Tobacco and Other Smoking Products Regulation 2021
In ForceQLD
Jurisdiction
Queensland
Act Number
111 of 2021
Collection
regulation
Plain English Summary
6/10 complexity
This regulation sets detailed rules for selling, displaying and labelling tobacco and related products. It prescribes licence display and invoice content, strict price‑ticket and signage formats, defined smoke‑free outdoor areas, limits that trigger illicit‑goods offences, and fees and transitional arrangements for retail and wholesale licences. It affects retailers, wholesalers, vending‑machine operators, pool/national‑park managers and anyone supplying nicotine products, because it creates concrete compliance obligations (formatting, quantities, fees and where smoking is banned) enforced under the Act.
This regulation prescribes detailed, technical rules that implement and refine obligations in the Tobacco and Other Smoking Products Act 1998 (the Act). Mechanically, the regulation sets out precise formatting, content and placement requirements for licences, invoices and signs; it prescribes which ancillary products count as "smoking related products"; it specifies spatial definitions for smoke‑free outdoor places; it fixes quantitative thresholds for illicit tobacco and illicit nicotine goods; it limits display of certain smoking apparatus; and it establishes the schedule of fees (and limited transitional fee amounts) for retail and wholesale licence applications. The regulation also contains transitional provisions preserving some existing signs for a limited period and phases in the operation of new fee settings for applications made between 1 September 2023 and 31 July 2024.
Key commencement timings are specified (sec 2): the regulation generally commenced on 1 September 2021, except part 7 which commenced on 1 March 2022. The regulation amends and supplements definitions and requirements in the Act by prescription. For example, it prescribes what counts as a smoking related product (sec 3), how an approved copy of a retail or wholesale licence must look and what information it must contain (sec 2A), the required contents of invoices for supply to retailers (sec 2B), and exact form and placement of mandatory and permitted signage at points of sale and on vending machines (secs 7, 8, 10). It also prescribes very particular requirements for price tickets at points of sale (sec 4) and for tobacco product vending machines (secs 5 and 6). The regulation prescribes the limits on display of hookahs at premises (sec 15), and quantifies "commercial quantity" for illicit tobacco (sec 15A) and permitted quantities for illicit nicotine products (sec 15AA). It further prescribes that nicotine pouches are an illicit nicotine product for the purposes of the Act and defines the concept (sec 15AB). Fees for licences are stated to be in schedule 2 (sec 15C), with a refund obligation where an application is refused or withdrawn (sec 15D). Transitional rules for signage and for staged fee amounts are in parts 6 and 6‑div sections (secs 16-18). Wherever the regulation prescribes an obligation it does so by reference to the corresponding provision of the Act (for example, approved copy,Act s 48, invoices,Act s 49, price ticket,Act ss 94 and 99, mandatory/permitted/no smoking signs,Act ss 97 and 113, smoke‑free areas,Act ss 140, 146, 153, prohibited products,Act ss 160-161A).
Current sections
Direct links to the current provisions in Tobacco and Other Smoking Products Regulation 2021.
38
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Tobacco and Other Smoking Products Regulation 2021 .
sec.2
Commencement
sec.2 Commencement
This regulation, other than part 7 , commences on 1 September 2021.
Part 7 commences on 1 March 2022.
(sec.2-ssec.1) This regulation, other than part 7 , commences on 1 September 2021.
(sec.2-ssec.2) Part 7 commences on 1 March 2022.
pt.1A
Retail and wholesale licences
Retail and wholesale licences
sec.2A
Approved copy of retail or wholesale licence— Act , s 48
sec.2A Approved copy of retail or wholesale licence— Act , s 48
For section 48 (5) of the Act , definition approved copy , paragraph (a) , the following requirements are prescribed—
the symbols, images or words displayed on the copy of the licence must be in black on a white background;
the copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ;
if the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.
For section 48 (5) of the Act , definition approved copy , paragraph (b) , the following information is prescribed—
if the licensee displays a copy of the licence that contains extracts from the licence—the following information—
for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;
for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;
for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;
the unique identification number of the licence;
a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;
if the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.
s 2A ins 2023 SL No. 82 s 7
(sec.2A-ssec.1) For section 48 (5) of the Act , definition approved copy , paragraph (a) , the following requirements are prescribed— the symbols, images or words displayed on the copy of the licence must be in black on a white background; the copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ; if the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.
(sec.2A-ssec.2) For section 48 (5) of the Act , definition approved copy , paragraph (b) , the following information is prescribed— if the licensee displays a copy of the licence that contains extracts from the licence—the following information— for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’; for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’; for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’; the unique identification number of the licence; a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ; if the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.
(a) the symbols, images or words displayed on the copy of the licence must be in black on a white background;
(b) the copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ;
(c) if the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.
(a) if the licensee displays a copy of the licence that contains extracts from the licence—the following information— (i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’; (ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’; (iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’; (iv) the unique identification number of the licence; (v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;
(i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;
(ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;
(iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;
(iv) the unique identification number of the licence;
(v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;
(b) if the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.
(i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;
(ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;
(iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;
(iv) the unique identification number of the licence;
(v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;
sec.2B
Invoices for supply to retailers— Act , s 49
sec.2B Invoices for supply to retailers— Act , s 49
For section 49 (2) of the Act , the requirements prescribed are that the invoice must contain the following details—
the unique identifier for the invoice;
the date of the supply of the smoking product;
the brand name, type, variant and quantity of the smoking product;
the following details of the retailer and licensee—
business names;
contact details;
ABNs or ACNs.
The details mentioned in subsection (1) (a) to (d) that are contained in the invoice must be clearly visible.
s 2B ins 2023 SL No. 82 s 7
(sec.2B-ssec.1) For section 49 (2) of the Act , the requirements prescribed are that the invoice must contain the following details— the unique identifier for the invoice; the date of the supply of the smoking product; the brand name, type, variant and quantity of the smoking product; the following details of the retailer and licensee— business names; contact details; ABNs or ACNs.
(sec.2B-ssec.2) The details mentioned in subsection (1) (a) to (d) that are contained in the invoice must be clearly visible.
(a) the unique identifier for the invoice;
(b) the date of the supply of the smoking product;
(c) the brand name, type, variant and quantity of the smoking product;
(d) the following details of the retailer and licensee— (i) business names; (ii) contact details; (iii) ABNs or ACNs.
(i) business names;
(ii) contact details;
(iii) ABNs or ACNs.
(i) business names;
(ii) contact details;
(iii) ABNs or ACNs.
pt.2
Promotion of smoking products
Promotion of smoking products
sec.3
Smoking related products— Act , s 88
sec.3 Smoking related products— Act , s 88
For section 88 of the Act , definition smoking related product , each of the following products is prescribed—
a cigarette paper (whether or not the paper is pre-rolled);
another product sold to enclose loose tobacco or a loose smoking blend;
flavouring sold for the purpose of flavouring a tobacco product or a loose smoking blend;
a machine for injecting loose tobacco or a loose smoking blend into a pre-rolled paper or another product sold to enclose loose tobacco or a loose smoking blend;
a cigarette filter;
a cigarette tip;
a machine for rolling a cigarette or herbal cigarette;
a mouthpiece used to hold a cigar, cigarette or herbal cigarette;
a cigar cutter;
a pipe used for smoking loose tobacco or a loose smoking blend;
a filter, grate or screen for a pipe mentioned in paragraph (j) .
s 3 sub 2021 SL No. 111 s 18
(a) a cigarette paper (whether or not the paper is pre-rolled);
(b) another product sold to enclose loose tobacco or a loose smoking blend;
(c) flavouring sold for the purpose of flavouring a tobacco product or a loose smoking blend;
(d) a machine for injecting loose tobacco or a loose smoking blend into a pre-rolled paper or another product sold to enclose loose tobacco or a loose smoking blend;
(e) a cigarette filter;
(f) a cigarette tip;
(g) a machine for rolling a cigarette or herbal cigarette;
(h) a mouthpiece used to hold a cigar, cigarette or herbal cigarette;
(i) a cigar cutter;
(j) a pipe used for smoking loose tobacco or a loose smoking blend;
(k) a filter, grate or screen for a pipe mentioned in paragraph (j) .
sec.4
Price ticket for relevant point of sale— Act , s 94
sec.4 Price ticket for relevant point of sale— Act , s 94
For section 94 (2) (b) of the Act , this section prescribes the requirements for a price ticket for a relevant point of sale.
The price ticket—
must not be larger than 80mm x 40mm; and
must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and
must use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and
10 point, bold and Times New Roman
must use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and
if the price ticket is for an immediate package of a product line, may only display—
words that indicate 1 or more of the following—
the name of the product line;
the number of items in the immediate package;
the price of the immediate package;
the country of origin of the product line; and
a bar code, or similar identification code, for the product line; and
if the price ticket is for a carton of a product line, may only display—
words that indicate 1 or more of the following—
the name of the product line;
the number of immediate packages in the carton;
the price of the carton;
the country of origin of the product line; and
a bar code, or similar identification code, for the product line.
The words, bar code or similar identification code displayed on the price ticket must be—
in white on a black background; or
in black on a white background.
However, if, in a retail outlet, price tickets for goods other than smoking products have information about the goods in 1 colour on a background of another colour, the words, bar code or similar identification code may be displayed in those colours.
s 4 amd 2021 SL No. 111 s 19
(sec.4-ssec.1) For section 94 (2) (b) of the Act , this section prescribes the requirements for a price ticket for a relevant point of sale.
(sec.4-ssec.2) The price ticket— must not be larger than 80mm x 40mm; and must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and must use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and 10 point, bold and Times New Roman must use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and if the price ticket is for an immediate package of a product line, may only display— words that indicate 1 or more of the following— the name of the product line; the number of items in the immediate package; the price of the immediate package; the country of origin of the product line; and a bar code, or similar identification code, for the product line; and if the price ticket is for a carton of a product line, may only display— words that indicate 1 or more of the following— the name of the product line; the number of immediate packages in the carton; the price of the carton; the country of origin of the product line; and a bar code, or similar identification code, for the product line.
(sec.4-ssec.3) The words, bar code or similar identification code displayed on the price ticket must be— in white on a black background; or in black on a white background.
(sec.4-ssec.4) However, if, in a retail outlet, price tickets for goods other than smoking products have information about the goods in 1 colour on a background of another colour, the words, bar code or similar identification code may be displayed in those colours.
