TOBACCO CONTROL REGULATIONS 2002 (Northern Territory)

These Regulations operationalise and detail the Tobacco Control Act 2002 for the Northern Territory by prescribing precise requirements for smoke‑free areas, signage, health warnings, point‑of‑sale restrictions, liquor‑licensed outdoor smoking areas, tobacco retail licensing procedures, and infringement processes. Mechanically, the Regulations:

prescribe exact form, dimensions and content of no‑smoking signage for the smoke‑free areas listed in the Act (size, fonts, colours and the international no‑smoking symbol) (reg 6);
list smoke‑free area classes that do not require signage (for example, enclosed workplaces, educational facilities, courts, libraries) (reg 7);
set conditions under which occupiers and licensees may designate exempt areas inside broader smoke‑free zones, including special rules for casinos (high roller rooms), educational facilities, outdoor public venues, shared accommodation, vessels, oil and gas platforms and liquor licensed premises (regs 8, 8A, 10, 11, 13, 14, 15A, 15B);
prescribe how outdoor smoking areas at liquor licensed premises may be designed and managed, including maximum share of outdoor seating (50%), delineation, buffers, restrictions on entertainment and staff service, and mandatory smoking management plans (reg 15B);
provide a certificate process administered by the Director for outdoor smoking areas, including application form and a fee, evidence value of the certificate in proceedings and cancellation power of the Director (reg 15C);
limit the ability to serve or consume food or drink in outdoor smoking areas that operate under certain authorities issued under the Liquor Act 2019 (reg 15D);
require particular health warnings on packaging (by reference to Commonwealth Trade Practices tobacco product standards) and at points of sale and vending machines, including exact sizing and Quitline contact details (regs 16-18);

NORTHERN TERRITORY OF AUSTRALIA TOBACCO CONTROL REGULATIONS 2002 As in force at 14 April 2020 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Prescribed class of food for food service area ................................. 2 5 Photographic identification............................................................... 2 5A Prescribed community events and community facilities................... 2 Part 2 Requirements relating to smoke-free areas Division 1 Signs for smoke-free areas 6 Form of signs ................................................................................... 3 7 Smoke-free areas that are not required to display signs ................. 4 Division 2 Conditions of exempt areas 8 Casino high roller room may be designated as exempt area ........... 4 8A Minister may declare high roller room within casino ........................ 4 10 Educational facilities ........................................................................ 5 11 Outdoor public venues ..................................................................... 6 13 Personal living areas in shared accommodation ............................. 6 14 Public transport................................................................................ 6 15A Oil and gas platforms ....................................................................... 6 15B Liquor licensed premises – outdoor smoking area .......................... 7 15C Certificate for outdoor smoking area ................................................ 9 15D Limits on outdoor smoking area..................................................... 10 Part 3 Health warnings Division 1 Health warnings on packaging 16 Prescribed health warnings ........................................................... 11 Division 2 Health warnings at points of sale 17 Health warnings on vending machines .......................................... 11 18 Health warnings at other points of sale .......................................... 12

Tobacco Control Regulations 2002 ii Part 4 Restrictions on advertising and points of sale 19 Price boards .................................................................................. 12 Part 5 Notices prohibiting sale or supply to children 23 Notices on vending machines ........................................................ 13 24 Notices at other points of sale ....................................................... 14 Part 6 Requirements relating to tobacco retail licences 25 Application for grant of licence....................................................... 14 25A Application for renewal of licence .................................................. 15 26 Application for approval to transfer licence .................................... 15 Part 7 Infringement notices 27 When infringement notice may be served ..................................... 15 28 Prescribed amount ........................................................................ 16 29 Particulars to be included in infringement notice ........................... 16 30 Expiation of offence ....................................................................... 16 31 Withdrawal of infringement notice.................................................. 17 32 How service effected ..................................................................... 17 33 General .......................................................................................... 17 Part 8 Miscellaneous matters 34 Guidelines...................................................................................... 18 Part 9 Transitional matters for Tobacco Control Amendment Regulations 2009 35 Application on repeal of previous regulation 9 ............................... 18 Part 10 Transitional matter for Red Tape Reduction (Miscellaneous Amendments) Act 2016 36 Application for renewal of licence .................................................. 18 Schedule 1 Prescribed community events and community facilities Schedule 2 Infringement notices prescribed offences and amounts

Tobacco Control Regulations 2002 iii ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 14 April 2020

TOBACCO CONTROL REGULATIONS 2002 Regulations under the Tobacco Control Act 2002 Part 1 Preliminary 1 Citation These Regulations may be cited as the Tobacco Control Regulations 2002. 2 Commencement (1) Part 1, Part 2 (other than regulation 9) and Part 3, Division 1 come into operation on the commencement of Part 1, Part 2 and Part 3, Division 1 respectively of the Act. (2) Part 3, Division 2 comes into operation on the commencement of sections 23 and 27 of the Act to the extent that those sections relate to a health warning referred to in section 23(1)(a) and 27(a) of the Act. (3) Regulation 9 and Part 4 come into operation on 31 May 2003. (4) Part 5 comes into operation on the commencement of sections 23 and 27 of the Act to the extent that those sections relate to a notice referred to in section 23(1)(b) and 27(b) of the Act. (5) Part 6 comes into operation on the commencement of Part 4 (other than section 28) of the Act. (6) Part 7 comes into operation on the commencement of Part 7 of the Act. 3 Definitions In these Regulations: casino has the same meaning as in the Gaming Control Act 1993. casino licence, see section 3 of the Gaming Control Act 1993.

Part 1 Preliminary Tobacco Control Regulations 2002 2 casino licensee means a licensee under a casino licence. declared high roller room means an area declared to be a high roller room under regulation 8A. gaming machine has the same meaning as in the Gaming Machine Act 1995. gaming machine area has the same meaning as in the Gaming Machine Act 1995. gaming machine licence has the same meaning as in the Gaming Machine Act 1995. marked, in relation to a package, means printed on the package or affixed to the package by an adhesive label or other means. occupier of an educational facility means the principal or other person who is responsible for the day to day administration of an educational facility. outdoor smoking areas, see regulation 15B(1). 4 Prescribed class of food for food service area For the purposes of section 5A(2) of the Act, food that is free of charge is a prescribed class of food. 5 Photographic identification For the purposes of paragraph (c) of the definition of photographic identification in section 5 of the Act, the card known as the "18 Plus Card", which is issued by the Registrar of Motor Vehicles, is a form of photographic identification. 5A Prescribed community events and community facilities For section 7(1)(m) of the Act, Schedule 1 prescribes the community events and community facilities.

Part 2 Requirements relating to smoke-free areas Division 1 Signs for smoke-free areas Tobacco Control Regulations 2002 3 Part 2 Requirements relating to smoke-free areas Division 1 Signs for smoke-free areas 6 Form of signs (1) For section 8(1) of the Act, in relation to the smoke-free areas mentioned in section 7(1)(a) to (l) of the Act, a sign indicating that an area is a smoke-free area is to comply with the following requirements: (a) the size of the sign is to be at least A5 (148 millimetres x 120 millimetres); (b) the sign is to have a white background; (c) the sign is to contain the phrase "NO SMOKING" marked in a bold, sans serif font in black capital letters at least 13 millimetres high so that the whole phrase is at least 13 centimetres wide; (d) the sign is to contain the international no smoking symbol of a circle (at least 98 millimetres in diameter) with a diagonal line across it, both printed in red, over a depiction of a cigarette and smoke printed in black; (e) the sign is to contain the phrase "Tobacco Control Act 2002" marked in an italicised, sans serif font in black capital and lower case letters at least 10 millimetres and 7 millimetres high respectively so that the whole phrase is at least 13 centimetres wide; (f) the sign is to contain the phrase "Penalties Apply" marked in a sans serif font in black capital and lower case letters at least 7.5 millimetres and 6 millimetres high respectively. (2) For section 8(1) of the Act, in relation to the smoke-free areas mentioned in section 7(1)(m) of the Act, the sign indicating that the area is a smoke-free area is to comply with the following requirements: (a) the requirements mentioned in subregulation (1); and (b) the sign is to contain the phrase "within 10 metres of the entry and boundary" written immediately under the phrase "NO SMOKING" marked in a sans serif font in black capital and lower case letters at least 7.5 millimetres and 6 millimetres high respectively.

