NORTHERN TERRITORY OF AUSTRALIA
TOBACCO CONTROL ACT 2002
As in force at 10 February 2026
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Object .............................................................................................. 1
4 Act binds Crown .............................................................................. 1
4A Application to e-cigarettes ............................................................... 2
5 Definitions ........................................................................................ 2
5A Food service area ............................................................................ 8
5B Outdoor eating and drinking area .................................................... 8
5C Exemption for major event ............................................................. 10
6 Tobacco products .......................................................................... 10
6A Application of Criminal Code ......................................................... 11
Part 2 Smoke-free areas
7 Smoke-free area ............................................................................ 11
7A Voluntarily declared area ............................................................... 12
8 Signs to be displayed .................................................................... 12
9 Smoker commits offence ............................................................... 12
10 Occupier commits offence ............................................................. 13
11 Exempt areas ................................................................................ 14
Part 2A Smoking in motor vehicles with children
under 16 prohibited
11A Offence to smoke in motor vehicle with child under 16 .................. 15
Part 3 Packaging, advertising and sponsorship,
displays, points of sale
Division 1 Packaging requirements
12 Health warnings on packaging....................................................... 16
13 Size of cigarette packets for sale ................................................... 17
14 Weight of loose tobacco for sale.................................................... 17
Division 2 Advertising and sponsorship restrictions
15 Tobacco advertising in public places prohibited ............................ 17
16 Brand marketing and value-added marketing prohibited ............... 17
Tobacco Control Act 2002 ii
17 Price discounting not to be advertised ........................................... 18
18 Restrictions on price boards .......................................................... 18
19 Sponsorship of events restricted ................................................... 18
Division 3 Display restrictions
20 Display of tobacco products........................................................... 19
22 Conditions of vending machine displays........................................ 19
23 Signs to be displayed on vending machines .................................. 20
Division 4 Restrictions on points of sale
25 Point of sale restrictions ................................................................ 20
26 Vending machine restrictions ......................................................... 21
27 Signs to be displayed at point of sale other than vending
machine ......................................................................................... 21
Part 4 Licensing of tobacco retailers
28 Offence to sell by retail without licence .......................................... 22
29 Grant or refusal of licence.............................................................. 22
29A Renewal of licence ........................................................................ 23
30 Conditions of licence ..................................................................... 24
31 Effect of licence ............................................................................. 24
32 When a licence is in force .............................................................. 24
33 Licence to be displayed ................................................................. 24
34 Surrender of licence ...................................................................... 24
35 Variation of conditions ................................................................... 25
36 Transfer of licence ......................................................................... 25
36A Licence not personal property ....................................................... 26
37 Director to be notified of change in circumstances ........................ 26
38 Cancellation or suspension............................................................ 26
39 Notice to show cause .................................................................... 27
40 Notice of and reasons for decision ................................................ 28
Part 4A Review of decisions
41 Definitions ...................................................................................... 28
41A Notice of delegate decision............................................................ 29
41B Application for review .................................................................... 29
41C Effect of application on delegate decision ..................................... 29
41D Director to consider application ..................................................... 30
41E Conducting and deciding review .................................................... 30
41F Notice of decision on review .......................................................... 30
41G Application to NTCAT for review of Director's decision.................. 31
Section 1 - Tobacco Control Act 2002 - Tobacco Control Act 2002 | Zoe
Tobacco Control Act 2002 iii
Part 5 Sale by children and sale or supply to
children
42 Sale to children prohibited ............................................................. 31
42A Sale of tobacco product by child employee ................................... 31
43 Supply to, or purchase for, children prohibited .............................. 32
44 Defence ......................................................................................... 32
45 False identification ......................................................................... 32
46 Sale of children's products resembling tobacco products .............. 33
Part 6 Administration and enforcement
47 Authorised officers ......................................................................... 33
48 Identity cards ................................................................................. 33
49 Functions ....................................................................................... 34
50 Entry and search powers ............................................................... 34
50A Power to stop motor vehicle and smoking in motor vehicle ........... 36
51 Power to require identification ....................................................... 36
52 Obstruction etc. of authorised officers ........................................... 36
53 Wholesalers to provide information about retailers ........................ 36
53A Wholesalers to provide information about quantity of tobacco
products supplied .......................................................................... 37
54 Misleading information ................................................................... 37
54A Appointment of Director of Tobacco Control .................................. 38
54B Annual report ................................................................................. 38
54C Approved forms ............................................................................. 38
55 Delegation by Chief Health Officer or Director ............................... 38
56 Legal immunity .............................................................................. 39
57 Confidentiality of information ......................................................... 39
Part 7 Miscellaneous
57A Acquisition on just terms ................................................................ 40
58 Regulations.................................................................................... 40
Part 8 Transitional matters for Tobacco Control
Legislation Amendment Act 2010
59 Outdoor eating and drinking areas – exemption for transitional
period ............................................................................................ 42
60 Savings – existing tobacco retail licences ..................................... 43
Part 9 Transitional matters for Tobacco Control
Legislation Amendment Act 2014
61 Offences – before and after commencement................................. 43
Tobacco Control Act 2002 iv
Part 10 Transitional matters for Licensing
(Director-General) Act 2014
Division 1 Definitions
62 Definitions ...................................................................................... 44
Division 2 Applications
63 Application to NTLC Director – pending decision .......................... 44
Division 3 Review of decisions
64 New review regime applies to post-commencement decisions...... 45
65 Review of pre-commencement decision – application not yet
made ............................................................................................. 45
66 Review of pre-commencement decision – application made ......... 45
Division 4 General matters
67 Continuation of ongoing documents and things ............................. 46
68 Legal immunity of NTLC Director continues .................................. 47
Part 11 Transitional matters for Licensing
(Director-General) Repeal Act 2020
69 Definitions ...................................................................................... 47
70 Applications to be decided by Director .......................................... 47
71 Director to complete delegate decision reviews............................. 47
72 Continuation of instruments, appointments, documents etc. ......... 47
Schedule Reviewable decisions
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 10 February 2026
TOBACCO CONTROL ACT 2002
An Act to restrict smoking in certain public places and workplaces, to
regulate packaging, advertising (including through sponsorship), and
display of tobacco and other smoking products, to regulate conduct of
premises at which tobacco and other smoking products are sold by
retail, to prohibit sale and supply of tobacco and other smoking
products to children, and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Tobacco Control Act 2002.
2 Commencement
(1) Part 3, Divisions 2, 3 (other than section 23) and 4 (other than
section 27) and section 28 come into operation on 31 May 2003.
(2) The remaining provisions of this Act come into operation on the
date, or respective dates, fixed by the Administrator by notice in the
Gazette.
3 Object
The object of this Act is to reduce the harm to people's health from
the consumption of tobacco and other smoking products:
(a) by discouraging people from smoking; and
(b) by reducing people's exposure to environmental tobacco
smoke; and
(c) by supporting people to stop smoking.
4 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
that the legislative powers of the Legislative Assembly permit, the
Crown in all its other capacities.
Part 1 Preliminary
Tobacco Control Act 2002 2
4A Application to e-cigarettes
(1) This Act applies in relation to the following as if they were tobacco
products:
(a) e-cigarettes;
(b) e-cigarette accessories;
(c) any other device or accessory prescribed by the Regulations.
(2) A reference in this Act that relates to smoke or smoking of tobacco
products is to be read as including:
(a) a reference to vaping or other use of e-cigarettes; and
(b) a reference to the use of any other device or accessory
prescribed by the Regulations.
5 Definitions
In this Act:
adult means a person who is 18 or more years of age.
affected person, see section 41.
air-conditioning inlet area means an area within 3 metres of an
air-conditioning inlet (whether indoors or outdoors) through which
air is directed into a smoke-free area, other than an air-conditioning
inlet that draws air from an exempt area.
approved form means a form approved under section 54C.
authorised officer has the meaning in section 47.
brand, in relation to a tobacco product, means a work produced for
the purpose of advertising or promoting the tobacco product.
brand marketing, in relation to a tobacco product, means the
distribution or supply (whether for valuable consideration or not) by
or on behalf of a manufacturer, distributor, wholesaler or retailer of
tobacco products of a thing (other than a tobacco product that is
packaged in accordance with this Act and the Regulations) that
bears:
(a) the brand, brand name or trade mark of a tobacco product; or
(b) the name of the manufacturer; or
Part 1 Preliminary
Tobacco Control Act 2002 3
(c) the name of the distributor, wholesaler or retailer who is
engaged solely or predominantly in the distribution,
wholesaling or retailing of tobacco products; or
(d) a name that a reasonable person would associate with a
tobacco product.
brand name, in relation to a tobacco product, means the brand
name, or any part of it, under which the tobacco product is sold,
and includes a trade mark.
child means a person who is under 18 years of age.
commercial passenger vehicle has the same meaning as in the
Commercial Passenger (Road) Transport Act 1991.
delegate decision, see section 41.
