Australian Capital Territory
Tobacco Act 1927     No 14
Republication No 6 (RI)
Republication date: 30 May 2002
(Reissued: 1 October 2002)
Last amendment made by Act 2002 No 11
(Retrospective amendment made by Act 2002 No 30)
Amendments incorporated to 28 May 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Tobacco Act 1927 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 30 May 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 28 May 2002.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
28 May 2002

Australian Capital Territory
Tobacco Act 1927

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Definitions for Act	2
	3	Meaning of price tickets	5
	4	Meaning of product information notices	6
	5	Meaning of sell	6
	6	Meaning of smoking advertisement	7
	7	Publication of name of manufacturer etc	7
Part 2	Point of sale displays
	8	Restrictions on point of sale displays	8
	9	Availability for sale of displayed products	8
	10	Manner of display	8
	11	Display of cartons	11
	12	Location of display	11
	13	Other display requirements by regulation	12
Part 3	Supply of smoking products
	14	Supply of smoking product to under 18 year olds	13
	15	Purchase of smoking products for under 18 year olds	14
	16	Vending machines	15
	17	Tobacco for nonsmoking purposes	15
	18	Food and toys resembling or promoting smoking products	15
	19	Sale of cigarettes	18
	20	Display of smoking products at points of sale	18
	21	Numbers of points of sale	18
Part 4	Advertising, promotion and sponsorship
	23	Prohibited smoking advertising	20
	24	Removal of smoking advertisements	22
	25	Smoking product promotions	23
	26	Smoking product giveaways	25
	27	Competitions that promote smoking products	26
	28	Prohibition of sponsorships	27
Part 5	Registrar and deputy registrars
	29	Registrar of tobacco	29
	30	Deputy registrars of tobacco	29
Part 6	Enforcement
	31	Interpretation for pt 6	30
	32	Authorised officers	30
	33	Exercise of powers by authorised officers who are police officers	31
	34	Identity cards	31
	35	Powers of entry	31
	36	Consent to entry	32
	37	Powers of authorised officers	33
	38	Provision of information under s 37 (f)—claim of privilege	33
	39	Power to require name and address	34
	40	Search warrants	35
	41	Obstruction of investigation	36
	42	Seized items	36
Part 7	Licences
Division 7.1	Interpretation
	43	Definitions for pt 7	38
	44	Meaning of tobacco retailing	38
	45	Meaning of tobacco wholesaling	39
	46	Liability of employer for acts of employee	39
Division 7.2	Licences
	47	Application for, and grant of, tobacco licence	40
	48	Conditions of tobacco licence	41
	49	Duration of tobacco licence	42
	50	Refusal to grant or renew tobacco licence	42
	51	Renewal of tobacco licence	44
	52	Revival of expired retail tobacconist’s licences	44
	53	Register of tobacco licences	45
	54	Surrender and termination of tobacco licence	45
Division 7.3	Disciplinary action
	55	Prior notice of proposed disciplinary action	45
	56	Disciplinary action—general	46
	57	Cancellation of tobacco licence—additional grounds	48
Division 7.4	Offences
	58	Permitting the use of vending machine on premises contrary to direction	49
	59	Failure to return tobacco licence after variation, suspension or cancellation	50
	60	Disqualification	50
	61	Selling smoking products without, or in contravention of, tobacco licence	51
	62	Tobacco wholesaling—offences	51
	63	Tobacco retailing—offences	52
	64	Licence particulars to be displayed	52
	65	Licence cancelled or licensee ceasing to carry on business	53
	66	Endorsement on wholesale merchant’s invoices	54
	67	Retail tobacconist must only obtain smoking products from licensed wholesaler	54
Division 7.5	Administrative review
	68	Review of decisions	54
	69	Notice of decisions	55
Division 7.6	Miscellaneous
	70	Determination of fees	56
	71	Recovery of unpaid fees from unlicensed persons	56
Part 8	Miscellaneous
	72	Conduct of directors, servants and agents	58
	72A	Approved forms	59
	73	Regulation-making power	59
Endnotes
	1	About the endnotes	60
	2	Abbreviation key	60
	3	Legislation history	61
	4	Amendment history	63
	5	Earlier republications	76

Amendments incorporated to
28 May 2002

Australian Capital Territory
Tobacco Act 1927

An Act about tobacco and smoking products

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Tobacco Act 1927.
2	Definitions for Act
In this Act:
Note 1	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
Note 2 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
authorised officer means an authorised officer under section 32.
carton means a package containing packages of a smoking product, or a package designed to contain packages of a smoking product, but does not include a package containing individually-wrapped cigars (unless the package contains a further package or packages of the cigars).
cigar—
	(a)	means a roll of cut tobacco for smoking that is enclosed in tobacco leaf or the leaf of another plant; and
	(b)	includes any other smoking product prescribed as a cigar under the regulations. 
deputy registrar means a deputy Registrar of Tobacco under section 30. 
display, of a smoking product at a point of sale display at a retail or wholesale outlet, means display to customers of the retail or wholesale outlet.
drug means a substance that is specified in the Drugs of Dependence Regulations 1993, schedule 1 or 2.
functions includes powers.
herbal product means a product prepared for smoking that contains a herb or other plant matter but does not contain tobacco or a drug.
identity card means—
	(a)	in relation to a public health officer under the Public Health Act 1997—the identity card issued to him or her under that Act; 
	(b)	in relation to a police officer—proof of identification of a type approved for general purposes by the commissioner of police; or
	(c)	in relation to any other authorised officer—the identity card issued to the officer under section 34.
immediate package, of a smoking product, means a package containing the product—
	(a)	in the case of a smoking product other than cigars—not including a package containing a further package or packages of the product; and
	(b)	in the case of cigars—
	(i)	including a package constituted by the individual wrapping of a cigar, and a package containing individually-wrapped or unwrapped cigars; but
	(ii)	not including any other package containing a further package or packages of cigars (whether wrapped or unwrapped).
occupier, of premises, means a person having the management or control, or otherwise being in charge, of the premises.
package does not include a transparent wrapping, unless the wrapping has a smoking advertisement printed on it.
point of sale means a place, identified in accordance with the regulations (if any), where smoking products are sold within a retail outlet or wholesale outlet, and includes a vending machine from which smoking products are sold.
point of sale display means a display of, or about, a smoking product (or products) that complies with part 2.
premises includes a vehicle, vessel or aircraft, and a permanent or temporary structure.
price ticket—see section 3.
product information notice—see section 4.
product line means a kind of smoking product distinguishable from other kinds by 1 or more of the following characteristics:
	(a)	brand; 
	(b)	flavour (including menthol flavour); 
	(c)	nicotine or tar content; 
	(d)	the number of items in the immediate package in which it is sold; 
	(e)	for cigars—by the fact that the cigars of the type in question are sold individually (whether or not cigars of the same type are also sold, packaged in multiples, in a different product line). 
public place means a place to which the public ordinarily has access, whether by payment or not.
registrar means the Registrar of Tobacco under section 29, and includes a deputy registrar. 
retail outlet means premises where smoking products are available for sale by retail.
sell—see section 5.
smoking advertisement—see section 6.
smoking product means a tobacco product or a herbal product.
theatre means a place where any live entertainment or film is presented, performed or exhibited to which admission is or may be procured by payment or by ticket or by any other means, token or consideration.
tobacco product means tobacco, or something containing tobacco, prepared for human consumption (including a cigarette or cigar).
vending machine means a machine, or device, operated by a token, money or electronic funds transfer.
wholesale outlet means premises where smoking products are available for sale exclusively by wholesale.
3	Meaning of price tickets
In this Act:
price ticket, for a product line, means a label that—
	(a)	includes no information other than any or all of the following: 
	(i)	the name of the product line; 
	(ii)	a bar code or similar identifying code; 
	(iii)	the price of an item of the product line; 
	(iv)	the price of a carton of the product line; 
	(v)	a symbol indicating the country of origin of the product line; and
	(b)	consists of lettering and any graphics in a single colour (including black or white) on another single-coloured (including black or white) background; and
	(c)	is no larger than 35cm2; and
	(d)	otherwise complies with the regulations, and is displayed in accordance with the regulations. 
4	Meaning of product information notices
In this Act:
product information notice means a notice—
	(a)	located at or adjacent to a point of sale; and
	(b)	having an unbroken surface (whether or not the surface is flat) with an area of not more than 1m2; and
	(c)	with nothing attached to it (unless necessary for its support); and
	(d)	listing the product lines usually available for sale at the point of sale (with or without information about the prices of items or cartons of the product lines, or boxes of cigars); and
	(e)	containing only text; and
	(f)	in sans serif type no character of which exceeds 72 points in size (that is, 2cm in height and 1.5cm in width); and
	(g)	in black lettering on a white background, or white lettering on a black background, but not both. 
5	Meaning of sell
In this Act:
sell includes—
	(a)	offer for sale; and
	(b)	expose for sale; and
	(c)	barter (or offer or expose for barter); and
	(d)	exchange (or offer or expose for exchange); and
	(e)	supply for value (or offer or expose for supply for value); and
	(f)	supply for free (or offer or expose for supply for free), to gain or maintain custom, or otherwise for commercial gain. 
6	Meaning of smoking advertisement
	(1)	In this Act:
smoking advertisement means writing, sound or a picture, symbol, light or other visible device, object or sign (or a combination of 2 or more of these) that a reasonable person would consider publicises, or otherwise promotes—
	(a)	the purchase or use of a smoking product; or
	(b)	a trademark or brand name, or part of a trademark or brand name, of a smoking product.
	(2)	A smoking advertisement may be constituted by an incidental or accidental accompaniment to any other written, aural, pictorial, symbolic or visible matter.
7	Publication of name of manufacturer etc
	(1)	For this Act, the publication of the name of a manufacturer, distributor or retailer of smoking products—
	(a)	is not, of itself, a smoking advertisement; and
	(b)	is not taken, of itself, to publicise or promote—
	(i)	a smoking product, or the purchase or use of a smoking product; or
	(ii)	a trademark or brand name of a smoking product; or
	(iii)	the name or interests of a manufacturer or distributor of a smoking product in association with a smoking product.
	(2)	However, the publication of the name of a manufacturer, distributor or retailer of smoking products in association with the publication of other material may be a smoking advertisement, and may be taken to be publicity or promotion as mentioned in subsection (1).