(a) must not be larger than 80mm x 40mm; and
(b) must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and
(c) must use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and Example of a font size, style and typeface— 10 point, bold and Times New Roman
(d) must use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and
(e) if the price ticket is for an immediate package of a product line, may only display— (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and (ii) a bar code, or similar identification code, for the product line; and
(i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and
(A) the name of the product line;
(B) the number of items in the immediate package;
(C) the price of the immediate package;
(D) the country of origin of the product line; and
(ii) a bar code, or similar identification code, for the product line; and
(f) if the price ticket is for a carton of a product line, may only display— (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and (ii) a bar code, or similar identification code, for the product line.
(i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and
(A) the name of the product line;
(B) the number of immediate packages in the carton;
(C) the price of the carton;
(D) the country of origin of the product line; and
(ii) a bar code, or similar identification code, for the product line.
(i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and
(A) the name of the product line;
(B) the number of items in the immediate package;
(C) the price of the immediate package;
(D) the country of origin of the product line; and
(ii) a bar code, or similar identification code, for the product line; and
(A) the name of the product line;
(B) the number of items in the immediate package;
(C) the price of the immediate package;
(D) the country of origin of the product line; and
(i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and
(A) the name of the product line;
(B) the number of immediate packages in the carton;
(C) the price of the carton;
(D) the country of origin of the product line; and
(ii) a bar code, or similar identification code, for the product line.
(A) the name of the product line;
(B) the number of immediate packages in the carton;
(C) the price of the carton;
(D) the country of origin of the product line; and
(a) in white on a black background; or
(b) in black on a white background.
sec.5
Price ticket for tobacco product vending machine— Act , s 99
sec.5 Price ticket for tobacco product vending machine— Act , s 99
For section 99 (1) of the Act , this section prescribes the requirements for a price ticket for a tobacco product vending machine.
The price ticket—
must not be larger than 80mm x 40mm; and
must be the same size and colour as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and
must use the same font size, style and typeface as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and
10 point, bold and Times New Roman
must use the same spacing between words and letters as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and
may only display—
words that indicate 1 or more of the following—
the name of a product line;
the number of items in an immediate package;
the price of an immediate package;
the country of origin of a product line; and
a bar code, or similar identification code, for a product line.
The words, bar code or similar identification code displayed on the price ticket must be—
in white on a black background; or
in black on a white background; or
in any 1 colour on a background of any other 1 colour.
All the price tickets for a tobacco product vending machine must be in the same 2 colours.
s 5 amd 2021 SL No. 111 s 20
(sec.5-ssec.1) For section 99 (1) of the Act , this section prescribes the requirements for a price ticket for a tobacco product vending machine.
(sec.5-ssec.2) The price ticket— must not be larger than 80mm x 40mm; and must be the same size and colour as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and must use the same font size, style and typeface as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and 10 point, bold and Times New Roman must use the same spacing between words and letters as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and may only display— words that indicate 1 or more of the following— the name of a product line; the number of items in an immediate package; the price of an immediate package; the country of origin of a product line; and a bar code, or similar identification code, for a product line.
(sec.5-ssec.3) The words, bar code or similar identification code displayed on the price ticket must be— in white on a black background; or in black on a white background; or in any 1 colour on a background of any other 1 colour.
(sec.5-ssec.4) All the price tickets for a tobacco product vending machine must be in the same 2 colours.
(a) must not be larger than 80mm x 40mm; and
(b) must be the same size and colour as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and
(c) must use the same font size, style and typeface as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and Example of a font size, style and typeface— 10 point, bold and Times New Roman
(d) must use the same spacing between words and letters as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and
(e) may only display— (i) words that indicate 1 or more of the following— (A) the name of a product line; (B) the number of items in an immediate package; (C) the price of an immediate package; (D) the country of origin of a product line; and (ii) a bar code, or similar identification code, for a product line.
(i) words that indicate 1 or more of the following— (A) the name of a product line; (B) the number of items in an immediate package; (C) the price of an immediate package; (D) the country of origin of a product line; and
(A) the name of a product line;
(B) the number of items in an immediate package;
(C) the price of an immediate package;
(D) the country of origin of a product line; and
(ii) a bar code, or similar identification code, for a product line.
(i) words that indicate 1 or more of the following— (A) the name of a product line; (B) the number of items in an immediate package; (C) the price of an immediate package; (D) the country of origin of a product line; and
(A) the name of a product line;
(B) the number of items in an immediate package;
(C) the price of an immediate package;
(D) the country of origin of a product line; and
(ii) a bar code, or similar identification code, for a product line.
(A) the name of a product line;
(B) the number of items in an immediate package;
(C) the price of an immediate package;
(D) the country of origin of a product line; and
(a) in white on a black background; or
(b) in black on a white background; or
(c) in any 1 colour on a background of any other 1 colour.
sec.6
Other indicator of price for a tobacco product vending machine— Act , s 99
sec.6 Other indicator of price for a tobacco product vending machine— Act , s 99
For section 99 (1) of the Act , this section prescribes the requirements for an indicator of price, other than a price ticket, for a tobacco product vending machine.
an electronic display in a tobacco product vending machine
An indicator of price may only display words that indicate 1 or more of the following—
the name of a product line;
the number of items in an immediate package;
the price of an immediate package;
the country of origin of a product line.
(sec.6-ssec.1) For section 99 (1) of the Act , this section prescribes the requirements for an indicator of price, other than a price ticket, for a tobacco product vending machine. an electronic display in a tobacco product vending machine
(sec.6-ssec.2) An indicator of price may only display words that indicate 1 or more of the following— the name of a product line; the number of items in an immediate package; the price of an immediate package; the country of origin of a product line.
(a) the name of a product line;
(b) the number of items in an immediate package;
(c) the price of an immediate package;
(d) the country of origin of a product line.
pt.3
Signs
Signs
pt.3-div.1
Form of signs
Form of signs
sec.7
Form of mandatory sign— Act , ss 97 and 101
sec.7 Form of mandatory sign— Act , ss 97 and 101
For section 97 (5) of the Act , definition mandatory sign and section 101 of the Act , a mandatory sign must—
be at least 210mm x 297mm; and
display only the following words in the following sequence—
‘It is an offence to supply a smoking product to a person under 18 years
Penalties apply
Proof of age may be required
Quitline 13 7848’.
The words required to be displayed under subsection (1) (b) must be—
at least 8mm in height; and
in, or in a combination of, the following—
white on a black background;
black on a white background.
However, the words ‘Quitline 13 7848’ may be replaced by the following logo—
Despite subsection (1) (b) , the mandatory sign may also display a reference to the State, the department or the Act .
s 7 amd 2023 SL No. 82 s 14 sch 1
(sec.7-ssec.1) For section 97 (5) of the Act , definition mandatory sign and section 101 of the Act , a mandatory sign must— be at least 210mm x 297mm; and display only the following words in the following sequence— ‘It is an offence to supply a smoking product to a person under 18 years Penalties apply Proof of age may be required Quitline 13 7848’.
(sec.7-ssec.2) The words required to be displayed under subsection (1) (b) must be— at least 8mm in height; and in, or in a combination of, the following— white on a black background; black on a white background.
(sec.7-ssec.3) However, the words ‘Quitline 13 7848’ may be replaced by the following logo—
(sec.7-ssec.4) Despite subsection (1) (b) , the mandatory sign may also display a reference to the State, the department or the Act .
(a) be at least 210mm x 297mm; and
(b) display only the following words in the following sequence—
‘It is an offence to supply a smoking product to a person under 18 years
Penalties apply
Proof of age may be required
Quitline 13 7848’.
(a) at least 8mm in height; and
(b) in, or in a combination of, the following— (i) white on a black background; (ii) black on a white background.
(i) white on a black background;
(ii) black on a white background.
(i) white on a black background;
(ii) black on a white background.
sec.8
Form of permitted sign— Act , s 97
sec.8 Form of permitted sign— Act , s 97
For section 97 (5) of the Act , definition permitted sign , a permitted sign must—
be no larger than 210mm x 148mm; and
display only the following words in the following sequence—
‘Smoking products sold here’.
The words required to be displayed under subsection (1) (b) must be—
17mm or less in height; and
in Arial or Times New Roman typeface; and
in black on a white background.
Also, the words required to be displayed under subsection (1) (b) must not be—
in bold or italics; or
underlined.
s 8 amd 2023 SL No. 82 s 14 sch 1
(sec.8-ssec.1) For section 97 (5) of the Act , definition permitted sign , a permitted sign must— be no larger than 210mm x 148mm; and display only the following words in the following sequence— ‘Smoking products sold here’.
(sec.8-ssec.2) The words required to be displayed under subsection (1) (b) must be— 17mm or less in height; and in Arial or Times New Roman typeface; and in black on a white background.
(sec.8-ssec.3) Also, the words required to be displayed under subsection (1) (b) must not be— in bold or italics; or underlined.
(a) be no larger than 210mm x 148mm; and
(b) display only the following words in the following sequence— ‘Smoking products sold here’.
(a) 17mm or less in height; and
(b) in Arial or Times New Roman typeface; and
(c) in black on a white background.
(a) in bold or italics; or
(b) underlined.
sec.9
Form of no smoking sign— Act , s 113
sec.9 Form of no smoking sign— Act , s 113
For section 113 (3) of the Act , definition no smoking sign , the following requirements are prescribed—
the sign must display one of the following symbols (each a no smoking symbol )—
a circle and a diagonal line over a depiction of a cigarette and smoke;
a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette;
the sign may display words that indicate smoking is not permitted.
The no smoking symbol must be at least 70mm in diameter.
Nothing in subsection (1) prevents the sign displaying a reference to the State, the department or the Act .
(sec.9-ssec.1) For section 113 (3) of the Act , definition no smoking sign , the following requirements are prescribed— the sign must display one of the following symbols (each a no smoking symbol )— a circle and a diagonal line over a depiction of a cigarette and smoke; a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette; the sign may display words that indicate smoking is not permitted.
(sec.9-ssec.2) The no smoking symbol must be at least 70mm in diameter.
(sec.9-ssec.3) Nothing in subsection (1) prevents the sign displaying a reference to the State, the department or the Act .
(a) the sign must display one of the following symbols (each a no smoking symbol )— (i) a circle and a diagonal line over a depiction of a cigarette and smoke; Example— (ii) a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette; Example—
(i) a circle and a diagonal line over a depiction of a cigarette and smoke; Example—
(ii) a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette; Example—
(b) the sign may display words that indicate smoking is not permitted.