Director means the Director of Tobacco Control appointed under
section 54A.
e-cigarette means:
(a) a device, other than a device excluded by the Regulations,
that is designed for vaping; or
(b) another device of a kind prescribed by the Regulations that is
designed to be used in a way that replicates, or produces an
experience similar to, the use of a tobacco product.
e-cigarette accessory means:
(a) a cartridge, capsule or other container designed to contain a
liquid, aerosol, gas or vapour for use in an e-cigarette; or
(b) a cartridge, capsule or other container designed to contain
tobacco or a similar product for use in an e-cigarette; or
(c) a heating element designed for use in an e-cigarette; or
(d) another component of an e-cigarette of a kind prescribed by
the Regulations.
educational facility means:
(a) a school, including all of the school's buildings and grounds; or
(b) a pre-school, including all of the pre-school's buildings and
grounds; or
Part 1 Preliminary
Tobacco Control Act 2002 4
(c) a commercial childcare facility (other than domestic premises
used for that purpose), including all of the facility's buildings
and grounds; or
(d) domestic premises used as a commercial childcare facility, but
only during the hours of operation of the facility and not
including the premises' grounds; or
(e) any other facility primarily used for the provision of education
or care for children, including all of the facility's buildings and
grounds.
enclosed public area means a place, or a part of a place, that is
used or is intended to be used by members of the public and has a
ceiling or roof and (except for doorways and passageways) is
completely or substantially enclosed by walls, windows, blinds,
curtains or other objects, materials or things.
enclosed workplace area means a place, or part of a place, of
employment (other than an enclosed public place) that has a ceiling
or roof and (except for doorways and passageways) is completely
or substantially enclosed by walls, windows, blinds, curtains or
other objects, materials or things, but does not include a place, or
part of a place, of business that is in or on domestic premises if that
place or part is not used and is not intended to be used by
members of the public or employees of the business.
entrance area means an area within 2 metres of a door, window or
other opening that opens into or onto an enclosed public area or an
enclosed workplace area.
entry and boundary area of a place means:
(a) an area within 10 m of the gate or similar entry point to the
place; and
(b) if there is a boundary to the place, or a boundary is indicated
by signs (including no smoking signs), an area within
10 metres of the boundary.
exempt area means an area designated under section 11 to be an
exempt area.
food service area has the meaning in section 5A.
indoor food service area means a food service area that is part of
an enclosed public area or part of an enclosed workplace area.
Part 1 Preliminary
Tobacco Control Act 2002 5
infringement notice means an infringement notice within the
meaning of the Fines and Penalties (Recovery) Act 2001 that is
issued under the Regulations in respect of an offence against this
Act or the Regulations.
licensed tobacco retailer means the holder of a tobacco retail
licence.
liquor licensed premises means premises that are licensed under
the Liquor Act 2019.
liquor licensee means a person who holds a licence under the
Liquor Act 2019, other than an interstate retailer's licence.
motor vehicle means a vehicle designed to be self-propelled,
including a trailer or caravan when attached to such a vehicle, but
excluding the following:
(a) a vehicle that runs on rails;
(b) a powered cycle, as defined in section 5(1) of the Motor
Vehicles Act 1949;
(c) a campervan or caravan that is parked and set up as a place
for living or sleeping;
(d) a smoke-free area.
outdoor eating and drinking area, see section 5B.
outdoor food service area means a food service area that is not
an enclosed public area or an enclosed workplace area.
outdoor public venue means an outdoor venue that is used or is
intended to be used by the public, or part of such venue, if that
place or part has fixed seating.
package, in relation to a tobacco product, means the package in
which the tobacco product is sold or supplied or is intended to be
sold or supplied, and includes:
(a) a box, carton, cylinder, packet, pouch and tin; and
(b) a wrapping other than a transparent outer wrapping.
photographic identification means:
(a) a current driver's licence that includes a photograph, and
indicates the date of birth, of the person to whom it is issued;
or
Part 1 Preliminary
Tobacco Control Act 2002 6
(b) a passport; or
(c) a form of photographic identification prescribed by the
Regulations.
premises includes a building, a vehicle and a vessel.
public transport means a vehicle or vessel (including but not
limited to a commercial passenger vehicle, train or ferry) that is
used or is intended to be used by fare-paying passengers, and
includes the driver's seat, a cabin or any other place in or on the
vehicle or vessel from which it is driven or otherwise controlled or
operated.
public transport area means:
(a) a place (including but not limited to a bus stop, station,
terminal or airport) that is used or is intended to be used by
passengers boarding or alighting from public transport and at
which shelter is provided for those passengers; or
(b) an area within a prescribed distance (if any) of a taxi zone
within the meaning of the Australian Road Rules, whether
shelter is provided in that area for passengers boarding or
alighting from taxis or not.
reviewable decision, see section 41.
sell includes:
(a) to barter or exchange; and
(b) to offer or expose for sale, barter or exchange; and
(c) to supply, or offer to supply, in circumstances in which the
supplier derives, or would derive, a direct or indirect pecuniary
benefit; and
(d) to supply, or offer to supply, gratuitously but with a view to
gaining or maintaining custom, or otherwise with a view to
commercial gain.
shared accommodation means:
(a) a residential facility for which an approval is in force under the
Aged Care Act 1997 (Cth) for an approved provider to provide
residential care to persons in the facility; or
(b) commercial visitor accommodation, as defined in the Public
and Environmental Health Regulations 2014.
Part 1 Preliminary
Tobacco Control Act 2002 7
smoke-free area has the meaning in section 7.
smoking means releasing smoke or fumes from an ignited tobacco
product, and includes holding or controlling an ignited tobacco
product.
specialist tobacconist means a person who conducts a business
selling tobacco products by retail where:
(a) 85% or more of the average annual gross turnover of the
business is derived from the sale of tobacco products; and
(b) the business is conducted separately from, and not in
conjunction with, any other business.
tobacco product has the meaning in section 6.
tobacco retail licence means a tobacco retail licence referred to in
section 28.
trade mark means a registered trade mark within the meaning of
the Trade Marks Act 1995 of the Commonwealth.
value-added marketing, in relation to a tobacco product, means a
marketing device, plan or scheme (other than price discounting):
(a) that depends on the purchase of a tobacco product; or
(b) that provides or is intended to provide a material incentive to
purchase a tobacco product, being a material incentive that is
in addition to the acquisition of the tobacco product; or
(c) a purpose of which is to obtain information that is intended or
is likely to be used to market tobacco products.
vaping, in relation to an e-cigarette, means using the e-cigarette to
generate or release an aerosol or vapour by electronic means for
inhalation by the user in a manner that replicates, or produces an
experience similar to, smoking.
vending machine means a machine that is used or is intended to
be used to dispense tobacco products directly to customers.
voluntarily declared area, see section 7A.
Note for section 5
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
Part 1 Preliminary
Tobacco Control Act 2002 8
5A Food service area
(1) An area is a food service area during any period food is prepared or
served in the area.
(2) However, an area is not a food service area during a period if the
only food prepared or served in the area during the period is a
prescribed class of food.
(3) In this section:
pre-packaged food means food that is sealed in the container or
package in which the manufacturer of the food intended the food to
be sold by retail.
preparing or serving, of food, does not include:
(a) selling pre-packaged food; or
(b) eating food (including food prepared or served elsewhere).
service, of food, includes self-service.
5B Outdoor eating and drinking area
(1) An area is an outdoor eating and drinking area if:
(a) the area is used or intended to be used by members of the
public but is not an enclosed public area; and
(b) persons in the area may consume food or drink provided from
an on-site food service; and
(c) either of the following apply:
(i) a person would reasonably expect the area is used or
intended to be used for consuming food or drink
provided from the on-site food service;
(ii) the area is bounded by a fence.
Example for paragraph (c)(i)
An area on a footpath outside a cafe or takeaway food store where there are
tables and chairs.
Examples for paragraph (c)(ii)
1 A fenced sporting ground at which persons may consume food or drink
purchased at the ground.
2 An area of a park, temporarily fenced off, in which persons may consume
food or drink purchased at a cultural festival conducted in the park.
Part 1 Preliminary
Tobacco Control Act 2002 9
(2) An area may be an outdoor eating and drinking area whether or not
the area constitutes liquor licensed premises.
(3) However, an area is an outdoor eating and drinking area only while:
(a) food or drink is being provided, or is available to be provided,
from an on-site food service; or
(b) food or drink provided from an on-site food service is being
consumed in the area.
(4) Food or drink is taken to be provided from an on-site food service
whether it is:
(a) served to a person in the outdoor eating or drinking area by or
for a person conducting the on-site food service; or
(b) taken by a person from the on-site food service for
consumption in the outdoor eating or drinking area.
(5) If an area that would otherwise be within an outdoor eating or
drinking area is clearly designated as an area where no food or
drink may be consumed, the area is taken not to be part of the
outdoor eating or drinking area.
(6) Despite subsections (1) to (5), each of the following is not an
outdoor eating and drinking area:
(a) premises used, or intended to be used, as a place of
residence or mainly as a place of residence;
(b) the playing field of a sporting facility while it is being used for
sporting activities;
(c) an area constituting car parks, boat ramps or driveways (for
example, the drive-through area of a bottle shop);
(d) an area that is larger than 5 acres and is separated (by a
barrier or other means) from any on-site food service;
(e) an area exempt under section 5C.
(7) In this section:
on-site food service, in relation to an area, means a business, or
an enterprise of a commercial, charitable or community nature, that
provides food or drink in, or adjacent to, the area.
provide, food or drink, includes give or sell the food or drink.
Part 1 Preliminary
Tobacco Control Act 2002 10
5C Exemption for major event
(1) The Minister may, by Gazette notice, declare all or part of an area
in which a major public event will be held not to be an outdoor
eating and drinking area during all or part of the event.
(2) The Minister may make the declaration only if:
(a) the person responsible for organising the major public event
(the event organiser) applied to the Minister for the
declaration at least 3 months, or a shorter period approved by
the Minister, before the event; and
(b) the Minister is satisfied reasonable measures will be put in
place to minimise the exposure of members of the public and
anyone acting for the event organiser to environmental
tobacco smoke.
(3) An exemption may specify any conditions the Minister considers
reasonable in the circumstances.
(4) If a declaration is made under subsection (1) in relation to a major
public event, the event organiser must comply with the conditions
specified in the exemption.
Maximum penalty: 20 penalty units.
6 Tobacco products
(1) A tobacco product is a product, the main ingredient of which is
tobacco, that is used or is intended to be used for human
consumption by smoking or chewing, and includes tobacco,
cigarettes and cigars.
(2) A tobacco product includes a product, the main ingredient of which
is plant matter (other than tobacco) the possession of which is
lawful, that is used or is intended to be used for human
consumption by smoking.