Part 2	Point of sale displays
    
8	Restrictions on point of sale displays
At a point of sale display of smoking products—
	(a)	the products may only be advertised or displayed in accordance with this part; and
	(b)	no smoking advertisement for the products may be displayed (or broadcast) other than as permitted by this part.
Note	Par (b) is inserted to emphasise the effect of the prohibition of smoking advertising under s 23 other than at a point of sale.  A display of a smoking product in a shop is likely to be a smoking advertisement within the meaning of the definition in s 6.  This is due to the text and graphics on the package of the product, or on cartons of the product.
9	Availability for sale of displayed products
	(1)	At a point of sale display, the only smoking products that may be displayed are those available for sale, or usually available for sale, at the point of sale.
	(2)	If immediate packages of a smoking product are not available for sale at a point of sale, subsection (1) does not prevent the display of an immediate package of a product line if a carton of the product line is available for sale (or usually available for sale) at the point of sale.
10	Manner of display
	(1)	A point of sale display of a product line of a smoking product (other than cigars) at a retail outlet may consist of the advertisement or display of the product line at the point of sale in 1 only of the following ways:
	(a)	by a single representation of an immediate package of the product line in the form in which the package is available, or usually available, for sale (including the representation of an immediate package if only cartons are available for sale)—
	(i)	no larger than the actual size of the package, with the same appearance as the package; and
	(ii)	for a tobacco product—including a representation of the health warning (if any) with which the package is required to be labelled under the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 1994 (Cwlth); and 
	(iii)	for a herbal product—including a health warning prescribed under the regulations;
	(b)	by the display of a single immediate package of the product line in the form in which the package is available, or usually available, for sale (including the display of an immediate package if only cartons are available for sale);
	(c)	by a stack dispenser for immediate packages of the product line that complies with subsection (3).
	(2)	A point of sale display of a product line of cigars at a retail outlet may consist of the advertisement or display of the product line at the point of sale in 1 only of the following ways:
	(a)	by a single representation of an immediate package of the cigars in the form in which the package is available, or usually available, for sale (including the representation of an immediate package if only cartons are available for sale)—
	(i)	no larger than the actual size of the package, with the same appearance as the package; and
	(ii)	for a tobacco product—including a representation of the health warning (if any) with which the package is required to be labelled under the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 1994 (Cwlth); and 
	(iii)	for a herbal product—including a health warning prescribed under the regulations;
	(b)	by the display of a single immediate package of the cigars in the form in which the package is available, or usually available, for sale (including the display of an immediate package if only cartons are available for sale);
	(c)	by a stack dispenser for immediate packages of the cigars that complies with subsection (3);
	(d)	by a single representation of 1 of the cigars in the form in which the cigar is available, or usually available, for sale (including the representation of a cigar if only packages of the cigars are available for sale), no larger than the actual size of the cigar, with the same appearance as the cigar;
	(e)	by the display of either or both of the following:
	(i)	up to 13 of the cigars in an open box, or in any other manner;
	(ii)	a single closed box full of the cigars in the form in which the box is available for sale.
	(3)	The display of a product line by a stack dispenser for immediate packages of the product line is permitted at a point of sale if—
	(a)	in the case of packages stacked directly behind each other (from the point of view of the customer’s side of the customer service area) (an angled stack)—the most that is displayed at the front of the stack is the face, or any part, of a single package; and
	(b)	in the case of an angled stack—only the following parts (if any) of the other packages in the stack are displayed:
	(i)	the tops;
	(ii)	the sides;
	(iii)	the bottoms; and
	(c)	in the case of packages stacked on top of each other—no part of more than a single package in the stack is displayed.
	(4)	A point of sale display of smoking products may not consist of the display of the products, packages of the products, or representations of the products or packages, so as to constitute a smoking advertisement itself as distinct from the display of each product, package or representation.
11	Display of cartons
	(1)	At a retail outlet, a point of sale display of a product line may not include the display of a carton of the product line, or any part of the carton.
	(2)	At a wholesale outlet, a point of sale display of a product line—
	(a)	may include the display of 1 or more cartons of the product line, but with only the smallest (or 1 of the smallest) sides of the carton (or cartons) facing the customer service area; and
	(b)	must otherwise comply with this part.
12	Location of display
	(1)	A point of sale display of smoking products (other than cigars) may only be located—
	(a)	at a point of sale; and
	(b)	except in the case of a vending machine from which smoking products are sold—on the seller’s side of the point of sale, not less than 1m away from any part of the customer service area in relation to the point of sale.
	(2)	A point of sale display of cigars may only be located—
	(a)	for a display of cigars mentioned in section 10 (2) (e)—within a customer service counter at the point of sale, if the cigars or boxes may only be viewed by customers looking down through the (transparent or semitransparent) top of the counter (and may not otherwise be viewed from the customer’s side of the counter); or
	(b)	for a display of cigars mentioned in section 10 (2) (e), or for any other display of cigars mentioned in section 10 (2)—
	(i)	at a point of sale; and
	(ii)	except in the case of a vending machine from which smoking products are sold—on the seller’s side of the point of sale, not less than 1m away from any part of the customer service area in relation to the point of sale.
13	Other display requirements by regulation
A point of sale display must comply with any requirements prescribed under the regulations additional to those imposed by this part.

Part 3	Supply of smoking products
    
14	Supply of smoking product to under 18 year olds
	(1)	A person shall not sell a smoking product to a person under 18 years old.
Maximum penalty:  50 penalty units.
	(2)	It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that immediately before the smoking product was sold, the person to whom it was sold had shown a document of identification to the defendant (or to an employee or agent of the defendant).
	(3)	The occupier of premises where there is a vending machine from which smoking products are sold shall not permit a person under 18 years old to obtain a smoking product from the machine.
Maximum penalty:  50 penalty units.
	(4)	It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that immediately before the smoking product was obtained, the person who obtained it had shown a document of identification to the defendant (or to an employee or agent of the defendant).
	(5)	A person shall not use another person’s document of identification, or a forged document of identification, for the purpose of obtaining a smoking product.
Maximum penalty:  10 penalty units.
	(6)	A person may refuse to sell a smoking product to someone else, or to permit someone else to obtain a smoking product, if—
	(a)	the person is not satisfied that the other person is at least 18 years old; or
	(b)	the person considers that the product is sought for use by a person under 18 years old; or
	(c)	the person considers that any identification shown by the other person is not genuine, or has been tampered with.
	(7)	Subsection (6) does not limit the circumstances in which a person may refuse to sell a smoking product, or refuse to permit someone else to obtain a smoking product.
	(8)	In this section:
document of identification, of a person, means a document that—
	(a)	is—
	(i)	an Australian driver licence or a licence to drive a motor vehicle (however described) issued under the law of an external Territory or a foreign country; or
	(ii)	a proof of age card under the Liquor Act 1975 or a corresponding document issued under the law of a State; or
	(iii)	a passport; and
	(b)	contains a photograph that could reasonably be taken to be of the person; and
	(c)	indicates that the person to whom the document was issued is at least 18 years old. 
15	Purchase of smoking products for under 18 year olds
A person shall not purchase a smoking product for use by a person under the age of 18 years.
Maximum penalty:  50 penalty units.
16	Vending machines
	(1)		A person shall not, without reasonable excuse, place a vending machine containing smoking products for operation by members of the public on any premises except—
	(a)	a bar-room specified in a licence under the Liquor Act 1975; or
	(b)	the casino under the Casino Control Act 1988; or
	(c)	a place where gaming machines are operated on premises licensed under the Gaming Machine Act 1987, if rules have been approved under section 31 (2) of that Act prohibiting the entry into the place of anyone under 18 years old.
Maximum penalty:  50 penalty units.
	(2)	The occupier of premises on which a vending machine used for the sale of smoking products is located must take reasonable precautions to ensure that there is kept conspicuously displayed on the front of that machine a statement in the prescribed form.
Maximum penalty:  10 penalty units.
17	Tobacco for nonsmoking purposes
A person shall not manufacture or sell a tobacco product other than a product prepared for smoking.
Maximum penalty:  50 penalty units.
18	Food and toys resembling or promoting smoking products
	(1)	A person shall not sell or import food or a toy if the food or toy resembles—
	(a)	a smoking product; or
	(b)	a smoking product package.
Maximum penalty:  50 penalty units.
	(2)	In a prosecution for an offence against subsection (1), for the purpose of establishing whether food or a toy resembles a smoking product or package—
	(a)	it is sufficient to prove that there are reasonable grounds for believing the resemblance to exist; and
	(b)	the resemblance may be found to exist irrespective of the actual belief of the defendant.
	(3)	A person shall not sell or import food or a toy if the food or toy publicises or otherwise promotes—
	(a)	a smoking product, or the use of a smoking product; or
	(b)	a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
	(c)	the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with the smoking product.
Maximum penalty:  50 penalty units.
	(4)	In a prosecution for an offence against subsection (3), for the purpose of establishing whether food or a toy publicises or otherwise promotes a matter mentioned in that subsection—
	(a)	it is sufficient to prove that there are reasonable grounds for believing the matter to be publicised or promoted; and
	(b)	the matter may be found to be publicised or promoted irrespective of the actual belief of the defendant.
	(5)	A person shall not sell or import food or a toy if it is of a kind declared by the regulations—
	(a)	to resemble a smoking product or a smoking product package; or
	(b)	to be liable to publicise or otherwise promote—
	(i)	a smoking product, or the use of a smoking product; or
	(ii)	a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
	(iii)	the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with the smoking product.
Maximum penalty:  50 penalty units.
	(6)	In this section—
	(a)	a reference to the resemblance of food or a toy to a smoking product or a smoking product package includes a reference to—
	(i)	a resemblance that the food or toy has to a smoking product or a smoking product package by virtue of the packaging of the food or toy; and
	(ii)	a resemblance that the package of the food or toy has to a smoking product or smoking product package; and
	(b)	a reference to the publicising or promoting of a matter by food or a toy includes a reference to—
	(i)	the publicising or promoting of that matter by the food or toy by virtue of its packaging; and
	(ii)	the publicising or promoting of that matter by the package of the food or toy.
	(7)	In this section:
food includes confectionery.
import means import into the Territory for sale.
kind, of food or a toy, includes a particular trademark, brand or variety of food or toy.
smoking product package means a package that—
	(a)	is of a type commonly used for smoking products; or
	(b)	includes a symbol, design or words that indicate that the package contains a smoking product, or a particular product line of a smoking product.
19	Sale of cigarettes
A person shall not sell cigarettes (including cigarettes made from a herbal product) in a quantity of fewer than 20.
Maximum penalty:  50 penalty units.
20	Display of smoking products at points of sale
An occupier of a retail outlet or wholesale outlet shall not display a smoking product within, or adjacent to, the outlet except in a point of sale display.
Maximum penalty:  50 penalty units.
21	Numbers of points of sale
	(1)	An occupier of a retail outlet on unlicensed premises shall not provide more than 1 point of sale at the outlet.
Maximum penalty:  50 penalty units.
	(2)	An occupier of a retail outlet on licensed premises shall not provide more than 5 points of sale at the outlet.
Maximum penalty:  50 penalty units.
	(3)	In this section:
licensed premises means premises for which an on licence, a general licence or a club licence is in force under the Liquor Act 1975.
unlicensed premises means premises other than licensed premises.
22	Health warnings at point of sale displays
An occupier of a retail outlet or a wholesale outlet must display a health warning notice prescribed under the regulations at or adjacent to each point of sale display (other than a vending machine) at the outlet.
Maximum penalty:  50 penalty units.