Part 2 Requirements relating to smoke-free areas Division 2 Conditions of exempt areas Tobacco Control Regulations 2002 4 7 Smoke-free areas that are not required to display signs For the purposes of section 8(4) of the Act, signs are not required to be displayed in any of the following classes of smoke-free areas: (a) enclosed workplace areas; (b) educational facilities; (c) places of worship; (d) courts; (da) Parliament House; (e) libraries; (f) museums and art galleries; (g) cinemas and theatres; (h) dance floors; (i) entrance areas into or onto any of the classes of smoke-free areas specified in paragraphs (a) to (h) (inclusive). Division 2 Conditions of exempt areas 8 Casino high roller room may be designated as exempt area For section 11(1) of the Act, a casino licensee for a casino may, by notice given to the Director, designate a declared high roller room in the casino to be an exempt area. 8A Minister may declare high roller room within casino (1) The Minister responsible for administering the Gaming Control Act 1993 may, by Gazette notice, declare an area in a casino to be a high roller room if the casino licensee applies for the declaration and the Minister is satisfied about the following: (a) the area described in the application is a separate room in the casino for conducting gaming that involves minimum and maximum bets that are generally substantially higher than elsewhere in the casino; (b) the room is used substantially for gaming by local, interstate or international visitors to the casino who are individual casino patrons specifically invited to the room (rather than because of a club membership or reward scheme) and a register of patron

Part 2 Requirements relating to smoke-free areas Division 2 Conditions of exempt areas Tobacco Control Regulations 2002 5 numbers and place of residence is kept and reported to the Director; (c) the room is adequately ventilated using an air-conditioning system that is separate from the air-conditioning system or systems used for the remainder of the casino. (2) The declaration is subject to the conditions specified in the Gazette notice. (3) Without limiting the conditions that may be specified under subregulation (2), the Gazette notice must specify that: (a) the ratio of operating gaming tables located in the room to operating gaming machines located in the room must be as specified in the notice; and (b) the total number of gaming machines located in the room must not exceed the number specified in the notice. (4) The casino licensee must comply with the conditions of the declaration. Maximum penalty: 100 penalty units. Note for subregulation (4) The transitional provision in section 61 of the Act applies in relation to this offence. (5) For this regulation: (a) a gaming table is operating only if there is a croupier attending the table; and (b) a gaming machine is not operating if: (i) there is a sign on the machine indicating that it is not operational; or (ii) the machine is not able to be used (for example, because it is out of order or is not switched on). 10 Educational facilities For the purposes of section 11(1) of the Act, the occupier of an educational facility is permitted to designate an area within the facility to be an exempt area, subject to the following conditions: (a) that a majority of staff at the facility (including non-teaching staff) agree to an area being so designated;

Part 2 Requirements relating to smoke-free areas Division 2 Conditions of exempt areas Tobacco Control Regulations 2002 6 (b) that the area so designated is not normally accessible to children and is not in the line of sight of children during the times when it is designated as an exempt area. 11 Outdoor public venues (1) For the purposes of section 11(1) of the Act, the occupier of an outdoor public venue (other than a venue where there is an on-site food service) is permitted to designate an area within the venue to be an exempt area, subject to the following conditions: (a) that the area so designated does not contain more than 50% of the venue's fixed seating; (b) that the occupier establishes and maintains a smoke-free area of equal amenity to the exempt area that contains at least 50% of the venue's fixed seating. (2) In this regulation: on-site food service, in relation to an outdoor public venue, means a business, or an enterprise of a commercial, charitable or community nature, that provides food or drink at the venue. 13 Personal living areas in shared accommodation For the purposes of section 11(1) of the Act, a resident of shared accommodation is permitted to designate the resident's personal living area within the shared accommodation to be an exempt area, subject to the condition that the occupier of the shared accommodation has in place reasonable measures to minimise employees' and other residents' exposure to environmental tobacco smoke. 14 Public transport For the purposes of section 11(1) of the Act, the occupier of public transport that is a vessel is permitted to designate the upper deck or decks of the vessel to be an exempt area, subject to the condition that the occupier has in place reasonable measures to minimise employees' and passengers' exposure to environmental tobacco smoke. 15A Oil and gas platforms For the purposes of section 11(1) of the Act, the occupier of an oil or gas platform is permitted to designate an enclosed workplace area on the platform to be an exempt area, subject to the condition that the area is adequately ventilated.

Part 2 Requirements relating to smoke-free areas Division 2 Conditions of exempt areas Tobacco Control Regulations 2002 7 15B Liquor licensed premises – outdoor smoking area (1) For the purposes of section 11(1) of the Act, the licensee of liquor licensed premises may designate one or more parts of the outdoor eating and drinking areas in or on the premises to be exempt areas (outdoor smoking areas). (2) The outdoor smoking areas must comprise not more than 50% of the total outdoor eating and drinking areas in or on the liquor licensed premises. (3) In addition, the outdoor smoking areas have effect as exempt areas only if all of the following conditions are satisfied: (a) each outdoor smoking area must be clearly delineated from other areas in or on the liquor licensed premises and marked by signage indicating it is an outdoor smoking area; (c) each outdoor smoking area must have buffers along its perimeter that is adjacent to other parts of the outdoor eating and drinking areas in or on the premises; (d) except as provided by subregulation (5), entertainment (for example, live performances, gaming machines and pool tables) must not be provided in the outdoor smoking areas; (e) the licensee of the premises must ensure the outdoor smoke- free areas in or on the premises are at least of equal amenity to the outdoor smoking areas in or on the premises; (f) the licensee of the premises must maintain a smoking management plan that is up to date and available for inspection by authorised officers and patrons; (g) staff service is not available from staff in, or to patrons in, the outdoor smoking areas. (4) For subregulation (3)(c), buffer means: (a) a screen that is impervious to smoke and at least 2.1 metres high; or (b) an area satisfying all of the following requirements: (i) the area is at least 2 metres wide; (ii) patrons are not permitted to smoke in the area; (iv) staff service is not available from staff in the area or to patrons in the area;

Part 2 Requirements relating to smoke-free areas Division 2 Conditions of exempt areas Tobacco Control Regulations 2002 8 (v) if the area contains tables or seating – the area must be marked by signage clearly indicating it is a buffer area and stating that the restrictions mentioned in subparagraphs (ii) to (iv) apply in the area; (vi) at least half of the area must be taken from the area that would otherwise form part of the outdoor smoking area. Examples for subregulation (4)(a) 1 A thick screening hedge that is 2.1 metres high. 2 An artificial screen, or a wall, that is 2.1 metres high. (5) Subregulation (3)(d) does not prevent the provision of the following forms of entertainment: (a) visual equipment (for example, television and projected screens); (b) audio equipment (for example, speakers and juke boxes), other than equipment that is being controlled by a disc jockey. (6) For subregulation (3)(f), a smoking management plan: (a) is a document prepared by the licensee of the liquor licensed premises stating how smoking is managed at the liquor licensed premises with the aim of reducing the harm from smoking in or on the premises; and (b) must: (i) identify the outdoor eating and drinking areas; and (ii) identify the outdoor smoking areas; and (iii) identify the buffers for the outdoor smoking areas; and (iv) state how the licensee will minimise the exposure of staff and patrons to environmental tobacco smoke; and (v) describe the training or instruction that is given to staff to ensure the Act and the plan are complied with; and (vi) provide for signage that clearly identifies where smoking is or is not allowed. (7) In this regulation: outdoor smoke-free area means any part of an outdoor eating and drinking area that is not an exempt area.

Part 2 Requirements relating to smoke-free areas Division 2 Conditions of exempt areas Tobacco Control Regulations 2002 9 staff service: (a) includes taking orders from a patron or delivering or serving food or drinks to a patron or table; but (b) does not include: (i) clearing of plates, cutlery, glasses, rubbish or hazards; or (ii) provision of crowd control or security work as defined in the Private Security Act 1995. 15C Certificate for outdoor smoking area (1) The licensee of liquor licensed premises who has designated, or proposes to designate, an area to be an outdoor smoking area under regulation 15B may apply to the Director for the issue of a certificate for all or part of the outdoor smoking area. (2) The certificate is a document signed by the Director, stating the following matters: (a) for an existing outdoor smoking area – the Director is satisfied the area meets the requirements in regulation 15B(2) to (4), to the extent to which they relate to specified buildings and installations existing in or on the premises (the relevant requirements) when the certificate is issued; (b) for a proposed outdoor smoking area – the Director is satisfied the area will meet the requirements in regulation 15B(2) to (4), to the extent to which they relate to specified proposed buildings and installations in or on the premises (the relevant requirements) when they are built or installed as proposed; (c) for the purposes of deciding whether the relevant requirements are complied with for paragraph (a) or (b) – the Director is satisfied specified areas comprise all the outdoor eating and drinking areas in or on the premises. (3) The application for the certificate must be: (a) in a form approved by the Director; and (b) accompanied by a fee of an amount equal to 50 revenue units. (4) The Director may issue the certificate only if the Director is satisfied about the things mentioned in subregulation (2)(a) to (c) as stated in the certificate.