(i) a circle and a diagonal line over a depiction of a cigarette and smoke; Example—
(ii) a circle and a diagonal line over a depiction of a cigarette and smoke and an electronic cigarette; Example—
pt.3-div.2
Display of signs
Display of signs
sec.10
Attachment of mandatory sign for tobacco product vending machine— Act , s 101
sec.10 Attachment of mandatory sign for tobacco product vending machine— Act , s 101
For section 101 of the Act , a mandatory sign must be attached to the front of a tobacco product vending machine, or near the machine, so that the sign is easily visible to a person obtaining a tobacco product from the machine.
sec.11
Display of no smoking sign at particular premises— Act , s 113
sec.11 Display of no smoking sign at particular premises— Act , s 113
For section 113 (2) of the Act , a no smoking sign must be displayed in a place that is easily visible to a person who is about to enter premises mentioned in section 113 (1) (a) or (b) of the Act .
pt.4
Smoke-free outdoor places
Smoke-free outdoor places
sec.12
Government precincts— Act , s 140
sec.12 Government precincts— Act , s 140
For section 140 (3) of the Act , definition government precinct , paragraph (b) , the following land is prescribed—
for the building known as 33 Charlotte Street, Brisbane—lot 3 on SP102562;
for the building known as 63 George Street, Brisbane—lot 23 on SP180748;
for the building known as 111 George Street, Brisbane—
lot 2 on RP640; and
lots 1, 2, 3 and 4 on RP43986; and
lot 1 on RP641;
for the building known as Education House, 30 Mary Street, Brisbane—lot 14 on crown plan SL12186;
for the building known as 61 Mary Street, Brisbane—lot 22 on RP178621;
for the building known as 1 William Street, Brisbane—
lot 1 on SP287539; and
land, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the nearest kerb of a road or to lot 530 on crown plan SL7738; and
lot 530 on crown plan SL7738, other than part of the lot that is a road;
for the building known as Claude Wharton Building, 46 Quay Street, Bundaberg—lot 3 on SP131270;
for the building known as William McCormack Place, 5B Sheridan Street, Cairns—lot 7 on SP146396;
for the building known as Mike Ahern Building, 12 First Avenue, Maroochydore—lot 6 on SP207309;
for the building known as Brendan Hansen Building, 50–54 Main Street, Pialba—lot 3 on SP108932;
for the building known as James Larcombe Place, 209 Bolsover Street, Rockhampton—lot 1 on crown plan 801453;
for the building known as Government Office Building No. 3, 187–209 Stanley Street, Townsville—lot 21 on crown plan EP2035;
a footpath, or nature strip, adjacent to the land mentioned in any of paragraphs (a) to (f) or (h) to (m) .
s 12 amd 2025 SL No. 20 s 5
(a) for the building known as 33 Charlotte Street, Brisbane—lot 3 on SP102562;
(b) for the building known as 63 George Street, Brisbane—lot 23 on SP180748;
(c) for the building known as 111 George Street, Brisbane— (i) lot 2 on RP640; and (ii) lots 1, 2, 3 and 4 on RP43986; and (iii) lot 1 on RP641;
(i) lot 2 on RP640; and
(ii) lots 1, 2, 3 and 4 on RP43986; and
(iii) lot 1 on RP641;
(d) for the building known as Education House, 30 Mary Street, Brisbane—lot 14 on crown plan SL12186;
(e) for the building known as 61 Mary Street, Brisbane—lot 22 on RP178621;
(f) for the building known as 1 William Street, Brisbane— (i) lot 1 on SP287539; and (ii) land, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the nearest kerb of a road or to lot 530 on crown plan SL7738; and (iii) lot 530 on crown plan SL7738, other than part of the lot that is a road;
(i) lot 1 on SP287539; and
(ii) land, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the nearest kerb of a road or to lot 530 on crown plan SL7738; and
(iii) lot 530 on crown plan SL7738, other than part of the lot that is a road;
(g) for the building known as Claude Wharton Building, 46 Quay Street, Bundaberg—lot 3 on SP131270;
(h) for the building known as William McCormack Place, 5B Sheridan Street, Cairns—lot 7 on SP146396;
(i) for the building known as Mike Ahern Building, 12 First Avenue, Maroochydore—lot 6 on SP207309;
(j) for the building known as Brendan Hansen Building, 50–54 Main Street, Pialba—lot 3 on SP108932;
(k) for the building known as James Larcombe Place, 209 Bolsover Street, Rockhampton—lot 1 on crown plan 801453;
(l) for the building known as Government Office Building No. 3, 187–209 Stanley Street, Townsville—lot 21 on crown plan EP2035;
(m) a footpath, or nature strip, adjacent to the land mentioned in any of paragraphs (a) to (f) or (h) to (m) .
(i) lot 2 on RP640; and
(ii) lots 1, 2, 3 and 4 on RP43986; and
(iii) lot 1 on RP641;
(i) lot 1 on SP287539; and
(ii) land, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the nearest kerb of a road or to lot 530 on crown plan SL7738; and
(iii) lot 530 on crown plan SL7738, other than part of the lot that is a road;
sec.13 Prescribed outdoor swimming areas— Act , s 146
For section 146 of the Act , definition prescribed outdoor swimming area , the following areas are prescribed—
each of the pools stated in schedule 1 ;
each associated area for the pool.
An associated area for a pool is the area around the pool that includes any of the following—
an area rising from within the pool or a platform over the pool;
an area providing access to the pool;
diving boards or water slides for the pool;
an area adjacent to the pool that is provided for persons to observe swimmers in the pool, change their clothing or sunbathe;
a kiosk or seating area adjacent to the pool;
if the area surrounding the pool is enclosed by a fence or wall—the entire area enclosed by the fence or wall.
However, an associated area for a pool does not extend beyond—
the nearest of the following things to the pool, unless the thing provides access to the pool—
a path, boardwalk, road or thoroughfare;
a building;
a watercourse or other body of water; and
to the extent that paragraph (a) does not limit an associated area to 20m from the edge of the pool—20m from the edge of the pool.
(sec.13-ssec.1) For section 146 of the Act , definition prescribed outdoor swimming area , the following areas are prescribed— each of the pools stated in schedule 1 ; each associated area for the pool.
(sec.13-ssec.2) An associated area for a pool is the area around the pool that includes any of the following— an area rising from within the pool or a platform over the pool; an area providing access to the pool; diving boards or water slides for the pool; an area adjacent to the pool that is provided for persons to observe swimmers in the pool, change their clothing or sunbathe; a kiosk or seating area adjacent to the pool; if the area surrounding the pool is enclosed by a fence or wall—the entire area enclosed by the fence or wall.
(sec.13-ssec.3) However, an associated area for a pool does not extend beyond— the nearest of the following things to the pool, unless the thing provides access to the pool— a path, boardwalk, road or thoroughfare; a building; a watercourse or other body of water; and to the extent that paragraph (a) does not limit an associated area to 20m from the edge of the pool—20m from the edge of the pool.
(a) each of the pools stated in schedule 1 ;
(b) each associated area for the pool.
(a) an area rising from within the pool or a platform over the pool;
(b) an area providing access to the pool;
(c) diving boards or water slides for the pool;
(d) an area adjacent to the pool that is provided for persons to observe swimmers in the pool, change their clothing or sunbathe;
(e) a kiosk or seating area adjacent to the pool;
(f) if the area surrounding the pool is enclosed by a fence or wall—the entire area enclosed by the fence or wall.
(a) the nearest of the following things to the pool, unless the thing provides access to the pool— (i) a path, boardwalk, road or thoroughfare; (ii) a building; (iii) a watercourse or other body of water; and
(i) a path, boardwalk, road or thoroughfare;
(ii) a building;
(iii) a watercourse or other body of water; and
(b) to the extent that paragraph (a) does not limit an associated area to 20m from the edge of the pool—20m from the edge of the pool.
(i) a path, boardwalk, road or thoroughfare;
(ii) a building;
(iii) a watercourse or other body of water; and
sec.14
National parks— Act , s 153
sec.14 National parks— Act , s 153
For section 153 (1) of the Act , the following parts of a national park are prescribed—
a camp site provided by the department and the land around the site within 10m of it;
a public facility provided by the department and the land around the facility within 10m of it.
In this section—
camp site means land on which camping equipment or a tent, caravan or other camping structure is intended to be situated, regardless of whether a person is camping there.
department means the department responsible for the management of national parks.
public facility means—
a barbecue; or
a jetty, boat ramp or landing stage; or
a picnic table; or
a roofed shelter; or
a toilet block; or
a visitor information centre.
(sec.14-ssec.1) For section 153 (1) of the Act , the following parts of a national park are prescribed— a camp site provided by the department and the land around the site within 10m of it; a public facility provided by the department and the land around the facility within 10m of it.
(sec.14-ssec.2) In this section— camp site means land on which camping equipment or a tent, caravan or other camping structure is intended to be situated, regardless of whether a person is camping there. department means the department responsible for the management of national parks. public facility means— a barbecue; or a jetty, boat ramp or landing stage; or a picnic table; or a roofed shelter; or a toilet block; or a visitor information centre.
(a) a camp site provided by the department and the land around the site within 10m of it;
(b) a public facility provided by the department and the land around the facility within 10m of it.
(a) a barbecue; or
(b) a jetty, boat ramp or landing stage; or
(c) a picnic table; or
(d) a roofed shelter; or
(e) a toilet block; or
(f) a visitor information centre.
pt.5
Prohibited products
Prohibited products
sec.15
Display of hookahs— Act , s 160
sec.15 Display of hookahs— Act , s 160
For section 160 (1) of the Act , the number prescribed is 3.
sec.15A
Commercial quantity for illicit tobacco— Act , s 161
sec.15A Commercial quantity for illicit tobacco— Act , s 161
For section 161 (5) of the Act , definition commercial quantity , the quantity prescribed is—
for individual cigarettes—50 cigarettes; or
otherwise—50g of tobacco products other than cigarettes.
s 15A ins 2023 SL No. 82 s 8
(a) for individual cigarettes—50 cigarettes; or
(b) otherwise—50g of tobacco products other than cigarettes.
sec.15AA
Permitted quantity for illicit nicotine product— Act , s 161A
sec.15AA Permitted quantity for illicit nicotine product— Act , s 161A
For section 161A (8) of the Act , definition permitted quantity , the quantity prescribed is—
if the vaping goods are a vaping substance—60mL; and
if the vaping goods are a vaping accessory—4 vaping accessories; and
if the vaping goods are a vaping device—2 vaping devices.
s 15AA ins 2024 Act No. 51 s 35B
(a) if the vaping goods are a vaping substance—60mL; and
(b) if the vaping goods are a vaping accessory—4 vaping accessories; and
(c) if the vaping goods are a vaping device—2 vaping devices.