(3) A tobacco product does not include:
(a) nicotine or a product containing nicotine, but only to the extent
that the Medicines, Poisons and Therapeutic Goods Act 2012
applies in relation to the nicotine or product containing
nicotine; or
(b) matter that is normally used or is normally intended to be used
for burning as incense.
Part 2 Smoke-free areas
Tobacco Control Act 2002 11
6A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 6A
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Smoke-free areas
7 Smoke-free area
(1) Subject to subsection (2), a smoke-free area is any of the following:
(a) an enclosed public area;
(b) an enclosed workplace area;
(c) an outdoor public venue;
(d) a food service area;
(e) public transport;
(f) a public transport area;
(g) shared accommodation;
(h) an educational facility and the entry and boundary area of the
facility;
(i) an entrance area;
(j) an air-conditioning inlet area;
(k) a voluntarily declared area;
(l) an outdoor eating and drinking area;
(m) the entry and boundary area of a community event or
community facility prescribed by the Regulations.
(2) A smoke-free area does not include:
(a) domestic premises (other than domestic premises to which
paragraph (d) of the definition of educational facility in
section 5 applies); or
Part 2 Smoke-free areas
Tobacco Control Act 2002 12
(b) an exempt area.
7A Voluntarily declared area
(1) The owner or occupier of premises that include an outdoor area
that is used or intended to be used by members of the public may
declare all or part of that area (a voluntarily declared area) to be a
smoke-free area.
(2) The declaration has effect only if the owner or occupier of the
premises prepares and keeps in the premises for inspection by
members of the public and authorised officers a document (the
smoke-free area plan) that:
(a) identifies the smoke-free area; and
(b) if a commercial operation is conducted in, on or from the
premises – describes the training or instruction that is given to
staff to ensure this Act and the smoke-free area plan are
complied with; and
(c) provides for signage that clearly identifies where smoking is or
is not allowed in or on the premises (including signage
required under section 8).
8 Signs to be displayed
(1) An occupier of a smoke-free area must display the prescribed sign
or signs indicating that the area is a smoke-free area.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) An occupier does not commit an offence against subsection (1) in
relation to a smoke-free area of a class prescribed under
subsection (4).
(4) The Regulations may prescribe a class or classes of smoke-free
areas in relation to which subsection (1) does not apply.
9 Smoker commits offence
(1) A person must not smoke in a smoke-free area.
Maximum penalty: 20 penalty units.
Part 2 Smoke-free areas
Tobacco Control Act 2002 13
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant proves:
(a) that there were no prescribed signs in place indicating that the
area was a smoke-free area; and
(b) that there was no other indication given by the occupier of the
area that it was a smoke-free area.
(3) It is a defence to a prosecution for an offence against
subsection (1) if the defendant proves that the defendant was
taking part in a bona fide theatrical performance and did not
continue to smoke for longer than was necessary for the purposes
of the performance.
10 Occupier commits offence
(1) The occupier of premises commits an offence if:
(a) a person smokes in an area of the premises; and
(b) the area is a smoke-free area.
Maximum penalty: 20 penalty units.
(1A) Strict liability applies to subsection (1)(a).
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant proves:
(a) that the prescribed sign or signs had been displayed as
required by section 8(1); and
(b) that the defendant and his or her employees and agents did
not encourage smoking in the smoke-free area (including but
not limited to by not providing ashtrays for the area); and
(c) that:
(i) the defendant and his or her employees and agents did
not know, and could not reasonably have been expected
to know, that the person was smoking; or
(ii) within a reasonable time of becoming aware that the
person was smoking, the defendant or one of his or her
employees or agents had asked the person to stop
smoking or to move to an area in which smoking is not
prohibited under this Act or the Regulations; and
Part 2 Smoke-free areas
Tobacco Control Act 2002 14
(d) if applicable – that the defendant and his or her employees
and agents had stopped providing the person smoking with
goods and services.
(3) A person who is asked to stop smoking or to move in accordance
with subsection (2)(c), or who is no longer being served in
accordance with subsection (2)(d), remains liable to pay for any
goods and services that the person has already been provided with,
or has already ordered, but has not yet paid for.
(4) It is a defence to a prosecution for an offence against
subsection (1) if the defendant proves that the person smoking was
taking part in a bona fide theatrical performance and did not
continue to smoke for longer than was necessary for the purposes
of the performance.
11 Exempt areas
(1) Subject to subsection (2), the Regulations may permit the occupier
of premises or the occupiers of a class of premises to designate an
area within the premises to be an exempt area, subject to the
conditions (if any) specified in the Regulations.
(2) An occupier of premises cannot designate any of the following
areas to be an exempt area:
(a) a dance floor;
(b) an indoor food service area;
(c) a common access area (including but not limited to a foyer
area, a doorway, a passageway, a stairway, a toilet or ablution
area, or a changing room);
(d) an entrance area that is not part of an outdoor food service
area;
(e) an air-conditioning inlet area.
(3) The matters that the Regulations may specify as conditions for the
purposes of subsection (1) include but are not limited to the
following:
(a) a requirement that an occupier of an exempt area establish
and maintain a smoke-free area of equal amenity to that of the
exempt area;
(b) a requirement that an occupier of an exempt area put in place
measures to minimise employees' exposure to environmental
tobacco smoke.
Part 2A Smoking in motor vehicles with children under 16 prohibited
Tobacco Control Act 2002 15
(3A) For the purposes of subsection (3)(a), a smoke-free area of equal
amenity is to be additional to any smoke-free areas specified in
subsection (2).
(4) If a person smokes in an exempt area in circumstances that
contravene a condition specified by the Regulations for the
purposes of subsection (1), the occupier of the exempt area
commits an offence.
Maximum penalty: 20 penalty units.
(4A) The regulations may prescribe the following matters in relation to
exempt areas on or in liquor licensed premises:
(a) the conditions applicable to an exempt area, which may vary
for different liquor authorities;
(b) a process for liquor licensees to obtain a certificate from the
Director certifying that the area complies with the applicable
conditions;
(c) the payment of a fee prescribed by regulation for the
certificate;
(d) any other matters related to exempt areas on or in liquor
licensed premises.
(5) This section does not, and a regulation made for the purposes of
this section cannot, require an occupier of premises to designate an
area within the premises to be an exempt area.
Part 2A Smoking in motor vehicles with children under
16 prohibited
11A Offence to smoke in motor vehicle with child under 16
(1) A person who is 16 years or older commits an offence if:
(a) the person smokes in a motor vehicle; and
(b) the motor vehicle is on a public street or in a public place; and
(c) another person is in the motor vehicle; and
(d) the other person is under 16 years of age.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Part 3 Packaging, advertising and sponsorship, displays, points of sale
Division 1 Packaging requirements
Tobacco Control Act 2002 16
(3) In proceedings for an offence against subsection (1), if it is proved
that the other person appeared to be under the 16 years, the
person is presumed to be under 16 years in the absence of
evidence to the contrary.
Note for subsection (3)
The prosecution has a legal burden to prove that the person appeared to be
under 16 years. The defendant has an evidentiary burden in relation to evidence
to the contrary.
(4) In this section:
public place means a place the public is entitled to use or that is
open to or used by the public, whether on payment of money or
otherwise.
Part 3 Packaging, advertising and sponsorship,
displays, points of sale
Division 1 Packaging requirements
12 Health warnings on packaging
(1) A person must not sell tobacco products unless they are enclosed
in a package that displays a prescribed health warning.
Maximum penalty: 100 penalty units.
(2) A person must not sell tobacco products that are enclosed in 2 or
more packages unless each package displays a prescribed health
warning.
Maximum penalty: 100 penalty units.
(3) A person must not sell a package containing tobacco products on
which:
(a) the words "non-injurious" or "non-hazardous" appear; or
(b) words that convey, or tend to convey, an indication that
smoking is not a hazard to health appear,
whether the package otherwise complies with this Act and the
Regulations or not.
Maximum penalty: 100 penalty units.
(4) An offence against this section is an offence of strict liability.
Part 3 Packaging, advertising and sponsorship, displays, points of sale
Division 2 Advertising and sponsorship restrictions
Tobacco Control Act 2002 17
(5) In this section:
tobacco products do not include e-cigarettes, e-cigarette
accessories or any other device or accessory prescribed by the
Regulations for section 4A.
13 Size of cigarette packets for sale
A person must not sell cigarettes other than in packets containing
20 or more cigarettes.
Maximum penalty: 20 penalty units.
14 Weight of loose tobacco for sale
A person must not sell loose tobacco other than in packets
containing 25 grams or more of loose tobacco.
Maximum penalty: 20 penalty units.
Division 2 Advertising and sponsorship restrictions
15 Tobacco advertising in public places prohibited
(1) A person must not display, publish or broadcast an advertisement
for a tobacco product so that it can be seen or heard in or from a
public place.
Maximum penalty: 200 penalty units.
(2) A person does not commit an offence against subsection (1) if:
(a) the display, publication or broadcast is for a bona fide purpose
other than the promotion of the tobacco product; or
(b) the advertisement is in, on or part of the packaging of the
tobacco product, but only if the advertisement does not extend
beyond the borders of the packaging and was not added to
the packaging after the tobacco product was sold by
wholesale; or
(c) the advertisement is, or is in a class of advertisements,
prescribed by the Regulations.
16 Brand marketing and value-added marketing prohibited
A person must not engage in brand marketing or value-added
marketing in relation to a tobacco product.
Maximum penalty: 200 penalty units.
Part 3 Packaging, advertising and sponsorship, displays, points of sale
Division 2 Advertising and sponsorship restrictions
Tobacco Control Act 2002 18
17 Price discounting not to be advertised
A person commits an offence if:
(a) the person engages in price discounting of a product; and
(b) the product is a tobacco product; and
(c) the person advertises the price discounting of the product.