Part 2 Requirements relating to smoke-free areas Division 2 Conditions of exempt areas Tobacco Control Regulations 2002 10 (5) In deciding the application, the Director may: (a) require a report to be obtained by the licensee in relation to compliance with the relevant requirements (for example, a report about buildings and installations to which the requirements relate); and (b) require the licensee to give the report and any other information relating to the application to the Director; and (c) take into account the report, information and other matters as the Director considers appropriate. (6) Without limiting subregulation (5), the Director may require a report prepared by an architect, a building certifier or another person approved by the Director to be obtained for subregulation (5)(a). (7) In a proceeding for an offence against the Act, the certificate is evidence of the matters stated in the certificate. (8) The Director may cancel the certificate if the Director is no longer satisfied about the things mentioned in subregulation (2)(a) to (c) as stated in the certificate. 15D Limits on outdoor smoking area A liquor licensee must not allow the service or consumption of food or drink in an outdoor smoking area that is operated under the following authorities issued under the Liquor Act 2019: (a) catering authority; (b) community club authority; (c) community event authority; (d) major event authority; (e) special event authority; (f) special venture authority.

Part 3 Health warnings Division 2 Health warnings at points of sale Tobacco Control Regulations 2002 11 Part 3 Health warnings Division 1 Health warnings on packaging 16 Prescribed health warnings For section 12 of the Act, a package is to display a warning message, and (if applicable) a corresponding explanatory message, in compliance with the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations of the Commonwealth as in force from time to time. Division 2 Health warnings at points of sale 17 Health warnings on vending machines For section 23(1)(a) of the Act, a health warning for display on a vending machine is to comply with the following requirements: (a) the size of the warning is to be at least A3 (420 millimetres x 297 millimetres); (b) the warning is to have a white background; (c) the warning is to contain one of the following statements marked in black letters of the maximum, proportionate size that can be accommodated within the size of the warning: (i) "WANT TO QUIT SMOKING?"; (ii) "SMOKING KILLS"; (ii) "SMOKING CAN KILL YOU"; (iv) "NEED HELP TO QUIT SMOKING?"; (d) the warning is to contain the phrase "Call the Quitline on" marked in black capital and lower case letters at least 28 millimetres and 18 millimetres high respectively so that the whole phrase is at least 334 millimetres wide; (e) the warning is to contain the number "137 848" in bold, black numbers at least 35 millimetres high; (f) the warning may (but need not) include an attribution to the Northern Territory Government.

Part 4 Restrictions on advertising and points of sale Tobacco Control Regulations 2002 12 18 Health warnings at other points of sale For section 27(a) of the Act, a health warning for display at a point of sale other than a vending machine is the same as a health warning prescribed by regulation 17 for display on a vending machine. Part 4 Restrictions on advertising and points of sale 19 Price boards (1) For section 18 of the Act, the requirements with which a price board is to comply are set out in this regulation. (2) There is to be only one price board for tobacco products at a point of sale (other than a vending machine) in or on premises. (3) The area of the price board cannot exceed 1 square metre. (4) A price board must not: (a) include a lighting effect that has the effect, or is intended to have the effect, of attracting attention to the board; and (b) without limiting paragraph (a) – be illuminated by any of the following if it will have the effect of causing the board to appear brighter than its surroundings: (i) interior lighting; (ii) exterior lighting attached to the board; (iii) a spotlight or other illuminating device trained directly or indirectly on the board; and (c) include a device that causes movement, or the appearance of movement, of all or any part of the board; and (d) be positioned so that it faces towards a window or public entrance unless the board is more than 2 metres from the window or public entrance. (6) The price board cannot be within 1 metre from a display of products designed or marketed for consumption or use by children (including but not limited to displays of confectionary and toys). (7) The information on the price board is limited to the following: (a) names of tobacco products;

Part 5 Notices prohibiting sale or supply to children Tobacco Control Regulations 2002 13 (b) sizes or quantities of tobacco products; (c) prices of tobacco products; (d) tar contents of tobacco products; (e) countries of origin of tobacco products; (f) barcodes or reference numbers for tobacco products. (8) The information referred to in subregulation (7) (other than barcodes) is to be in letters that are: (a) all the same font and size and not more than 2 centimetres high or 1.5 centimetres wide; and (b) marked only in black on a white background or only in white on a black background. Part 5 Notices prohibiting sale or supply to children 23 Notices on vending machines For section 23(1)(b) of the Act, a notice on a vending machine indicating that selling tobacco products to children is prohibited is to comply with the following requirements: (a) the size of the notice is to be at least A4 (210 millimetres x 297 millimetres); (b) the notice is to have a white background; (c) the notice is to contain the word "NOTICE" marked in a sans serif font in black capital letters at least 12 millimetres high so that the whole word is at least 60 millimetres wide; (d) below the word referred to in paragraph (c), there is to be marked a red, horizontal line at least 275 millimetres wide and 3 millimetres thick; (e) below the line referred to in paragraph (d), the phrases "The sale and supply of tobacco products to children is prohibited. You must be at least 18 years old to purchase tobacco products. Photographic identification may be required." are to be marked in a sans serif font in black capital and lower case letters at least 13 millimetres and 9 millimetres high respectively;

Part 6 Requirements relating to tobacco retail licences Tobacco Control Regulations 2002 14 (f) below the phrases referred to in paragraph (e), there is to be marked another red, horizontal line at least 275 millimetres wide and 3 millimetres thick; (g) below the line referred to in paragraph (f), the phrase "Tobacco Control Act 2002" is to be marked in an italicised, sans serif font in black capital and lower case letters at least 10 millimetres and 7 millimetres high respectively; (h) below the phrase referred to in paragraph (g), the phrase "Severe Penalties Apply" is to be marked in a bold, san serif font in black capital and lower case letters at least 7.5 millimetres and 6 millimetres high respectively so that the whole phrase is at least 7.5 centimetres wide; (i) the notice may (but need not) include an attribution to the Northern Territory Government. 24 Notices at other points of sale (1) For section 27(b) of the Act, a notice at a point of sale other than a vending machine indicating that selling tobacco products to children is prohibited is the same as a notice prescribed by regulation 23. (2) A notice referred to in subregulation (1) is to be conspicuously displayed in the line of sight of customers at the point of sale. Part 6 Requirements relating to tobacco retail licences 25 Application for grant of licence (1) For an application for the grant of a tobacco retailer licence, the information prescribed for section 29(1)(c) of the Act is a national police certificate about the individual who is proposed to be the manager of the business to be conducted on the premises to which the application relates. (2) For an application for the grant of a tobacco retailer licence, the fee prescribed for section 29(1)(c) of the Act is as follows: (a) for the licence period of 1 year – 200 revenue units; (b) for the licence period of 3 years – 600 revenue units; (c) for the licence period of 5 years – 1 000 revenue units.

Part 7 Infringement notices Tobacco Control Regulations 2002 15 25A Application for renewal of licence (1) For an application for the renewal of a tobacco retailer licence, the information prescribed for section 29(1)(c) of the Act is a national police certificate about the individual who is the manager of the business (the manager) conducted on the premises to which the application relates. (2) Subregulation (1) does not apply if: (a) a national police certificate about the manager has been provided to the Director within the previous 5 years; and (b) the manager has not changed; and (c) the application is accompanied by a declaration by the manager stating: (i) that the manager has not been convicted of any offences since the national police certificate was provided; and (ii) whether the manager is the subject of any pending charges for an offence. (3) For an application for the renewal of a tobacco retailer licence, the fee prescribed for section 29(1)(c) of the Act is as follows: (a) for the licence period of 1 year – 200 revenue units; (b) for the licence period of 3 years – 600 revenue units; (c) for the licence period of 5 years – 1 000 revenue units. 26 Application for approval to transfer licence For section 36(1)(b) of the Act, an application for approval to transfer a tobacco retail licence is to be accompanied by a national police certificate about the proposed manager of the business to be conducted on the premises to which the application relates. Part 7 Infringement notices 27 When infringement notice may be served If an authorised officer believes that a person has committed an offence against a provision of the Act or these Regulations specified in column 1 of Schedule 2, the authorised officer may serve an infringement notice on the person.