For the Act , schedule 1 , definition illicit nicotine product , paragraph (b) , a nicotine pouch is prescribed.
For subsection (3) , definition nicotine pouch , paragraph (a) , a receptacle contains a substance if the receptacle—
actually contains the substance; or
is labelled as containing the substance; or
is claimed to contain the substance; or
is reasonably believed or commonly understood to contain the substance.
In this section—
nicotine pouch means a receptacle designed to be placed between the lip and gum that—
contains 1 or more of the following substances to be released from the receptacle and absorbed buccally—
nicotine;
6-methylnicotine;
a substance known as synthetic nicotine;
a nicotine substitute; and
may contain another substance, including, for example, a sweetener or a flavour.
nicotine substitute means a substance giving, or held out as giving, a similar or alternate experience to nicotine, including, for example—
a substance described as—
a nicotine alternative agent; or
a nicotine derivative; or
a no-nicotine nicotine solution; and
a substance held out as—
nicotine free or tobacco free; or
zero nicotine or zero tobacco; or
giving a nicotine-like experience without the nicotine.
s 15AB ins 2025 SL No. 20 s 6
(sec.15AB-ssec.1) For the Act , schedule 1 , definition illicit nicotine product , paragraph (b) , a nicotine pouch is prescribed.
(sec.15AB-ssec.2) For subsection (3) , definition nicotine pouch , paragraph (a) , a receptacle contains a substance if the receptacle— actually contains the substance; or is labelled as containing the substance; or is claimed to contain the substance; or is reasonably believed or commonly understood to contain the substance.
(sec.15AB-ssec.3) In this section— nicotine pouch means a receptacle designed to be placed between the lip and gum that— contains 1 or more of the following substances to be released from the receptacle and absorbed buccally— nicotine; 6-methylnicotine; a substance known as synthetic nicotine; a nicotine substitute; and may contain another substance, including, for example, a sweetener or a flavour. nicotine substitute means a substance giving, or held out as giving, a similar or alternate experience to nicotine, including, for example— a substance described as— a nicotine alternative agent; or a nicotine derivative; or a no-nicotine nicotine solution; and a substance held out as— nicotine free or tobacco free; or zero nicotine or zero tobacco; or giving a nicotine-like experience without the nicotine.
(a) actually contains the substance; or
(b) is labelled as containing the substance; or
(c) is claimed to contain the substance; or
(d) is reasonably believed or commonly understood to contain the substance.
(a) contains 1 or more of the following substances to be released from the receptacle and absorbed buccally— (i) nicotine; (ii) 6-methylnicotine; (iii) a substance known as synthetic nicotine; (iv) a nicotine substitute; and
(i) nicotine;
(ii) 6-methylnicotine;
(iii) a substance known as synthetic nicotine;
(iv) a nicotine substitute; and
(b) may contain another substance, including, for example, a sweetener or a flavour.
(i) nicotine;
(ii) 6-methylnicotine;
(iii) a substance known as synthetic nicotine;
(iv) a nicotine substitute; and
(a) a substance described as— (i) a nicotine alternative agent; or (ii) a nicotine derivative; or (iii) a no-nicotine nicotine solution; and
(i) a nicotine alternative agent; or
(ii) a nicotine derivative; or
(iii) a no-nicotine nicotine solution; and
(b) a substance held out as— (i) nicotine free or tobacco free; or (ii) zero nicotine or zero tobacco; or (iii) giving a nicotine-like experience without the nicotine.
(i) nicotine free or tobacco free; or
(ii) zero nicotine or zero tobacco; or
(iii) giving a nicotine-like experience without the nicotine.
(i) a nicotine alternative agent; or
(ii) a nicotine derivative; or
(iii) a no-nicotine nicotine solution; and
(i) nicotine free or tobacco free; or
(ii) zero nicotine or zero tobacco; or
(iii) giving a nicotine-like experience without the nicotine.
pt.5A
Fees
Fees
sec.15B
Definition for part
sec.15B Definition for part
In this part—
application means an application mentioned in schedule 2 in relation to a retail or wholesale licence.
s 15B ins 2023 SL No. 82 s 9
sec.15C
Fees payable generally
sec.15C Fees payable generally
The fees payable under the Act in relation to a retail or wholesale licence are stated in schedule 2 .
However, if an application is made for a term that is a period that is shorter than 1 year, the fee payable for the application is the proportion of the fee stated in schedule 2 for the application attributable to the number of months, rounded up to whole months, that are in the term.
s 15C ins 2023 SL No. 82 s 9
(sec.15C-ssec.1) The fees payable under the Act in relation to a retail or wholesale licence are stated in schedule 2 .
(sec.15C-ssec.2) However, if an application is made for a term that is a period that is shorter than 1 year, the fee payable for the application is the proportion of the fee stated in schedule 2 for the application attributable to the number of months, rounded up to whole months, that are in the term.
sec.15D
Refused or withdrawn application
sec.15D Refused or withdrawn application
This section applies if—
an applicant has paid the fee for an application; and
the application is refused by the chief executive or withdrawn by the applicant.
The chief executive must refund the fee for the application.
s 15D ins 2023 SL No. 82 s 9
(sec.15D-ssec.1) This section applies if— an applicant has paid the fee for an application; and the application is refused by the chief executive or withdrawn by the applicant.
(sec.15D-ssec.2) The chief executive must refund the fee for the application.
(a) an applicant has paid the fee for an application; and
(b) the application is refused by the chief executive or withdrawn by the applicant.
pt.6
Transitional provisions
Transitional provisions
pt.6-div.1
Transitional provision for SL No. 111 of 2021
Transitional provision for SL No. 111 of 2021
sec.16
Mandatory signs
sec.16 Mandatory signs
This section applies if, immediately before the commencement—
a mandatory sign was displayed at a relevant point of sale or attached to, or near, a tobacco vending machine; and
the mandatory sign complied with the expired Tobacco and Other Smoking Products Regulation 2010 , section 8.
The mandatory sign is taken to comply with section 7 until the earlier of the following—
the sign needs to be replaced;
the sign is stolen, defaced or damaged
1 September 2023.
(sec.16-ssec.1) This section applies if, immediately before the commencement— a mandatory sign was displayed at a relevant point of sale or attached to, or near, a tobacco vending machine; and the mandatory sign complied with the expired Tobacco and Other Smoking Products Regulation 2010 , section 8.
(sec.16-ssec.2) The mandatory sign is taken to comply with section 7 until the earlier of the following— the sign needs to be replaced; the sign is stolen, defaced or damaged 1 September 2023.
(a) a mandatory sign was displayed at a relevant point of sale or attached to, or near, a tobacco vending machine; and
(b) the mandatory sign complied with the expired Tobacco and Other Smoking Products Regulation 2010 , section 8.
(a) the sign needs to be replaced; Example— the sign is stolen, defaced or damaged
(b) 1 September 2023.
pt.6-div.2
Transitional provision for Tobacco and Other Smoking Products and Other Legislation Amendment Regulation 2023
Transitional provision for Tobacco and Other Smoking Products and Other Legislation Amendment Regulation 2023
sec.17
Application for retail or wholesale licence made between 1 September 2023 and 31 July 2024
sec.17 Application for retail or wholesale licence made between 1 September 2023 and 31 July 2024
This section applies to an application for a retail or wholesale licence made between 1 September 2023 and 31 July 2024.
The fee for the application is—
if the application is for a retail licence—the fee stated in column 2 of the following table opposite the month in which the application is made stated in column 1 of the table; or
if the application is for a wholesale licence—the fee stated in column 3 of the following table opposite the month in which the application is made stated in column 1 of the table.
Column 1
Column 2
Column 3
Month in which application is made
Fee for application for retail licence
Fee for application for wholesale licence
September 2023
37.00 fee units
53.00 fee units
October 2023
75.00 fee units
106.00 fee units
November 2023
112.00 fee units
159.00 fee units
December 2023
149.00 fee units
212.00 fee units
January 2024
187.00 fee units
265.00 fee units
February 2024
224.00 fee units
318.00 fee units
March 2024
261.00 fee units
371.00 fee units
April 2024
299.00 fee units
424.00 fee units
May 2024
336.00 fee units
477.00 fee units
June 2024
373.00 fee units
530.00 fee units
July 2024
411.00 fee units
583.00 fee units
s 17 ins 2023 SL No. 82 s 11
(sec.17-ssec.1) This section applies to an application for a retail or wholesale licence made between 1 September 2023 and 31 July 2024.
(sec.17-ssec.2) The fee for the application is— if the application is for a retail licence—the fee stated in column 2 of the following table opposite the month in which the application is made stated in column 1 of the table; or if the application is for a wholesale licence—the fee stated in column 3 of the following table opposite the month in which the application is made stated in column 1 of the table. Column 1 Column 2 Column 3 Month in which application is made Fee for application for retail licence Fee for application for wholesale licence September 2023 37.00 fee units 53.00 fee units October 2023 75.00 fee units 106.00 fee units November 2023 112.00 fee units 159.00 fee units December 2023 149.00 fee units 212.00 fee units January 2024 187.00 fee units 265.00 fee units February 2024 224.00 fee units 318.00 fee units March 2024 261.00 fee units 371.00 fee units April 2024 299.00 fee units 424.00 fee units May 2024 336.00 fee units 477.00 fee units June 2024 373.00 fee units 530.00 fee units July 2024 411.00 fee units 583.00 fee units
(a) if the application is for a retail licence—the fee stated in column 2 of the following table opposite the month in which the application is made stated in column 1 of the table; or
(b) if the application is for a wholesale licence—the fee stated in column 3 of the following table opposite the month in which the application is made stated in column 1 of the table.
sec.18
Section sec.18
s 18 ins 2023 SL No. 82 s 13
exp 2 September 2024 (see s 18(2))
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Tobacco and Other Smoking Products Regulation 2021 .
sec.2 Commencement
sec.2 Commencement
This regulation, other than part 7 , commences on 1 September 2021.
Part 7 commences on 1 March 2022.
(sec.2-ssec.1) This regulation, other than part 7 , commences on 1 September 2021.
