beyond reasonable doubt. (3) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (2)(a)(ii), a court must have regard to whether the officer was in a position to influence the corporation’s conduct in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Page 41 Authorised by the Parliamentary Counsel [s 36] 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 relation to its offence against the executive liability (evidential burden) provision. (4) The executive officer may be proceeded against for, and convicted of, an offence against the executive liability (evidential burden) provision whether or not the corporation has been proceeded against for, or convicted of, its offence against the executive liability (evidential burden) provision. (5) This section does not affect either of the following— (a) the liability of the corporation for its offence against the executive liability (evidential burden) provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the corporation’s offence against the executive liability (evidential burden) provision. (6) In this subsection— executive liability (evidential burden) provision means any of the following provisions— (a) section 65; (b) section 66; (c) section 67; (d) section 161; (e) section 161A. 36 Amendment of s 231 (Act does not create or preserve right to smoke) Section 231(1), ‘in or’— omit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Clause 29 30 31 32

Page 42 Authorised by the Parliamentary Counsel [s 37] 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 37 Amendment of s 242B (Application of amended s 208) Section 242B— insert— Note— Section 208 was relocated and renumbered as section 202B by the Health Legislation Amendment Act 2025. 38 Insertion of new pt 13, div 4 Part 13— insert— Division 4 Transitional provisions for Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Act 2025 243 Definition for division In this division— new, in relation to a provision of this Act, means the provision as in force from the commencement. 244 Notification of particular events (1) New section 47 applies in relation to a licensee only if the licensee’s licence was issued after the commencement. (2) Despite the amendment of section 47 by the Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Act 2025, former section 47 continues to apply in relation to a licensee Clause 1 2 3 4 5 6 Clause 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Page 43 Authorised by the Parliamentary Counsel [s 38] 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 whose licence was issued before the commencement. (3) In this section— former section 47 means section 47 as in force immediately before the commencement. 245 Proceedings for particular offences (1) This section applies in relation to an offence against former section 158, 159, 209C or 230A committed by a person before the commencement. (2) Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if new section 158, 159, 209C or 230A had not commenced. (3) Subsection (2) applies despite the Criminal Code, section 11. (4) In this section— former section 158, 159, 209C or 230A means section 158, 159, 209C or 230A of this Act as in force from time to time before the commencement. 246 Application for long-term closure order made before commencement (1) A long-term closure order made after the commencement on an application under former section 209B made before the commencement is taken to be a long-term closure order under this Act. (2) In this section— former section 209B means section 209B of this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 44 Authorised by the Parliamentary Counsel [s 39] 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 Act as in force from time to time before the commencement. 247 New provisions applying to relevant lessors (1) New part 11, division 4A, subdivision 3 applies in relation to a lease under new section 209CA whether the lease was entered into before or after the commencement. (2) However, new part 11, division 4A, subdivision 3 applies in relation to a closure order only if the order is made after the commencement. 248 New evidentiary provisions New section 229A applies in relation to a proceeding— (a) whether the proceeding was started before or after the commencement; and (b) whether the offence or contravention, if any, relating to the proceeding was committed before or after the commencement. 39 Amendment of sch 1 (Dictionary) (1) Schedule 1, definitions acknowledgement certification requirement, acknowledgement production requirement and premises— omit. (2) Schedule 1— insert— ABN means the ABN under the A New Tax System (Australian Business Number) Act 1999 (Cwlth), section 41. at, a place, includes in or on the place. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Clause 19 20 21 22 23 24 25 26 27 28 29

Page 45 Authorised by the Parliamentary Counsel [s 39] 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 closure order means— (a) a short-term closure order; or (b) a long-term closure order. component— (a) of a bong, see section 159(4); or (b) of an ice pipe, see section 158(4); or (c) of a hookah, includes a base, bowl, diffuser, grommet, hose, mouthpiece, stem, tray and valve. compromised goods, for part 11, division 4, see section 194A. controlled purchase officer see section 208. controlled purchase operation see section 208B(1). identity card means an identity card issued to an authorised person under section 173. infringement notice, for part 11, division 4A, subdivision 2, see section 209A. lease, for part 11, division 4A, subdivision 3, see section 209CA. long-term closure order see section 209BA(1). mobile premises, for part 11, division 4A, subdivision 2, see section 209A. premises— (a) generally, includes— (i) a building or other structure; and (ii) a part of a building or other structure; and (iii) land where a building or other structure is situated; and (iv) a vehicle; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Page 46 Authorised by the Parliamentary Counsel [s 39] 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 (b) for part 11, division 4A, subdivision 3, see section 209CA. prescribed offence, for part 11, division 4AA, see section 208. previous enforcement action, for part 11, division 4A, subdivision 2, see section 209A. relevant lessor, for part 11, division 4A, subdivision 3, see section 209CA. seized thing means a thing seized under section 197 or 198. short-term closure order see section 209B(1). tobacco business, for part 11, division 4A, subdivision 3, see section 209CA. © State of Queensland 2025 1 2 3 4 5 6 7 8 9 10 11 12 13