Maximum penalty: 20 penalty units.
18 Restrictions on price boards
A person who sells tobacco products by retail must not display the
availability or prices of tobacco products other than on a price board
that complies with the prescribed requirements (if any).
Maximum penalty: 20 penalty units.
19 Sponsorship of events restricted
(1) A person must not sponsor a public event if, included as part of the
sponsorship arrangement, is the display, publication or broadcast
of:
(a) the brand, brand name or trade mark of a tobacco product; or
(b) the name of a manufacturer of a tobacco product; or
(c) the name of a distributor, wholesaler or retailer who is
engaged solely or predominantly in the distribution,
wholesaling or retailing of tobacco products; or
(d) a name that a reasonable person would associate with a
tobacco product.
Maximum penalty: 200 penalty units.
(2) In subsection (1):
public event means an event that members of the public may
attend, whether on payment of an entry fee or not.
Part 3 Packaging, advertising and sponsorship, displays, points of sale
Division 3 Display restrictions
Tobacco Control Act 2002 19
Division 3 Display restrictions
20 Display of tobacco products
(1) The occupier of premises in, on or from which tobacco products are
sold must ensure the products cannot be seen from inside or
outside the premises.
Maximum penalty: 20 penalty units.
(2) Subsection (1) does not apply in relation to:
(a) the display of tobacco products which can only be seen by the
occupier of the premises or someone acting for the occupier of
the premises; or
(b) the display of tobacco products:
(i) in or on a vending machine; or
(ii) the display of particular tobacco products to a particular
person for a sale of the products; or
(iii) the display of particular tobacco products by a particular
person following the sale of the products to the person;
or
(iv) the display of tobacco products in circumstances
prescribed by regulation.
(3) An offence against subsection (1) is an offence of strict liability.
22 Conditions of vending machine displays
(1) If a vending machine is the sole point of sale of tobacco products in
a bar area of liquor licensed premises:
(a) the numbers of packets of cigarettes, cigars (other than cigars
sold singly) or other tobacco products displayed in or on the
machine:
(i) cannot exceed one packet of each kind of cigarette,
cigar or other tobacco product that is available under
each brand name; and
(ii) cannot exceed one packet of each size of packet for
each kind of cigarette, cigar or other tobacco product
that is available under each brand name; and
Part 3 Packaging, advertising and sponsorship, displays, points of sale
Division 4 Restrictions on points of sale
Tobacco Control Act 2002 20
(b) the total area of tobacco products displayed in or on the
machine cannot exceed the prescribed area (if any).
(3) For the purposes of subsection (1), the Regulations may prescribe
an area to be nil.
(4) The liquor licensee of liquor licensed premises commits an offence
if subsection (1) is contravened in relation to a vending machine in
a bar area of the premises.
Maximum penalty: 20 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
23 Signs to be displayed on vending machines
(1) The liquor licensee of liquor licensed premises on which a vending
machine is located must ensure that both of the following are
affixed to, and kept conspicuously displayed on, the front of the
machine:
(a) a prescribed health warning;
(b) a prescribed notice indicating that selling tobacco products to
children is prohibited.
Maximum penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Division 4 Restrictions on points of sale
25 Point of sale restrictions
(1) The occupier of premises commits an offence if:
(a) the premises are not liquor licensed premises; and
(b) there is more than one point of sale for tobacco products in or
on the premises.
Maximum penalty: 100 penalty units.
(2) The occupier of premises commits an offence if:
(a) the premises are liquor licensed premises; and
(b) in or on the premises there is:
(i) more than one over the counter point of sale for tobacco
products for each bar area of the premises; or
Part 3 Packaging, advertising and sponsorship, displays, points of sale
Division 4 Restrictions on points of sale
Tobacco Control Act 2002 21
(ii) more than one vending machine for tobacco products for
each bar area of the premises.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (1) or (2) is an offence of strict
liability.
26 Vending machine restrictions
(1) The occupier of premises commits an offence if:
(a) the premises are not liquor licensed premises; and
(b) there is a vending machine for tobacco products in or on the
premises.
Maximum penalty: 100 penalty units.
(2) The occupier of premises commits an offence if:
(a) the premises are liquor licensed premises; and
(b) there is a vending machine for tobacco products in an area of
the premises; and
(c) the area is not a children free area.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (1) or (2) is an offence of strict
liability.
(5) In this section:
children free area means an area in liquor licensed premises
prohibited to children under section 298 of the Liquor Act 2019.
27 Signs to be displayed at point of sale other than vending
machine
(1) The occupier of premises commits an offence if:
(a) there is a point of sale for tobacco products, other than a
vending machine, in or on the premises; and
(b) neither of the following are displayed at the point of sale:
(i) a prescribed health warning;
Part 4 Licensing of tobacco retailers
Tobacco Control Act 2002 22
(ii) a prescribed notice indicating that selling tobacco
products to children is prohibited.
Maximum penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Part 4 Licensing of tobacco retailers
28 Offence to sell by retail without licence
A person must not sell a tobacco product by retail unless:
(a) the person sells the tobacco product in, on or from premises
specified in a tobacco retail licence; and
(b) the person is:
(i) the licensed tobacco retailer in respect of the premises
referred to in paragraph (a); or
(ii) an employee or agent of that licensed tobacco retailer;
or
(iii) any other person authorised under the tobacco retail
licence referred to in paragraph (a) to sell tobacco
products by retail in, on or from the premises referred to
in paragraph (a); and
(c) the sale is otherwise authorised under the tobacco retail
licence referred to in paragraph (a).
Maximum penalty: 500 penalty units.
29 Grant or refusal of licence
(1) An application for the grant of a tobacco retail licence:
(a) is to be in a form approved by the Director; and
(b) is to specify:
(i) the premises to which the application relates; and
(ii) a licence period of 1 year, 3 years or 5 years; and
(c) is to be accompanied by the information and fee prescribed by
regulation.
Part 4 Licensing of tobacco retailers
Tobacco Control Act 2002 23
(2) On receipt of an application for the grant of a tobacco retail licence
in accordance with subsection (1), the Director may:
(a) grant the licence for the licence period specified in the
application, subject to the conditions (if any) specified in the
licence; or
(b) refuse to grant the licence.
(3) The Director may only grant a tobacco retail licence if:
(a) the Director is satisfied:
(i) if the application relates to liquor licensed premises –
that the applicant is the liquor licensee of those
premises; and
(ii) if the application relates to any other kind of premises –
that the applicant is an adult; and
(iii) as to the prescribed criteria (if any); and
(b) the Director is not aware of any other reason to refuse to grant
the licence.
(4) In considering an application for the grant of a tobacco retail
licence, the Director may require the applicant to provide further
specified information within a specified period.
(5) If a tobacco retail licence is granted to a specialist tobacconist, that
is to be indicated on the licence.
(6) For the purposes of subsection (3)(a)(iii), the Regulations may
prescribe different criteria for different classes of application.
29A Renewal of licence
(1) The holder of a tobacco retailer licence may apply for the renewal
of the licence within 3 months before the expiry date of the licence.
(1A) If an application for renewal is made while the licence is still in
force, the licence remains in force until the date that the applicant is
notified of the outcome of the renewal application.
(1B) If an application for renewal is granted, the renewed licence is
taken to have commenced on the date following the expiry date of
the licence it renews.
Part 4 Licensing of tobacco retailers
Tobacco Control Act 2002 24
(2) Section 29 applies to an application under subsection (1) in the
same way as it applies to an application for the grant of a tobacco
retailer licence.
30 Conditions of licence
The holder of a tobacco retail licence that is in force must comply
with the conditions of the licence.
Maximum penalty: 100 penalty units.
31 Effect of licence
A tobacco retail licence authorises the sale of tobacco products by
retail in, on or from the premises specified in the licence, subject to
the conditions (if any) specified in the licence.
32 When a licence is in force
(1) A tobacco retail licence ceases to be in force when the first of the
following happens:
(a) the end of the licence period;
(b) the licence is surrendered or cancelled under this Part;
(c) if the licensed tobacco retailer is an individual – he or she
dies;
(d) if the licensed tobacco retailer is a body corporate – it is
dissolved.
(2) To avoid doubt, a tobacco retail licence that is suspended remains
in force while suspended unless it ceases to be in force under
subsection (1).
33 Licence to be displayed
A licensed tobacco retailer must display a copy of his or her
tobacco retail licence at each point of sale for tobacco products in
or on the premises so that the copy of the licence can be seen
clearly by customers at that point of sale.
Maximum penalty: 20 penalty units.
34 Surrender of licence
A licensed tobacco retailer may surrender his or her licence by
returning it to the Director.
Part 4 Licensing of tobacco retailers
Tobacco Control Act 2002 25
35 Variation of conditions
(1) An application for the variation of the conditions of a tobacco retail
licence may be made by the licensed tobacco retailer and is to be:
(a) in a form approved by the Director; and
(b) accompanied by the prescribed information (if any).
(2) On receipt of an application for the variation of the conditions of a
tobacco retail licence in accordance with subsection (1), the
Director may:
(a) vary the conditions of the licence in the way proposed in the
application or in a different way from that proposed in the
application; or
(b) refuse to vary those conditions.
(3) The Director may, on his or her own initiative, vary the conditions of
a tobacco retail licence.
(4) The variation of the conditions of a tobacco retail licence:
(a) may include the omission or substitution of some or all of
those conditions or the addition of further conditions; and
(b) may include the substitution of other premises for the
premises specified in the licence.
(5) In considering an application for the variation of the conditions of a
tobacco retail licence, the Director may require the applicant to
provide further specified information within a specified period.
36 Transfer of licence
(1) An application for approval to transfer a tobacco retail licence may
be made by the proposed transferee and is to be:
(a) in a form approved by the Director; and
(b) accompanied by the prescribed information (if any).