Part 4	Advertising, promotion and sponsorship
    
23	Prohibited smoking advertising
	(1)	A person shall not—
	(a)	display or broadcast a smoking advertisement in a theatre; or
	(b)	sell a film or videotape that contains a smoking advertisement; or
	(c)	distribute to the public any unsolicited document (for example, a leaflet or handbill) that contains a smoking advertisement; or
	(d)	place, display or broadcast a smoking advertisement so that the advertisement is visible or audible in or from a public place.
Maximum penalty:  50 penalty units.
	(2)	This section does not apply in relation to—
	(a)	a smoking advertisement in or on a newspaper, magazine or book; or
	(b)	a smoking advertisement that is an accidental or incidental accompaniment to a film or videotape; or
	(c)	a smoking advertisement in a point of sale display; or
	(d)	a single product information notice at or adjacent to a point of sale; or
	(e)	a single price ticket at a point of sale display for each product line on sale (or usually available for sale) at the point of sale; or
	(f)	a personal use advertisement; or
	(g)	a smoking advertisement which is—
	(i)	displayed outside the entrance to a place where smoking products are offered for sale; and
	(ii)	to the effect that smoking products are offered for sale in that place;
where the advertisement—
	(iii)	does not contain a trademark or brand name, nor part of a trademark or brand name, of a smoking product; and
	(iv)	does not contain the name of a manufacturer or distributor of a smoking product; or
	(h)	a document ordinarily used in the course of business; or
	(i)	smoking advertising specified in, and according with the conditions (if any) specified in, a notice under subsection (3).
	(3)	The Minister may, in writing, exempt specified smoking advertising from the operation of subsection (1).
	(4)	An exemption may include conditions to which the exemption is subject.
	(5)	An exemption is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(6)	In this section:
personal use advertisement means the placement, display or broadcast of a smoking advertisement, or of an object displaying a smoking advertisement, in the course of the personal use of the advertisement or object, unless the placement, display or broadcast—
	(a)	is for a direct or indirect pecuniary benefit; or
	(b)	is undertaken in the course of a business that involves the sale of smoking products or the management of a retail outlet (including the management of a retail outlet where a vending machine is used for the sale of smoking products).
Example of personal use
The wearing of a T-shirt displaying a smoking advertisement by a person who is not paid to wear the T-shirt. 
Example of par (b)
An employee or the manager of a shop that sells smoking products wearing a T‑shirt displaying a smoking advertisement in the course of tobacco retailing.
24	Removal of smoking advertisements
	(1)	If an authorised officer believes on reasonable grounds that a person has contravened section 23 (1) (d), the officer may give the person a written notice requiring the relevant smoking advertisement to be removed, or obscured, in a specified way, within 3 days after the notice is given.
	(2)	A notice shall include the following statements:
	(a)	a statement to the effect that the person may be prosecuted for an offence against section 23 (1) (d) (Prohibited smoking advertising) if the notice is contravened;
	(b)	a statement to the effect that the person may also be prosecuted for an offence under subsection (3) for each day during any part of which the contravention continues.
	(3)	A person commits an offence in relation to each day during any part of which the person contravenes a notice under subsection (1).
Maximum penalty:  5 penalty units.
	(4)	Conviction for an offence against subsection (3) in relation to a notice about a contravention of section 23 (1) (d) does not prevent conviction for an offence against section 23 (1) (d) in respect of the contravention.
	(5)	Proceedings against a person for an offence against section 23 (1) (d)—
	(a)	shall not be commenced unless a notice is given to the person under subsection (1); and
	(b)	shall not be commenced until after the period specified in the notice; and
	(c)	shall not be commenced if the relevant smoking advertisement is removed or obscured in accordance with that notice.
	(6)		If a person is convicted of an offence against section 23 (1) (d), the court, in addition to imposing any other penalty, may order that the relevant smoking advertisement be removed, or obscured, by the Territory.
	(7)		If a smoking advertisement is removed, or obscured, in accordance with an order under subsection (6), the person convicted of the relevant offence shall pay the Territory the reasonable costs incurred in removing or obscuring the advertisement.
25	Smoking product promotions
	(1)	A person shall not sell or distribute an object or entitlement that promotes—
	(a)	a smoking product; or
	(b)	a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
	(c)	the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with the smoking product.
Maximum penalty:  50 penalty units.
	(2)	In a prosecution for an offence against subsection (1), for the purpose of establishing whether an object or entitlement promotes a matter mentioned in that subsection—
	(a)	it is sufficient to prove—
	(i)	that any material published (or caused, permitted or authorised to be published) by the defendant in relation to the object or entitlement would be likely to cause a reasonable person to believe the matter to be promoted, or intended to be promoted, by the object or entitlement; or
	(ii)	that there are other reasonable grounds for believing the matter to be promoted, or intended to be promoted, by the object or entitlement; and
	(b)	the matter may be found to be promoted by the object or entitlement irrespective of the actual belief of the defendant.
	(3)	A person shall not sell or distribute an object or entitlement if the sale or distribution is in direct or indirect association with the sale or consumption of a smoking product, or of smoking products generally.
Maximum penalty:  50 penalty units.
	(4)	In a prosecution for an offence against subsection (3), for the purpose of establishing whether an object or entitlement is sold or distributed in direct or indirect association with a matter mentioned—
	(a)	it is sufficient to prove—
	(i)	that any material published (or caused, permitted or authorised to be published) by the defendant in relation to the object or entitlement would be likely to cause a reasonable person to believe the sale or distribution to be in such an association, or intended to be in such an association; or
	(ii)	that there are other reasonable grounds for believing the sale or distribution to be in such an association, or intended to be in such an association; and
	(b)	the sale or distribution may be found to be in such an association irrespective of the actual belief of the defendant.
	(5)	It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the person receiving the object or entitlement would have received the same object or entitlement if the person had bought goods other than a smoking product to the same value as the smoking product.
	(6)	In applying this section in relation to an object that is a sound recording, a video recording or a computer storage device, a reference to the promotion of a matter is a reference to the promotion of the matter by aural or visible material that the object is reasonably capable of producing, or of causing to be produced, in its normal use.
	(7)	In this section:
entitlement means an entitlement to goods or services, or to a reduced price for goods or services.
object does not include a smoking product.
26	Smoking product giveaways
	(1)	A person must not supply a smoking product for free if the supply promotes the sale of any smoking product for value.
Maximum penalty:  50 penalty units.
	(2)	In a prosecution for an offence against subsection (1), for the purpose of establishing whether the supply of a smoking product for free promotes the sale of any smoking product for value—
	(a)	it is sufficient to prove—
	(i)	that any material published (or caused, permitted or authorised to be published) by the defendant in relation to the supply would be likely to cause a reasonable person to believe the sale of any smoking product for value to be promoted, or intended to be promoted, by the supply; or
	(ii)	that there are other reasonable grounds for believing the sale of any smoking product for value to be promoted, or intended to be promoted, by the supply; and
	(b)	the sale of any smoking product for value may be found to be promoted by the supply irrespective of the actual belief of the defendant.
	(3)	In this section:
promotion, of the sale of a smoking product for value, includes the inducement of the sale of the product for value.
supply, of a smoking product for free, includes the offer or exposure of the product for supply for free.
27	Competitions that promote smoking products
	(1)	A person shall not conduct a competition that promotes—
	(a)	a smoking product; or
	(b)	a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
	(c)	the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with the smoking product.
Maximum penalty:  50 penalty units.
	(2)	In a prosecution for an offence against subsection (1), for the purpose of establishing whether competition promotes a matter mentioned in that subsection—
	(a)	it is sufficient to prove—
	(i)	that any material published (or caused, permitted or authorised to be published) by the defendant in relation to the competition would be likely to cause a reasonable person to believe the matter to be promoted, or intended to be promoted, by the competition; or
	(ii)	that there are other reasonable grounds for believing the matter to be promoted, or intended to be promoted, by the competition; and
	(b)	the matter may be found to be promoted by the competition irrespective of the actual belief of the defendant.
	(3)	A person shall not conduct a competition that has a direct or indirect association with the sale or consumption of a smoking product, or of smoking products generally.
Maximum penalty:  50 penalty units.
	(4)	In a prosecution for an offence against subsection (3), for the purpose of establishing whether a competition has a direct or indirect association with a matter mentioned—
	(a)	it is sufficient to prove—
	(i)	that any material published (or caused, permitted or authorised to be published) by the defendant in relation to the competition would be likely to cause a reasonable person to believe the competition to have such an association, or to be intended to have such an association; or
	(ii)	that there are other reasonable grounds for believing the competition to have such an association, or to be intended to have such an association; and
	(b)	the competition may be found to have such an association irrespective of the actual belief of the defendant.
28	Prohibition of sponsorships
	(1)	A person shall not, under a contract, agreement, undertaking or understanding, whether or not legally binding, promote or agree to promote—
	(a)	a smoking product; or
	(b)	a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
	(c)	the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with that smoking product;
in exchange for a sponsorship, gift, prize, scholarship or like benefit given or agreed to be given by another person.
Maximum penalty:  50 penalty units.
	(2)	A person shall not, under a contract, agreement, undertaking or understanding, whether or not legally binding, give or agree to give any sponsorship, gift, prize, scholarship or like benefit in exchange for a promotion, or an agreement to promote, referred to in subsection (1) (a), (b) or (c).
Maximum penalty:  50 penalty units.
	(3)	This section does not apply in relation to—
	(a)	a scholarship given, or agreed to be given, by a manufacturer or distributor of a smoking product to an employee, or a member of the family of an employee, of the manufacturer or distributor; or
	(b)	a contract, agreement, undertaking or understanding specified in, and according with the conditions (if any) specified in, a notice under subsection (4).
	(4)	The Minister may, in writing, exempt a specified contract, agreement undertaking or understanding from the operation of subsection (1) or (2).
	(5)	An exemption may include conditions to which the exemption is subject.
	(6)	An exemption is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Part 5	Registrar and deputy registrars
    
29	Registrar of tobacco
	(1)	There shall be a Registrar of Tobacco.
	(2)	The chief executive shall establish an office in the public service the duties of which include performing the functions of the registrar of tobacco.
	(3)	The registrar shall be the public servant for the time being performing the duties of the public service office referred to in subsection (2).
30	Deputy registrars of tobacco
	(1)	There may be 1 or more Deputy Registrars of Tobacco.
	(2)	A deputy registrar may perform any function of the registrar, subject to any direction of the registrar.
	(3)	The chief executive may establish 1 or more offices in the public service the duties of which include performing the functions of a deputy registrar of tobacco.
	(4)	A deputy registrar shall be any public servant for the time being performing the duties of a public service office referred to in subsection (3).

Part 6	Enforcement
    
31	Interpretation for pt 6
	(1)	In this part:
occupier, of premises, includes a person believed on reasonable grounds to be an occupier of the premises.
offence means any conduct (whether an act or omission) that constitutes, or is believed on reasonable grounds to constitute, an offence against this Act.
	(2)	For this part, a thing (including a document) is connected to an offence if there are reasonable grounds for believing that—
	(a)	it is a thing in relation to which the offence has been committed;
	(b)	it will afford evidence of the commission of the offence; or
	(c)	it was used, or is or was intended to be used, for committing an offence.
32	Authorised officers
	(1)	There shall be 1 or more authorised officers for this Act.
	(2)	The chief executive may establish 1 or more offices in the public service the duties of which include performing the functions of an authorised officer.
	(3)	The following persons are authorised officers:
	(a)	any public servant for the time being performing the duties of a public service office of authorised officer referred to in subsection (2);
	(b)	the registrar;
	(c)	a public health officer under the Public Health Act 1997;
	(d)	a police officer.
33	Exercise of powers by authorised officers who are police officers
The powers conferred by this part on an authorised officer who is a police officer are additional to the powers the officer may exercise in his or her capacity as a police officer.
34	Identity cards
	(1)	The chief executive shall issue to an authorised officer (other than a public health officer or a police officer) an identity card that specifies the officer’s name and office, and contains a recent photograph of the officer.
	(2)	Within 7 days after ceasing to be an authorised officer (other than a public health officer or a police officer), a person shall not, without reasonable excuse, fail to return his or her identity card to the chief executive.
Maximum penalty (for subsection (2)):  1 penalty unit.
35	Powers of entry
	(1)	An authorised officer may, for this Act—
	(a)	enter the premises of any retail outlet or wholesale outlet at any time at which smoking products are available for sale at the outlet; or
	(b)	enter any premises at any time with the consent of the occupier; or
	(c)	enter any premises pursuant to a search warrant under section 40.
	(2)	An authorised officer may enter premises under subsection (1)—
	(a)	with such assistance as is necessary and reasonable; and
	(b)	when entering pursuant to a search warrant, with such force as is necessary and reasonable.
	(3)	An authorised officer who enters premises under subsection (1) is not authorised to remain on the premises if, when asked by the occupier, the officer does not produce his or her identity card.
36	Consent to entry
	(1)	Before obtaining the consent of an occupier to enter premises, an authorised officer shall—
	(a)	produce his or her identity card; and
	(b)	tell the occupier that he or she may refuse to give consent.
	(2)	If an authorised officer obtains the consent of an occupier to enter premises, the officer shall ask the occupier to sign a written acknowledgment of—
	(a)	the fact that the occupier has been told that he or she may refuse to give consent; and
	(b)	the fact that the occupier has voluntarily given consent; and
	(c)	the date and time when the consent was given.
	(3)	In proceedings for this Act, evidence obtained as a result of the entry onto any premises by an authorised officer under section 35 (1) (b) is inadmissible unless an acknowledgment under subsection (2) is produced in evidence.
	(4)	An entry to premises by an authorised officer in reliance on the occupier’s consent is not lawful unless the consent was voluntary.
	(5)	If—
	(a)	it is material, in any proceeding, for a court to be satisfied that an occupier’s consent to enter premises was voluntary; and
	(b)	an acknowledgment under subsection (2) is not produced in evidence;
the court shall assume, unless the contrary is proved, that the consent was not voluntary.
37	Powers of authorised officers 
If an authorised officer enters premises under section 35, the officer may, for this Act—
	(a)	inspect anything on the premises; and
	(b)	take copies of any documents on the premises; and
	(c)	take photographs of anything on the premises; and
	(d)	open and inspect any package on the premises that the officer has reasonable grounds for believing to contain a thing connected with an offence; and
	(e)	seize anything on the premises connected with an offence; and
	(f)	require the occupier of the premises, or any person whom the officer has reasonable grounds for believing to be an employee or agent of the occupier (if present in his or her capacity as employee or agent), or otherwise to be concerned in the occupier’s business at the premises, to do any or all of the following:
	(i)	make available anything on the premises;
	(ii)	provide information;
	(iii)	answer questions.
38	Provision of information under s 37 (f)—claim of privilege
	(1)	This section applies if an authorised officer requires a person to provide information, or to answer questions, under section 37 (f) (ii) or (iii).
	(2)	Before the person provides the information, or answers the questions, the officer must—
	(a)	produce his or her identity card; and
	(b)	tell the person that he or she need not comply with the requirement in relation to any information in respect of which he or she is entitled  to claim, and does claim, legal professional privilege, or privilege against selfincrimination.
Note	The Legislation Act 2001, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
	(3)	The officer must ask the person to sign a written acknowledgment of—
	(a)	the fact that the person has been told that he or she need not comply with the requirement in relation to any information in respect of which he or she is entitled to claim, and does claim, legal professional privilege or privilege against selfincrimination; and
	(b)	the fact that the person has, or has not, claimed legal professional privilege, or privilege against selfincrimination, in relation to information specified in the acknowledgment; and
	(c)	the date and time when the requirement was made.
	(4)	In proceedings for this Act, evidence obtained as a result of the requirement is inadmissible unless an acknowledgment under subsection (3) is produced in evidence.
39	Power to require name and address
	(1)	An authorised officer may require a person to state the person’s name and address if the officer believes on reasonable grounds that—
	(a)	the person is committing, or has committed, an offence; or
	(b)	the person can provide evidence of the commission of an offence.
	(2)	In exercising a power under subsection (1), an authorised officer shall—
	(a)	tell the person of the reasons for the requirement; and
	(b)	as soon as practicable afterwards, record the reasons.
	(3)	A person need not comply with a requirement under subsection (1) if, when asked by the person, the authorised officer does not produce his or her identity card.
	(4)	A person shall not, without reasonable excuse, fail to comply with a requirement under subsection (1).
Maximum penalty (for subsection (4)):  5 penalty units.
40	Search warrants
	(1)	This section applies if—
	(a)	an information is laid before a magistrate by a police officer alleging that an authorised officer has reasonable grounds for suspecting that there may be on premises anything of a particular kind connected with a particular offence; and
	(b)	the information sets out those grounds.
	(2)	If this section applies, the magistrate may issue a search warrant authorising the authorised officer named in the warrant, with such assistance and by such force as is necessary and reasonable—
	(a)	to enter the premises described in the warrant; and
	(b)	to search the premises for things referred to in paragraph (1) (a); and
	(c)	to exercise any power under section 37 in relation to those things.
	(3)	A magistrate may issue a search warrant only if—
	(a)	the informant or someone else has given the magistrate, either orally or by affidavit, any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
	(4)	A search warrant shall—
	(a)	state the purpose for which it is issued, including a reference to the nature of the offence in connection with which the entry and search are authorised; and
	(b)	state that the entry is authorised at any time of the day or night, or specify particular hours when the entry is authorised; and
	(c)	include a description of the kind of things in relation to which the powers under section 37 may be exercised; and
	(d)	specify a date (not later than 1 month after the warrant is issued) when the warrant will cease to have effect.
41	Obstruction of investigation
	(1)	A person shall not, without reasonable excuse, obstruct or hinder an authorised officer in the exercise of his or her functions under this Act.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person shall not, without reasonable excuse, fail to comply with a requirement under section 37 (f).
Maximum penalty:  50 penalty units.
42	Seized items
	(1)	A seized item shall be returned to its owner, or compensation shall be paid to the owner by the Territory for the loss of the item, if—
	(a)	a prosecution for an offence relating to the item is not instituted within 90 days of the seizure; or
	(b)	the court does not find the offence proved in a prosecution for an offence relating to the item.
	(2)	A seized item is forfeited to the Territory if—
	(a)	a court finds an offence relating to the item proved; and
	(b)	the court so orders.
	(3)	If subsection (2) (a) applies, but a court does not make an order under subsection (2) (b), the seized item shall be returned to its owner, or compensation shall be paid to the owner by the Territory for the loss of the item.
	(4)	In this section:
compensation means compensation on just terms.
seized item means a thing seized by an authorised officer under section 37 (e).

Part 7	Licences
Division 7.1	Interpretation
43	Definitions for pt 7
In this part:
licensee means the holder for the time being of a tobacco licence.
retail tobacconist’s licence means a retail tobacconist’s licence granted under section 47.
tobacco licence means a retail tobacconist’s licence or a wholesale tobacco merchant’s licence.
tobacco retailing—see section 44.
tobacco wholesaling—see section 45. 
wholesale tobacco merchant’s licence means a wholesale tobacco merchant’s licence granted under section 47.
44	Meaning of tobacco retailing
	(1)	In this part:
tobacco retailing means the business of selling smoking products by retail.
	(2)	For the definition of tobacco retailing, each of the following facts or circumstances is immaterial:
	(a)	that the smoking products are sold alone or in conjunction with any other merchandise;
	(b)	that the business is carried on as part of, or in conjunction with, any other business.
	(3)	The occupier of premises on which a vending machine used for the sale of smoking products is located is taken to be carrying on tobacco retailing.
45	Meaning of tobacco wholesaling
	(1)	In this part:
tobacco wholesaling means the business of selling smoking products for the purpose of resale or wholesale, and includes any supply of smoking products by way of wholesale to a person or premises within the Territory.
	(2)	For the definition of tobacco wholesaling, each of the following facts or circumstances is immaterial:
	(a)	that the smoking products are sold alone or in conjunction with any other merchandise;
	(b)	that the business is carried on as part of, or in conjunction with, any other business;
	(c)	that any relevant contract is made outside the Territory or governed by a law other than a law of the Territory;
	(d)	that the wholesaler is located or registered, or carries on business (wholly or in part), outside the Territory;
	(e)	that the wholesaler, or another person, has transported the smoking products from outside the Territory.
46	Liability of employer for acts of employee
In this part, if an employee of a person (the employer)—
	(a)	sells smoking products; or
	(b)	carries on the business of selling smoking products;
in the course of his or her employment, the employer is taken to sell smoking products or to carry on the business of selling smoking products (as the case may be), but the employee is not liable for an offence under this part by reason only of having done so.
Division 7.2	Licences
47	Application for, and grant of, tobacco licence
	(1)	A person may apply to the registrar for a wholesale tobacco merchant’s licence or a retail tobacconist’s licence.
Note 1	A fee may be determined under s 70 (Determination of fees) for this section.
Note 2 	If a form is approved under s 70A (Approved forms) for an application, the form must be used.
	(2)	The applicant must give the registrar any additional information or documents that the registrar, in writing, requires the applicant to give to decide the application or for the administration of this Act.
	(3)	Subject to section 50, the registrar must, if the applicant has complied with this Act, grant to the applicant the licence applied for.
	(4)	A licence must state the premises that are to be used in relation to the business in relation to which the licence is granted.
Note 	If a form is approved under s 70A (Approved forms) for a licence, the form must be used.
	(5)	A licence operates as follows:
	(a)	a wholesale tobacco merchant’s licence authorises the licensee to carry on tobacco wholesaling at the premises, or each of the premises, specified in the licence;
	(b)	a retail tobacconist’s licence authorises the licensee to carry on tobacco retailing at the premises, or each of the premises, specified in the licence.
	(6)	If the holder or any of the holders of a tobacco licence asks the registrar in writing to amend the details of the premises stated in the licence, the registrar must amend the details.
Note 1	A fee may be determined under s 70 (Determination of fees) for this section.
Note 2 	If a form is approved under s 70A (Approved forms) for this section, the form must be used.
	(7)	A licence cannot be transferred.
48	Conditions of tobacco licence
	(1)	The registrar may specify, in a particular tobacco licence, any conditions to which the licence is subject.
	(2)	In particular, the conditions may include, for a retail tobacconist’s licence in respect of premises—
	(a)	subject to section 21, the maximum number of points of sale permitted on the premises; and
	(b)	the permissible locations, on those premises, of the points of sale.
	(3)	If section 50 (2) (b) applies in respect of an applicant, the registrar may, instead of refusing under that paragraph to grant a tobacco licence to the applicant, issue the licence subject to the condition that the applicant must undertake, within the specified time, a specified approved training program in relation to the obligations under this Act of a licensee.
	(4)	The registrar may, by notice in writing served on a licensee—
	(a)	specify conditions or further conditions to which the licence is subject; or
	(b)	vary or cancel any conditions specified in the licence.
49	Duration of tobacco licence
	(1)	A tobacco licence commences on the date specified in the licence as its commencement date.
	(2)	Subject to this Act, a tobacco licence (including a renewed or revived licence) remains in force until the end of 31 August next following the grant of the licence.
50	Refusal to grant or renew tobacco licence
	(1)	The registrar must not grant or renew a tobacco licence if the registrar is satisfied, on reasonable grounds, that—
	(a)	the licence applied for would authorise the sale of smoking products at premises while the use of vending machines for the sale of smoking products at those premises has been prohibited by a direction under section 56 (2) (a) or (4) (c); or
	(b)	if the applicant holds another licence—the licence applied for would authorise the sale of smoking products at premises while, under a variation of the other licence under section 56 (2) (b)—
	(i)	the sale of smoking products at the premises has been prohibited; or
	(ii)	the use of vending machines for the sale of smoking products at the premises has been prohibited; or
	(c)	the applicant holds another licence that is currently suspended under section 56 (2) (c); or
	(d)	the applicant is disqualified under section 56 from holding a tobacco licence (other than a disqualification relating to particular premises); or
	(e)	the licence would be a licence for particular premises and the applicant is disqualified under section 56 from holding a licence for those premises.
	(2)	The registrar may refuse to grant or renew a tobacco licence to an applicant if the registrar is satisfied, on reasonable grounds, that—
	(a)	the applicant does not sufficiently understand the obligations under this Act of a licensee; or
	(b)	within the period of 2 years immediately preceding the date when the application is made, 2 offences relating to the sale or supply of smoking products to a person under the age of 18 have been found proved, in the Territory or elsewhere, in respect of the applicant; or
	(c)	the registrar would have grounds, if the applicant already held such a licence, for cancelling it under section 56 (2) (d) or (4) (a) or section 57 (2).
	(3)	For subsection (2) (b), it is immaterial that a conviction was not recorded against the applicant in respect of any offence mentioned in the paragraph.
	(4)	In subsections (1), (2) and (3), a reference to an applicant for a licence includes—
	(a)	if the applicant is a corporation—a reference to any director, secretary or other officer of the corporation; and
	(b)	in any case—a reference to any person who would be concerned in the direction, management or control of the business that would use, or operate under, the licence.
	(5)	If the registrar refuses to grant or renew a tobacco licence under this section, the registrar must refund to the applicant any fee paid in relation to the application.
51	Renewal of tobacco licence
	(1)	Subject to section 50 and this section, the registrar must renew a current tobacco licence on the application of the licensee.
Note 1 	A fee may be determined under s 70 (Determination of fees) for this section.
Note 2 	If a form is approved under s 70A (Approved forms) for the request, the form must be used.
	(2) 	The licensee must give the registrar any additional information or documents that the registrar, in writing, requires the licensee to give to decide the application or for the administration of this Act.
	(3)	The licensee must give the application, and any additional information or documents, to the registrar at least 7 days before the licence is to expire.
	(4)	If the registrar refuses to renew a tobacco licence, the registrar must refund any fee paid for a renewal.
	(5)	For this section:
tobacco licence includes a retail tobacconist’s licence granted under the Tobacco Licensing Act 1984.
52	Revival of expired retail tobacconist’s licences
	(1)	This section applies if—
	(a)	a retail tobacconist’s licence has expired within the last 12 months; and
	(b)	the former licensee gives the registrar any particulars that the registrar, in writing, requires the applicant to provide; and
	(c)	the former licensee pays the fee that would have been required if the licensee had applied for a grant of the licence.
	(2)	If this section applies—
	(a)	the former licensee is taken to have applied under section 47 for a retail tobacconist’s licence; and
	(b)	subject to sections 50 and 51, the registrar must grant a retail tobacconist’s licence to the former licensee; and
	(c)	a licence so granted is taken to have commenced on the day after the former licence expired.
	(3)	For this section:
retail tobacconist’s licence includes a retail tobacconist’s licence granted under the Tobacco Licensing Act 1984.
53	Register of tobacco licences
	(1)	The registrar must keep a register containing particulars of—
	(a)	the name of each licensee; and 
	(b)	the number allotted to each licence; and
	(c)	the prescribed particulars (if any).
	(2)	The registrar must make the register available for public inspection at the office of the registrar during the times when the office is open to the public.
54	Surrender and termination of tobacco licence
	(1)	A holder of a tobacco licence may, at any time, by notice in writing to the registrar, surrender his or her licence, and the licence then ceases to be in force.
	(2)	A licence ceases to be in force if the amount of a fee for the grant or renewal of the licence that is due and payable remains unpaid.
Division 7.3	Disciplinary action
55	Prior notice of proposed disciplinary action
	(1)	The registrar must not take disciplinary action under section 56 (2) or (4) or 57 (2) in relation to a person without first giving the person written notice inviting the person and any interested person to make representations, within a specified period of at least 14 days after the notice is given, why specified action should not be taken under that subsection.
	(2)	The notice must contain—
	(a)	particulars of the facts and circumstances relied on by the registrar to establish that a ground for taking action exists; and
	(b)	particulars of the action proposed to be taken; and
	(c)	a statement to the effect that the person or any interested person may, within the specified period, give the registrar written particulars of the facts and circumstances relied on to show that the proposed action should not be taken, or that less severe action should be taken.
	(3)	In making a decision about disciplinary action under section 56 (2) or (4) or 57 (2) the registrar must take into account any representation made in accordance with the invitation under subsection (1).
	(4)	In this section:
interested person, in relation to a notice given to another person under subsection (1), means any person involved in the direction, management or control of a tobacco retailing business in which the notified person is also involved.
56	Disciplinary action—general
	(1)	This section applies if the registrar has reasonable grounds for believing that—
	(a)	a person who is a licensee has contravened this Act, a condition of the licence, or a direction under subsection (2) (a) or (4) (c); or
	(b)	a person who holds a liquor or gaming licence for premises where smoking products are available for sale from a vending machine has contravened this Act.
	(2)	If the registrar considers that it is reasonable, the registrar may take 1 or more of the following actions:
	(a)	direct the person not to permit, for a specified period of not longer than 5 years, the use of a vending machine for the sale of smoking products on specified premises, or on any premises, occupied by the person;
	(b)	vary any tobacco licence held by the person with effect for a specified period of not longer than 5 years—
	(i)	to impose more stringent requirements than otherwise apply under this Act in relation to points of sale, point of sale displays, product information notices, price tickets, the use of vending machines for the sale of smoking products or smoking advertising on or adjacent to all or any of the premises specified in the licence; or