Part 7 Infringement notices Tobacco Control Regulations 2002 16 28 Prescribed amount The prescribed amount that may be paid, instead of the penalty that may otherwise be imposed, for an offence specified in column 1 of Schedule 2 is the amount specified opposite in column 2. 29 Particulars to be included in infringement notice An infringement notice is to include the following particulars: (a) the name and address of the alleged offender, if known; (b) the date, time and place of the offence; (c) the nature of the offence and the prescribed amount payable in respect of that offence; (d) the person to whom the alleged offender may pay the prescribed amount and the address of that person; (e) the date of the infringement notice and a statement that the prescribed amount may be paid within 28 days after that date; (f) a statement to the effect that, if the alleged offender wishes to pay the prescribed amount, he or she should complete the relevant part of the infringement notice and return the notice with the prescribed amount to the person specified in the notice; (g) a statement to the effect that, if the alleged offender wishes to be dealt with by a court in relation to the offence, he or she should not pay the prescribed amount but should complete the relevant part of the infringement notice and return the notice to the person specified in the notice; (h) a statement that, if the alleged offender does nothing in response to the infringement notice, a summons may be issued requiring the alleged offender to appear before the Local Court to be dealt with in relation to the offence; (i) any other particulars approved by the Chief Health Officer. 30 Expiation of offence (1) If an alleged offender pays the prescribed amount specified in an infringement notice in accordance with the notice, the alleged offender is taken to have expiated the offence and no further proceedings are to be taken in respect of the offence.

Part 7 Infringement notices Tobacco Control Regulations 2002 17 (2) If an alleged offender tenders a cheque in payment of a prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on presentation. 31 Withdrawal of infringement notice An infringement notice may be withdrawn at any time within 28 days after it is served, but before payment of the prescribed amount specified in the infringement notice, by serving on the alleged offender a notice: (a) signed by the Chief Health Officer; and (b) stating that the infringement notice is withdrawn. 32 How service effected Service of an infringement notice, or a notice of withdrawal of an infringement notice, is effected: (a) by serving it personally on the alleged offender; or (b) by posting it to the alleged offender at his or her last known address; or (c) by leaving it for the alleged offender at his or her last known place of residence or business with a person apparently resident or employed there and apparently not less than 16 years of age. 33 General This Part: (a) does not prevent more than one infringement notice in respect of the same offence being served on an alleged offender, but it is sufficient for the application of regulation 30 to an alleged offender on whom more than one infringement notice has been served for the alleged offender to pay the prescribed amount in accordance with any one of those notices; and (b) does not prejudice or affect (except as provided by regulation 30) the institution or prosecution of proceedings, and does not limit the penalty that may be imposed by a court, for an offence; and (c) does not require an infringement notice to be served and does not affect the liability of a person to be prosecuted in a court for an offence in respect of which an infringement notice has not been served.

Part 10 Transitional matter for Red Tape Reduction (Miscellaneous Amendments) Act 2016 Tobacco Control Regulations 2002 18 Part 8 Miscellaneous matters 34 Guidelines (1) The Chief Health Officer may make guidelines to help persons understand their obligations under the Act and these Regulations. (2) The Chief Health Officer must give notice about the making of the guidelines by Gazette notice, including information about where the guidelines may be obtained. Part 9 Transitional matters for Tobacco Control Amendment Regulations 2009 35 Application on repeal of previous regulation 9 (1) If, on 1 January 2010, previous regulation 9 applied to liquor licensed premises and those premises were open for trade and continued to trade after midnight on that day, previous regulation 9 continues to apply to those premises on 2 January 2010 despite its repeal. (2) In this regulation: previous regulation 9 means regulation 9 as in force on 1 January 2010. Part 10 Transitional matter for Red Tape Reduction (Miscellaneous Amendments) Act 2016 36 Application for renewal of licence (1) The former provision continues to apply in relation to an application for the renewal of a tobacco retailer licence made after the commencement if, within the 5 years preceding the making of the application, the Director-General under the Director-General (Licensing) Act 2014 before its repeal or the Director had been provided with a criminal history report. (2) In this section: commencement means the commencement of Part 3, Division 4 of the Red Tape Reduction (Miscellaneous Amendments) Act 2016. criminal history report means a criminal history report mentioned in the former provision.

Part 10 Transitional matter for Red Tape Reduction (Miscellaneous Amendments) Act 2016 Tobacco Control Regulations 2002 19 former provision means regulation 25A(2)(a) as in force immediately before the commencement.

Schedule 1 Prescribed community events and community facilities Tobacco Control Regulations 2002 20 Schedule 1 Prescribed community events and community facilities regulation 5A BMX and motorbike racing facilities Car racing facilities Community festivals Community markets Horse racing facilities Playground equipment Public swimming pools Show grounds Skate parks Sports fields

Schedule 2 Infringement notices prescribed offences and amounts Tobacco Control Regulations 2002 21 Schedule 2 Infringement notices prescribed offences and amounts regulations 27 and 28 Column 1 Offence Provision Column 2 Prescribed Amount Section 8(1) Failing to display sign or signs about area being smoke-free area 0.8 penalty unit Section 9(1) Offence by person smoking in smoke-free area 0.8 penalty unit Section 10(1) Offence by occupier if person smokes in smoke- free area 0.8 penalty unit Section 11(4) Smoking in exempt area in contravention of prescribed conditions 0.8 penalty unit Section 11A(1) Offence to smoke in car with child under 16 2 penalty unit Section 12(1) Selling tobacco products enclosed in package without health warning 0.8 penalty unit Section 12(2) Selling tobacco products enclosed in 2 or more packages without health warning on each package 0.8 penalty unit Section 12(3) Selling tobacco products in package with wording to effect that smoking not health hazard 0.8 penalty unit Section 13 Selling cigarettes other than in packets containing 20 or more 0.8 penalty unit Section 14 Selling loose tobacco other than in packets containing 25 grams or more 0.8 penalty unit

Schedule 2 Infringement notices prescribed offences and amounts Tobacco Control Regulations 2002 22 Section 15(1) Displaying, publishing or broadcasting advertisement for tobacco product in public place 4 penalty units Section 16 Brand marketing or value-added marketing 4 penalty units Section 17 Advertising price discounting 0.8 penalty unit Section 18 Price board or shelf ticket that contravenes prescribed requirements 0.8 penalty unit Section 19(1) Sponsoring public event where sponsorship arrangement includes display, publication or broadcast of tobacco products etc. 4 penalty units Section 20(1) Displaying tobacco products in contravention of Act or Regulations 0.8 penalty unit Section 23(1) Failing to display health warning or notice indicating prohibition on sale of tobacco products to children 0.8 penalty unit Section 25(1) Point of sale restrictions 0.8 penalty unit Section 25(2) Point of sale restrictions 0.8 penalty unit Section 26(1) Vending machine restrictions 0.8 penalty unit Section 26(2) Vending machine restrictions 0.8 penalty unit Section 27(1) Signs to be displayed at point of sale other than vending machine 0.8 penalty unit Section 33 Failing to display tobacco retail licence 0.8 penalty unit

Schedule 2 Infringement notices prescribed offences and amounts Tobacco Control Regulations 2002 23 Section 37 Failing to notify Director of change relevant to tobacco retail licence 0.8 penalty unit Section 45 False identification 0.8 penalty unit Section 46 Selling children's products resembling tobacco products 4 penalty units Section 48(2) Failing to return identity card 0.8 penalty unit Section 52 Obstructing or hindering authorised officer 0.8 penalty unit Section 54 Providing false or misleading information 0.8 penalty unit

ENDNOTES Tobacco Control Regulations 2002 24 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 Regulations (SL No. 59, 2002) Notified 18 December 2002 Commenced r 9 and pt 4: 31 May 2003; rem: 1 January 2003 (r 2, s 2 Tobacco Control Act 2002 (Act No. 68, 2002) and Gaz G50, 18 December 2002, p 6) Amendments of Tobacco Control Regulations (SL No. 32, 2003) Notified 1 July 2003 Commenced 1 July 2003 Amendment of Tobacco Control Regulations (SL No. 38, 2003) Notified 11 July 2003 Commenced 11 July 2003 Tobacco Control Amendment (Quitline Number) Regulations 2005 (SL No. 12, 2005) Notified 18 May 2005 Commenced 18 May 2005 Tobacco Control Amendment Regulations 2009 (SL No. 40, 2009) Notified 14 December 2009 Commenced r 6: 2 January 2010; rem: 14 December 2009 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) Tobacco Control Legislation Amendment Regulations 2010 (SL No. 29, 2010) Notified 9 December 2010 Commenced 2 January 2011 (r 2 and s 2 Tobacco Control Legislation Amendment Act 2010 (Act No. 25, 2010))