(2) On receipt of an application for approval to transfer a tobacco retail
licence in accordance with subsection (1), the Director may:
(a) approve the transfer of the licence subject to the conditions (if
any) specified in the approval; or
(b) refuse to approve the transfer of the licence.
Part 4 Licensing of tobacco retailers
Tobacco Control Act 2002 26
(3) The conditions on which the transfer of a tobacco retail licence is
approved:
(a) may be the same as or different from the conditions on which
the transferor held the licence; and
(b) may include the substitution of other premises for the
premises specified in the licence.
(4) The Director must not approve the transfer of a tobacco retail
licence if, had the application been for the grant of the licence
instead, the Director would have refused to grant the licence.
(5) In considering an application for approval to transfer a tobacco
retail licence, the Director may require the proposed transferee to
provide further specified information within a specified period.
(6) The transfer of a tobacco retail licence takes effect on the date on
which the Director approves the transfer or, if the approval specifies
a later date, the later date.
36A Licence not personal property
For section 8(1)(k) of the Personal Property Securities Act 2009
(Cth), a tobacco retail licence is not personal property for that Act.
Note for section 36A
A law of the Commonwealth, a State or a Territory may declare a right, licence or
authority granted by or under that law not to be personal property for the
Personal Property Securities Act 2009 (Cth).
37 Director to be notified of change in circumstances
A licensed tobacco retailer must notify the Director of a change in
his or her circumstances that is relevant to his or her tobacco retail
licence within 14 days of becoming aware of the change.
Maximum penalty: 20 penalty units.
38 Cancellation or suspension
(1) The Director may cancel or suspend a tobacco retail licence if:
(a) a retailer under the licence is found guilty of an offence
against section 42 or 43; or
(b) a retailer under the licence is found guilty of 2 or more
offences against this Act or the Regulations (other than
offences against section 42 or 43); or
Part 4 Licensing of tobacco retailers
Tobacco Control Act 2002 27
(c) 2 or more retailers under the licence are each found guilty of
an offence against this Act or the Regulations (other than
offences against section 42 or 43); or
(d) a retailer under the licence is issued with 2 or more
infringement notices within a 12-month period; or
(e) 2 or more retailers under the licence are each issued with an
infringement notice within a 12-month period; or
(f) the licensed tobacco retailer provided the Director with
information in support of his or her application for the grant of,
or approval to transfer, his or her tobacco retail licence that
was false or misleading in a material particular.
(2) The suspension of a tobacco retail licence has, during the period of
suspension, the same effect as the cancellation of the licence.
(3) For the purposes of subsection (1), a person is a retailer under a
tobacco retail licence if the person is:
(a) the licensed tobacco retailer; or
(b) an employee or agent of that licensed tobacco retailer; or
(c) any other person authorised under the tobacco retail licence to
sell tobacco products by retail.
39 Notice to show cause
(1) If the Director proposes to make:
(a) a decision under section 29 granting a tobacco retail licence
subject to a specified condition or refusing to grant a tobacco
retail licence; or
(aa) a decision under section 29A renewing a tobacco licence
subject to a specified condition or refusing to renew a tobacco
licence; or
(b) a decision under section 35 varying the conditions of a
tobacco retail licence (either in a different way from that
proposed in the application or on the Director's own initiative)
or refusing to vary the conditions of a tobacco retail licence; or
(c) a decision under section 36 approving the transfer of a
tobacco retail licence subject to a specified condition or
refusing to approve the transfer of a tobacco retail licence; or
Part 4A Review of decisions
Tobacco Control Act 2002 28
(d) a decision under section 38 cancelling or suspending a
tobacco retail licence,
the Director must invite the applicant for the grant of the licence, the
licensed tobacco retailer or the proposed transferee (as the case
may be) to provide, within a specified period, written reasons as to
why the Director should not make that decision or should make a
different decision.
(2) Before making a decision of a kind referred to in subsection (1)(a),
(b), (c) or (d), the Director must consider any reasons provided by
the applicant, licensed tobacco retailer or proposed transferee in
accordance with subsection (1).
40 Notice of and reasons for decision
(1) Within the prescribed period after making a decision under this
Part, the Director must give the applicant for the grant of the
licence, the licensed tobacco retailer or both the proposed
transferee and transferor (as the case may be):
(a) written notice of the decision; and
(b) if the decision is of a kind referred to in section 39(1)(a), (b),
(c) or (d) – written reasons for the decision.
(2) In subsection (1):
prescribed period means:
(a) the period (if any) prescribed by the Regulations; or
(b) if no period is prescribed for the purposes of paragraph (a) –
28 days.
Part 4A Review of decisions
41 Definitions
In this Part:
affected person, for a reviewable decision, means a person to
whom any of the following applies:
(a) for a decision that relates to disciplinary action relating to a
licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the
person is the applicant;
Part 4A Review of decisions
Tobacco Control Act 2002 29
(c) the person made a submission, complaint or objection
(however described) during the process that resulted in the
decision being made.
delegate decision means a reviewable decision that is made by a
delegate of the Director.
reviewable decision means a decision specified in the Schedule.
41A Notice of delegate decision
(1) As soon as practicable after making a delegate decision, a delegate
of the Director must give written notice of the decision to each
affected person.
(2) The notice must state the following:
(a) the delegate decision and the reasons for it;
(b) that the affected person may apply for a review of the decision
under section 41B;
(c) the period allowed for applying for a review.
41B Application for review
(1) An affected person for a delegate decision may apply to the
Director for a review of the decision.
(2) The application must be made:
(a) within 28 days after written notice of the delegate decision is
given to the affected person; or
(b) by any later date allowed by the Director.
(3) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on
to establish the grounds.
41C Effect of application on delegate decision
(1) The making of the application does not stay the operation of the
delegate decision.
Part 4A Review of decisions
Tobacco Control Act 2002 30
(2) Despite subsection (1), the Director may stay the operation of the
delegate decision pending completion of the review.
41D Director to consider application
(1) On receipt of the application, the Director must review the delegate
decision.
(2) Despite subsection (1), if satisfied the application is frivolous or
vexatious, the Director may reject the application without reviewing
the delegate decision.
41E Conducting and deciding review
(1) In reviewing the delegate decision, the Director must:
(a) take into account any matter that this Act requires the Director
to take into account in reviewing the decision; and
(b) follow the procedures for review determined by the Director;
and
(c) comply with the rules of natural justice.
(2) After reviewing the delegate decision, the Director must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
41F Notice of decision on review
(1) As soon as practicable after making a decision under section 41E,
the Director must give written notice of the decision to the following
persons:
(a) the applicant;
(b) any other affected person.
(2) The notice must state the following:
(a) the Director's decision and the reasons for it;
(b) details of any right the person has under this Act to apply for a
review of, or to appeal, the Director's decision.
Part 5 Sale by children and sale or supply to children
Tobacco Control Act 2002 31
41G Application to NTCAT for review of Director's decision
(1) Subject to subsection (2), an affected person for a reviewable
decision may apply to NTCAT for review of the decision.
(2) An affected person may only apply to NTCAT once the person has
exhausted any other available avenue of review under this Division.
Note for section 41G
A delegate decision must be reviewed by the Director under this Division before
an application is made to NTCAT.
Part 5 Sale by children and sale or supply to children
42 Sale to children prohibited
(1) A person must not sell a tobacco product to a child.
Maximum penalty: 200 penalty units.
(2) For the purposes of subsection (1), it is irrelevant that the child was
purchasing the tobacco product for or on behalf of an adult.
(3) If an adult employee of a licensed tobacco retailer sells a tobacco
product to a child, the licensed tobacco retailer is taken to have
committed an offence against subsection (1).
(6) A person may be prosecuted and found guilty of an offence against
subsection (1), including an offence committed by virtue of
subsection (3), even though no other person is prosecuted or found
guilty of an offence against subsection (1).
42A Sale of tobacco product by child employee
(1) This section applies if a child employee of a licensed tobacco
retailer sells a tobacco product.
(2) The licensed tobacco retailer commits an offence.
Maximum penalty: If the purchaser was, at the time of sale, an
adult – 100 penalty units.
If the purchaser was, at the time of sale, a
child – 200 penalty units.
Part 5 Sale by children and sale or supply to children
Tobacco Control Act 2002 32
(3) If, at the time of the sale, the child employee was being supervised
by an adult employee of the licensed tobacco retailer – the adult
employee also commits an offence.
Maximum penalty: If the purchaser was, at the time of sale, an
adult – 100 penalty units.
If the purchaser was, at the time of sale, a
child – 200 penalty units.
43 Supply to, or purchase for, children prohibited
(1) A person must not supply, or offer to supply, whether by gift or
other means, a tobacco product to a child or to a person who the
supplier knows, or ought reasonably to know, will supply the
product to a child.
Maximum penalty: 200 penalty units.
(2) A person must not purchase a tobacco product for use by a child.
Maximum penalty: 200 penalty units.
44 Defence
It is a defence to a prosecution for an offence against section 42(1)
(including an offence committed by virtue of section 42(3), (4)
or (5)) or an offence against section 43 if the defendant proves:
(a) that, immediately before the sale, supply, offer or purchase of
the tobacco product, the person who sold, supplied or offered
to supply, or who purchased, the tobacco product was shown
photographic identification indicating that the sale, supply or
offer was being made to, or the purchase was for, an adult;
and
(b) that, at that time, a reasonable person would have had no
reason to suspect that the photographic identification was
false or related to another person.
45 False identification
A person commits an offence if:
(a) the person uses photographic identification; and
(b) the photographic identification is false or belongs to another
person; and
Part 6 Administration and enforcement
Tobacco Control Act 2002 33
(c) the person does so with intent to obtain a tobacco product.
Maximum penalty: 20 penalty units.