	(ii)	to impose a condition prohibiting point of sale displays, the use of vending machines for the sale of smoking products or smoking advertising on or adjacent to all or any of the premises specified in the licence; or
	(iii)	to impose conditions relating to the sale of smoking products to under 18 year olds; or
	(iv)	to impose a condition prohibiting the sale of smoking products at all or any of the premises specified in the licence;
	(c)	suspend any tobacco licence held by the person for a specified period of not longer than 3 months;
	(d)	cancel any tobacco licence held by the person with effect from the date specified in the notice;
	(e)	disqualify the person from holding a tobacco licence, or from holding a tobacco licence for particular premises, for a specified period of not longer than 5 years.
	(3)	The registrar may only take action under subsection (2) against a person in relation to facts and circumstances specified in a notice under section 55 (1) if the action taken—
	(a)	is the action proposed in the notice; or
	(b)	would, in the registrar’s opinion based on reasonable grounds, be less severe than the proposed action.
	(4)	If this section applies to a person because the person has been convicted of an offence against this Act for the second time within 2 years (whether or not the convictions are for offences against the same provision of this Act), the registrar must—
	(a)	cancel each tobacco licence held by the person; and
	(b)	disqualify the person from holding any tobacco licence for 5 years after the notice is given to the person; and
	(c)	direct the person not to permit the use of a vending machine for the sale of smoking products on any premises occupied by the person for 5 years after the notice is given to the person.
	(5)	In this section:
liquor or gaming licence means a licence issued under any of the following Acts:
	(a)	Liquor Act 1975;
	(b)	Casino Control Act 1988;
	(c)	Gaming Machine Act 1987.
57	Cancellation of tobacco licence—additional grounds
	(1)	This section applies to a person if the registrar has reasonable grounds for believing that—
	(a)	a tobacco licence was granted to the person in error or in consequence of a false statement made, or misleading information furnished, by or on behalf of the person; or
	(b)	the person who holds a tobacco licence has been convicted of an offence under this part; or
	(c)	in the case of an individual who holds a tobacco licence—
	(i)	the person has been convicted of any offence punishable by imprisonment for a period of not less than 1 year; or
	(ii)	the person is an undischarged bankrupt; or
	(d)	if the person is a corporation that holds a tobacco licence—the corporation is being wound up.
	(2)	If the registrar considers that it is reasonable, the registrar may cancel any tobacco licence held by the person with effect from the date specified in the notice.
	(3)	For subsection (2), the following provisions apply:
	(a)	if this section only applies to a person because a tobacco licence was granted to the person in error, only a licence so granted may be cancelled;
	(b)	the registrar may cancel the licence of a person even if the registrar has taken other action against the person, under section 54, on grounds on which this section applies to the person.
Division 7.4	Offences
58	Permitting the use of vending machine on premises contrary to direction
A person must not contravene a direction under section 56 (2) (a) or (4) (c).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
59	Failure to return tobacco licence after variation, suspension or cancellation
	(1)	If the registrar varies a tobacco licence held by a person, the person must return the licence to the registrar for endorsement with the variation within 14 days after the person is given notice of the variation.
Maximum penalty:  5 penalty units.
	(2)	If the registrar suspends or cancels a tobacco licence held by a person, the person must return the licence to the registrar within 14 days after the person is given notice of the suspension or cancellation.
Maximum penalty:  5 penalty units.
60	Disqualification
	(1)	A person disqualified under division 7.3 (Disciplinary action) from holding a tobacco licence must not be concerned in the direction, management or control of a tobacco retailing business during the period of disqualification.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person disqualified under division 7.3 from holding a tobacco licence in relation to particular premises must not be concerned in the direction, management or control of a tobacco retailing business operated at those premises during the period of disqualification.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
61	Selling smoking products without, or in contravention of, tobacco licence
	(1)	A person must not sell smoking products unless the person is a licensee.
Maximum penalty:  50 penalty units.
	(2)	A licensee who contravenes a condition to which the tobacco licence is subject commits an offence.
Maximum penalty:  50 penalty units.
62	Tobacco wholesaling—offences
	(1)	A person other than the holder of a wholesale tobacco merchant’s licence who carries on tobacco wholesaling commits an offence.
Maximum penalty:  100 penalty units.
	(2)	A person who, by way of tobacco wholesaling, or in the course of tobacco wholesaling, sells smoking products to a person who is not a licensee commits an offence.
Maximum penalty:  100 penalty units.
	(3)	On a prosecution for an offence against subsection (2), it is a defence to show that—
	(a)	under the contract of sale, the smoking products were to be delivered by the seller to the purchaser outside the Territory and that no part of the smoking products has been delivered by the seller to the purchaser within the Territory; or
	(b)	if the contract did not specify that matter—the parties intended the smoking products to be so delivered and that no part of the smoking products has been delivered by the seller to the purchaser within the Territory; or
	(c)	the defendant reasonably believed that the person to whom the smoking products were sold was a licensee.
	(4)	A person other than the holder of a wholesale tobacco merchant’s licence who sells smoking products to another person for the other person to place for sale in a vending machine commits an offence.
Maximum penalty:  100 penalty units.
63	Tobacco retailing—offences
	(1)	A person other than the holder of a retail tobacconist’s licence who carries on tobacco retailing commits an offence.
Maximum penalty:  50 penalty units.
	(2)	A person other than the holder of a retail tobacconist’s licence who is the occupier of premises on which a vending machine is used for the sale of smoking products commits an offence.
Maximum penalty:  50 penalty units.
	(3)	A licensee who carries on the business of selling smoking products on premises that are not specified in the licence as premises to be used for that business commits an offence.
Maximum penalty:  50 penalty units.
64	Licence particulars to be displayed
	(1)	A licensee must at all times display in a prominent place, at each premises at which the licensee carries on business as a licensee, a notice specifying—
	(a)	the licensee’s name; and
	(b)	the licence number; and
	(c)	any conditions applying for the time being in respect of the licence.
Maximum penalty:  5 penalty units.
	(2)	For subsection (1), if the licensee carries on business at premises under a retail tobacconist’s licence, the notice must be displayed at or in close proximity to the point of sale (or, if there is more than 1 point of sale, 1 of the points of sale) on the premises.
	(3)	Subsection (1) does not apply to premises at which the licensee sells smoking products only from a vending machine. 
	(4)	A licensee who offers smoking products for sale from a vending machine must at all times display in a prominent place on the machine a notice specifying the matters mentioned in subsection (1) (a) and (b) and, if applicable, subsection (1) (c).
Maximum penalty:  5 penalty units.
	(5)	Subsection (4) applies—
	(a)	in relation to each vending machine on particular premises; and
	(b)	even if a notice mentioned in subsection (1) is displayed on those premises.
65	Licence cancelled or licensee ceasing to carry on business
	(1)	If a tobacco licence is cancelled the licensee must not fail, without reasonable excuse, to return the licence promptly to the registrar.
Maximum penalty:  5 penalty units.
	(2)	If a licensee ceases to carry on business under the licence, the licensee must, within 7 days, give the registrar written notice that the licensee has ceased to carry on business under the licence.
Maximum penalty:  5 penalty units.
66	Endorsement on wholesale merchant’s invoices
	(1)	A holder of a wholesale tobacco merchant’s licence must endorse or cause to be endorsed on every invoice issued by the licensee in relation to the sale of smoking products the statement, in upper case letters, ‘SOLD BY LICENSED ACT WHOLESALER’.
Maximum penalty:  5 penalty units.
	(2)	A person must not issue an invoice that indicates (expressly or by implication) that the person does hold such a licence.
Maximum penalty:  50 penalty units.
67	Retail tobacconist must only obtain smoking products from licensed wholesaler
	(1)	A holder of a retail tobacconist’s licence must not purchase, or otherwise obtain, smoking products from a person who is not the holder of a wholesale tobacco merchant’s licence.
Maximum penalty:  50 penalty units.
	(2)	It is a defence to a prosecution for an offence against subsection (1) to show that the defendant purchased, or otherwise obtained, the smoking products for a purpose other than sale by retail.
Division 7.5	Administrative review
68	Review of decisions
Application may be made to the administrative appeals tribunal for review of any of the following decisions of the registrar:
	(a)	under section 48 (1) to specify conditions or further conditions to which a tobacco licence is subject, to vary or cancel conditions specified in a tobacco licence;
	(b)	under section 50 (1) or (2) to refuse to grant a tobacco licence;
	(c)	under section 51 to refuse to renew a tobacco licence;
	(d)	to issue a direction under section 56 (2) (a);
	(e)	to vary a tobacco licence under section 56 (2) (b);
	(f)	to suspend a tobacco licence under section 56 (2) (c);
	(g)	to cancel a tobacco licence under section 56 (2) (d) or section 57 (2);
	(h)	to disqualify a person from holding a tobacco licence under section 56 (2) (e);
	(i)	to take the actions mentioned in section 56 (4).
69	Notice of decisions
	(1)	If the registrar makes a decision—
	(a)	under section 48 (1) to specify conditions or further conditions to which a tobacco licence is subject, to vary or cancel conditions specified in a tobacco licence; or
	(b)	under section 50 (1) or (2) to refuse to grant a tobacco licence; or
	(c)	under section 51 to refuse to renew a tobacco licence; or
	(d)	under section 56 (2) to take 1 or more of the actions mentioned in that subsection; or
	(e)	under section 56 (4) to take the actions mentioned in that subsection; or
	(f)	under section 57 (2) to cancel a tobacco licence;
the registrar must give notice in writing of the decision to the applicant or licensee (as the case requires).
	(2)	The notice must comply with the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
Division 7.6	Miscellaneous
70	Determination of fees
	(1)	The Minister must determine—
	(a)	the fee payable annually for the grant or renewal of a wholesale tobacco merchant’s licence; and
	(b)	the fee payable annually for the grant or renewal of a retail tobacconist’s licence.
	(2)	The Minister may, in writing, determine fees for this Act (including this part).
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(3)	The Minister may determine the fee payable for a retail tobacconist’s licence by reference to the number of premises, or points of sale, specified in the licence.
	(4)		A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
71	Recovery of unpaid fees from unlicensed persons
	(1)	If a person was required by this part to hold a tobacco licence in respect of any period, but did not do so, the person is liable to pay to the registrar an amount equal to the fee that would have been payable for the licence had he or she applied for or held the licence.
	(2)	The registrar may assess the amount of the fee as if the person had applied for the licence, notwithstanding that the registrar may have made or purported to have made such an assessment.
	(3)	Notice of the assessment under this section must be served by the registrar on the person.
	(4)	Any amount assessed under this section that is unpaid is a debt due to the Territory.
	(5)	Proceedings may not be commenced for the purpose of recovering an amount assessed under this section until the expiration of 1 month after service of notice of the assessment under subsection (3).
	(6)	A certificate purporting to be signed by the registrar and stating that a specified amount is the amount assessed under this section in respect of a specified person is evidence of the matters so certified.