ENDNOTES Tobacco Control Regulations 2002 25 Tobacco Control Amendment Regulations 2012 (SL No. 12, 2012) Notified 28 March 2012 Commenced 28 March 2012 Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) Tobacco Control Amendment Regulations 2014 (SL No. 16, 2014) Notified 11 June 2014 Commenced 11 June 2014 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) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) 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) 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) 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: rr 1,3, 8A and 15B. 4 LIST OF AMENDMENTS r 3 amd No. 32, 2003, r 2, No. 40, 2009, r 4; Act No. 25, 2010, s 30; Act No. 29, 2019, s 420 r 4 sub No. 32, 2003, r 3 r 5A ins Act No. 4, 2019, s 13 r 6 amd Act No. 4, 2019, s 14

ENDNOTES Tobacco Control Regulations 2002 26 r 7 amd No. 32, 2003, r 4 r 8 exp No. 59, 2002, rr 8(2) and 15(2) ins No. 40, 2009, r 5 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 8A ins No 40, 2009, r 5 amd Act No. 25, 2010, s 13; Act No. 40, 2014, s 41; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 9 amd No. 32, 2003, r 5 rep No 40, 2009, r 6 r 10A ins No. 38, 2003, r 2 exp No. 38, 2003, r 10A(4) r 11 amd Act No. 25, 2010, s 31 r 12 amd No. 32, 2003, r 6 rep Act No. 25, 2010, s 32 r 15 exp No. 59, 2002, rr 8(2) and 15(2) r 15A ins No. 32, 2003, r 7 r 15B ins Act No. 25, 2010, s 33 amd No. 29, 2010, r 4; No. 16, 2014, r 3 r 15C ins Act No. 25, 2010, s 33 amd No. 29, 2010, r 4; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87 r 15D ins Act No. 29, 2019, s 421 r 16 amd No 40, 2009, r 8 r 17 amd No. 12, 2005, r 3; No 40, 2009, r 8 r 18 amd No 40, 2009, r 8 pt 4 hdg amd Act No. 25, 2010, s 34 r 19 amd No 40, 2009, r 8; Act No. 25, 2010, s 35 r 20 amd No 40, 2009, r 8 rep Act No. 25, 2010, s 36 r 21 amd No. 32, 2003, r 8; No 40, 2009, r 8 rep Act No. 25, 2010, s 36 r 21A ins No. 32, 2003, r 9 amd No 40, 2009, r 8 rep Act No. 25, 2010, s 36 r 22 amd No 40, 2009, r 8 rep Act No. 40, 2014, s 42 rr 23 – 24 amd No 40, 2009, r 8 r 25 amd No 40, 2009, r 8; Act No. 25, 2010, s 37 sub No. 12, 2012, r 3 amd Act No. 12, 2016, s 41 r 25A ins No. 12, 2012, r 3 amd Act No. 44, 2014, s 145; Act No. 12, 2016, s 42; Act No. 4, 2020, s 87 r 26 amd No 40, 2009, r 8; Act No. 12, 2016, s 43 r 27 amd Act No. 4, 2019, s 15 r 28 amd Act No. 4, 2019, s 16 r 29 amd Act No. 8, 2016, s 45 rr 32 – 33 amd No 40, 2009, r 8 pt 8 hdg ins No 40, 2009, r 7 r 34 ins No 40, 2009, r 7 pt 9 hdg ins No 40, 2009, r 7 r 35 ins No 40, 2009, r 7 pt 10 hdg ins Act No. 12, 2016, s 44 r 36 ins Act No. 12, 2016, s 44 amd Act No. 4, 2020, s 87 sch 1 ins Act No. 4, 2019, s 17 sch 2 amd Act No. 23, 2013, s 6; Act No. 40, 2014, s 43; Act No. 44, 2014, s 145; Act No. 4, 2019, s 18; Act No. 4, 2020, s 87

1 TOBACCO CONTROL REGULATIONS 2002

The Regulations rest on a small set of operational concepts that determine who can permit smoking, where, on what terms, and what compliance and enforcement architecture applies.

Smoke‑free areas and exempt areas: The Act identifies classes of smoke‑free areas; the Regulations specify which of those must display signs (reg 6) and which are exempt from the display requirement (reg 7). An occupant or licensee may designate specific exempt areas within smoke‑free zones where smoking may occur, but the Regulations attach conditions to that designation in discrete contexts (regs 8, 10, 11, 13, 14, 15A, 15B). The regulatory design separates the default ban from permitted exceptions and makes the exceptions conditional and technical.
Signage as primary compliance instrument: The Regulations prescribe detailed, dimensional signage standards for general smoke‑free areas (A5 minimum, font sizes, the international “no smoking” symbol dimensions) (reg 6), for vending machine and point‑of‑sale health warnings (A3 for vending machine health warnings with Quitline number 137 848) (reg 17), and for notices prohibiting sale to children (A4 vending machine notice with precise textual and graphical layout) (reg 23). Signage is the principal mechanism for communicating and enforcing prohibitions at place‑based points.
Outdoor smoking areas at liquor premises: A distinctive regime governs outdoor smoking areas operated by liquor licensees. The licence holder may designate up to 50% of outdoor eating and drinking areas as outdoor smoking areas, provided they are clearly delineated, have buffers, do not provide certain entertainment, ensure outdoor smoke‑free areas are at least of equal amenity, maintain a smoking management plan and prohibit staff service in the outdoor smoking area (reg 15B). A certificate from the Director (reg 15C) can fix compliance with the requirements as at issue time and functions as evidence in proceedings; the Director has discretion to require reports and to cancel the certificate (reg 15C(4)-(8)).
Licensing and fit‑and‑proper checks: Tobacco retailer licences require information including a national police certificate for the proposed manager and a fee expressed in revenue units (reg 25(1)-(2)). Renewal similarly requires a police certificate unless one has been provided within five years, the manager has not changed and the manager declares no convictions or pending charges (reg 25A).
Enforcement by infringement notices: The Regulations identify offences for which authorised officers may serve infringement notices (reg 27), specify the prescribed expiation amounts (Schedule 2), set required particulars on notices (reg 29), provide an expiation mechanism (reg 30), and set rules on service and withdrawal (regs 31-33). Most common contraventions attract low prescribed amounts (many are 0.8 penalty unit), while advertising and brand marketing attract higher amounts (4 penalty units) (Schedule 2).
Delegated administrative discretion and evidentiary devices: The Director may issue or cancel outdoor smoking certificates and require third‑party reports (reg 15C(5)-(6)), and the Minister may declare high roller rooms in casinos (reg 8A). Certificates are treated as evidence in proceedings (reg 15C(7)), which converts administrative findings into prosecutorial leverage.

Taken together, these concepts render the statute’s public‑health aims into prescriptive compliance tasks for occupiers, licensees and retailers, with enforcement conducted via signage compliance checks, infringement notices and, where certificates are involved, administrative inspection and reporting.

The Regulations affect distinct groups; who pays, who decides, and who changes behaviour is determinable from the text.