(sec.2-ssec.2) Part 7 commences on 1 March 2022.
pt.1A Retail and wholesale licences
Retail and wholesale licences
sec.2A Approved copy of retail or wholesale licence— Act , s 48
sec.2A Approved copy of retail or wholesale licence— Act , s 48
For section 48 (5) of the Act , definition approved copy , paragraph (a) , the following requirements are prescribed—
the symbols, images or words displayed on the copy of the licence must be in black on a white background;
the copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ;
if the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.
For section 48 (5) of the Act , definition approved copy , paragraph (b) , the following information is prescribed—
if the licensee displays a copy of the licence that contains extracts from the licence—the following information—
for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;
for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;
for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;
the unique identification number of the licence;
a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;
if the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.
s 2A ins 2023 SL No. 82 s 7
(sec.2A-ssec.1) For section 48 (5) of the Act , definition approved copy , paragraph (a) , the following requirements are prescribed— the symbols, images or words displayed on the copy of the licence must be in black on a white background; the copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ; if the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.
(sec.2A-ssec.2) For section 48 (5) of the Act , definition approved copy , paragraph (b) , the following information is prescribed— if the licensee displays a copy of the licence that contains extracts from the licence—the following information— for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’; for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’; for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’; the unique identification number of the licence; a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ; if the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.
Main concepts
The regulation operates by prescription: it picks up broader duties in the Act and fills in the technical particulars that make those duties enforceable on the ground. Core concepts addressed in the regulation include:
Approved copy of licence (sec 2A). The regulation prescribes visual and informational requirements for an "approved copy" of a retail or wholesale licence under Act s 48(5). It requires symbols/images/words to be black on white, prohibits content likely to suggest State promotion of smoking product sales (except content actually in the licence), and requires a copy displayed at an outlet to be A4 size. Where extracted information is shown rather than a full copy, the regulation prescribes the specific textual headings (for example, "Tobacco and Other Smoking Products Act 1998 retail licence" or "… retail licence (liquor)"), the unique identification number of the licence, and a link or code to the chief executive's register (sec 2A(2)).
Invoice contents (sec 2B). For supplies to retailers (Act s 49(2)), invoices must include a unique invoice identifier, date of supply, brand name/type/variant/quantity, and retailer/licensee details including business names, contact details and ABN/ACN. These items must be clearly visible.
Smoking related product (sec 3). The regulation prescribes a list of products treated as smoking related products (Act s 88): cigarette paper; other enclosures for loose tobacco; flavourings for tobacco; injection machines for packing loose tobacco into pre‑rolled papers; cigarette filters and tips; machines for rolling cigarettes/herbal cigarettes; mouthpieces, cigar cutters; pipes for smoking loose tobacco; and filters/grates/screens for such pipes.
Price ticket and price indicator rules (secs 4-6). For relevant points of sale and vending machines the regulation prescribes maximum dimensions (80mm x 40mm), strict requirements for uniformity with other tickets in the retail outlet or machine (same size, colour, font size/style/typeface and spacing), permitted content (limited to product line name, item counts, price, country of origin and barcodes), and allowable colour schemes (black on white, white on black, with limited exceptions).
Signs (pts 3 and 3‑divs). Mandatory sign content and form are tightly prescribed (sec 7): a minimum size (210mm x 297mm), exact words in exact sequence with minimum font height, and limited colour options; the mandatory sign may additionally include a reference to the State, the department or the Act. Permitted Sign form is limited in size and text format (sec 8). No smoking signs must carry one of two prescribed symbols and the symbol must be at least 70mm diameter (sec 9). Placement rules require mandatory signs to be attached to the front or near vending machines so they are easily visible (sec 10) and no smoking signs to be easily visible to persons about to enter prescribed premises (sec 11).
Smoke‑free outdoor places (secs 12-14). The regulation prescribes specific land parcels and adjacent footpaths for designated government precincts (sec 12), prescribes outdoor swimming pools and associated areas (sec 13), and prescribes parts of national parks for smoke‑free rules (sec 14), with associated spatial definitions (for example, associated areas around pools and 10m zones around campsites and public facilities).
Prohibited products thresholds (secs 15, 15A, 15AA, 15AB). The regulation prescribes: the maximum number of hookahs that may be displayed (3) (sec 15); the "commercial quantity" threshold for illicit tobacco (50 individual cigarettes or otherwise 50g of tobacco products) (sec 15A); the "permitted quantity" for illicit nicotine products (60mL vaping substance, 4 vaping accessories, 2 vaping devices) (sec 15AA); and that nicotine pouches are prescribed as an illicit nicotine product, with an inclusive definition of a nicotine pouch and of "contains" that includes labelling or reasonable belief (sec 15AB).
Fees and refunds (secs 15B-15D and schedule references). The fees payable for retail and wholesale licences are stated to be in schedule 2 (sec 15C). If an application term is less than one year the fee is apportioned monthly. The chief executive must refund fees for applications that are refused or withdrawn (sec 15D). Transitional fee amounts for applications made between 1 September 2023 and 31 July 2024 are prescribed in a month-by-month table (sec 17).
Transitional arrangements (secs 16-18). The regulation preserves certain existing mandatory signs compliant with the previous regulation until replacement is necessary or until 1 September 2023 (sec 16). Section 17 prescribes interim fee levels for applications made in a specified window. Section 18 is noted as inserted with an expiry date recorded in the extract but its content is not set out in the provided text.
Each of these concepts is a prescription that converts a broader legislative obligation in the Act into specific, measurable compliance requirements that can be checked visually, by paperwork, or by reference toquantities.
Who it affects
The regulation directly and indirectly affects a defined set of actors. The principal categories are:
Retail licence holders (retailers) and applicants. The regulation prescribes display of an approved copy of a retail licence at the outlet (size and content requirements) (sec 2A), imposes invoice content requirements for supplies to retailers (sec 2B), constrains the form of permitted and mandatory signage at points of sale (secs 7-8), and prescribes price ticket format for relevant points of sale (sec 4). Retailers applying for licences are subject to the fee schedule (sec 15C) and transitional fee table if applying between specified dates (sec 17).
Wholesale licence holders (wholesalers) and applicants. Wholesalers must comply with the approved-copy display rules if they display licences (sec 2A), provide invoices meeting the prescribed details when supplying retailers (sec 2B), and pay fees for wholesale licences as set out in schedule 2 and transitional amounts where applicable (secs 15C, 17).
Suppliers and distributors. Entities supplying smoking products into the retail chain will need to ensure their invoices contain the unique identifier, brand/type/variant/quantity and ABN/ACN details as prescribed (sec 2B). Those supplying nicotine goods need to be aware of the prescribed permitted quantities for illicit nicotine products (sec 15AA) and of nicotine pouches being prescribed as illicit nicotine products (sec 15AB).
Operators or owners of premises with vending machines. Where tobacco product vending machines are present, the operator must ensure mandatory signage is attached to the front or near the machine and is easily visible (sec 10), the machine’s price tickets comply with the machine rules (sec 5), and any electronic indicators meet the permitted content rules (sec 6).
Premises managers and event operators in prescribed public or government spaces. Smoke‑free areas are defined with precise land parcel identifications for government precincts (sec 12), prescribed outdoor swimming areas and associated areas are listed (sec 13), and parts of national parks are prescribed for smoke‑free rules (sec 14). Managers of these spaces may need to ensure signage and enforcement align with the Act’s smoke‑free obligations read with these prescribed boundaries.
Manufacturers and importers of products classed as smoking related products or illicit nicotine products. The regulation’s prescription of what constitutes a smoking related product (sec 3) affects manufacturers, importers and retailers of ancillary products such as cigarette papers, filters, flavourings and various machines. The prescription that nicotine pouches are an illicit nicotine product (sec 15AB) affects importers, distributors and retailers of such pouches, and the definition of "contains" for receptacles influences labelling and marketing.
Licensing and regulatory administration. The chief executive or department responsible for the register and for refunding application fees (secs 2A(2), 15D) must administer the register, implement the uniform appearance requirements for licence copies, and process fee refunds where applications are refused or withdrawn. The regulation also tasks the chief executive with maintaining a register accessible by link or code to be shown on licence extracts (sec 2A(2)(d)).
Customers and the public. While not regulated directly, the public will encounter the standardised signs, price tickets and restricted visual information at points of sale and vending machines. The rules limiting displayed content (secs 4-6, 7-9) constrain information available at the point of purchase.
Who pays and who decides: licence applicants and holders pay fees (secs 15C, 17), retailers/wholesalers must prepare compliant invoices and signage and thus incur compliance costs (secs 2A, 2B, 4-5, 7-8), and the chief executive decides licence refusals and must refund fees when required (sec 15D). The supply chain must adapt labelling and packaging where definitions of illicit products (secs 15A, 15AA, 15AB) affect permitted quantities and classification.
Key duties and rights
This regulation creates a network of prescriptive duties and a small number of administrative rights backed by the Act. Key duties and the corresponding rights or administrative obligations are:
Licence display and information duties (sec 2A)
Duty: If a licensee displays an approved copy of their retail or wholesale licence they must comply with format rules: symbols/images/words in black on white, no content likely to suggest State promotion of smoking sales beyond what the licence itself contains, and if displayed at an outlet the copy must be A4 sized (s 2A(1)). If an extract is displayed, it must include specified headings, the licence unique ID and a link or code to the chief executive’s register; a full copy must include all information in the full licence (s 2A(2)).
Administrative right/obligation: The chief executive maintains the register referred to in s 2A(2)(d) that licence extracts must link to.
Invoice duties (sec 2B)
Duty: Suppliers to retailers must ensure invoices include a unique invoice identifier, the date of supply, the product brand/type/variant/quantity, and retailer and licensee details including business names, contact details and ABN/ACN (s 2B(1)). Those details must be clearly visible (s 2B(2)).
Price ticket and indicator duties (secs 4-6)
Duty: Price tickets at relevant points of sale must not exceed 80mm x 40mm, must match size, colour, font and spacing of price tickets for other smoking products in that outlet, may only display narrowly specified information (for immediate packages and cartons: product line name, number of items, price, country of origin, bar code) and must be displayed in white on black or black on white except where the outlet’s non‑smoking product tickets use different colours (s 4).
For tobacco vending machines, the price ticket rules are similar but allow any one colour on a background of another colour so long as all machine price tickets use the same two colours (s 5). Electronic indicators in machines may only display product line name, number of items, price and country of origin (s 6).
Signage duties (secs 7-11)
Duty: Mandatory sign content is strictly prescribed: size at least 210mm x 297mm, display only the exact words in the exact sequence as set out in s 7(1)(b), words at least 8mm in height and in black on white or white on black (s 7). The mandatory sign may replace the Quitline text with a logo and may show a reference to the State, department or the Act (s 7(3)-(4)).
Duty: Permitted sign maximum size is 210mm x 148mm and must display only "Smoking products sold here" in Arial or Times New Roman, 17mm or less, black on white, not bold/italicised or underlined (s 8).
Duty: No smoking signs must display one of two prescribed symbols; the symbol must be at least 70mm diameter (s 9).
Duty: Mandatory signs on tobacco vending machines must be attached to the front of the machine or near it so they are easily visible to a person obtaining a tobacco product (s 10). No smoking signs must be easily visible to a person about to enter certain premises (s 11).
Product classification and quantitative duties (secs 3, 15-15AB)
Duty: Manufacturers, importers and retailers must treat the list in s 3 as smoking related products for purposes of the Act. Hookah displays are limited to three items (s 15).
Duty: Individuals and enforcement officers apply the prescribed "commercial quantity" thresholds for illicit tobacco: 50 individual cigarettes or 50g otherwise (s 15A). For illicit nicotine products, the "permitted quantity" is 60mL for vaping substances, 4 vaping accessories, and 2 vaping devices (s 15AA). Nicotine pouches are prescribed as an illicit nicotine product (s 15AB), and the definition of "contains" covers actual content, labelling, claims and reasonable belief (s 15AB(2)).
Fee duties and administrative rights (secs 15B-15D, 17)
Duty: Applicants must pay fees stated in schedule 2, apportioned if the licence term is under one year (s 15C). Transitional fee amounts for 1 September 2023 to 31 July 2024 are set out month by month (s 17). If an application is refused or withdrawn after fee payment the chief executive must refund the fee (s 15D).
Transitional duties (secs 16-17)
Duty/right: Mandatory signs compliant with the prior regulation are taken to comply with the current regulation until replacement is required, defacement or damage occurs, or 1 September 2023, whichever is earlier (s 16). Applicants in the transitional window pay the prescribed staggered fees in s 17.
What the regulation does not itself provide
The regulation supplies no penalty amounts or enforcement procedure details for contraventions; it prescribes offences only by reference to the Act (for example, the mandatory sign text states "It is an offence…" , s 7(1)(b)). Penalty quantum and enforcement powers must be located in the Act or other instruments referenced by the Act, not in this regulation.
Rights of the regulated parties are mainly administrative: access to the chief executive’s register via the link/code to verify licence details (s 2A(2)(d)) and the refund obligation where an application is refused/withdrawn (s 15D). The regulation does not create substantive exemptions to the Act beyond narrow transitional tolerances (s 16) and specific colour allowances where non‑smoking goods use a different scheme (s 4(4)).
Penalties and enforcement
The regulation is primarily prescriptive and relies on the Act for enforcement architecture. The regulation itself contains limited affirmative enforcement content; it does not set penalty amounts nor provide new enforcement powers. Key points regarding penalties and enforcement as evident from the regulation text are:
Offences are referenced, not quantified. The mandatory sign requirement incorporates the words "It is an offence to supply a smoking product to a person under 18 years Penalties apply" (s 7(1)(b)), which signals an offence under the Act. The regulation does not specify penalty amounts or sanctions. Consequently the Act (and any relevant enforcement regulations and instruments) must be consulted to determine the precise offence provisions, penalty levels and enforcement powers applicable for contraventions of the Act or the regulation.
Administrative enforcement tasks are allocated to the chief executive. The regulation requires the chief executive to keep and provide access to a register (s 2A(2)(d) refers to the register kept under Act s 54) and obliges the chief executive to refund fees where an application is refused or withdrawn (s 15D). These provisions impose operational duties on the regulatory agency and create enforceable rights for applicants to a refund.
Compliance is observable and documentable. Several duties are measurable by inspection: licence copies must be black on white and, if displayed at an outlet, A4 in size (s 2A(1)); invoices must include specific items and be clearly visible (s 2B); price tickets and signs must meet particular dimensions, font, spacing and content constraints (secs 4-9). This makes enforcement of those obligations a matter of visual or documentary audit rather than technical interpretation.
Prescribed quantities facilitate criminal/penalty thresholds. The regulation prescribes specific quantity thresholds that will be used to determine whether goods are commercial or illicit for enforcement purposes: 50 cigarettes or 50g of other tobacco products for illicit tobacco commercial quantity (s 15A); and the permitted quantity thresholds for illicit nicotine goods (60mL, 4 accessories, 2 devices) (s 15AA). Those numeric thresholds create clear points at which enforcement action might proceed under the Act. The regulation also prescribes that nicotine pouches are illicit nicotine products and clarifies how "contains" should be interpreted for such receptacles (s 15AB), reducing ambiguity for enforcement.
Transitional and temporal enforcement implications. Section 16 allows certain pre‑existing mandatory signs to remain compliant until a replacement is required or until 1 September 2023. Enforcement officers will therefore need to check commencement timing and whether a sign falls within the transitional tolerance. Section 17 prescribes interim fee levels for a specific application window; enforcement or administrative decisions about fee sufficiency for applications made in that window should follow that table.
No separate civil compliance regime in the regulation. The regulation does not create a distinct civil penalty regime (for example, infringement notices under a regulation) within its text. Any civil penalties, infringement schedules or procedural enforcement measures must be located in the Act or other statutory instruments, not in this regulation.
Practical enforcement risk areas from the regulation text: visible non‑compliance (incorrect sign size, wrong wording), invoice deficiencies (missing ABN/ACN or unique identifier), incorrect price ticket formatting, misclassification of goods (e.g. nicotine pouches), and exceeding permitted quantities for illicit goods or hookah displays. Enforcement agencies will apply the Act’s offence and sanction rules against these measurable contraventions, but the regulation itself does not set the sanction levels.
How it interacts with other laws
The regulation functions as a subordinate instrument to the Tobacco and Other Smoking Products Act 1998 and frequently references specific Act provisions. Interaction points evident in the text include:
Direct supplementation of Act provisions. Almost every substantive prescription in the regulation is enacted "for" a particular section of the Act. Examples: approved copy of licence (for Act s 48) (sec 2A), invoices for supply to retailers (for Act s 49) (sec 2B), smoking related product definition (for Act s 88) (sec 3), price tickets (for Act s 94 and s 99) (secs 4-6), mandatory and permitted signs (for Act s 97) (secs 7-8), no smoking signs and display (for Act s 113) (secs 9 and 11), smoke‑free places (for Act ss 140, 146, 153) (secs 12-14), prohibited product quantities (for Act ss 160, 161, 161A and schedule 1) (secs 15-15AB). This means the regulation should be read together with the cited Act sections to determine the full compliance obligations.
Register linkage. The regulation requires that licence extracts include a link or code to the chief executive’s register kept under Act s 54 (sec 2A(2)(d)). That creates an operational interaction with the Act’s registry functions and any information‑management systems that are authorised by or required under the Act.
Transitional interaction with previous regulation. Section 16 explicitly preserves compliance for mandatory signs that met the expired Tobacco and Other Smoking Products Regulation 2010 requirements, until replacement or until 1 September 2023. This creates a temporal bridge between the old subordinate instrument and the current regulation.
Fee schedules and administrative law. Section 15C states fees are those in schedule 2 (a component of this regulation). Applicants must pay the scheduled fees when applying under the Act. Section 15D imposes a refund obligation on the chief executive where an application is refused or withdrawn. Those provisions interact with the Act’s licence application and administrative decision‑making framework, including any merit or judicial review rights that exist under state administrative law. The transitional fee table in s 17 is time‑limited and interacts with the Act’s application timing provisions.
Definitions and product classification relevant to other statutory regimes. The regulation’s prescription that nicotine pouches are an illicit nicotine product (sec 15AB) and the detailed definition of "contains" (s 15AB(2)) shape how the Act’s prohibitions on illicit nicotine products apply. Because nicotine pouches and vaping products can also fall into other regulatory fields (therapeutic goods law, consumer product safety, customs and excise), a regulated entity must be mindful of cross‑regulation. The regulation itself does not purport to displace or override other legislative regimes; it implements the Act’s classifications for enforcement under the Act.
Spatial interaction with land law and park management. The prescribed government precinct land parcels (sec 12) and national park parts/public facilities (sec 14) interact with property descriptions, cadastral records and park management responsibilities. Management of those parcels under other legislation (for example, land titles or national parks legislation) remains relevant for operational enforcement of smoke‑free rules; the regulation cross‑references these parcels to the Act’s smoke‑free provisions.
No standalone penalty or enforcement instrument. The regulation references offences and penalties but does not itself create separate enforcement mechanisms or penalty amounts. Readers must consult the Act and any other relevant statutory instruments for penalties, infringement schemes, authorised officers, seizure procedures and evidence rules.
In sum, this regulation is integrative: it supplies the technical content the Act requires but does not stand alone. Practitioners should cross‑check the Act’s operative provisions cited throughout the regulation and any other related instruments (previous regulations referenced for transitional purposes, and any administrative rules about registers) to build the full compliance and enforcement picture.
Amendment history
The regulation text includes embedded amendment annotations. The amendment history visible within the provided extract shows the following changes and insertions, with the instrument references included in the text:
2021 commencement and amendments. Several sections are annotated as amended or substituted by SL No. 111 of 2021, for example: section 3 is marked "sub 2021 SL No. 111 s 18", sections 4 and 5 marked "amd 2021 SL No. 111 s 19" and "amd 2021 SL No. 111 s 20" respectively. These annotations indicate that the 2021 subordinate legislation (SL No. 111 of 2021) replaced or amended those provisions when the regulation commenced on 1 September 2021 (sec 2).
2023 amendments and insertions. The extract shows several insertions and amendments dated 2023, referenced to "SL No. 82". Notable items include:
sec 2A (Approved copy of retail or wholesale licence) marked "ins 2023 SL No. 82 s 7".
sec 2B (Invoices for supply to retailers) marked "ins 2023 SL No. 82 s 7".
sec 7 and sec 8 (mandatory/permitted sign forms) marked "amd 2023 SL No. 82 s 14 sch 1".
sec 15B (definition for part) and sec 15C (fees payable generally) and sec 15D (refused/withdrawn application) marked "ins 2023 SL No. 82 s 9".
sec 17 (transitional fee table for applications between 1 Sept 2023 and 31 July 2024) marked "ins 2023 SL No. 82 s 11".
Section 18 is annotated "ins 2023 SL No. 82 s 13" with an expiry annotation.
2024 and 2025 insertions. The extract shows later insertions:
sec 15AA (permitted quantity for illicit nicotine product) inserted by 2024 Act No. 51 s 35B, noted "s 15AA ins 2024 Act No. 51 s 35B".
sec 15AB (nicotine pouch prescribed as illicit nicotine product) is noted as "s 15AB ins 2025 SL No. 20 s 6".
sec 12 (government precincts) contains an amendment annotation "s 12 amd 2025 SL No. 20 s 5".
Schedule references and expiry. Section 17 contains transitional fee amounts and is explicitly time‑limited to applications made between 1 September 2023 and 31 July 2024. Section 18 is shown as inserted and expiring on 2 September 2024 (the extract includes "exp 2 September 2024 (see s 18(2))"), though the content of s 18 is not provided in the extract.
Consolidation style. The extract includes repetition and consolidated text lines (for example duplicative lines under sec 2A). Those appear to be the regulation text printed with both original and consolidated language and indicate the instrument’s editing history.
From the embedded annotations the key amendment trajectory is:
Initial reworking or a new regulation in 2021 (SL No. 111 of 2021) that updated price ticket, vending machine and smoking product definitions and other provisions and commenced 1 September 2021;
Subsequent amendments in 2023 by SL No. 82 that added and revised licence display and fee provisions and transitional arrangements effective in that period;
Later insertions in 2024 and 2025 adjusting permitted quantities for nicotine goods and prescribing nicotine pouches, and updating prescribed government precinct land parcels (noting those later insertions reference an Act in 2024 and SL No. 20 in 2025).
Practitioners should read the regulation in tandem with those amending instruments (SL No. 111 of 2021, SL No. 82 of 2023, Act No. 51 of 2024, SL No. 20 of 2025) when tracing historical drafting changes. The extract shows the regulation is a living instrument subject to sequenced amendments that add product categories and adjust administrative rules and fee settings.
Litigation history
The supplied regulation text does not refer to any litigation, court decisions, or named cases. There are no reported judicial determinations printed in the regulation, and no specific references to case law or litigation outcomes appear in the extract. Consequently:
There is no litigation history recorded within this regulation extract to analyse or to cite. The instrument does not identify any challenges to its validity or to the subordinate amendments noted in the annotations.
Practical implication for practitioners: absence of litigation references in the regulation means any legal challenges, judicial interpretations or precedent regarding these specific prescriptions would need to be sought from external sources, such as court databases or legal reporting services. Those sources are not contained in the regulation and are not part of this extract.
When enforcement disputes arise (for example about whether a particular item is an "illicit nicotine product" under s 15AB or whether a price ticket meets the uniformity requirement in s 4), the Act’s enforcement provisions and relevant administrative law doctrines will determine available remedies, merits review rights, and judicial review pathways. Those doctrines and any case law applying them are not included in the regulation text.
In short, the regulation provides no internal record of litigation; practitioners must consult external legal reporting to find any case law that interprets or challenges these provisions.
Gotchas
The regulation is highly prescriptive and several provisions create pitfalls for regulated parties if not followed to the letter. Important practical "gotchas" directly grounded in the text include:
Exact wording and sequence on mandatory signs (sec 7). The mandatory sign must "display only the following words in the following sequence" with those words precisely as set out. There is no allowance for paraphrase. The font height must be at least 8mm and the permitted colours are limited. Replacing "Quitline 13 7848" is allowed only with a specific logo (s 7(3)). A sign that departs even slightly in sequence, wording or font may fail to comply.
Permitted sign limitations (sec 8). Permitted signs are tightly constrained in size, content, font type and styling. The phrase must be exactly "Smoking products sold here", in Arial or Times New Roman, 17mm or less, black on white and not bold, italicised or underlined. Using a different phrase or styling could convert a permitted sign into non‑compliance.
Uniformity requirements for price tickets (secs 4, 5). Price tickets for smoking products must match the outlet’s other smoking product tickets in size, colour, font and spacing. The regulation even supplies an "example" font (10 point, bold and Times New Roman) in the text. A retailer who sells a small number of tobacco lines but uses a general ticketing system for other goods may find that their existing tickets do not meet the uniformity or maximum dimension requirement (80mm x 40mm).
Colour constraints with limited exceptions (secs 4(3)-(4), 5(3)). The default requirement is two high‑contrast schemes (white on black, black on white) except in one limited situation where non‑smoking goods use different colours. For vending machines the regulation allows one colour on a background of another colour but all machine price tickets must be the same two colours. Non‑compliant colour choices can render tickets illegal under the Act.
Approved copy rules extend beyond content to visual presentation (sec 2A). Licence copies displayed at outlets must be black on white and A4 if on display. Moreover, the copy must not contain symbols/images/words likely to lead a reasonable person to think the State promotes smoking product sales. This imposes a potentially broad caution about graphics, logos or departmental marks that could be perceived as promotional.
Invoice visibility and information completeness (sec 2B). Invoices must carry a unique identifier, supply date, full product descriptive details and ABN/ACN details for both retailer and licensee. The regulation requires these details to be clearly visible. Handwritten invoices, or invoices that omit ABN/ACN, or that fail to present a clear brand/variant identifier, risk non‑compliance.
Quantitative thresholds for illicit goods are small (secs 15A, 15AA). The prescribed "commercial quantity" for illicit tobacco is 50 cigarettes or 50g otherwise; permitted quantities for illicit nicotine products are 60mL, 4 accessories and 2 devices. These thresholds are numerically low and can make ordinary consumer possession or small stock quantities trigger illicit product rules if the product lacks lawful authorisation under the Act. Retailers and importers operating near those thresholds must track quantities carefully.
Nicotine pouch definition and "contains" interpretation (sec 15AB). The regulation prescribes nicotine pouches as illicit nicotine products and defines "contains" in a way that includes labelling and claims and reasonable belief. A product labelled as nicotine free, or claimed to be nicotine free, but reasonably believed to contain nicotine or nicotine substitutes, could fall within the illicit product definition. Labelling and marketing thus become high‑risk compliance areas.
Hookah display numeric cap (sec 15). The regulation prescribes the number 3 for the limit on display of hookahs. Premises displaying hookahs for retail or promotional reasons must ensure display counts are at or below three.
Transitional tolerance is time‑limited (sec 16). Signs that complied with the expired regulation are only taken to comply until replacement is necessary or until 1 September 2023. After that date signs must comply with the current rules. Failure to monitor these dates may cause inadvertent non‑compliance.
Fee complexity and timing (secs 15C, 17). The general fee is in schedule 2 (not printed in the extract), while a transitional table in s 17 prescribes fee units month by month for applications made between 1 September 2023 and 31 July 2024. Practitioners must ensure they apply the correct fee schedule for the time of application; using the wrong schedule could result in administrative rejection or need for refund.
Absence of penalty specifics in the regulation. While the mandatory sign text itself states "Penalties apply" (s 7(1)(b)), the regulation does not give penalty amounts. A common unfamiliarity is to assume particular fine levels from the regulation when they are set in the Act. Compliance auditors and operators must check the Act for penalty quantum and enforcement mechanisms.
These gotchas are practice‑oriented: they stem from the regulation’s insistence on precise dimensions, wording, colours, quantities and cross‑references. Each of those prescriptive elements is a potential trigger for enforcement or administrative action if not followed exactly.
How to comply
Practical compliance requires mapping the regulation’s prescriptive requirements onto operational controls for licence holders, suppliers, premises managers and administrative staff. Actions and checklists, each grounded in the relevant regulation sections, include:
Licence display and register linkage (sec 2A)
Maintain an A4 black‑on‑white approved copy of the licence for display at the retail or wholesale outlet. Ensure the copy contains only symbols/images/words that appear in the licence and does not include content likely to suggest the State promotes smoking product sales (s 2A(1)(a)-(b); s 2A(1)(c)).
If using an extract rather than a full copy, include the exact prescribed heading for the licence type (e.g. "Tobacco and Other Smoking Products Act 1998 retail licence" or "… retail licence (liquor)") and display the unique identification number and a link or code to the chief executive’s register (s 2A(2)(a)-(d)).
Ensure staff know how to direct members of the public or inspectors to the register via the code or link shown on the extract (s 2A(2)(d)).
Invoice controls (sec 2B)
Invoice templates must include: a unique invoice identifier, date of supply, brand name/type/variant/quantity, supplier and retailer business names, contact details, and ABN/ACN for both parties. Make these fields mandatory on digital systems and check manually for paper invoices (s 2B(1)).
Ensure printed or emailed invoices present these items clearly and legibly (s 2B(2)). Consider adding validation checks in POS or ERP systems to prevent completion without ABN/ACN fields.
Signage compliance at points of sale and vending machines (secs 7-11)
Replace or install mandatory signs of at least 210mm x 297mm that display exactly the words in the sequence required, with font height at least 8mm and in the permitted colour combinations. If you prefer a Quitline logo in place of the words "Quitline 13 7848", confirm the specific logo allowed (s 7(1)-(3)).
For permitted signs use "Smoking products sold here" only, in Arial or Times New Roman, 17mm or less, black on white and not bold/italicised or underlined (s 8). Maintain a stock of properly formatted sign templates for immediate replacement.
For vending machines attach the mandatory sign to the front or near the machine so it is easily visible to purchasers (s 10). For no smoking zones ensure no smoking signs display a prescribed symbol at least 70mm diameter and are positioned so they are easily visible to persons about to enter the premises (s 9, s 11).
Price ticket and vending machine price indicator controls (secs 4-6)
Standardise price tickets for all smoking products in the outlet to a single size (not exceeding 80mm x 40mm), colour, font size/style/typeface and spacing. Implement a single template for printing smoking product tickets to ensure uniformity (s 4(2)(a)-(d)).
Limit ticket content to permitted items: product line name, number of items, price, country of origin and a barcode (s 4(2)(e)-(f)). Program POS and shelf labelling tools to auto‑populate only permitted fields.
For vending machines ensure all price tickets are the same two colours and may use any one colour on a different colour background provided uniformity across the machine is maintained (s 5(3)-(4)). For electronic displays limit the text to product line name, number of items in an immediate package, price and country of origin (s 6).