Part 8	Miscellaneous
    
72	Conduct of directors, servants and agents
	(1)	Where, for this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show—
	(a)	that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and
	(b)	that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.
	(2)	A reference in subsection (1) to the state of mind of a body or person is to be read as including a reference to—
	(a)	the knowledge, intention, opinion, belief or purpose of the body or person; and
	(b)	the body’s or person’s reasons for the intention, opinion, belief or purpose.
	(3)	Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.
	(4)	A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.
	(5)	A reference in this section to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.
72A	Approved forms
	(1) 	The Minister may, in writing, approve forms for this Act.
	(2) 	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
	(3) 	An approved form is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
73	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may prescribe the records a licensee or a person involved in the direction, management or control of a tobacco retailing or wholesaling business must keep in relation to the purchase or sale of smoking products.
	(3)	The regulations may apply, adopt or incorporate, entirely or in part and with or without changes, a publication (including an Act or regulation of another jurisdiction), as in force at a stated time or from time to time.
	(4) 	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This Act was originally a Commonwealth ordinance—the Tobacco Ordinance 1927 No 14 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).
	Legislation before becoming Territory enactment
Tobacco Act 1927 No 14
notified 23 June 1927
commenced 23 June 1927
as amended by
Tobacco Ordinance 1936 No 10
notified 2 April 1936
commenced 2 April 1936
Tobacco Ordinance 1937 No 19
notified 16 December 1937
commenced 16 December 1937
Ordinances Revision Ordinance 1937 No 27
notified 23 December 1937
commenced 23 December 1937
Tobacco Ordinance 1957 No 10
notified 31 October 1957
commenced 31 October 1957
Ordinances Revision (Decimal Currency) Ordinance 1966 No 19
notified 23 December 1966
commenced 23 December 1966
	Legislation after becoming Territory enactment
Tobacco (Amendment) Act 1990 No 39
notified 7 November 1990 (Gaz 1990 No S76)
s 1, s 2 commenced 7 November 1990 (s 2 (1))
s 5 (in pt) commenced 1 March 1991 (s 2 (2) and Gaz 1990 No S10)
remainder commenced 1 January 1991 (s 2 (2) and Gaz 1990 No S94)
Acts Revision (Position of Crown) Act 1993 No 44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Tobacco (Amendment) Act 1993 No 98
notified 24 December 1993 (Gaz 1993 No S267)
commenced 24 December 1993 (s 2)
Public Health (Miscellaneous Provisions) Act 1997 No 70 sch 1
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
sch 1 commenced 13 August 1998 (s 2 (2), s 43 (1) and Gaz 1998 No S185)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Tobacco (Amendment) Act 1999 No 57
notified 10 November 1999 (Gaz 1999 No 45)
ss 1-3 and s 17 commenced 10 November 1999 (s 2 (1))
s 13 commenced 10 November 2000 (s 2 (4))
remainder commenced 10 May 2000 (s 2 (3) and IA s 10E)
Tobacco Amendment Act 2000 No 16
notified 20 April 2000 (Gaz 2000 No 16)
s 1,s 2 commenced 20 April 2000 (s 2 (1))
s 7 commenced 1 September 2000 (s 2 (2))
remainder commenced 1 July 2000 (s 2 (3))
Smoking Products Legislation Amendment Act 2000 No 53 pt 2 and sch 1
notified 5 October 2000 (Gaz 2000 No 40)
s 9, s 10 commenced 11 November 2000 (s 2 (2))
pt 2 remainder and sch 1 commenced 5 October 2000 (s 2 (1))
Legislation (Consequential Amendments) Act 2001 No 44 pt 383
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 383 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Tobacco Amendment Act 2001 No 68
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
remainder commenced 17 September 2001 (s 2)
Legislation Amendment Act 2002 No11 pt 2.47
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.47 commenced 28 May 2002 (s 2 (1))
Statute Law Amendment Act 2002 No 30 amdt 3.906
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
amdt 3.906 taken to have commenced 5 October 2000 (s 2 (2))
4	Amendment history
Title
title	sub 2000 No 53 s 4
Preliminary
pt 1 hdg	(prev pt 1) ins 1990 No 39
	renum 2000 No 16 s 6 sch 2
Name of Act
s 1	sub 2000 No 53 amdt 1.1
Definitions for Act
s 2 hdg	sub 2000 No 53 amdt 1.2
s 2	orig s 2 om 1957 No 10 s 2
	ins 1990 No 39 s 5
	om 1993 No 44 sch 2
	(prev s 3) om 1957 No 10 s 2
	ins 1990 No 39 s 5
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.3; 2001 No 44 amdt 1.4023
	def authorised officer ins 1999 No 57 s 4
	am 2000 No 16 sch 3
	def carton ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.76
	def cigar ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.76
	def deputy registrar ins 1999 No 57 s 4
	sub 2000 No 16 sch 3
	def display ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.76
	def drug ins 2000 No 53 s 5
	def functions ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.4
	def group licence ins 1999 No 57 s 4
	om 2000 No 16 sch 3
	def herbal product ins 2000 No 53 s 5
	def identity card ins 1999 No 57 s 4
	am 2000 No 16 sch 3
	def immediate package ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.76
	def licence om 1957 No 10 s 2
	def newspaper ins 1990 No 39 s 5
	om 2000 No 53 amdt 1.7
	def occupier ins 1999 No 57 s 4
	def package ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.74
	def point of sale ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.77
	def point of sale display ins 1999 No 57 s 4
	am 2000 No 16 sch 3; 2000 No 53 amdt 1.76
	sub 2001 No 68 s 4
	def premises ins 1999 No 57 s 4
	def price ticket ins 1999 No 57 s 4
	am 2000 No 16 sch 3
	def product information notice ins 1999 No 57 s 4
	am 2000 No 16 sch 3
	def product line ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.5, amdt 1.76
	def public place ins 1990 No 39 s 5
	sub 1999 No 57 s 4
	def registrar ins 1936 No 10 s 2
	om 1957 No 10 s 2
	ins 1999 No 57 s 4
	sub 2000 No 16 sch 3
	def retail outlet ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.77
	def sell ins 1990 No 39 s 5
	sub 1999 No 57 s 4
	am 2000 No 16 sch 3
	def shop ins 1936 No 10 s 2
	om 1957 No 10 s 2
	def shopkeeper ins 1937 No 19 s 2
	om 1957 No 10 s 2
	def smoking ins 1990 No 39 s 5
	om 2000 No 53 amdt 1.7
	def smoking advertisement ins 2000 No 53 s 5
	def smoking product ins 2000 No 53 s 5
	def theatre ins 1990 No 39 s 5
	def the commissioner om 1957 No 10 s 2
	def the schedule om 1957 No 10 s 2
	def this Act ins 1999 No 57 s 4
	om 2001 No 44 amdt 1.4020
	def tobacco advertisement ins 1990 No 39 s 5
	sub 1999 No 57 s 4
	am 2000 No 16 sch 3
	om 2000 No 53 s 5
	def tobacco licence ins 1999 No 57 s 4
	sub 2000 No 16 sch 3
	om 2000 No 53 amdt 1.7
	def tobacco product ins 1990 No 39 s 5
	sub 2000 No 53 s 2
	def tobacco retailing business ins 1999 No 57 s 4
	om 2000 No 53 amdt 1.7
	def vending machine ins 1990 No 39 s 5
	sub 2000 No 53 amdt 1.6
	def wholesale outlet ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.77
Meaning of price tickets
s 3 hdg	sub 2000 No 53 amdt 1.8
s 3	(prev s 3A) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
Meaning of product information notices
s 4 hdg	sub 2000 No 53 amdt 1.8
s 4	(prev s 3B) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
Meaning of sell
s 5 hdg	sub 2000 No 53 amdt 1.8
s 5	(prev s 3C) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
Meaning of smoking advertisement
s 6 hdg	sub 2000 No 53 s 6, amdt 1.8
s 6	(prev s 3D) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 s 6
Publications of name of manufacturer etc
s 7 hdg	sub 2000 No 53 amdt 1.8
s 7	(prev s 3E) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.74, amdt 1.76, amdt 1.77
Point of sale displays
pt 2	(prev pt 1A hdg) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 2
Restrictions on point of sale displays
s 8	(prev s 3F) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdts 1.74-1.77
Availability for sale of displayed products
s 9	(prev s 3G) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.76, amdt 1.77
Manner of display
s 10	(prev s 3H) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 s 7, amdt 1.9, amdt 1.10
Display of cartons
s 11	(prev s 3J) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
Location of display
s 12	(prev s 3K) ins 1999 No 57 s 5
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.11, amdt 1.12, amdt 1.77
Sale of tobacco etc by shopkeeper
s 12A	ins 1937 No 19
	om 1957 No 10
Prior notice of proposed disciplinary action
s 12C	ins 1999 No 57 s 18
	om 2000 No 16 s 8 sch 3
Disciplinary action
s 12D	ins 1999 No 57 s 18
	om 2000 No 16 s 8 sch 3
Disqualification
s 12E	ins 1999 No 57 s 18
	om 2000 No 16 s 8 sch 3
Administrative review
pt 3C	ins 1999 No 57 s 18
	om 2000 No 16 s 8 sch 3
Review of decisions
s 12T	ins 1999 No 57 s 18
	om 2000 No 16 s 8 sch 3
Notification of decisions
s 12U	ins 1999 No 57 s 18
	om 2000 No 16 s 8 sch 3
Other display requirements by regulation
s 13	orig s 13 om 1957 No 10
	(prev s 3L) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
Supply of smoking products
pt 3 hdg	(prev pt 2 hdg) ins 1990 No 39
	renum 2000 No 16 s 6 sch 2
	sub 2000 No 53 amdt 1.13
Supply of smoking products to under 18 year olds
s 14 hdg	sub 2002 No 30 amdt 3.906
s 14	orig s 14 sub 1936 No 10
	om 1957 No 10
	ins 1990 No 39
	om 1998 No 54
	(prev s 4) sub 1936 No 10
	am 1937 No 19
	om 1957 No 10
	ins 1990 No 39
	am 1998 No 54
	sub 1999 No 57 s 6
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdts 1.14-1.17, amdt 1.76
Purchase of smoking products for under 18 year olds
s 15 hdg	sub 2000 No 53 s 3 sch 1
s 15	orig s 15 ins 1936 No 10 
	om 1957 No 10
	(prev s 5) om 1936 No 10
	ins 1990 No 39
	am 1998 No 54; 1999 No 57 s 7
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.18
Vending machines
s 16	orig s 16 ins 1936 No 10
	om 1957 No 10
	(prev s 6) am 1936 No 10
	om 1957 No 10
	ins 1990 No 39
	am 1998 No 54; 1999 No 57 s 8; 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.19, amdt 1.20
Tobacco for nonsmoking purposes
s 17 hdg	sub 2000 No 53 amdt 1.21
s 17	orig s 17 ins 1936 No 10
	om 1957 No 10
	(prev s 7) om 1957 No 10
	ins 1990 No 39
	am 1998 No 54; 1999 No 57 s 9
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.78
Food and toys resembling or promoting smoking products
s 18 hdg	sub 2000 No 53 amdt 1.21
s 18	orig s 18 ins 1936 No 10
	om 1957 No 10
	(prev s 8) am 1936 No 10
	om 1957 No 10
	ins 1990 No 39
	am 1998 No 54
	sub 1999 No 57 s 10
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.22, amdt 1.23, amdt 1.76, amdt 1.78
Sale of cigarettes
s 19	(prev s 9) am 1936 No 10
	om 1957 No 10
	ins 1990 No 39
	am 1998 No 54; 1999 No 57 s 11
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 s 8, amdt 1.78
Display of smoking products at points of sale
s 20 hdg	sub 2000 No 53 amdt 1.24
s 20	(prev s 9A) ins 1999 No 57 s 12
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.76, amdt 1.78
Numbers of points of sale
s 21	(prev s 9B) ins 1999 No 57 s 13
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 s 9
Health warnings at point of sale displays
s 22	(prev s 9C) ins 1999 No 57
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 s 10
	sub 2001 No 68 s 5
Advertising, promotion and sponsorship
pt 4 hdg	(prev pt 3 hdg) ins 1990 No 39
	sub 1999 No 57 s 14
	renum 2000 No 16 s 6 sch 2
Prohibited smoking advertising
s 23 hdg	sub 2000 No 53 amdt 1.24
s 23	(prev s 10) am 1966 No 19
	sub 1990 No 39
	am 1993 No 98; 1998 No 54; 1999 No 57 s 15
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.25, amdt 1.26, amdts 1.74-1.78; 2001 No 44 amdts 1.4025-1.4027
Removal of smoking advertisements
s 24 hdg	sub 2000 No 53 amdt 1.27
s 24	(prev s 11) am 1936 No 10
	om 1957 No 10
	ins 1990 No 39
	am 1993 No 98; 1997 No 70; 1999 No 57 s 16; 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.28, amdt 1.74, amdt 1.75
Smoking product promotions
s 25 hdg	sub 2000 No 53 amdt 1.29
s 25	(prev s 11A) ins 1999 No 57 s 17
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdts 1.76-1.78
Smoking product giveaways
s 26 hdg	sub 2000 No 53 amdt 1.29
s 26	(prev s 11B) ins 1999 No 57 s 17
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.76, amdt 1.78
Competitions that promote smoking products
s 27 hdg	sub 2000 No 53 amdt 1.29
s 27	(prev s 11C) ins 1999 No 57 s 17
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdts 1.76-1.78
Prohibition of sponsorships
s 28	(prev s 12) om 1957 No 10
	ins 1990 No 39
	am 1993 No 98; 1998 No 54
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.30, amdt 1.76, amdt 1.78; 2001 No 44 amdts 1.4028-1.4030
Registrar and deputy registrars
pt 5 hdg	(prev pt 3A hdg) ins 1999 No 57 s 18
	sub as pt 5 hdg 2000 No 16 s 8 sch 3
Registrar of tobacco
s 29	(prev s 12A) ins 1999 No 57 s 18
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.31
Deputy registrars of tobacco
s 30	(prev s 12B) ins 1999 No 57 s 18
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.31
Enforcement
pt 6 hdg	(prev pt 3B hdg) ins 1999 No 57 s 18
	renum 2000 No 16 s 6 sch 2
Interpretation for pt 6
s 31	(prev s 12F) ins 1999 No 57 s 18
	renum 2000 No 16 s 6 sch 1
Authorised officers
s 32	(prev s 12G) ins 1999 No 57 s 18
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.31, amdt 1.32
Exercise of powers by authorised officers who are police officers
s 33	(prev s 12H) ins 1999 No 57 s 18
	renum 2000 No 16 s 6 sch 1
Identity cards
s 34	(prev s 12J) ins 1999 No 57 s 18
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.33
Powers of entry
s 35	(prev s 12K) ins 1999 No 57 s 18
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.77
Consent to entry
s 36	(prev s 12L) ins 1999 No 57 s 18
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
Powers of authorised officers
s 37	(prev s 12M) ins 1999 No 57 s 18
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
Provision of information under s 37 (f)–claim of privilege
s 38	(prev s 12N) ins 1999 No 57 s 18
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
	am 2002 No 11 amdt 2.94, amdt 2.95; ss renum R6 LA (see 2002 No 11 amdt 2.96)
Power to require name and address
s 39	(prev s 12P) ins 1999 No 57 s 18
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.34 
Search warrants
s 40	(prev s 12Q) ins 1999 No 57 s 18
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
Obstruction of investigation
s 41	(prev s 12R) ins 1999 No 57 s 18
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
	am 2000 No 53 amdt 1.35, amdt 1.36
Seized items
s 42	(prev s 12S) ins 1999 No 57 s 18
	am 2000 No 16 s 8 sch 3
	renum 2000 No 16 s 6 sch 1
Licences
pt 7 hdg	ins 2000 No 16 s 4
Interpretation
div 7.1 hdg	(prev pt 7 div 1 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.37
Definitions for pt 7
s 43	ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.38
	def approved form om 2001 No 44 amdt 1.4031
	def determined fee om 2001 No 44 amdt 1.4031
Meaning of tobacco retailing
s 44	orig s 44 ins 2000 No 16 s 4
	om 2000 No 53 s 3 sch 1
	(prev s 43A) ins 2000 No 53 amdt 1.38
	renum R4 LRA (see 2000 No 53 s 11)
Meaning of tobacco wholesaling
s 45	(prev s 43B) ins 2000 No 53 amdt 1.38
	renum R4 LRA (see 2000 No 53 s 11)
Liability of employer for acts of employee
s 46	(prev s 43C) ins 2000 No 53 amdt 1.38
	renum R4 LRA (see 2000 No 53 s 11)
Licences
div 7.2 hdg	(prev pt 7 div 2 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.39
Application for, and grant of, tobacco licence
s 47	(prev s 45) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
	am 2001 No 44 amdts 1.4032-1.4036; ss renum R5 LA (see 2001 No 44 amdt 1.4037)
Conditions of tobacco licence
s 48	(prev s 46) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.40, amdt 1.14, amdt 1.77
	renum R4 LRA (see 2000 No 53 s 11)
Duration of tobacco licence
s 49	(prev s 47) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.42
	renum R4 LRA (see 2000 No 53 s 11)
Refusal to grant or renew tobacco licence
s 50 hdg	(prev s 48 hdg) sub 2000 No 53 amdt 1.43
	renum 2000 No 53 s 11
s 50	(prev s 48) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.44-1.47
	renum R4 LRA (see 2000 No 53 s 11)
Renewal of tobacco licence
s 51	(prev s 49) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.48
	renum R4 LRA (see 2000 No 53 s 11)
	am 2001 No 44 amdt 1.4038, amdt 1.4039
Revival of expired retail tobacconist’s licences
s 52	(prev s 50) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Register of tobacco licences
s 53	(prev s 51) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Surrender and termination of tobacco licence
s 54	(prev s 52) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.77
	renum R4 LRA (see 2000 No 53 s 11)
Disciplinary action
div 7.3 hdg	(prev pt 7 div 3 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.49
Prior notice of proposed disciplinary action
s 55	(prev s 53) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Disciplinary action–general
s 56	(prev s 54) ins 2000 No 16 s 4
	am 2000 No 53 amdts 1.50-1.54
	renum R4 LRA (see 2000 No 53 s 11)
Cancellation of tobacco licence–additional grounds
s 57	(prev s 55) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Offences
div 7.4 hdg	(prev pt 7 div 4 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.55
Permitting the use of vending machine on premises contrary to direction
s 58 hdg	(prev s 56 hdg) sub 2000 No 53 amdt 1.56
	renum R4 LRA (see 2000 No 53 s 11)
s 58	(prev s 56) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Failure to return tobacco licence after variation, suspension or cancellation
s 59	(prev s 57) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.57, amdt 1.77
	renum R4 LRA (see 2000 No 53 s 11)
Disqualification
s 60	(prev s 58) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.58, amdt 1.77
	renum R4 LRA (see 2000 No 53 s 11)
Selling smoking products without, or in contravention of, tobacco licence
s 61 hdg	(prev s 59 hdg) sub 2000 No 53 amdt 1.59
	renum R4 LRA (see 2000 No 53 s 11)
s 61	(prev s 59) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.77
	renum R4 LRA (see 2000 No 53 s 11)
Tobacco wholesaling–offences
s 62	(prev s 60) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.60, amdt 1.77
	renum R4 LRA (see 2000 No 53 s 11)
Tobacco retailing–offences
s 63	(prev s 61) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.61
	renum R4 LRA (see 2000 No 53 s 11)
Licence particulars to be displayed
s 64	(prev s 62) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.62, amdt 1.77
	renum R4 LRA (see 2000 No 53 s 11)
Licence cancelled or licensee ceasing to carry on business
s 65	(prev s 63) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Endorsement on wholesale merchant’s invoices
s 66 hdg	(prev s 64 hdg) sub 2000 No 53 amdt 1.63
	renum R4 LRA (see 2000 No 53 s 11)
s 66	(prev s 64) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.64, amdt 1.77
	renum R4 LRA (see 2000 No 53 s 11)
Retail tobacconist must only obtain smoking products from licensed wholesaler
s 67 hdg	(prev s 64A hdg) sub 2000 No 53 amdt 1.65
	renum R4 LRA (see 2000 No 53 s 11)
s 67	(prev s 64A) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Administrative review
div 7.5 hdg	(prev pt 7 div 5 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.66
Review of decisions
s 68	(prev s 65) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Notice of decisions
s 69	(prev s 66) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.67
	renum R4 LRA (see 2000 No 53 s 11)
Miscellaneous
div 7.6 hdg	(prev pt 7 div 6 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.68
Determination of fees
s 70 hdg	(prev s 67 hdg) renum R4 LRA (see 2000 No 53 s 11)
	sub 2001 No 44 amdt 1.4040
s 70	(prev s 67) ins 2000 No 16 s 4
	am 2000 No 53 amdt 1.69
	renum R4 LRA (see 2000 No 53 s 11)
	am 2001 No 44 amdt 1.4041, amdt 1.4042; ss renum R5 LA (see 2001 No 44 amdt 1.4043)
Recovery of unpaid fees from unlicensed persons
s 71	(prev s 68) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
Miscellaneous
pt 8	(prev pt 4 hdg) ins 1990 No 39
	renum 2000 No 16 s 6 sch 2
Conduct of directors, servants and agents
s 72	(prev s 13 and then s 69) ins 1990 No 39
	renum as s 69 2000 No 16 s 6 sch 1
	renum as s 72 R4 LRA (see 2000 No 53 s 11)
Approved forms
s 72A	ins 2001 No 44 amdt 1.4044
Regulation–making power
s 73 hdg	(prev s 70 hdg) sub 2000 No 53 amdt 1.70
	renum R4 LRA (see 2000 No 53 s 11)
s 73	(prev s 15 and then s 70) am 2000 No 53 amdt 1.71, amdt 1.72
	renum as s 70 2000 No 16 s 6 sch 1
	renum as s 73 R4 LRA (see 2000 No 53 s 11)
	am 2001 No 44 amdts 1.4045-1.4047
Transitional
pt 9	ins 2000 No 53 amdt 1.73
	exp 1 September 2001 (s 75 (1))
Licences under the Tobacco Licensing Act
s 74	(prev s 71) ins 2000 No 53 amdt 1.73
	renum R4 LRA (see 2000 No 53 s 11)
	exp 1 September 2001 (s 75 (1))
Expiry of part
s 75	(prev s 72) ins 2000 No 53 amdt 1.73
	renum R4 LRA (see 2000 No 53 s 11)
	exp 1 September 2001 (s 75 (1))
The schedule
sch	am 1937 No 19
	om 1957 No 10
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1990 No 39	31 July 1992	
2	Act 1993 No 98	31 December 1993	
3	Act 2000 No 16	1 July 2000	
4	Act 2000 No 53	20 November 2000	
4 (RI)	Act 2000 No 53 ‡	1 October 2002	
5	Act 2001 No 68	6 November 2001	
5 (RI)	Act 2001 No 68 ‡	1 October 2002	
6	Act 2002 No 11	30 May 2002	
‡ includes retrospective amendment by Act 2002 No 30	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002