Occupiers and licensees of premises: Occupiers of educational facilities, outdoor public venues, shared accommodation, vessels, oil and gas platforms and liquor licensed premises are given express powers to designate exempt areas subject to conditions (regs 10, 11, 13, 14, 15A, 15B). Licence holders for liquor premises must prepare and maintain a smoking management plan, provide delineation and buffers for outdoor smoking areas, and ensure equal amenity in smoke‑free parts (reg 15B). They must also apply to the Director for a certificate if they want formal recognition that an outdoor smoking area meets the specified requirements (reg 15C).
Tobacco retailers and vending machine operators: Retailers must comply with point‑of‑sale restrictions, price board rules, display notices forbidding sales to children, present packaging with health warnings (in line with Commonwealth standards) and, where vending machines are used, display A3 health warnings and A4 notices about sale to children (regs 16-19, 23-24). Failure to display required signage is an offence with prescribed amounts in Schedule 2.
Managers of tobacco retail businesses: A national police certificate about the proposed manager must accompany licence applications, transfers and, in many cases, renewals (regs 25, 25A, 26). The manager’s criminal history therefore directly affects licencing viability. A renewal exception applies if a certificate was provided within the prior five years and the manager has not changed and declares no convictions or pending charges (reg 25A(2)).
Casino operators and the Minister responsible for gaming: Casino licensees may designate a high roller room as an exempt area by notice to the Director (reg 8). Separately, the Minister responsible for the Gaming Control Act may declare a high roller room in a casino by Gazette notice if certain conditions are met, including ventilation separation and reporting of patron registers to the Director (reg 8A). The Minister’s decision thus enables a distinct exemption pathway that imposes reporting and compliance conditions on the casino licensee, including potential penalties for non‑compliance (reg 8A(4)).
The Director and Chief Health Officer: These officials make discretionary determinations, issue or cancel certificates, approve application forms, require reports, and may make guidelines (regs 15C(3)-(6); reg 34). The Director’s certificate is admissible evidence in proceedings (reg 15C(7)), increasing the administrative weight of the Director’s assessments.
Authorised officers and enforcement personnel: Authorised officers can serve infringement notices (reg 27), thereby initiating the expiation process mapped out at regs 28-33 and Schedule 2. They enforce signage, packaging, vending machine and outdoor smoking area conditions, and carry the investigatory and compliance burden under the Regulations.
Consumers and patrons: Patrons are affected by the boundaries of smoke‑free and outdoor smoking areas, the signage that communicates those boundaries, and the content of health warnings and notices at points of sale. The Regulations alter where smoking is permitted and the presence of buffers and signage that constrain consumer use of premises (reg 15B, reg 6, regs 17-18, regs 23-24).

The distribution of obligations is uneven: businesses and licensees bear concentrated compliance costs (signage, management plans, architectural reports for certificates, loss or repartitioning of seating) while the enforcement and public‑health benefits are collective. Decision power over exemptions and certificates rests with administrative actors (Director, Minister), which creates a compliance interface for private actors seeking exemptions.

The Regulations set precise duties for occupiers, licensees, retailers, and decision makers, and confer a limited set of rights in the form of administrative applications and exemptions.

Key duties:

Signage duty: For smoke‑free areas listed in s 7(1)(a)-(l) the occupier must display a sign that meets the specifications in reg 6(1) (A5 minimum, white background, “NO SMOKING” in bold sans serif, international symbol at least 98 mm diameter, “Tobacco Control Act 2002” and “Penalties Apply” in specified fonts and sizes). For areas under s 7(1)(m) additional text “within 10 metres of the entry and boundary” must appear (reg 6(2)).
Outdoor smoking area conditions for liquor licensed premises: A licensee may designate outdoor smoking areas only up to 50% of outdoor seating (reg 15B(2)), each area must be delineated and signed (reg 15B(3)(a)), buffers must be provided along perimeters adjacent to smoke‑free parts (reg 15B(3)(c) and definition in reg 15B(4)), entertainment restrictions apply (reg 15B(3)(d)-(5)), equal amenity of smoke‑free parts must be ensured (reg 15B(3)(e)), a current smoking management plan must be maintained and available for inspection (reg 15B(3)(f) and reg 15B(6)), and staff service must not be available in smoking areas (reg 15B(3)(g)). Staff service is defined and limited (reg 15B(7)).
Certificate application and compliance: If the licensee applies for a certificate for an outdoor smoking area, the application must follow a form approved by the Director and include a fee of 50 revenue units (reg 15C(3)). The Director may require reports from approved professionals and can issue or cancel certificates; the certificate is evidence in proceedings (reg 15C(4)-(8)).
Health warnings: Packages must carry health warnings compliant with Commonwealth Trade Practices (reg 16). Vending machines must display A3 health warnings with one of specified statements and Quitline contact details 137 848 (reg 17). Points of sale (non‑vending) must show the same warnings (reg 18).
Notices prohibiting sale to children: Vending machines and other points of sale must display A4 notices with prescribed wording including “You must be at least 18 years old” and “Photographic identification may be required” (reg 23). The 18 Plus Card issued by the Registrar of Motor Vehicles is expressly accepted as photographic identification (reg 5).
Licensing duties: Applicants for grant or transfer of a tobacco retail licence must provide a national police certificate for the proposed manager (regs 25(1), 26). Renewal applicants must provide a national police certificate unless an exception applies (reg 25A).
Sign and price board constraints: Retailers must comply with price board rules: only one board per point of sale, area limit of 1 square metre, no lighting effects, no movement, minimum distancing from windows, restricted content and font sizes (reg 19(2)-(4), (6)-(8)).
Record and reporting duties for casinos: If the Minister declares a high roller room, the casino must keep a register of patron numbers and place of residence and report it to the Director as a condition of the room declaration (reg 8A(1)(b), reg 8A(3)-(4)).

Key rights and administrative mechanisms:

Right to designate exempt areas: Occupiers and licensees may, subject to the conditions in the Regulations, designate certain areas as exempt and thereby permit smoking there (regs 8, 10, 11, 13, 14, 15A, 15B).
Right to apply for certification: A licence holder may apply to the Director for a certificate that an outdoor smoking area complies with regulations; if issued the certificate is evidence in proceedings (reg 15C(1)-(7)).
Director discretion and appeal pathways: The Director has procedural powers to require reports and to cancel certificates (reg 15C(5)-(8)). While the Regulations do not set out appeal mechanisms, the administrative character of the Director’s decisions creates a locus for administrative review or judicial review under general Northern Territory administrative law frameworks (note: appeal or review mechanisms are not contained in the Regulations themselves).
Expiation process: Persons served with an infringement notice have the right to pay the prescribed amount within 28 days to expiate the offence (regs 29-30). They also have a right to elect a court process by not paying and returning the notice accordingly (reg 29(g)).

These duties impose specific operational tasks on businesses: producing exactly‑sized signage, creating and maintaining documented smoking management plans, erecting physical buffers or screens, restricting staff service, and sustaining records and reports for certificate applications and casino high roller rooms.

Enforcement is primarily by authorised officers who may serve infringement notices for a defined list of offences; the Schedule sets prescribed amounts in penalty units and different offences carry different weight.

Infringement notice regime: If an authorised officer believes a person has committed an offence listed in Schedule 2, they may serve an infringement notice (reg 27). The notice must include specific particulars (name and address if known, date/time/place, nature of the offence, prescribed amount, recipient for payment, 28‑day timeline, and statements on court election and possible summons) (reg 29). Payment of the prescribed amount in accordance with the notice expiates the offence and bars further proceedings for that offence (reg 30(1)). A cheque only expiates the offence once cleared (reg 30(2)). Notices can be withdrawn by the Chief Health Officer within 28 days before payment (reg 31). Service rules are specified (personal service, posting to last known address, or leaving with a person seemingly aged 16+ at last known residence/business) (reg 32).
Prescribed amounts and penalty unit mapping: Schedule 2 maps offences to prescribed amounts expressed in penalty units. Many common contraventions such as failing to display signs, smoking in smoke‑free areas, selling products without warnings or in wrong pack sizes are set at 0.8 penalty unit. Higher amounts include 4 penalty units for public advertising of tobacco products or brand marketing and 2 penalty units for smoking in a car with a child under 16 (Schedule 2). The Regulations reference penalty units and revenue units; their monetary value is set in other Territory instruments and statutes and is not fixed in these Regulations.
Criminal penalties and specific maximum penalties: Some offences are framed as offences under the Act with maximum penalties distinct from infringement amounts. For example the obligation in reg 8A(4) that the casino licensee comply with conditions of a high roller room declaration carries a maximum penalty of 100 penalty units. The Regulations do not convert penalty units into dollar values.
Director’s administrative enforcement levers: The Director may refuse to issue or may cancel a certificate for an outdoor smoking area if the Director is no longer satisfied that the relevant requirements are met (reg 15C(4), (8)). The Director can require professional reports as part of the application process and can take those reports into account (reg 15C(5)-(6)). Because a certificate is evidence in proceedings (reg 15C(7)), the Director’s administrative finding can assist prosecution.
Criminal proceedings and alternative or cumulative remedies: The Regulations expressly state that the infringement regime does not prevent prosecution in court (reg 33(b)-(c)). Payment of an infringement amount expiates the offence and prevents further proceedings; but failure to pay does not preclude summons or prosecution and does not limit the penalty that a court may impose (reg 33(b)).
Enforcement focus on signage, retail conduct and licencing: The Schedule enumerates specific sections under the Act which may attract infringement notices , many centred on signage, display, packaging, point‑of‑sale rules and licencing notifications (Schedule 2). This channels enforcement resources towards visible, place‑based compliance.