Product classification, stock control and labelling (secs 3, 15A, 15AA, 15AB)
Audit your inventory against the regulation’s smoking related product list (sec 3). Ensure items such as cigarette papers, flavourings, filters, and rolling machines are treated consistently with the Act’s requirements (s 3).
Track stock quantities of tobacco and nicotine goods against the prescribed illicit thresholds: 50 cigarettes or 50g for tobacco commercial quantity (s 15A), and for illicit nicotine products maintain limits per consignment/possession under 60mL of vaping substance, under 4 vaping accessories and under 2 devices unless authorised (s 15AA).
For nicotine pouches ensure product labelling and marketing do not claim or imply nicotine content in contradictory ways; remember "contains" is interpreted to include labelling, claims and reasonable belief (s 15AB(2)). If selling nicotine pouches seek legal advice about authorisation under the Act and any licensing required.
Hookah display management (sec 15)
Count and limit the number of on‑display hookahs to three. Document inventory and display logs to demonstrate compliance.
Fees and administrative process (secs 15B-15D, 17)
Consult schedule 2 (not reproduced in the extract) for standard fee amounts and use s 15C to prorate fees for terms under one year. If applying between 1 September 2023 and 31 July 2024 use the month‑by‑month fee units in s 17 and convert fee units as required by the relevant fee unit value at the time (s 17). Keep records of payment and application date for audit.
If an application is refused or withdrawn after fee payment the chief executive must refund the fee, so track application outcomes and pursue refunds where appropriate (s 15D).
Transitional and record‑keeping practices (secs 16-17)
Check whether existing mandatory signs fall within the transitional tolerance in s 16. If a sign was compliant under the expired 2010 regulation and has not been replaced/damaged, it may be treated as compliant until replacement is necessary or 1 September 2023. Plan for replacement before that date to avoid future non‑compliance.
Keep dated photographic records of all on‑site signage, price tickets and vending machine indicators to evidence compliance in the event of inspection.
Operational governance and staff training
Implement a compliance checklist incorporating each prescriptive element: approved copy format, invoice template fields, signage templates, ticketing templates, stock quantity thresholds and documentation protocols.
Train frontline staff, including managers and procurement officers, to recognise the precise wording and formatting requirements for signs, tickets and invoices and to escalate any ambiguity to compliance personnel.
Maintain a central repository of licence copies, register links/codes and invoice templates. When a licence is renewed or varied ensure the A4 copy and register link are updated on site.
Where uncertainty exists (labelling claims, classification of novel products), seek a compliance opinion referencing the Act and this regulation. The regulation’s prescriptions are precise and visually testable; operational controls should be designed to ensure repeatable, documented compliance with the specific dimensions, words and numerical thresholds set out in the regulation.
Section sec.2BInvoices for supply to retailers— Act , s 49
(a) the symbols, images or words displayed on the copy of the licence must be in black on a white background;
(b) the copy of the licence must not contain symbols, images or words that would be likely to cause a reasonable person to believe the sale of smoking products is promoted by the State, other than to the extent the copy contains symbols, images or words contained in the licence granted under the Act ;
(c) if the copy of the licence is displayed at a retail or wholesale outlet for the licence—the copy must be sized to fit an A4 page.
(a) if the licensee displays a copy of the licence that contains extracts from the licence—the following information— (i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’; (ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’; (iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’; (iv) the unique identification number of the licence; (v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;
(i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;
(ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;
(iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;
(iv) the unique identification number of the licence;
(v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;
(b) if the licensee displays a copy of the licence that is a full copy of the licence granted under the Act —the information contained in the full copy.
(i) for a retail licence other than a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence’;
(ii) for a retail licence (liquor)—the words ‘ Tobacco and Other Smoking Products Act 1998 retail licence (liquor)’;
(iii) for a wholesale licence—the words ‘ Tobacco and Other Smoking Products Act 1998 wholesale licence’;
(iv) the unique identification number of the licence;
(v) a link or code that a person may use to access the register kept by the chief executive under section 54 of the Act ;
sec.2B Invoices for supply to retailers— Act , s 49
sec.2B Invoices for supply to retailers— Act , s 49
For section 49 (2) of the Act , the requirements prescribed are that the invoice must contain the following details—
the unique identifier for the invoice;
the date of the supply of the smoking product;
the brand name, type, variant and quantity of the smoking product;
the following details of the retailer and licensee—
business names;
contact details;
ABNs or ACNs.
The details mentioned in subsection (1) (a) to (d) that are contained in the invoice must be clearly visible.
s 2B ins 2023 SL No. 82 s 7
(sec.2B-ssec.1) For section 49 (2) of the Act , the requirements prescribed are that the invoice must contain the following details— the unique identifier for the invoice; the date of the supply of the smoking product; the brand name, type, variant and quantity of the smoking product; the following details of the retailer and licensee— business names; contact details; ABNs or ACNs.
(sec.2B-ssec.2) The details mentioned in subsection (1) (a) to (d) that are contained in the invoice must be clearly visible.
(a) the unique identifier for the invoice;
(b) the date of the supply of the smoking product;
(c) the brand name, type, variant and quantity of the smoking product;
(d) the following details of the retailer and licensee— (i) business names; (ii) contact details; (iii) ABNs or ACNs.
(i) business names;
(ii) contact details;
(iii) ABNs or ACNs.
(i) business names;
(ii) contact details;
(iii) ABNs or ACNs.
pt.2 Promotion of smoking products
Promotion of smoking products
sec.3 Smoking related products— Act , s 88
sec.3 Smoking related products— Act , s 88
For section 88 of the Act , definition smoking related product , each of the following products is prescribed—
a cigarette paper (whether or not the paper is pre-rolled);
another product sold to enclose loose tobacco or a loose smoking blend;
flavouring sold for the purpose of flavouring a tobacco product or a loose smoking blend;
a machine for injecting loose tobacco or a loose smoking blend into a pre-rolled paper or another product sold to enclose loose tobacco or a loose smoking blend;
a cigarette filter;
a cigarette tip;
a machine for rolling a cigarette or herbal cigarette;
a mouthpiece used to hold a cigar, cigarette or herbal cigarette;
a cigar cutter;
a pipe used for smoking loose tobacco or a loose smoking blend;
a filter, grate or screen for a pipe mentioned in paragraph (j) .
s 3 sub 2021 SL No. 111 s 18
(a) a cigarette paper (whether or not the paper is pre-rolled);
(b) another product sold to enclose loose tobacco or a loose smoking blend;
(c) flavouring sold for the purpose of flavouring a tobacco product or a loose smoking blend;
(d) a machine for injecting loose tobacco or a loose smoking blend into a pre-rolled paper or another product sold to enclose loose tobacco or a loose smoking blend;
(e) a cigarette filter;
(f) a cigarette tip;
(g) a machine for rolling a cigarette or herbal cigarette;
(h) a mouthpiece used to hold a cigar, cigarette or herbal cigarette;
(i) a cigar cutter;
(j) a pipe used for smoking loose tobacco or a loose smoking blend;
(k) a filter, grate or screen for a pipe mentioned in paragraph (j) .
sec.4 Price ticket for relevant point of sale— Act , s 94
sec.4 Price ticket for relevant point of sale— Act , s 94
For section 94 (2) (b) of the Act , this section prescribes the requirements for a price ticket for a relevant point of sale.
The price ticket—
must not be larger than 80mm x 40mm; and
must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and
must use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and
10 point, bold and Times New Roman
must use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and
if the price ticket is for an immediate package of a product line, may only display—
words that indicate 1 or more of the following—
the name of the product line;
the number of items in the immediate package;
the price of the immediate package;
the country of origin of the product line; and
a bar code, or similar identification code, for the product line; and
if the price ticket is for a carton of a product line, may only display—
words that indicate 1 or more of the following—
the name of the product line;
the number of immediate packages in the carton;
the price of the carton;
the country of origin of the product line; and
a bar code, or similar identification code, for the product line.
The words, bar code or similar identification code displayed on the price ticket must be—
in white on a black background; or
in black on a white background.
However, if, in a retail outlet, price tickets for goods other than smoking products have information about the goods in 1 colour on a background of another colour, the words, bar code or similar identification code may be displayed in those colours.
s 4 amd 2021 SL No. 111 s 19
(sec.4-ssec.1) For section 94 (2) (b) of the Act , this section prescribes the requirements for a price ticket for a relevant point of sale.
(sec.4-ssec.2) The price ticket— must not be larger than 80mm x 40mm; and must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and must use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and 10 point, bold and Times New Roman must use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and if the price ticket is for an immediate package of a product line, may only display— words that indicate 1 or more of the following— the name of the product line; the number of items in the immediate package; the price of the immediate package; the country of origin of the product line; and a bar code, or similar identification code, for the product line; and if the price ticket is for a carton of a product line, may only display— words that indicate 1 or more of the following— the name of the product line; the number of immediate packages in the carton; the price of the carton; the country of origin of the product line; and a bar code, or similar identification code, for the product line.
(sec.4-ssec.3) The words, bar code or similar identification code displayed on the price ticket must be— in white on a black background; or in black on a white background.
(sec.4-ssec.4) However, if, in a retail outlet, price tickets for goods other than smoking products have information about the goods in 1 colour on a background of another colour, the words, bar code or similar identification code may be displayed in those colours.
(a) must not be larger than 80mm x 40mm; and
(b) must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and
(c) must use the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; and Example of a font size, style and typeface— 10 point, bold and Times New Roman
(d) must use the same spacing between words and letters as the price tickets for all other smoking products being sold at the same retail outlet; and
(e) if the price ticket is for an immediate package of a product line, may only display— (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and (ii) a bar code, or similar identification code, for the product line; and
(i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of the product line; and
(A) the name of the product line;
(B) the number of items in the immediate package;
(C) the price of the immediate package;
(D) the country of origin of the product line; and
(ii) a bar code, or similar identification code, for the product line; and
(f) if the price ticket is for a carton of a product line, may only display— (i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and (ii) a bar code, or similar identification code, for the product line.
(i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of immediate packages in the carton; (C) the price of the carton; (D) the country of origin of the product line; and
(A) the name of the product line;
(B) the number of immediate packages in the carton;
(C) the price of the carton;
(D) the country of origin of the product line; and
(ii) a bar code, or similar identification code, for the product line.
(i) words that indicate 1 or more of the following— (A) the name of the product line; (B) the number of items in the immediate package; (C) the price of the immediate package; (D) the country of origin of th
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