46 Sale of children's products resembling tobacco products
A person must not sell a product designed or marketed for
consumption or use by children (including but not limited to
confectionery and toys) if it:
(a) resembles, or is packaged to resemble, a tobacco product; or
(b) has or is likely to have the effect of encouraging children to
smoke (whether it is intended to have that effect or not).
Maximum penalty: 20 penalty units.
Part 6 Administration and enforcement
47 Authorised officers
(1) The Chief Health Officer may appoint in writing a person or class of
persons to be an authorised officer or authorised officers.
(2) An appointment under subsection (1) authorises an authorised
officer:
(a) to administer and enforce the provisions of this Act or the
Regulations specified in the appointment or, if none are
specified, to administer and enforce the provisions of this Act
and the Regulations generally; and
(b) to perform the functions and exercise the powers of an
authorised officer in relation to the class or classes of
premises specified in the appointment or, if none are
specified, to perform the functions and exercise the powers of
an authorised officer in relation to premises generally.
(3) A member of the Police Force is an authorised officer.
48 Identity cards
(1) The Chief Health Officer must issue to an authorised officer (other
than a member of the Police Force) an identity card that specifies
the name and appointment of the authorised officer and on which
there is a recent photograph and the signature of the authorised
officer.
Part 6 Administration and enforcement
Tobacco Control Act 2002 34
(2) A person who held an appointment as an authorised officer must, in
the absence of reasonable excuse, return his or her identity card to
the Chief Health Officer as soon as practicable after ceasing to hold
that appointment.
Maximum penalty: 20 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
49 Functions
The functions of an authorised officer include the administration and
enforcement of this Act and the Regulations.
50 Entry and search powers
(1) An authorised officer may, at all reasonable times, enter premises
where the authorised officer believes tobacco products are being
packaged, sold, supplied, or displayed for the purpose of sale or
supply.
(2) An authorised officer who enters premises under subsection (1)
may do any of the following:
(a) inspect the premises and any vending machines found in or
on the premises;
(b) examine any tobacco products, and any packages that are
used or are intended to be used for packaging tobacco
products, found in or on the premises;
(c) take measurements of the premises or any thing found in or
on the premises;
(d) take photographs, films or audio, video or other recordings of
the premises;
(e) if the authorised officer believes on reasonable grounds that
an offence against this Act or the Regulations has been or is
being committed – seize goods or other things or samples of
goods or other things for use as evidence in a prosecution for
the offence;
(f) take copies of or extracts from documents found in or on the
premises;
(g) require a person in or on the premises to:
(i) answer questions or provide information; or
Part 6 Administration and enforcement
Tobacco Control Act 2002 35
(ii) make available documents kept on the premises; or
(iii) provide reasonable assistance to the authorised officer
in relation to the exercise of his or her powers under this
section.
(3) After seizing goods, things or samples under subsection (2)(e), an
authorised officer must give a receipt for the goods, things or
samples to:
(a) the occupier or a person apparently in charge of the premises;
or
(b) the person who the authorised officer reasonably believes was
in possession of the goods, things or samples.
(4) The following provisions apply in relation to goods, things or
samples seized under subsection (2)(e):
(a) if a prosecution for an offence against this Act or the
Regulations is instituted within 12 months after the seizure
and the defendant is found guilty, the court may order that:
(i) the goods, things or samples be forfeited to the Territory;
or
(ii) the defendant pay to the Territory an amount equal to
the market value of the goods, things or samples when
seized, being the value determined by the court;
(b) if:
(i) a prosecution for an offence against this Act or the
Regulations is not instituted within 12 months after the
seizure; or
(ii) on such a prosecution being instituted within that period,
the defendant is not found guilty or the court does not
make an order under paragraph (a),
the authorised officer must release the goods, things or
samples to the owner or the person who had possession,
custody or control over the goods, things or samples
immediately before they were seized.
Part 6 Administration and enforcement
Tobacco Control Act 2002 36
50A Power to stop motor vehicle and smoking in motor vehicle
If an authorised officer suspects on reasonable grounds that a
person in a motor vehicle is committing or has committed an
offence against section 11A, the authorised officer may do either or
both of the following:
(a) require the driver of the motor vehicle to stop the motor
vehicle;
(b) require the person to stop smoking.
51 Power to require identification
(1) Where an authorised officer believes on reasonable grounds that a
person whose name, address or age is not known to the officer may
be able to assist the officer in inquiries in connection with an
offence against this Act or the Regulations that has been, may have
been, is being or may be committed, the officer may require the
person:
(a) to state his or her name, address and age; and
(b) to provide, without delay, proof of age.
(2) When requiring a person to make a statement or provide proof of
age under subsection (1), the authorised officer must warn the
person that it is an offence to fail to comply with the requirement.
52 Obstruction etc. of authorised officers
A person must not, without reasonable excuse:
(a) obstruct or hinder an authorised officer in the exercise of his or
her powers under this Act or the Regulations; or
(b) fail to comply with a requirement of an authorised officer under
this Act or the Regulations.
Maximum penalty: 100 penalty units.
53 Wholesalers to provide information about retailers
(1) The Director may require a wholesaler of tobacco products to
provide the Director with information sufficient to identify the
retailers of tobacco products to whom the wholesaler sells or
supplies tobacco products and to locate the business premises of
those retailers.
Part 6 Administration and enforcement
Tobacco Control Act 2002 37
(2) A wholesaler must comply with a requirement under subsection (1).
Maximum penalty: 100 penalty units.
53A Wholesalers to provide information about quantity of tobacco
products supplied
(1) The Chief Health Officer may request a wholesaler to provide the
Chief Health Officer with information about the quantity of tobacco
products sold or supplied by the wholesaler to retailers of tobacco
products.
(2) A wholesaler must comply with a request made under
subsection (1).
Maximum penalty: 100 penalty units.
54 Misleading information
(1) A person commits an offence if:
(a) the person gives information to another person; and
(b) the other person is a relevant officer; and
(c) the person knows the information is misleading; and
(d) the person knows the relevant officer is acting in an official
capacity.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if:
(a) the person gives a document to another person; and
(b) the other person is a relevant officer; and
(c) the person knows the document contains misleading
information; and
(d) the person knows the relevant officer is acting in an official
capacity.
Maximum penalty: 100 penalty units.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
Part 6 Administration and enforcement
Tobacco Control Act 2002 38
(4) Subsection (2) does not apply if the person, when giving the
document:
(a) draws the misleading aspect of the document to the relevant
officer's attention; and
(b) to the extent to which the person can reasonably do so – gives
the relevant officer the information necessary to remedy the
misleading aspect of the document.
(5) In this section:
acting in an official capacity, in relation to a relevant officer,
means the relevant officer is exercising powers or performing
functions under, or otherwise related to the administration of, this
Act.
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
relevant officer means the Director, the Chief Health Officer or an
authorised officer.
54A Appointment of Director of Tobacco Control
The Minister must, in writing, appoint a person to be the Director of
Tobacco Control.
54B Annual report
(1) The Director must, within 3 months after the end of each financial
year, give the Minister a report on the operation of Director's
powers and functions under this Act during that year.
(2) The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
54C Approved forms
The Director may approve forms for this Act.
55 Delegation by Chief Health Officer or Director
(1) The Chief Health Officer or the Director may delegate in writing to a
person any of his or her powers or functions under this Act or the
Regulations.
Part 6 Administration and enforcement
Tobacco Control Act 2002 39
(2) If the Chief Health Officer delegates to the Director a power or
function under section 47 in relation to the appointment of
authorised officers, the Director may delegate in writing to a person
that power or function.
56 Legal immunity
(1) This section applies to a person who is or has been:
(a) the Chief Health Officer; or
(b) the Director; or
(c) an authorised officer; or
(d) a person required to assist an authorised officer under
section 50(2)(g)(iii).
(2) No civil or criminal proceedings lie against a person to whom this
section applies in relation to an act done or omission made in good
faith in the exercise or purported exercise of a power or the
performance or purported performance of a function under this Act
or the Regulations.
(3) Subsection (2) does not affect any liability that the Territory would,
but for that subsection, have for an act or omission.
(4) This section has effect subject to Part VIIA of the Police
Administration Act 1978 to the extent it relates to the civil liability of
an authorised officer who is or has been a member of the Police
Force.
57 Confidentiality of information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing
functions connected with the administration of this Act; and
(b) the person engages in conduct that results in the disclosure of
the information.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if:
(a) the person discloses the information:
(i) for the administration of this Act; or
Part 7 Miscellaneous
Tobacco Control Act 2002 40
(ii) with the consent of the person to whom the information
relates; or
(iii) for legal proceedings arising out of the operation of this
Act; or
(b) the information is otherwise available to the public.
Note for subsection (2)
In addition to the circumstances mentioned in subsection (2), a person who
discloses confidential information will not be criminally responsible for an offence
if the disclosure is justified or excused by or under a law (see section 43BE of the
Criminal Code).
Part 7 Miscellaneous
57A Acquisition on just terms
If the operation of this Act would, apart from this section, result in
an acquisition of property from a person otherwise than on just
terms:
(a) the person is entitled to receive from the Territory the
compensation necessary to ensure the acquisition is on just
terms; and
(b) a court of competent jurisdiction may decide the amount of
compensation or make the orders it considers necessary to
ensure the acquisition is on just terms.
58 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The Regulations may:
(a) exempt specialist tobacconists from compliance with one or
more of the provisions in Part 3, Division 2, 3 or 4; or
(b) modify one or more of the provisions in Part 3, Division 2, 3
or 4 in their application to specialist tobacconists; or
Part 7 Miscellaneous
Tobacco Control Act 2002 41
(c) require specialist tobacconists to comply with one or more of
the provisions of the Regulations instead of one or more of the
provisions in Part 3, Division 2, 3 or 4.
(3) For the purpose of prescribing a sign, health warning or notice, the
matters that the Regulations may provide for include but are not
limited to all or any of the following:
(a) the words, symbols or images that comprise the sign, health
warning or notice;
(b) the place where those words, symbols or images are to be
marked;
(c) the size, type face and colour in which those words, symbols
or images are to be marked and the colour of their
background;
(d) the manner of marking, whether by printing or otherwise, the
sign, health warning or notice;
(e) the manner, form and method of displaying the sign, health
warning or notice;
(f) the area or size of the sign, health warning or notice.
(4) The Regulations may provide for any of the following matters:
(a) the application, adoption or incorporation (wholly or in part and
with or without modification) an instrument or other document
as in force at a particular time or from time to time;
(b) penalties for offences against the Regulations not exceeding
100 penalty units for an individual and 500 penalty units for a
body corporate;
(c) offences against the Regulations to be regulatory offences;
(d) the payment of a prescribed amount instead of a penalty that
may otherwise be imposed for an offence against this Act or
the Regulations;
(e) the service of an infringement notice in respect of payment of
a prescribed amount on a person alleged to have committed
an offence referred to in paragraph (d) and the particulars to
be included in that notice.
(5) The Regulations may make different provision for different matters
or different classes of matters.
Part 8 Transitional matters for Tobacco Control Legislation Amendment Act 2010
Tobacco Control Act 2002 42
Part 8 Transitional matters for Tobacco Control
Legislation Amendment Act 2010
59 Outdoor eating and drinking areas – exemption for transitional
period
(1) The purpose of this section to allow the licensee of liquor licensed
premises to apply for and be granted an exemption relating to
provisions about outdoor eating and drinking areas contained in the
Tobacco Control Legislation Amendment Act 2010 before the
commencement of those provisions.
Note for subsection (1)
The Tobacco Control Legislation Amendment Act 2010, Part 3, Division 1
includes amendments to this Act that relate to outdoor eating and drinking areas.
These amendments commence on 2 January 2011.
(2) The licensee of liquor licensed premises may apply to the Minister
for an exemption relating to all or specified parts of a proposed
outdoor eating and drinking area in or on the premises from the
smoke-free requirements during a specified period within the
transitional period.
(3) The application must:
(a) be made before the start of the transitional period; and
(b) state both of the following:
(i) the licensee intends to designate an outdoor smoking
area for the premises;
(ii) work for establishing the area cannot reasonably be
completed before 2 January 2011 or a later specified
date that is before the end of the transitional period.
(4) The Minister may grant the exemption only if satisfied about the
matters mentioned in subsection (3)(b).
(5) The exemption may include any conditions the Minister considers
reasonable in the circumstances.
(6) In this section:
outdoor eating and drinking area means an outdoor eating and
drinking area as defined in section 5B of this Act after section 16 of
the Tobacco Control Legislation Amendment Act 2010 commences.
Part 9 Transitional matters for Tobacco Control Legislation Amendment Act 2014
Tobacco Control Act 2002 43
outdoor smoking area means an outdoor smoking area as defined
in regulation 3 of the Regulations after section 30 of the Tobacco
Control Legislation Amendment Act 2010 commences.
smoke-free requirements means the requirements that apply to a
smoke-free area under this Act.
transitional period means the period from and including
2 January 2011 to the end of 30 September 2011.
60 Savings – existing tobacco retail licences
(1) Section 32 applies to a tobacco retail licence in force immediately
before 2 January 2011 with the following changes:
(a) section 32(1)(a) does not apply to the licence; and
(b) the licence continues in force until and including
31 December 2011 unless it ceases to be in force at an earlier
time under section 32(1)(b), (c) or (d).
(2) Subsection (1) applies to the licence despite any provision to the
contrary stated in the licence.
Part 9 Transitional matters for Tobacco Control
Legislation Amendment Act 2014
61 Offences – before and after commencement
(1) The offence provisions, as amended by the Tobacco Control
Legislation Amendment Act 2014, apply only in relation to offences
committed after the commencement of that Act (commencement).
(2) The offence provisions, as in force before commencement,
continue to apply in relation to offences committed before
commencement.
(3) For this section, if any of the conduct constituting an offence
occurred before commencement, the offence is taken to have been
committed before commencement.
(4) In this section:
offence provisions means the provisions of this Act that relate to
offences (including in relation to criminal responsibility, defences
and penalties).
Part 10 Transitional matters for Licensing (Director-General) Act 2014
Division 2 Applications
Tobacco Control Act 2002 44
Part 10 Transitional matters for Licensing
(Director-General) Act 2014
Division 1 Definitions
62 Definitions
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and
2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and
Consequential Amendments) Act 2014.
commencement means the commencement of section 22 of the
Licensing (Director-General) Act 2014.
Commission means the Commission as defined in section 3 of the
NTLC Act.
NTLC Act means the Northern Territory Licensing Commission Act
as in force immediately before the commencement.
NTLC Director means the Director as defined in section 3 of the
NTLC Act.
old legislation means the NTLC Act and this Act, as in force
immediately before the commencement.
Division 2 Applications
63 Application to NTLC Director – pending decision
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to
be made by the NTLC Director; but
(b) the NTLC Director had not made a decision on the application.
(2) The application:
(a) is taken to be an application made on the commencement for
the decision to be made by the Director-General; and
Part 10 Transitional matters for Licensing (Director-General) Act 2014
Division 3 Review of decisions
Tobacco Control Act 2002 45
(b) must be dealt with and determined in accordance with this Act
as amended by the 2014 Amending Act.
Note for section 63
The Director-General's decision on the application will be a decision made after
the commencement and may therefore be a reviewable decision or a decision to
which Part 3 of the Licensing (Director-General) Act 2014 applies.
Division 3 Review of decisions
64 New review regime applies to post-commencement decisions
Part 4A applies only in relation to decisions made after the
commencement.
65 Review of pre-commencement decision – application not yet
made
(1) This section applies if, before the commencement:
(a) a decision had been made under this Act and the period for
applying for a review of the decision under Part 4 of the NTLC
Act, as then in force, had not expired; but
(b) an application for a review of the decision had not been made.
(2) A person who would have been entitled to apply for a review of the
decision under the old legislation may do so under the old
legislation, as if the 2014 Acts had not commenced.
(3) The Commission must review the decision in accordance with the
old legislation as if the 2014 Acts had not commenced.
66 Review of pre-commencement decision – application made
(1) This section applies if, before the commencement:
(a) an application had been made under section 28 of the NTLC
Act, as then in force, for review of a decision made under this
Act; but
(b) the Commission had not completed the review.
(2) The Commission must complete the review in accordance with the
old legislation as if the 2014 Acts had not commenced.
Part 10 Transitional matters for Licensing (Director-General) Act 2014
Division 4 General matters
Tobacco Control Act 2002 46
Division 4 General matters
67 Continuation of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred
by this Act on the NTLC Director; and
(b) on the commencement, the power or function (or a
substantially similar power or function) is conferred on the
Director-General.
(2) On the commencement, an ongoing document continues with the
same force and effect as if it had been issued by, or given to, the
Director-General.
(3) On the commencement, an ongoing thing continues with the same
force and effect as if it had been done by, or in relation to, the
Director-General.
(4) This section applies subject to the other provisions of this Part and
Part 5, Division 2 of the Licensing (Director-General) Act 2014.
(5) In this section, a reference to something done before the
commencement includes a reference to something done after the
commencement in accordance with this Part as if it had been done
before the commencement.
(6) In this section:
ongoing document means a document that:
(a) was issued by, or given to, the NTLC Director before the
commencement in or for the exercise of the power or
performance of the function; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the NTLC Director before the
commencement in or for the exercise of the power or
performance of the function; and
(b) immediately before the commencement, had ongoing effect.
Part 11 Transitional matters for Licensing (Director-General) Repeal Act 2020
Tobacco Control Act 2002 47
68 Legal immunity of NTLC Director continues
Despite the amendment made to section 56 by the 2014 Amending
Act, that section continues to apply to a person who has been the
NTLC Director as if the 2014 Amendment Act had not commenced.
Part 11 Transitional matters for Licensing
(Director-General) Repeal Act 2020
69 Definitions
In this Part:
commencement means the commencement of section 3 of the
Licensing (Director-General) Repeal Act 2020.
Director-General means the Director of Licensing appointed under
the repealed Act before its repeal.
repealed Act means the Licensing (Director-General) Act 2014.
70 Applications to be decided by Director
If an application is made to the Director for a decision to be made
under this Act but the decision is not made before the
commencement, the application must be decided by the Director as
if it was made to the Director.
71 Director to complete delegate decision reviews
If an application is made to the Director for a review under Part 3 of
the repealed Act of a delegate decision made under this Act, but
the review is not completed before the commencement, the review
must be conducted by the Director as if the application was made to
the Director.
72 Continuation of instruments, appointments, documents etc.
(1) A statutory instrument or other instrument, an appointment, an
approved form or any other document made or issued by the
Director under this Act or the repealed Act before the
commencement continues in force and is taken after the
commencement to have been made or issued by the Director.
Part 11 Transitional matters for Licensing (Director-General) Repeal Act 2020
Tobacco Control Act 2002 48
(2) Without limiting subsection (1), a delegation by the Director under
this Act or the repealed Act in force immediately before the
commencement is taken after the commencement to be a
delegation by the Director and continues in force until amended or
revoked under this Act.