In practical terms enforcement is a mix of administrative sanction (infringement) and criminal prosecution. The Director’s certification and cancellation powers create a regulatory point of control distinct from court sanctions, and authorised officers hold the on‑the‑spot capacity to issue expiation notices.

The Regulations cross‑refer and interact with several other legislative instruments and administrative regimes. The text itself signals dependencies and delegation.

Tobacco Control Act 2002: These Regulations are subordinate to and operationalise the Act; they frequently refer to sections of the Act for the substantive prohibitions and permission pathways (for example, the Regulations implement requirements under ss 7-12 and others by prescribing forms and technical requirements: regs 6, 16-18).
Commonwealth Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations: Health warnings on packaging are required to comply with Commonwealth standards as in force from time to time (reg 16). The Regulations therefore import Commonwealth technical standards for packaging, so packaging compliance may require parallel compliance with Commonwealth regulation.
Gaming and Liquor regulatory regimes: The Regulations borrow definitions and decision roles from the Gaming Control Act 1993 and the Gaming Machine Act 1995 for casino and gaming machine concepts (reg 3). The Minister responsible for the Gaming Control Act may declare high roller rooms in casinos (reg 8A). For liquor licensed premises, reg 15D specifically references authorities issued under the Liquor Act 2019 and limits service or consumption of food or drink in outdoor smoking areas that operate under specified Liquor Act authorities (reg 15D(a)-(f)). Thus, the tobacco rules overlay, and sometimes are constrained by, liquor licensing categories and gaming regulation.
Local government, building and planning codes: The Director may require reports from architects or building certifiers to determine compliance with relevant requirements for outdoor smoking areas (reg 15C(5)-(6)). This import of building and architectural assessment links the tobacco regulatory regime to building standards, planning approvals and occupational health standards for ventilation and separation in declared high roller rooms (reg 8A(1)(c)).
Administrative law and evidence rules: The Director’s certificate is treated as evidence of the matters stated in it in proceedings (reg 15C(7)). This evidentiary rule situates the Director’s administrative findings within criminal and regulatory proceedings, and engages usual administrative law principles regarding review and procedural fairness (though the Regulations do not set out review or appeal mechanisms).
Identity documentation and motor vehicle registration: The Regulations accept the “18 Plus Card” issued by the Registrar of Motor Vehicles as photographic identification for the purposes of the Act’s definition of photographic identification, which connects tobacco retail age verification rules to established identity documents administered by transport authorities (reg 5).
Penalty unit and revenue unit frameworks: The Regulations refer to penalty units and revenue units for prescribed amounts and fees (Schedule 2; regs 15C(3)(b), 25(2)). The monetary value of a penalty unit and a revenue unit is legislated elsewhere in Territory financial statutes; practitioners must consult the relevant Interpretation Act or consolidated schedules to convert units into dollar amounts.
Privacy and data obligations: The casino high roller room declaration requires the keeping and reporting of registers of patron numbers and places of residence to the Director (reg 8A(1)(b)). That reporting requirement interacts with privacy and data handling obligations under other statutes and administrative policies, though the Regulations do not address privacy frameworks or retention rules.

These interactions mean compliance for a commercial operator can require coordination across licensing regimes (liquor, gaming), building and health certification, and adherence to Commonwealth packaging standards. Administrative decisions made under other Acts (liquor, gaming) can directly affect what tobacco exemptions are available in practice.

The Regulations include a timeline of amendments and a detailed endnotes list which should be read as the authoritative record of changes recorded in the instrument.

Key chronological points recorded in the endnotes:

Initial instrument: Tobacco Control Regulations (SL No. 59, 2002) were notified 18 December 2002 and certain parts commenced on 31 May 2003 (endnotes listing under “LIST OF LEGISLATION”).
Early amendments in 2003: Amendments occurred in 2003 (SL No. 32 and SL No. 38) altering several regulations (endnotes, “LIST OF LEGISLATION”; r 3, r 4 updates in r 3 list).
2005 Quitline amendment: Tobacco Control Amendment (Quitline Number) Regulations 2005 (SL No. 12, 2005) updated the Quitline information used in the vending machine health warnings (reg 17 was amended by No 12, 2005 r 3).
2009 and 2010 changes: Tobacco Control Amendment Regulations 2009 (SL No. 40, 2009) and the Tobacco Control Legislation Amendment Act 2010 (Act No. 25, 2010) implemented substantive changes, including insertion and repeal of prior regs and the addition of parts now reflected in this reprint (endnotes list actions and commencement dates for 2009-2011). Regulation 15B and 15C (outdoor smoking areas and certificate) were inserted by Act No. 25, 2010 s 33 as indicated in the amendments list.
2012-2014 amendments: Further amendments were notified in 2012, 2013, and 2014 adjusting fees, penalty schedules and other technical matters (endnotes list Tobacco Control Amendment Regulations 2012, Penalties Amendment Act 2013, Tobacco Control Amendment Regulations 2014 and an Act No. 40, 2014).
2014-2016 administrative and licensing changes: Licensing (Repeals and Consequential Amendments) Act 2014, Local Court (Related Amendments) Act 2016 and Red Tape Reduction (Miscellaneous Amendments) Act 2016 made formal and procedural changes affecting licence periods, renewal procedures and how criminal history reports are handled (endnotes and list of amendments indicate r 25 and the subsequent insertion of r 25A in 2012 and later constitutional tweaks in 2016).
2019-2020 amendments and Liquor Act interface: Tobacco Control Legislation Amendment Act 2019 (Act No. 4, 2019) and the Liquor Act 2019 (Act No. 29, 2019) introduced further amendments, including insertion of Schedule 1 prescribing community events and community facilities (reg 5A) and the new r15D restricting service/consumption in outdoor smoking areas operated under certain Liquor Act authorities (reg 15D ins Act No. 29, 2019, s 421). Licensing (Director‑General) Repeal Act 2020 (Act No. 4, 2020) effected commencement and formal amendments to references to Director‑General and Director in r 8A, r 15B and r 15C (see endnotes entries for 2020).
Formal amendments: The Interpretation Legislation Amendment Act 2018 made formal, non‑substantive changes to several regulations (endnotes point 3).

The “LIST OF AMENDMENTS” at the end of the document enumerates each regulation amended, inserted or repealed, with the instrument or Act number and the specific parts affected. Practitioners relying on these Regulations should consult the consolidated reprint and the listed amending Acts and subordinate legislation for full historical detail and commencement dates. The endnotes explicitly tie specific inserted regulations to the amending instruments (for example, r 15B ins Act No. 25, 2010, s 33; r 15D ins Act No. 29, 2019, s 421).

The Regulations as provided do not include or cite judicial decisions, appeals, or case law. The instrument contains no named cases and its endnotes and schedules record only legislative and subordinate legislation amendments and commencement metadata. Accordingly:

There is no litigation history recorded within the text of these Regulations themselves. No court decisions, appeals, or administrative tribunal determinations are printed with or appended to this instrument.
The Regulations do, however, create matters that could be the subject of litigation, for example decisions by the Director to issue or cancel an outdoor smoking area certificate (reg 15C(4), (8)), the Minister’s declaration of a high roller room under reg 8A, or prosecutions for contraventions of the Act supported by the Regulations. Any case law arising from such matters would exist outside the text of these Regulations and must be located in court databases, tribunal records or legal reporting services.

Practitioners seeking authoritative guidance on disputed interpretation, enforcement practice or the administrative exercise of power under these Regulations should search Territory court decisions (Local Court, Supreme Court), administrative tribunal records and any authoritative prosecutorial guidance from the Chief Health Officer or Director. This instrument does not summarise or record such decisions.

The Regulations are highly prescriptive; several technical details and procedural traps can cause non‑compliance or unexpected administrative costs if overlooked.

