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