Schedule Reviewable decisions
Tobacco Control Act 2002 49
Schedule Reviewable decisions
section 41
Section Decision
29 Decision to grant, or refuse to grant, tobacco retail licence
29A Decision to grant, or refuse to grant, renewal of tobacco retail
licence
35 Decision to vary, or refuse to vary, conditions of tobacco retail
licence
36 Decision to approve, or refuse to approve, transfer of tobacco retail
licence
38 Decision to cancel or suspend licence
ENDNOTES
Tobacco Control Act 2002 50
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Tobacco Control Act 2002 (Act No. 68 2002)
Assent date 11 December 2002
Commenced pt 3, divs 2, 3 (other than s 23), 4 (other than s 27) and s 28:
31 May 2003; rem: 1 January 2003 (s 2(2) and Gaz G50,
18 December 2002, p 6)
Tobacco Control Act Amendment Act 2003 (Act No. 24, 2003)
Assent date 26 June 2003
Commenced 31 May 2003 (s 2)
Commercial Passenger (Road) Transport (Consequential Amendments) Act 2003 (Act
No. 41, 2003)
Assent date 7 July 2003
Commenced 1 August 2003 (Gaz G30, 30 July 2003, p 2)
Police Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)
Assent date 17 March 2005
Commenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 14 December 2005
Tobacco Control Legislation Amendment Act 2010 (Act No. 25, 2010)
Assent date 30 June 2010
Commenced pt 3: 2 January 2011; rem: 30 June 2010 (s 2)
Personal Property Securities (National Uniform Legislation) Implementation Act 2010
(Act No. 30, 2010)
Assent date 9 September 2010
Commenced ss 58 to 60: 30 January 2012 (s 2, 24 January 2012);
rem: 25 November 2011 (Gaz, S68, 25 November 2011)
ENDNOTES
Tobacco Control Act 2002 51
Public and Environmental Health Act 2011 (Act No. 7, 2011)
Assent date 16 March 2011
Commenced 1 July 2011 (Gaz S28, 3 June 2011)
Private Hospitals and Private Nursing Homes Amendment Act 2011 (Act No. 16, 2011)
Assent date 20 May 2011
Commenced 20 May 2011
Medicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012)
Assent date 27 April 2012
Commenced 1 May 2014 (Gaz S22, 30 April 2014, p 12)
Tobacco Control Legislation Amendment Act 2014 (Act No. 40, 2014)
Assent date 13 November 2014
Commenced 1 December 2014 (Gaz S122, 1 December 2014)
Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)
Assent date 5 December 2014
Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)
Red Tape Reduction (Miscellaneous Amendments) Act 2016 (Act No. 12, 2016)
Assent date 10 May 2016
Commenced 1 July 2016 (Gaz G26, 29 June 2016, p 2)
Tobacco Control Legislation Amendment Act 2019 (Act No. 4, 2019)
Assent date 27 February 2019
Commenced 1 July 2019 (Gaz G15, 10 April 2019, p 4)
Liquor Act 2019 (Act No. 29, 2019)
Assent date 3 September 2019
Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date 6 November 2019
Commenced pts 2 and 3: 11 December 2019 (Gaz G50,
11 December 2019, p 2); rem: 7 November 2019 (s 2)
Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)
Assent date 9 March 2020
Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Trade, Business and Asian Relations Legislation Amendment (Streamlining Licensing
Schemes and Other Matters) Act 2026 (Act No. 2, 2026)
Assent date 9 February 2026
Commenced 10 February 2026 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 6, 26, 41, 41A, 41B,
41C, 56, 63 and 67.
ENDNOTES
Tobacco Control Act 2002 52
4 LIST OF AMENDMENTS
s 3 amd No. 25, 2010, s 28
s 4A ins No. 4, 2019, s 4
s 5 amd No. 24, 2003, s 4; No. 41, 2003, s 5; No. 25, 2010, ss 4 and 15; No. 16,
2011, s 19; No. 7, 2011, s 140; No. 40, 2014, s 4; No. 44, 2014, s 128; No. 4,
2019, s 5; No. 29, 2019, s 415; No. 4, 2020, s 51; No. 26, 2020, s 3
s 5A ins No. 24, 2003, s 5
s 5B ins No. 25, 2010, s 16
s 5C ins No. 25, 2010, s 16
amd No. 40, 2014, s 5
s 6 amd No. 13, 2012, s 304
s 6A ins No. 40, 2014, s 6
s 7 amd No. 25, 2010, ss 5 and 17; No. 4, 2019, s 6
s 7A ins No. 25, 2010, s 6
s 8 amd No. 25, 2010, s 28; No. 40, 2014, s 7
s 9 amd No. 25, 2010, s 28; No. 40, 2014, s 8
s 10 amd No. 25, 2010, s 28; No. 40, 2014, s 9
s 11 amd No. 24, 2003, s 6; No. 25, 2010, s 18; No. 40, 2014, s 10; No. 44, 2014,
s 131; No. 29, 2019, s 416; No. 4, 2020, s 60
pt 2A hdg ins No. 40, 2014, s 11
s 11A ins No. 40, 2014, s 11
s 12 amd No. 25, 2010, s 28; No. 40, 2014, s 12; No. 4, 2019, s 7
s 13 amd No. 25, 2010, s 28; No. 40, 2014, s 13
s 14 amd No. 25, 2010, s 28; No. 40, 2014, s 14
s 15 amd No. 25, 2010, s 28; No. 40, 2014, s 15
s 16 amd No. 25, 2010, s 28; No. 40, 2014, s 16
s 17 amd No. 25, 2010, s 28
sub No. 40, 2014, s 17
s 18 amd No. 25, 2010, s 19; No. 40, 2014, s 18
s 19 amd No. 25, 2010, s 28; No. 40, 2014, s 19
s 20 sub No. 25, 2010, s 20
amd No. 40, 2014, s 20
s 21 amd No. 24, 2003, s 7
rep No. 25, 2010, s 20
s 22 amd No. 25, 2010, s 21; No. 40, 2014, s 21; No. 29, 2019, s 417
s 23 amd No. 25, 2010, s 28; No. 40, 2014, s 22
s 24 amd No. 25, 2010, s 28
rep No. 40, 2014, s 23
ss 25 – 27 sub No. 40, 2014, s 23
s 26 amd No. 4, 2019, s 8; No. 29, 2019, s 418; No. 33, 2019, s 50
s 28 amd No. 25, 2010, s 28; No. 40, 2014, s 24
s 29 amd No. 25, 2010, s 22; No. 44, 2014, s 131; No. 12, 2016, s 27; No. 4,
2020, s 60
s 29A ins No 25, 2010, s 23
amd No. 2, 2026, s 35
s 30 sub No. 25, 2010, s 7
amd No. 40, 2014, s 25
s 32 sub No. 25, 2010, s 24
amd No. 12, 2016, s 28
s 33 amd No. 25, 2010, s 28; No. 40, 2014, s 26
ss 34 – 36 amd No. 44, 2014, s 131; No. 4, 2020, s 60
s 36A ins No. 30, 2010, s 50
s 37 amd No. 25, 2010, s 28; No. 40, 2014, s 27; No. 44, 2014, s 131; No. 4,
2020, s 60
s 38 amd No. 25, 2010, s 28; No. 44, 2014, s 131; No. 4, 2020, s 60
s 39 amd No. 25, 2010, s 25; No. 44, 2014, s 131; No. 4, 2020, s 60
ENDNOTES
Tobacco Control Act 2002 53
s 40 amd No. 44, 2014, s 131; No. 4, 2020, s 60
pt 4A hdg ins No. 44, 2014, s 129
s 41 sub No. 44, 2014, s 129; No. 4, 2020, s 52
ss 41A – 41C ins No. 44, 2014, s 129
sub No. 4, 2020, s 52
ss 41D – 41G ins No. 4, 2020, s 52
pt 5 hdg amd No. 4, 2019, s 9
s 42 amd No. 25, 2010, s 28; No. 40, 2014, s 28; No. 4, 2019, s 10
s 42A ins No. 4, 2019, s 11
s 43 amd No. 25, 2010, s 28; No. 40, 2014, s 29
s 45 amd No. 25, 2010, s 8
sub No. 40, 2014, s 30
s 46 amd No. 25, 2010, s 28; No. 40, 2014, s 31
s 48 amd No. 25, 2010, s 9; No. 40, 2014, s 32
s 50 amd No. 25, 2010, s 28
s 50A ins No. 40, 2014, s 33
s 52 amd No. 25, 2010, s 28; No. 40, 2014, s 34
s 53 amd No. 25, 2010, s 28; No. 40, 2014, s 35; No. 44, 2014, s 131; No. 4,
2020, s 53
s 53A ins No. 40, 2014, s 36
s 54 amd No. 25, 2010, s 28
sub No. 40, 2014, s 37
amd No. 44, 2014, s 131; No. 4, 2020, s 54
ss 54A – 54C ins No. 4, 2020, s 55
s 55 amd No. 44, 2014, s 131
s 56 amd No. 11, 2005, s 27; No. 44, 2005, s 35; No. 25, 2010, s 28; No. 44,
2014, s 131; No. 4, 2020, s 56
s 57 amd No. 25, 2010, s 10
sub No. 40, 2014, s 38
s 57A ins No. 25, 2010, s 26
s 58 amd No. 25, 2010, s 28
pt 8 hdg sub No. 25, 2010, s 11
s 59 sub No. 25, 2010, s 11
s 60 rep No. 25, 2010, s 11
ins No. 25, 2010, s 27
pt 9 hdg ins No. 40, 2014, s 39
s 61 ins No. 40, 2014, s 39
pt 10 hdg ins No. 44, 2014, s 130
pt 10
div 1 hdg ins No. 44, 2014, s 130
s 62 ins No. 44, 2014, s 130
pt 10
div 2 hdg ins No. 44, 2014, s 130
s 63 ins No. 44, 2014, s 130
pt 10
div 3 hdg ins No. 44, 2014, s 130
ss 64 – 66 ins No. 44, 2014, s 130
pt 10
div 4 hdg ins No. 44, 2014, s 130
ss 67 – 68 ins No. 44, 2014, s 130
pt 11 hdg ins No. 4, 2020, s 58
ss 69 – 72 ins No. 4, 2020, s 58
sch ins No. 44, 2014, s 130
amd No. 4, 2020, s 59