Exact signage dimensions and layout matter: The sign requirements in reg 6 prescribe exact minimum sizes, font types and dimensions (A5 minimum, “NO SMOKING” font sizes and phrase widths, international no‑smoking symbol diameter at least 98 mm, specific font heights for “Tobacco Control Act 2002” and “Penalties Apply”) (reg 6(1)(a)-(f)). Small changes in design or use of non‑specified fonts or symbol sizes risk breach and a prescribed amount (0.8 penalty unit for failing to display) (Schedule 2). For community events (s7(1)(m)) additional phrasing about “within 10 metres of the entry and boundary” must be placed exactly under the “NO SMOKING” phrase (reg 6(2)(b)).
Buffer design rules are counter‑intuitive: The buffer definition for outdoor smoking areas allows either an impervious screen 2.1 m high or a buffer area at least 2 m wide with multiple conditions, including that at least half the buffer must be taken from space that would otherwise form part of the outdoor smoking area (reg 15B(4)(a)-(b)(vi)). The “half taken from outdoor smoking area” requirement demands careful planning of footprint and furniture layout; failure risks invalidating the exemption conditions.
Staff service restriction effect on business model: Reg 15B(3)(g) forbids staff service in outdoor smoking areas and explicitly states that staff service includes taking orders and delivering food or drinks, but excludes clearing plates or security duties (reg 15B(7)). This may require substantial operational changes (separate ordering points, tray‑self service) and can affect turnover and staffing models.
Certificate application costs and uncertainty: A certificate for an outdoor smoking area requires a 50 revenue unit fee (reg 15C(3)(b)) and the Director can require architects or building certifiers to prepare reports (reg 15C(5)-(6)). These reports produce direct costs and time delays, and the Director may cancel a certificate if not satisfied, creating regulatory uncertainty (reg 15C(8)). The certificate’s evidentiary status in court (reg 15C(7)) increases the stakes of administrative decision‑making.
Liquor Act interface limits: Reg 15D prevents service or consumption of food or drink in an outdoor smoking area where that area is operated under a set of specified Liquor Act authorities (list includes catering, community club, community event, major event and special event authorities) (reg 15D). Operators relying on these authorities may be unable to host smoking areas that permit food or drink consumption, potentially reducing commercial viability of outdoor smoking areas.
Police certificate timing for licences: A national police certificate is required for grant, transfer and renewal applications for retail licences (regs 25(1), 26, 25A). Renewal has an exception if a certificate was provided within five years and the manager has not changed and provides a declaration (reg 25A(2)). Failure to plan for the time taken to obtain national police certificates can delay licencing or transfers.
Small prescribed amounts for many offences: Many common breaches attract only 0.8 penalty unit (Schedule 2), which may be perceived as small, but cumulative or repeated contraventions remain prosecutable and subject to court penalties that exceed the expiation amounts (reg 33(b)). Relying on the small size of some expiation amounts as a compliance strategy is risky because prosecution remains available.
Reporting requirement for casino high roller rooms: Declared high roller rooms involve a reporting obligation to maintain registers of patron numbers and places of residence and report to the Director (reg 8A(1)(b)). Operators must plan for collection, storage and disclosure of such data in a manner consistent with privacy obligations, though the Regulations do not provide privacy rules.
Multiple overlapping regulators: Because the Regulations reference Commonwealth packaging rules, gaming regulation, Liquor Act authorities and building certifiers, compliance often requires multi‑agency coordination. Uncoordinated compliance efforts risk contradictory obligations or delays.

These “gotchas” are largely procedural and technical; they create concentrated compliance costs for businesses and occupiers who implement exemptions or operate points of sale, and they elevate administrative compliance (reports, certificates, management plans) over purely behavioural prohibitions.

A practical compliance checklist distilled from the Regulations, with references to the regulatory provisions that impose each obligation.

Signage and zone compliance

Audit all smoke‑free areas and check whether signage is required. For areas under s 7(1)(a)-(l) provide signs meeting reg 6(1) requirements; for areas under s 7(1)(m) include the extra phrase required by reg 6(2) (reg 6; reg 7 for exceptions).
Design signs to exact dimensions: A5 minimum (148 mm x 120 mm), “NO SMOKING” in bold sans serif capitals at least 13 mm high with the whole phrase at least 13 cm wide; international symbol at least 98 mm diameter printed in red; specified font sizes for “Tobacco Control Act 2002” and “Penalties Apply” (reg 6(1)(a)-(f)). Keep copies of print proofs to demonstrate compliance.

Health warnings and point of sale

Ensure all packaging complies with Commonwealth Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations as required by reg 16. Retain supplier confirmation that packaging meets Commonwealth standards (reg 16).
For vending machines display an A3 (420 mm x 297 mm) health warning with one of the specified statements and display “Call the Quitline on” with the number 137 848 in the specified font sizes (reg 17). Ensure the vending machine also displays the A4 notice regarding sale to children (reg 23).
For points of sale other than vending machines display the same A3 health warning (reg 18) and conspicuously display the A4 notice about prohibition on sale to children in the line of sight of customers (reg 24).
Check price board compliance: one price board per point of sale, maximum area 1 m², no lighting effects or moving devices, cannot face window/public entrance unless >2 m away, keep content limited to the permitted items and fonts and sizes as per reg 19(2)-(4), (6)-(8).

Licensing and manager checks

For new licence applications and transfers, obtain a national police certificate for the proposed manager and include it with the application (regs 25(1), 26). Plan for time to obtain the certificate.
For renewals, either provide a current national police certificate or, if a certificate was provided within the past five years and the manager has not changed, include the declaration required by reg 25A(2)(c)(i)-(ii).
Keep the tobacco retail licence displayed as required; failing to display is an offence (Schedule 2, section 33).

Outdoor smoking areas at liquor licensed premises

If operating a liquor licensed premises and proposing outdoor smoking areas, ensure outdoor smoking areas do not exceed 50% of outdoor eating and drinking areas (reg 15B(2)).
Delineate outdoor smoking areas clearly and mark them with signage (reg 15B(3)(a)). Provide buffers along perimeters adjacent to other outdoor eating and drinking areas, either a 2.1 m impervious screen or a buffer area at least 2 m wide meeting the sub‑requirements (reg 15B(4)). Remember at least half of the buffer must be taken from area that otherwise would form part of the outdoor smoking area (reg 15B(4)(b)(vi)).
Do not provide staff service in outdoor smoking areas (reg 15B(3)(g)); establish and document alternate service arrangements in the smoking management plan (reg 15B(6)).
Maintain a smoking management plan that identifies the outdoor eating and drinking areas, the outdoor smoking areas, the buffers, measures to minimise exposure to environmental tobacco smoke, staff training and signage (reg 15B(6)). Keep it up to date and available for authorised officers to inspect.
If you intend to obtain a certificate from the Director for an outdoor smoking area, apply on the Director’s approved form and pay the fee of 50 revenue units, and be prepared to commission and supply architectural or building reports if requested (reg 15C(1)-(6)). Keep records of any reports provided and evidence of compliance with the requirements, because a certificate acts as evidence in any proceeding (reg 15C(7)).
Review whether the Liquor Act authority under which you operate affects the ability to serve or permit consumption of food and drink in outdoor smoking areas; reg 15D prohibits service or consumption in outdoor smoking areas that operate under specified Liquor Act authorities (reg 15D).

Certificates, Director interaction and data reporting

When applying for certificates or high roller room declarations consider the Director’s and Minister’s specific requirements: declared high roller rooms require ventilation separation, and registers of patron numbers and place of residence must be kept and reported to the Director (reg 8A(1)(a)-(c), (3)).
Retain data handling and privacy practices for any patron registers to ensure alignment with broader privacy obligations; the Regulations mandate reporting but do not displace privacy law.

Infringement notices and response

If served with an infringement notice, note the prescribed amount, the payment recipient and the 28‑day payment window (reg 29). Payment expiates the offence (reg 30). If electing court proceedings, do not pay and follow the instruction on the notice (reg 29(g)). Keep records of service to contest defective service methods if necessary (reg 32).

Operational practice and recordkeeping

Create a compliance checklist and file with dated evidence for signage, management plans, certificate applications, reports and police certificates. Keep staff training records and written instructions about service limitations in outdoor smoking areas (reg 15B(6)(v)).
Maintain photographic proofs and measurements for signage, buffer screens, and outdoor area footprints to demonstrate compliance if an authorised officer inspects or in proceedings.
For multi‑site operators, apply consistent standards across sites and centralise certificate and licence documentation to ensure easy inspection by authorised officers and the Director.

Guidance and administrative aids

Use the Chief Health Officer’s guidelines when published; the Chief Health Officer may issue guidelines to assist persons to understand their obligations and must publish in the Gazette where the guidelines may be obtained (reg 34).

In short, compliance requires a mix of documentary management (police certificates, management plans), physical modifications (signs, buffers/screens, delineation), operational changes (no staff service, alternate ordering), and administrative engagement with the Director and authorised officers (certificate applications and inspections). Each compliance element is tied to a specific regulation citation above and should be documented as part of normal operational checks.

TOBACCO CONTROL REGULATIONS 2002

Plain English Summary

Deep Dive

What it does

Current sections

TOBACCO CONTROL REGULATIONS 2002

Source text: opening excerpt

1 TOBACCO CONTROL REGULATIONS 2002

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply