Australian Capital Territory
Tobacco Act 1927    
A1927-14
Republication No 24
Effective:  1 December 2010 – 1 January 2011
Republication date: 1 December 2010
Last amendment made by A2010-43

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 1 December 2010.  It also includes any amendment, repeal or expiry affecting the republished law to 1 December 2010.  
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.  
This republication does not include amendments 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
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Tobacco Act 1927

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	2A	Notes	2
	3	Offences against Act—application of Criminal Code etc	3
	4	Meaning of price ticket	3
	5	Meaning of sell	4
	6	Meaning of smoking advertisement	4
	7	Publication of name of manufacturer etc	5
Part 2	Points of sale
	8	Numbers of points of sale	6
	9	Location of smoking products	6
	10	Storage of smoking products at points of sale	7
	11	Other location and storage requirements by regulation	7
Part 3	Supply of smoking products
	14	Supply of smoking product to under 18 year olds	8
	15	Purchase of smoking products for use by under 18 year olds	9
	16	Prohibition on sale of smoking products by vending machine	10
	17	Tobacco for non-smoking purposes	10
	18	Food and toys resembling or promoting smoking products	10
	18A	Declared smoking products	11
	18B	Prohibition on sale or import of declared smoking product	12
	19	Sale of cigarettes	12
	20	Display of smoking products	13
	21	Prohibited smoking products	13
	22	Prohibition on sale of prohibited smoking product	13
Part 4	Advertising, promotion and sponsorship
	23	Prohibited smoking advertising	14
	24	Removal of smoking advertisements	17
	25	Smoking product promotions	18
	25A	Prohibition of smoking product sales contributing to customer reward scheme	19
	26	Smoking product giveaways	20
	27	Competitions that promote smoking products etc	21
	28	Prohibition of sponsorships	22
Part 5	Registrar and deputy registrars
	29	Registrar of tobacco	24
	30	Deputy registrars of tobacco	24
Part 6	Enforcement
	31	Interpretation for pt 6	25
	32	Authorised officers	25
	33	Exercise of powers by authorised officers who are police officers	26
	34	Identity cards	26
	35	Powers of entry	26
	36	Consent to entry	27
	37	Powers of authorised officers	28
	38	Provision of information under s 37 (f)—claim of privilege	29
	39	Power to require name and address	30
	40	Search warrants	31
	42	Seized items	32
Part 6A	Tobacco compliance testing
	42A	Definitions—pt 6A	33
	42B	What is a compliance test?	33
	42C	Approval of compliance testing programs	34
	42D	Approval of compliance testing procedures	35
	42E	Carrying out of compliance testing	36
	42F	Lawfulness of compliance testing	37
	42G	Indemnification of authorised officers and purchase assistants	38
	42H	Annual report about compliance testing	38
Part 7	Licences
Division 7.1	Interpretation
	43	Definitions for pt 7	39
	44	Meaning of tobacco retailing	39
	45	Meaning of tobacco wholesaling	40
	46	Liability of employer for acts of employee	40
Division 7.2	Licences
	47	Application for, and grant of, tobacco licence	41
	48	Conditions of tobacco licence	42
	49	Duration of tobacco licence	43
	49A	No vending machines authorised	43
	50	Refusal to grant or renew tobacco licence	43
	51	Renewal of tobacco licence	45
	53	Register of tobacco licences	45
	54	Surrender and termination of tobacco licence	45
Division 7.3	Occupational discipline—licensees
	55	Meaning of licensee—div 7.3	46
	56	Grounds for occupational discipline	46
	57	Application to ACAT for occupational discipline	47
	58	Orders for occupational discipline	47
Division 7.4	Offences
	59	Failure to return tobacco licence	49
	60	Disqualification	49
	61	Selling smoking products without, or in contravention of, tobacco licence	50
	62	Tobacco wholesaling—offences	50
	63	Tobacco retailing—offences	51
	64	Display of licence details	52
	65	Licensee stops carrying on business	53
	66	Endorsement on wholesale tobacco merchant’s invoices	53
	67	Retail tobacconist must obtain smoking products from licensed wholesaler	54
Division 7.5	Notification and review of decisions
	68	Meaning of reviewable decision—div 7.5	54
	69	Reviewable decision notices	54
	69A	Applications for review	55
Division 7.6	Miscellaneous
	70	Determination of fees	55
	71	Recovery of unpaid fees from unlicensed persons	56
Part 8	Miscellaneous
	72	Acts and omissions of representatives	57
	72A	Approved forms	58
	73	Regulation-making power	58
	101	Transitional—application of new point of sale display provisions to tobacconists	59
Schedule 1	Reviewable decisions	61
Dictionary		62
Endnotes
	1	About the endnotes	67
	2	Abbreviation key	67
	3	Legislation history	68
	4	Amendment history	72
	5	Earlier republications	90
	6	Renumbered provisions	91

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	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘price ticket—see section 4.’ means that the term ‘price ticket’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
3	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
4	Meaning of price ticket
	(1)	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; and
	(b)	is not larger than 15cm2; and
	(c)	contains only text; and
	(d)	is in Times New Roman type, no character of which is more than 12 points in size; and
	(e)	otherwise complies with this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	In this section:
text includes a code mentioned in subsection (1) (a) (ii).
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 either or both of the following:
	(a)	a smoking advertisement;
	(b)	taken to be publicity or promotion as mentioned in subsection (1) (b).

Part 2	Points of sale
8	Numbers of points of sale
	(1)	An occupier of a retail outlet on unlicensed premises commits an offence if the occupier provides more than 1 point of sale at the outlet.
Maximum penalty:  50 penalty units.
	(2)	An occupier of a retail outlet on licensed premises commits an offence if the occupier provides more than 5 points of sale at the outlet.
Maximum penalty:  50 penalty units.
	(3)	An offence against this section is a strict liability offence.
	(4)	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 2010.
unlicensed premises means premises other than licensed premises.
9	Location of smoking products
	(1)	A smoking product for sale at a retail or wholesale outlet must be located—
	(a)	at a point of sale for the outlet; and
	(b)	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 price ticket for a product line for sale (or usually available for sale) at a point of sale at a retail or wholesale outlet must be located not less than 1m away from any part of the customer service area in relation to the point of sale.
	(3)	An occupier of a retail or wholesale outlet commits an offence if the occupier contravenes subsection (1) or (2).
Maximum penalty:  50 penalty units.
	(4)	An offence against this section is a strict liability offence.
10	Storage of smoking products at points of sale
	(1)	A smoking product at a point of sale for a retail or wholesale outlet must be stored out of view of the outlet’s customers.
	(2)	An occupier of a retail or wholesale outlet commits an offence if the occupier contravenes subsection (1).
Maximum penalty:  50 penalty units.
	(3)	An offence against this section is a strict liability offence.
11	Other location and storage requirements by regulation
An occupier of a retail or wholesale outlet must comply with any additional requirements in relation to the location or storage of smoking products that are prescribed by regulation.

Part 3	Supply of smoking products
    
14	Supply of smoking product to under 18 year olds
	(1)	A person commits an offence if the person—
	(a)	sells a smoking product to a person who is under 18 years old; and
	(b)	is reckless about whether the person to whom the smoking product is sold is under 18 years old.
Maximum penalty:  200 penalty units.
	(2)	It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
	(a)	immediately before the smoking product was sold to the person, the defendant (or an employee or agent of the defendant) (the seller) asked the person to show the seller a document of identification; and
	(b)	the person showed the seller a document of identification; and
	(c)	the seller had no reasonable grounds for believing that the document was not a genuine document of identification of the person.
	(3)	A person commits an offence if the person uses someone else’s document of identification, or a forged document of identification, for the purpose of obtaining a smoking product.
Maximum penalty:  10 penalty units.
	(4)	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.
	(5)	Subsection (4) 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.
	(6)	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 issued under the Liquor Act 2010, section 210 (Proof of age cards), 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 use by under 18 year olds
A person commits an offence if the person purchases a smoking product for use by a person under 18 years old.
Maximum penalty:  50 penalty units.
16	Prohibition on sale of smoking products by vending machine
	(1)	A person commits an offence if—
	(a)	the person places a vending machine on premises; and
	(b)	the vending machine is used, or is available for use, by members of the public.
Maximum penalty: 50 penalty units.
	(2)	A person commits an offence if—
	(a)	the person occupies premises where there is a vending machine; and
	(b)	the vending machine is used, or is available for use, by members of the public.
Maximum penalty: 50 penalty units.
17	Tobacco for non-smoking purposes
A person commits an offence if the person manufactures or sells a tobacco product that is not a product prepared for smoking.
Maximum penalty:  50 penalty units.
18	Food and toys resembling or promoting smoking products
	(1)	A person commits an offence if the person—
	(a)	sells or imports food or a toy; and
	(b)	the food or toy, or its package or packaging, resembles—
	(i)	a smoking product; or
	(ii)	a smoking product package.
Maximum penalty:  50 penalty units.
	(2)	For subsection (1), food or a toy resembles a smoking product or a smoking product package if a reasonable person would believe that the resemblance exists, or is likely to exist.
	(3)	A person commits an offence if the person—
	(a)	sells or imports food or a toy; and
	(b)	the food or toy, or its package or packaging, publicises or otherwise promotes 1 or more of the following things:
	(i)	a smoking product, or the purchase or use of a smoking product;
	(ii)	a trademark or brand name, or part of a trademark or brand name, of a smoking product;
	(iii)	the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.
Maximum penalty:  50 penalty units.
	(4)	For subsection (3), food or a toy, or its package or packaging, publicises or otherwise promotes a thing mentioned in subsection (3) (b) if a reasonable person would believe that the food, toy, package or packaging publicises or promotes, or is likely to publicise or promote, the thing.
18A	Declared smoking products
	(1)	The Minister may declare that food or a toy, or its package or packaging, is a declared smoking product.
	(2)	The Minister must not make a declaration under subsection (1) unless satisfied that the food or toy, or its package or packaging—
	(a)	resembles a smoking product; or
	(b)	resembles a smoking product package; or
	(c)	may publicise or otherwise promote—
	(i)	a smoking product, or the purchase or 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, directly or indirectly, with the smoking product.
	(3)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
18B	Prohibition on sale or import of declared smoking product
	(1)	A person commits an offence if the person sells or imports a declared smoking product.
Maximum penalty:  50 penalty units.
	(2)	In this section:
declared smoking product—see section 18A (1).
19	Sale of cigarettes
	(1)	A person commits an offence if the person sells cigarettes (including cigarettes made from a herbal product) in a quantity of less than 20.
Maximum penalty:  50 penalty units.
	(2)	A person commits an offence if the person sells cigarettes (including cigarettes made from a herbal product) in a package designed—
	(a)	to hold less than 20 cigarettes; or
	(b)	to be, or be readily able to be, divided into portions each of which contains less than 20 cigarettes.
Maximum penalty:  50 penalty units.
	(3)	An offence against this section is a strict liability offence.
20	Display of smoking products
An occupier of a retail or wholesale outlet commits an offence if the occupier displays to customers at the outlet a smoking product within, or adjacent to, the outlet.
Maximum penalty:  50 penalty units.
21	Prohibited smoking products
	(1)	The Minister may declare that a smoking product is prohibited (a prohibited smoking product).
	(2)	The Minister must not make a declaration under subsection (1) unless satisfied that—
	(a)	the smoking product, or the smoke of the product, has a distinctive fruity, sweet or confectionary-like character; and
	(b)	the nature of the product, or the product’s package or packaging, may be attractive to children.
	(3)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
22	Prohibition on sale of prohibited smoking product
	(1)	A person commits an offence if the person sells a prohibited smoking product.
Maximum penalty:  50 penalty units.
	(2)	In this section:
prohibited smoking product—see section 21 (1).

Part 4	Advertising, promotion and sponsorship
    
23	Prohibited smoking advertising
	(1)	A person commits an offence if the person—
	(a)	sells a film, videotape, DVD or other video recording, or an audio recording, that contains a smoking advertisement; and
	(b)	is reckless about whether the film, videotape, DVD or other video recording, or audio recording, contains a smoking advertisement.
Maximum penalty:  50 penalty units.
	(2)	A person commits an offence if the person—
	(a)	distributes to the public any unsolicited document that contains a smoking advertisement; and
	(b)	is reckless about whether the document contains a smoking advertisement.
Maximum penalty:  50 penalty units.
Examples—unsolicited documents—par (a)
1	leaflet
2	handbill
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	A person commits an offence if the person—
	(a)	places, displays or broadcasts a smoking advertisement (including a smoking advertisement for a tobacco product at or on a place where tobacco products are for sale); and
	(b)	is reckless about whether the advertisement is visible or audible in or from a public place.
Maximum penalty:  50 penalty units.
	(4)	This section does not apply in relation to—
	(a)	a smoking advertisement that is an accidental or incidental accompaniment to a film, videotape, DVD or other video recording, or an audio recording; or
	(b)	a single price ticket at a point of sale for each product line for sale (or usually available for sale) at the point of sale; or
	(c)	a personal use advertisement; or
	(d)	a smoking advertisement that is displayed at a point of sale if the advertisement—
	(i)	is to the effect that smoking products are offered for sale to people who are 18 years old or older; and
	(ii)	is the only smoking advertisement (other than a price ticket mentioned in paragraph (b)) displayed at the point of sale; and
	(iii)	does not contain a trademark or brand name, or 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; and
	(v)	is not larger than A5 paper size (148mm x 210mm); or
	(e)	a document ordinarily used in the course of business.
	(5)	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 financial 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.
Example—personal use
The wearing of a T-shirt displaying a smoking advertisement by a person who is not paid to wear the T-shirt.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
public place means a place to which the public or a section of the public has access, whether—
	(a)	by payment, membership of a body or otherwise; or
	(b)	by entitlement or permission.
Examples—public places
1	business premises, including professional, trade and commercial premises and wholesale outlets
2	a cinema or theatre
3	a club, hotel or motel
4	a community centre, hall or public library
5	government premises
6	a hostel or nursing home
7	a place of worship
8	a public transportation vehicle (including, a bus, taxi or boat)
9	a restaurant or cafeteria
10	a school, college or university
11	a shopping centre, mall or plaza
12	sporting or recreational premises.
24	Removal of smoking advertisements
	(1)	If an authorised officer believes on reasonable grounds that a person has contravened section 23 (3), 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 (3) (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 if the person contravenes a notice under subsection (1).
Maximum penalty (for each day):  5 penalty units.
Note	See the Legislation Act, s 193 (Continuing offences).
	(4)	Conviction for an offence against subsection (3) in relation to a notice about a contravention of section 23 (3) does not prevent conviction for an offence against section 23 (3) in respect of the contravention.
	(5)	Proceedings against a person for an offence against section 23 (3)—
	(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 (3), 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 commits an offence if—
	(a)	the person sells or distributes an object or entitlement; and
	(b)	the object or entitlement promotes 1 or more of the following things:
	(i)	a smoking product, or the purchase or use of a smoking product;
	(ii)	a trademark or brand name, or part of a trademark or brand name, of a smoking product;
	(iii)	the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.
Maximum penalty:  50 penalty units.
	(2)	For subsection (1), an object or entitlement sold or distributed by a person promotes a thing mentioned in subsection (1) (b) if a reasonable person would believe that the object or entitlement promotes, or is likely to promote, the thing.
	(3)	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 thing is a reference to the promotion of the thing by aural or visible material that the object is reasonably capable of producing, or of causing to be produced, in its normal use.
	(4)	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.
25A	Prohibition of smoking product sales contributing to customer reward scheme
	(1)	A person commits an offence, if in direct or indirect association with the sale of a smoking product, the person provides, or offers to provide, any of the following benefits:
	(a)	a prize, gift or discount;
	(b)	a voucher, ticket or other thing that allows a person access to a prize, gift or discount;
	(c)	points or credit in a customer reward scheme that allows a person to qualify for a thing mentioned in paragraph (a) or (b) by accumulating a number of points, or credit, in association with purchases.
Maximum penalty:  50 penalty units.
Example—par (b)
discount petrol vouchers offered by a supermarket chain
Example—par (c)
a shopping rewards program offered by a group of participating businesses, members of which accumulate points by making purchases at those businesses, and redeem the points for rewards
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that it was not reasonably practicable to identify that the sale of the smoking product was associated with the provision of, or offer to provide, the benefit.
26	Smoking product giveaways
	(1)	A person commits an offence if—
	(a)	the person supplies a smoking product for free; and
	(b)	the supply promotes the sale of any smoking product for value.
Maximum penalty:  50 penalty units.
	(2)	For subsection (1), the supply by a person of a smoking product for free promotes the sale of a smoking product for value if a reasonable person would believe that the supply promotes, or is likely to promote, the sale.
	(3)	In this section:
promote includes induce.
supply includes offer or expose.
27	Competitions that promote smoking products etc
	(1)	A person commits an offence if the person—
	(a)	conducts a competition; and
	(b)	the competition promotes 1 or more of the following things:
	(i)	a smoking product, or the purchase or use of a smoking product;
	(ii)	a trademark or brand name, or part of a trademark or brand name, of a smoking product;
	(iii)	the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.
Maximum penalty:  50 penalty units.
	(2)	For subsection (1), a competition conducted by a person promotes a thing mentioned in subsection (1) (b) if a reasonable person would believe that the competition promotes, or is likely to promote, the thing.
	(3)	A person commits an offence if the person—
	(a)	conducts a competition; and
	(b)	the competition 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)	For subsection (3), a competition conducted by a person has a direct or indirect association with a thing mentioned in subsection (3) (b) if a reasonable person would believe that the competition has, or would have, a direct or indirect association with the thing.
28	Prohibition of sponsorships
	(1)	A person commits an offence if—
	(a)	the person promotes or agrees to promote, under a contract, agreement, undertaking or understanding, whether or not legally binding—
	(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, directly or indirectly, with the smoking product; and
	(b)	the person does so in exchange for a sponsorship, gift, prize, scholarship or similar benefit given or agreed to be given by someone else.
Maximum penalty:  50 penalty units.
	(2)	A person commits an offence if—
	(a)	the person gives or agrees to give, under a contract, agreement, undertaking or understanding, whether or not legally binding, a sponsorship, gift, prize, scholarship or similar benefit; and
	(b)	the person does so in exchange for the promotion of, or an agreement to promote, a thing mentioned in subsection (1) (a).
Maximum penalty:  50 penalty units.
	(3)	This section does not apply in relation to a scholarship given, or agreed to be given, by a manufacturer or distributor of a smoking product to an employee, or a family member of an employee, of the manufacturer or distributor.
	(4)	In this section:
family member, of a person, means—
	(a)	the person’s domestic partner; or
	(b)	a parent, step-parent or grandparent of the person; or
	(c)	a child, stepchild or grandchild of the person; or
	(d)	a brother, sister, stepbrother or stepsister of the person.

Part 5	Registrar and deputy registrars
    
29	Registrar of tobacco
The chief executive must appoint a public servant as the Registrar of Tobacco.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
30	Deputy registrars of tobacco
	(1)	The chief executive may appoint a public servant as a Deputy Registrar of Tobacco.
	(2)	A deputy registrar may perform any function of the registrar, subject to any direction of the registrar.

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)	The chief executive may appoint a public servant as an authorised officer.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(2)	The following are also authorised officers:
	(a)	the registrar;
	(b)	a public health officer under the Public Health Act 1997;
	(c)	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 must give an authorised officer (other than a public health officer or police officer) an identity card stating the person’s name and position.
	(2)	The identity card must show—
	(a)	a recent photograph of the person; and
	(b)	the card’s date of issue and expiry; and
	(c)	anything else prescribed by regulation.
	(3)	A person commits an offence if the person—
	(a)	stops being an authorised officer; and
	(b)	does not return the person’s identity card to the chief executive not later than 7 days after the day the person stops being an authorised officer.
Maximum penalty:  1 penalty unit.
	(4)	An offence against this section is a strict liability offence.
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 
	(1)	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.
	(2)	A person commits an offence if the person fails to take reasonable steps to comply with a requirement made of the person under subsection (1) (f).
Maximum penalty:  50 penalty units.
	(3)	An offence against this section is a strict liability offence.
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 home address if the officer believes on reasonable grounds that the person—
	(a)	is committing or has committed an offence against this Act; or
	(b)	can provide evidence of the commission of an offence against this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	The authorised officer must tell the person the reason for the requirement and, as soon as practicable, record the reason.
	(3)	The authorised officer must also produce his or her identity card for inspection by the person.
	(4)	A person must comply with a requirement made of the person under subsection (1) if the authorised officer—
	(a)	told the person the reason for the requirement; and
	(b)	produced his or her identity card for inspection by the person.
Maximum penalty:  10 penalty units.
	(5)	An offence against this section is a strict liability offence.
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.
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 6A	Tobacco compliance testing
    
42A	Definitions—pt 6A
In this part:
approved procedures means procedures approved under section 42D (1) for carrying out an approved program of compliance testing.
approved program means a program of compliance testing approved under section 42C (1).
authorised officer does not include a police officer.
conduct—see the Criminal Code, section 13.
compliance test—see section 42B.
engage in conduct—see the Criminal Code, section 13.
purchase assistant—see section 42B (1) (a).
young person means a child who is 15 years old or older.
42B	What is a compliance test?
	(1)	A compliance test—
	(a)	involves a young person (a purchase assistant), under the supervision of an authorised officer, purchasing, or trying to purchase, tobacco products from tobacco licence-holders; and
	(b)	is carried out to obtain evidence that may lead to the prosecution of a person, or other action being taken against a person, for an offence against section 14 (Supply of smoking product to under 18 year olds) in relation to a tobacco product; and
Example of other action
disciplinary action under division 7.3 against a tobacco licence-holder
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(c)	may involve the purchase assistant and the authorised officer engaging in conduct that would, apart from section 42F (Lawfulness of compliance testing), be an offence against a territory law.
	(2)	In this section:
tobacco licence—see section 43.
tobacco licence-holder means someone who holds a tobacco licence.
42C	Approval of compliance testing programs
	(1)	The Minister may approve a program of compliance testing.
	(2)	However, the Minister must not approve a program of compliance testing unless— 
	(a)	the Minister is satisfied that the program is necessary to deter the sale of tobacco products to children in the area where the program will operate; and 
	(b)	the program states the area where the program will operate and when the program begins and ends; and
	(c)	the program is not longer than 3 months; and
	(d)	the Minister has approved procedures under section 42D.
Examples of considerations for par (a)
1	evidence of sales to children in the area where the program will operate
2	the success of other enforcement methods
3	the results of previous compliance tests in the area where the program will operate
4	the period since compliance testing was previously carried out in the area where the program will operate
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
42D	Approval of compliance testing procedures
	(1)	The Minister may approve procedures for carrying out approved programs of compliance testing.
	(2)	The Minister must not approve procedures under subsection (1) unless satisfied that the procedures—
	(a)	provide that, in carrying out a compliance test, a purchase assistant’s welfare is paramount; and
	(b)	appropriately protect a purchase assistant’s health and safety; and
	(c)	allow a purchase assistant to stop taking part in a compliance test at any time during the test; and
	(d)	ensure that, as far as practicable, a purchase assistant’s identity is protected during a compliance test; and
	(e)	require a purchase assistant to be, as far as practicable, indistinguishable from other purchasers and to look like a young person; and 
	(f)	require a purchase assistant not to lie to anyone about how old the assistant is during a compliance test; and
	(g)	only allow a compliance test to take place during normal business hours or at any other time when the premises where the test takes place is being used in relation to the seller’s normal business; and
	(h)	comply with anything else prescribed by regulation.
	(3)	An approval under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
42E	Carrying out of compliance testing
	(1)	An authorised officer may carry out a compliance test in accordance with an approved program and the approved procedures.
	(2)	An authorised officer may use a young person as a purchase assistant in a compliance test only if the young person, and at least 1 person who has parental responsibility under the Children and Young People Act 2008, division 1.3.2 for the young person, have given informed consent to the young person being a purchase assistant.
Note	If 2 or more people share parental responsibility for a child or young person, any of them may discharge the responsibility (see Children and Young People Act 2008, s 18 (2)).
	(3)	Each consent under subsection (2) must be in writing.
	(4)	In this section:
informed consent, by a person, means consent given by the person after the following matters have been explained to the person:
	(a)	a purchase assistant’s role in a compliance test, including the assistant’s role in any prosecution of a person for an offence against section 14 (Supply of smoking product to under 18 year olds);
	(b)	the effect of section 42F and section 42G (Indemnification of authorised officers and purchase assistants); 
	(c)	anything else required by the approved procedures.
42F	Lawfulness of compliance testing
	(1)	Despite any other territory law, conduct engaged in honestly by an authorised officer is not unlawful, and is not an offence by the officer, if the conduct is engaged in for the purpose of carrying out a compliance test in accordance with an approved program and the approved procedures.
	(2)	Despite any other territory law, conduct engaged in honestly by a purchase assistant is not unlawful, and is not an offence by the assistant, if—
	(a)	the conduct is engaged in for the purpose of carrying out a compliance test; and
	(b)	the assistant acts in accordance, or substantially in accordance, with the instructions (if any) of an authorised officer supervising the compliance test.
	(3)	However, this section does not—
	(a)	authorise a purchase assistant to enter or be in a place that it would be otherwise unlawful for the assistant to enter or be in; or
	(b)	prevent action being taken against an authorised officer under the Public Sector Management Act 1994, part 9 (Discipline) in relation to a failure by the authorised officer or a purchase assistant to comply with approved procedures.
Example for par (a)
a gaming area under the Gaming Machine Act 2004
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
42G	Indemnification of authorised officers and purchase assistants
	(1)	An authorised officer is not civilly liable for conduct engaged in for the purpose of carrying out a compliance test in accordance with an approved program and the approved procedures.
	(2)	A purchase assistant is not civilly liable for conduct engaged in for the purpose of carrying out a compliance test if the assistant acts in accordance, or substantially in accordance, with the instructions of an authorised officer for the test.
	(3)	However, this section does not prevent action being taken against an authorised officer under the Public Sector Management Act 1994, part 9 (Discipline) in relation to a failure of the authorised officer or a purchase assistant to comply with approved procedures.
	(4)	Any liability that would, apart from this section, attach to an authorised officer or purchase assistant attaches instead to the Territory.
42H	Annual report about compliance testing
The chief executive must include the following information in an annual report of the chief executive under the Annual Reports (Government Agencies) Act 2004:
	(a)	the number of compliance tests carried out during the financial year;
	(b)	the number of contraventions of section 14 (Supply of smoking product to under 18 year olds) detected by the tests; 
	(c)	the action taken in relation to the contraventions.

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.
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 72A (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 72A (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 72A (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 8 (Numbers of points of sale), 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 licence) remains in force until the end of 31 August next following the grant of the licence.
49A	No vending machines authorised
The registrar must not grant or renew a tobacco licence that would authorise the use of a vending machine for the sale of tobacco products.
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)	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 58 (2) (a), the sale of smoking products at the premises has been prohibited.
	(b)	the applicant holds another licence that is currently suspended under section 58 (2) (b); or
	(c)	the applicant is disqualified under section 58 from holding a tobacco licence (other than a disqualification relating to particular premises); or
	(d)	the licence would be a licence for particular premises and the applicant is disqualified under section 58 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 ACAT would have grounds, if the applicant already held a licence, for cancelling the licence.
	(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 72A (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.
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	Occupational discipline—licensees
55	Meaning of licensee—div 7.3
In this division:
licensee means—
	(a)	a licensee; or
	(b)	a person who was, but is no longer, a licensee.
56	Grounds for occupational discipline
Each of the following is a ground for occupational discipline in relation to a licensee:
	(a)	the licensee has contravened or is contravening this Act;
	(b)	the licensee has contravened or is contravening a condition of a tobacco licence held by the licensee;
	(c)	a tobacco licence was granted to the person in error;  
	(d)	a tobacco licence was granted to the person in consequence of a false statement made, or misleading information given, by or on behalf of the person;
	(e)	the person who holds a tobacco licence has been convicted of an offence under this part;
	(f)	if the licensee is an individual—
	(i)	the licensee is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or
	(ii)	the licensee is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
	(iii)	the licensee becomes bankrupt or executes a personal insolvency agreement;
	(g)	if the licensee is a corporation—the licensee is being wound up.
57	Application to ACAT for occupational discipline
If the registrar believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the registrar may apply to the ACAT for an occupational discipline order in relation to the licensee.
58	Orders for occupational discipline
	(1)	This section applies if the ACAT may make an occupational discipline order in relation to a licensee.
Note	The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.
	(2)	In addition to any other occupational discipline order the ACAT may make, the ACAT may make 1 or more of the following orders for occupational discipline in relation to the licensee:
	(a)	direct the registrar to vary a tobacco licence held by the person with effect for a stated period of not longer than 5 years—
	(i)	to impose more stringent requirements than otherwise apply under this Act in relation to a point of sale, a price ticket or smoking advertising on or adjacent to all or any of the premises specified in the licence; or
	(ii)	to impose a condition prohibiting 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 people under 18 years old; or
	(iv)	to impose a condition prohibiting the sale of smoking products at all or any of the premises stated in the licence;
	(b)	if the ACAT suspends a licensee’s licence—suspend any other tobacco licence held by the licensee for a stated period of not longer than 3 months;
	(c)	if the ACAT cancels a licensee’s licence—disqualify the person from holding a tobacco licence, or from holding a tobacco licence for stated premises, for a stated period of not longer than 5 years.
Note	The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.
	(3)	If the only ground for occupational discipline in relation to a licensee is the ground under section 56 (c) (which is about a licence granted to a person in error), the ACAT must only cancel the licence to which the section relates.
	(4)	If a person is convicted of an offence against this Act for the 2nd time within 2 years (whether or not the convictions are for offences against the same provision of this Act), the ACAT must—
	(a)	cancel each tobacco licence held by the person; and
	(b)	disqualify the person from holding a tobacco licence for 5 years after notice of the cancellation is given to the person.
Division 7.4	Offences
59	Failure to return tobacco licence
	(1)	A licensee commits an offence if—
	(a)	the registrar varies the licensee’s licence; and
	(b)	the registrar gives the licensee notice of the variation; and
	(c)	the licensee does not return the licence to the registrar within 14 days after the day the licensee is given the notice.
Maximum penalty:  5 penalty units.
	(2)	A licensee commits an offence if—
	(a)	the registrar suspends or cancels the licensee’s licence; and
	(b)	the registrar gives the licensee notice of the suspension or cancellation; and
	(c)	the licensee does not return the licence to the registrar within 14 days after the day the licensee is given the notice.
Maximum penalty:  5 penalty units.
	(3)	An offence against this section is a strict liability offence.
60	Disqualification
	(1)	A person commits an offence if the person—
	(a)	is disqualified under division 7.3 (Disciplinary action) from holding a tobacco licence for a stated period; and
	(b)	is involved in the direction, management or control of a tobacco retailing business during the period.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person commits an offence if the person—
	(a)	is disqualified under division 7.3 from holding a tobacco licence for particular premises for a stated period; and
	(b)	is involved in the direction, management or control of a tobacco retailing business at the premises during the period.
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 commits an offence if the person—
	(a)	is not a licensee; and
	(b)	sells a smoking product.
Maximum penalty:  50 penalty units. 
	(2)	A licensee commits an offence if the licensee contravenes a condition of the licensee’s licence.
Maximum penalty:  50 penalty units.
	(3)	An offence against subsection (2) is a strict liability offence.
62	Tobacco wholesaling—offences
	(1)	A person commits an offence if the person—
	(a)	carries on tobacco wholesaling; and
	(b)	is not the holder of a wholesale tobacco merchant’s licence.
Maximum penalty:  100 penalty units.
	(2)	A person commits an offence if the person—
	(a)	carries on tobacco wholesaling; and
	(b)	sells smoking products to someone who is not a licensee.
Maximum penalty:  100 penalty units.
	(3)	It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
	(a)	under the contract of sale, the smoking products were to be delivered by the seller to the buyer outside the ACT, and that no part of the smoking products has been delivered by the seller to the buyer in the ACT; or
	(b)	if the contract did not state that the smoking products were to be delivered outside the ACT, the parties intended the smoking products to be delivered outside the ACT, and that no part of the smoking products has been delivered by the seller to the buyer in the ACT; or
	(c)	the defendant believed on reasonable grounds that the person to whom the smoking product was sold was a licensee.
	(4)	A person commits an offence if the person—
	(a)	is not the holder of a wholesale tobacco merchant’s licence; and
	(b)	sells a smoking product to someone else for sale in a vending machine.
Maximum penalty:  100 penalty units.
63	Tobacco retailing—offences
	(1)	A person commits an offence if the person—
	(a)	carries on tobacco retailing; and
	(b)	is not the holder of a retail tobacconist’s licence.
Maximum penalty:  50 penalty units.
	(2)	The holder of a retail tobacconist’s licence commits an offence if—
	(a)	the holder carries on the business of selling smoking products at premises; and
	(b)	the premises are not stated in the licence as premises that are to be used in relation to the business.
Maximum penalty:  50 penalty units.
	(3)	An offence against subsection (2) is a strict liability offence.
64	Display of licence details
	(1)	The holder of a wholesale tobacco merchant’s licence commits an offence if the holder fails to display a licence details notice in a prominent place at each premises at which the holder carries on business as the holder of the licence.
Maximum penalty:  5 penalty units.
	(2)	The holder of a retail tobacconist’s licence commits an offence if the holder—
	(a)	carries on business as the holder of the licence at premises; and
	(b)	fails to display a licence details notice 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) at the premises.
Maximum penalty:  5 penalty units.
	(3)	An offence against this section is a strict liability offence.
	(4)	In this section:
licence details notice, in relation to the holder of a licence, means a notice stating—
	(a)	the holder’s name; and
	(b)	the licence number; and
	(c)	any conditions that apply to the licence.
65	Licensee stops carrying on business
	(1)	A licensee commits an offence if the licensee—
	(a)	stops carrying on business under the licence; and
	(b)	fails to tell the registrar, in writing, that the licensee has stopped carrying on business under the licence as soon as practicable, but not later than 7 days, after the day the person stops carrying on business.
Maximum penalty:  5 penalty units.
	(2)	An offence against this section is a strict liability offence.
66	Endorsement on wholesale tobacco merchant’s invoices
	(1)	The holder of a wholesale tobacco merchant’s licence commits an offence if—
	(a)	the holder issues an invoice in relation to the sale of a smoking product; and
	(b)	the invoice does not state, in upper case letters, ‘SOLD BY LICENSED ACT WHOLESALER’.
Maximum penalty:  5 penalty units.
	(2)	An offence against subsection (1) is a strict liability offence.
	(3)	A person commits an offence if the person—
	(a)	is not the holder of a wholesale tobacco merchant’s licence; and
	(b)	issues an invoice in relation to the sale of a smoking product that indicates (expressly or impliedly) that the person holds the licence.
Maximum penalty:  50 penalty units.
67	Retail tobacconist must obtain smoking products from licensed wholesaler
	(1)	The holder of a retail tobacconist’s licence commits an offence if the holder obtains a smoking product from someone who is not the holder of a wholesale tobacco merchant’s licence.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant obtained the smoking product for a purpose other than retail sale.
Division 7.5	Notification and review of decisions
68	Meaning of reviewable decision—div 7.5
In this division:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
69	Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
69A	Applications for review
The following may apply to the ACAT for review of a reviewable decision:
	(a)	an entity mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
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	Acts and omissions of representatives
	(1)	In this section:
person means an individual.
Note	See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
representative, of a person, means an employee or agent of the person.
state of mind, of a person, includes—
	(a)	the person’s knowledge, intention, opinion, belief or purpose; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
	(2)	This section applies to a prosecution for any offence against this Act.
	(3)	If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
	(a)	the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
	(b)	the representative had the state of mind.
	(4)	An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.
	(5)	However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
	(6)	A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).
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.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(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)	A regulation may prescribe requirements that must be complied with in relation to the location or storage of smoking products.
	(4)	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.
	(5)	The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 20 penalty units for offences against the regulations.
101	Transitional—application of new point of sale display provisions to tobacconists
	(1)	The new point of sale display provisions do not apply until 1 January 2010 in relation to a person (a standard tobacconist) who—
	(a)	holds a retail tobacconist’s licence or wholesale tobacco merchant’s licence in relation to premises; and
	(b)	carries on business as a retail tobacconist or wholesale tobacconist at the premises; and
	(c)	is not a specialist tobacconist.
	(2)	The new point of sale display provisions do not apply until 1 January 2011 in relation to a person (a specialist tobacconist) who—
	(a)	holds a retail tobacconist’s licence in relation to premises that are not part of premises used by the person for other retail purposes; and
	(b)	carries on business at the premises the main purpose of which is selling smoking products by retail.
	(3)	Until the new point of sale display provisions apply in relation to a standard tobacconist or specialist tobacconist, the old point of sale display provisions continue to apply in relation to the tobacconist.
	(4)	In this section:
new point of sale display provisions means the following provisions of this Act, as in force after this section commences:
	(a)	part 2 (Points of sale), other than section 8 (Numbers of points of sale);
	(b)	section 20 (Display of smoking products);
	(c)	section 23 (Prohibited smoking advertising);
	(d)	section 24 (Removal of smoking advertisements);
	(e)	section 56 (Disciplinary action—general).
old point of sale display provisions means the Tobacco Regulation 1991 and the following provisions of this Act, as in force immediately before this section commences:
	(a)	part 2 (Point of sale displays);
	(b)	section 20 (Display of smoking products at points of sale);
	(c)	section 22 (Health warnings at point of sale displays);
	(d)	section 23 (Prohibited smoking advertising);
	(e)	section 24 (Removal of smoking advertisements);
	(f)	section 56 (Disciplinary action—general).
retail tobacconist’s licence—see section 43.
wholesale tobacco merchant’s licence—see section 43.
	(5)	This section expires on 1 January 2011.

Schedule 1	Reviewable decisions
(see div 7.5)

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	48 (1)	state conditions to which licence is subject	licensee	
2	50	refuse to grant or renew licence	applicant for licence or renewal	
3	51	refuse to renew licence	applicant for renewal	

Dictionary
(see s 2)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACAT
·	child
·	contravene
·	domestic partner (see s 169 (1))
·	exercise 
·	function
·	home address
·	occupational discipline order
·	police officer
·	public health officer
·	reviewable decision notice.
approved procedures, for part 6A (Tobacco compliance testing)—see section 42A.
approved program, for part 6A (Tobacco compliance testing)—see section 42A.
authorised officer—
	(a)	means an authorised officer under section 32; but
	(b)	for part 6A (Tobacco compliance testing)—see section 42A.
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. 
compliance test, for part 6A (Tobacco compliance testing)—see section 42B.
conduct, for part 6A (Tobacco compliance testing)—see the Criminal Code, section 13.
connected, for part 6 (Enforcement)—see section 31.
deputy registrar means a deputy Registrar of Tobacco under section 30. 
engage in conduct, for part 6A (Tobacco compliance testing)—see the Criminal Code, section 13.
food includes confectionery.
ground for occupational discipline, for division 7.3—see section 56. 
herbal product means a product prepared for smoking that contains a herb or other plant matter but does not contain tobacco or a controlled drug within the meaning of the Criminal Code, chapter 6 (Serious drug offences).
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 chief police officer; 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).
import means import into the ACT for sale.
licensee—
	(a)	for part 7 (Licences)—see section 43; and
	(b)	for division 7.3 (Occupational discipline—licensees)—see section 55.
occupier, of premises—
	(a)	for this Act generally—means a person having the management or control, or otherwise being in charge, of the premises; and
	(b)	for part 6 (Enforcement)—see section 31.
offence for part 6 (Enforcement)—see section 31.
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.
premises includes a vehicle, vessel or aircraft, and a permanent or temporary structure.
price ticket—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). 
purchase assistant, for part 6A (Tobacco compliance testing)—see section 42B (1) (a).
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.
retail tobacconist’s licence, for part 7 (Licences)—see section 43.
reviewable decision, for division 7.5 (Notification and review of decisions)—see section 68.
sell—see section 5.
smoking advertisement—see section 6.
smoking product means a tobacco product or a herbal product.
smoking product package means a package that—
	(a)	is of a kind 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.
tobacco licence, for part 7 (Licences)—see section 43.
tobacco product means tobacco, or something containing tobacco, prepared for human consumption (including a cigarette or cigar).
tobacco retailing, for part 7 (Licences)—see section 44.
tobacco wholesaling, for part 7 (Licences)—see section 45. 
vending machine means a machine or device from which smoking products can be obtained, including by 1 or more of the following:
	(a)	electronic funds transfer;
	(b)	inserting money, a token or another object.
Example—other objects—par (b)
1	credit card
2	debit card
3	key
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
wholesale outlet means premises where smoking products are available for sale exclusively by wholesale.
wholesale tobacco merchant’s licence, for part 7 (Licences)—see section 43.
young person, for part 6A (Tobacco compliance testing)—see section 42A.

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.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	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 1991 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 pt 3.82 
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))
pt 3.82 remainder commenced 17 September 2002 (s 2 (1))
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.36, sch 2 pt 2.90
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.36, sch 2 pt 2.90 commenced 9 April 2004 (s 2 (1))
Tobacco (Vending Machine Ban) Amendment Act 2004 A2004-49 pt 2
notified LR 16 August 2004
s 1, s 2 commenced 16 August 2004 (LA s 75 (1))
s 14 commenced 17 August 2004 (s 2 (1))
pt 2 remainder commenced 1 September 2006 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 15
notified LR 23 February 2005
s 1, s 2 commenced 23 February 2005 (LA s 75 (1))
pt 15 commenced 6 March 2005 (s 2 (1) and see Criminal Code (Serious Drug Offences) Amendment Act 2004 A2004-56, s 2 and LA s 79)
Casino Control Act 2006 A2006-2 sch 1 pt 1.6
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 May 2006 (s 2 and CN2006-6)
Tobacco (Compliance Testing) Amendment Act 2006 A2006-41
notified LR 24 October 2006
s 1, s 2 commenced 24 October 2006 (LA s 75 (1))
remainder commenced 25 October 2006 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.99
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.99 commenced 12 April 2007 (s 2 (1))
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.20
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.20 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.50
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.50 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.98
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.98 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Tobacco Amendment Act 2008 A2008-50
notified LR 15 September 2008
s 1, s 2 commenced 15 September 2008 (LA s 75 (1))
s 3 commenced 16 September 2008 (LA s 75AA)
ss 16-18, s 22 commenced 16 September 2008 (s 2 (1))
remainder commenced 28 February 2009 (s 2 (2) and CN2009-1)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.75
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.75 commenced 17 December 2009 (s 2)
Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.22
notified LR 8 November 2010
s 1, s 2 commenced 8 November 2010 (LA s 75 (1))
sch 1 pt 1.22 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14)
4	Amendment history
Title
title	sub 2000 No 53 s 4
Preliminary
pt 1 hdg	(prev pt I) ins 1990 No 39
	renum 2000 No 16 s 6 sch 2
Name of Act
s 1	sub 2000 No 53 amdt 1.1
Dictionary
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
	defs reloc to dict 2002 No 30 amdt 3.904
	sub 2002 No 30 amdt 3.905
	am A2008-50 s 4
	def functions ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.4
	om 2002 No 30 amdt 3.903
	def group licence ins 1999 No 57 s 4
	om 2000 No 16 sch 3
	def licence om 1957 No 10 s 2
	def newspaper ins 1990 No 39 s 5
	om 2000 No 53 amdt 1.7
	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 the commission 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 1.4024
	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 retailing business ins 1999 No 57 s 4
	om 2000 No 53 amdt 1.7
Notes
s 2A	ins 2002 No 30 amdt 3.905
Offences against Act—application of Criminal Code etc
s 2B	ins A2004-49 s 5
	om A2008-50 s 5
Offences against Act—application of Criminal Code etc
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
	om A2008-50 s 6
	ins A2008-50 s 5
Meaning of price ticket
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
	sub A2008-50 s 6
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; A2008-50 s 7
Points of sale
pt 2 hdg	(prev pt 1A hdg) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 2
	sub A2008-50 s 8
Numbers of points of sale
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
	sub A2008-50 s 8
	am A2010-43 amdt 1.69
Location of smoking 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
	sub A2008-50 s 8
Storage of smoking products at points of sale
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
	sub A2008-50 s 8
Other location and storage requirements by regulation
s 11	(prev s 3J) ins 1999 No 57 s 5
	renum 2000 No 16 s 6 sch 1
	sub A2008-50 s 8
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; A2004-49 s 6
	om A2008-50 s 8
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
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
	om A2008-50 s 8
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 product 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; A2004-49 s 7; ss renum R12 LA (see A2004-49 s 8); A2008-50 s 9, amdt 1.1; A2010-43 amdt 1.70
Purchase of smoking products for use by 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
	sub A2008-50 amdt 1.2
Prohibition on sale of smoking products by vending machine
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; A2006-2 amdt 1.20
	sub A2004-49 s 9
Tobacco for non-smoking 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
	sub A2008-50 amdt 1.3
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
	sub A2008-50 amdt 1.3
Declared smoking products
s 18A	ins A2008-50 amdt 1.4
Prohibition on sale or import of declared smoking product
s 18B	ins A2008-50 amdt 1.4
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
	sub A2008-50 s 10
Display of smoking products
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
	sub A2008-50 s 10
Prohibited smoking products
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
	sub A2008-50 s 10
Prohibition on sale of prohibited smoking product
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
	am A2004-49 s 10
	sub A2008-50 s 10
Administrative review
pt 3C hdg	ins 1999 No 57 s 18
	om 2000 No 16 s 8 sch 3
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; A2004-49 s 11
	sub A2008-50 s 11
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; A2008-50 s 12, amdt 1.5
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
	sub A2008-50 s 13
Prohibition of smoking product sales contributing to customer reward scheme
s 25A	ins A2008-50 s 13
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
	sub A2008-50 amdt 1.6
Competitions that promote smoking products etc
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
	sub A2008-50 amdt 1.6
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
	sub A2008-50 s 14
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
	sub A2007-3 amdt 3.495
	(2)-(4) exp 12 April 2008 (s 29 (4) (LA s 88 declaration applies))
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
	sub A2007-3 amdt 3.495
	(3)-(5) exp 12 April 2008 (s 30 (5) (LA s 88 declaration applies))
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
	sub A2007-3 amdt 3.496
	(3)-(5) exp 12 April 2008 (s 32 (5) (LA s 88 declaration applies))
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
	sub A2008-50 amdt 1.7
	(5)-(7) exp 28 February 2009 (s 34 (7) (LA s 88 declaration applies))
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
	am A2008-50 amdt 1.8
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 
	sub A2008-50 amdt 1.9
	am A2009-49 amdt 3.192
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
Failing to comply with requirement of authorised officer
s 41 hdg	sub A2004-15 amdt 2.189
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; A2004-15 amdt 2.190, amdt 2.191
	om A2008-50 amdt 1.10
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
Tobacco compliance testing
pt 6A hdg	ins A2006-41 s 4
Definitions—pt 6A
s 42A	ins A2006-41 s 4
	def approved procedures ins A2006-41 s 4
	def approved program ins A2006-41 s 4
	def authorised officer ins A2006-41 s 4
	def conduct ins A2006-41 s 4
	def compliance test ins A2006-41 s 4
	def engage in conduct ins A2006-41 s 4
	def purchase assistant ins A2006-41 s 4
	def young person ins A2006-41 s 4
What is a compliance test?
s 42B	ins A2006-41 s 4
Approval of compliance testing programs
s 42C	ins A2006-41 s 4
Approval of compliance testing procedures
s 42D	ins A2006-41 s 4
Carrying out of compliance testing
s 42E	ins A2006-41 s 4
	am A2008-20 amdt 3.44, amdt 3.45
Lawfulness of compliance testing
s 42F	ins A2006-41 s 4
Indemnification of authorised officers and purchase assistants
s 42G	ins A2006-41 s 4
Annual report about compliance testing
s 42H	ins A2006-41 s 4
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)
	am A2004-49 s 12
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)
	am A2008-50 s 15
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)
	am A2008-50 s 16
No vending machines authorised
s 49A	ins A2004-49 s 13
	am A2008-50 s 17
2005/2006 licences—no vending machines authorised
s 49B	ins A2004-49 s 14
	exp 1 September 2006 (s 49B (2))
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)
	am A2004-49 s 15; pars renum R12 LA (see A2004-49 s 16); A2008-36 amdt 1.633, amdt 1.634
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; 2002 No 30 amdt 3.907
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)
	am 2002 No 30 amdt 3.907
	om A2008-50 s 18
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)
Occupational discipline—licensees
div 7.3 hdg	(prev pt 7 div 3 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.49; A2008-36 amdt 1.635
Meaning of licensee—div 7.3
s 55	(prev s 53) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
	sub A2008-36 amdt 1.635
Grounds for occupational discipline
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)
	am A2006-2 amdt 1.21; A2004-49 ss 17-19, s 21, s 22; pars renum R12 LA (see A2004-49 s 20)
	sub A2008-36 amdt 1.635
Application to ACAT for occupational discipline
s 57	(prev s 55) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
	sub A2008-36 amdt 1.635
Orders for occupational discipline
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)
	om A2004-49 s 23
	ins A2008-36 amdt 1.635
	am A2008-37 amdt 1.480; A2008-50 s 19
Offences
div 7.4 hdg	(prev pt 7 div 4 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.55; A2008-50 amdt 1.11
Failure to return tobacco licence
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)
	sub A2008-50 amdt 1.11
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)
	sub A2008-50 amdt 1.11
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)
	sub A2008-50 amdt 1.11
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)
	sub A2008-50 amdt 1.11
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)
	am A2004-49 s 24; pars renum A2004-49 s 25
	sub A2008-50 amdt 1.11
Display of licence details
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)
	am A2004-49 s 26
	sub A2008-50 amdt 1.11
Licensee stops carrying on business
s 65	(prev s 63) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
	sub A2008-50 amdt 1.11
Endorsement on wholesale tobacco 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)
	sub A2008-50 amdt 1.11
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)
	sub A2008-50 amdt 1.11
Notification and review of decisions
div 7.5 hdg	(prev pt 7 div 5 hdg) ins 2000 No 16 s 4
	sub 2000 No 53 amdt 1.66; A2008-36 amdt 1.636
Meaning of reviewable decision—div 7.5
s 68	(prev s 65) ins 2000 No 16 s 4
	renum R4 LRA (see 2000 No 53 s 11)
	am A2004-49 s 27; pars renum R12 LA (see A2004-49 s 28)
	sub A2008-36 amdt 1.636
Reviewable decision notices
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)
	sub A2008-36 amdt 1.636
Applications for review
s 69A	ins A2008-36 amdt 1.636
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 hdg	(prev pt 4 hdg) ins 1990 No 39
	renum 2000 No 16 s 6 sch 2
Acts and omissions of representatives
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)
	sub A2004-15 amdt 1.40
Approved forms
s 72A	ins 2001 No 44 amdt 1.4044
	am A2007-3 amdt 3.497
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; A2008-50 s 20, s 21; ss renum R21 LA
Transitional
pt 9 hdg	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))
Transitional—repeal of s 52
s 100	ins A2008-50 s 22
	exp 30 November 2008 (s 100 (5))
Transitional—application of new point of sale display provisions to tobacconists
s 101	ins A2008-50 s 23
	exp 1 January 2011 (s 101 (5))
The schedule
sch	am 1937 No 19
	om 1957 No 10
Reviewable decisions
sch 1	ins A2008-36 amdt 1.637
Dictionary
dict	ins 2002 No 30 amdt 3.908
	am A2008-36 amdt 1.638; A2008-50 s 24, amdt 1.12; A2009‑49 amdt 3.193
	def approved procedures ins A2006-41 s 5
	def approved program ins A2006-41 s 5
	def authorised officer ins 1999 No 57 s 4
	am 2000 No 16 sch 3
	reloc from s 2 2002 No 30 amdt 3.904
	sub A2006-41 s 6
	def carton ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.76
	reloc from s 2 2002 No 30 amdt 3.904
	def cigar ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.76
	reloc from s 2 2002 No 30 amdt 3.904
	def compliance test ins A2006-41 s 7
	def conduct ins A2006-41 s 7
	def connected ins A2007-3 amdt 3.499
	def deputy registrar ins 1999 No 57 s 4
	sub 2000 No 16 sch 3
	reloc from s 2 2002 No 30 amdt 3.904
	def display ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.76
	reloc from s 2 2002 No 30 amdt 3.904
	om A2008-50 s 25
	def drug ins 2000 No 53 s 5
	reloc from s 2 2002 No 30 amdt 3.904
	sub A2005-5 s 49
	om A2008-50 s 25
	def engage in conduct ins A2006-41 s 7
	def food ins A2008-50 amdt 1.13
	def ground for occupational discipline ins A2008-36 amdt 1.639
	def herbal product ins 2000 No 53 s 5
	reloc from s 2 2002 No 30 amdt 3.904
	sub A2008-50 s 26
	def identity card ins 1999 No 57 s 4
	am 2000 No 16 sch 3
	reloc from s 2 2002 No 30 amdt 3.904
	am A2007-3 amdt 3.498
	def immediate package ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.76
	reloc from s 2 2002 No 30 amdt 3.904
	def import ins A2008-50 amdt 1.13
	def licensee ins A2007-3 amdt 3.499
	sub A2008-36 amdt 1.640
	def occupier ins 1999 No 57 s 4
	reloc from s 2 2002 No 30 amdt 3.904
	sub A2007-3 amdt 3.500
	def offence ins A2007-3 amdt 3.501
	def package ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.74
	reloc from s 2 2002 No 30 amdt 3.904
	om A2008-50 s 27
	def point of sale ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.77
	sub 2001 No 68 s 4
	reloc from s 2 2002 No 30 amdt 3.904
	sub A2004-49 s 29
	def point of sale display ins 1999 No 57 s 4
	am 2000 No 16 sch 3; 2000 No 53 amdt 1.76
	reloc from s 2 2002 No 30 amdt 3.904
	om A2008-50 s 27
	def premises ins 1999 No 57 s 4
	reloc from s 2 2002 No 30 amdt 3.904
	def price ticket ins 1999 No 57 s 4
	am 2000 No 16 sch 3
	reloc from s 2 2002 No 30 amdt 3.904
	sub A2008-50 s 28
	def product information notice ins 1999 No 57 s 4
	am 2000 No 16 sch 3
	reloc from s 2 2002 No 30 amdt 3.904
	om A2008-50 s 29
	def product line ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.5, amdt 1.76
	reloc from s 2 2002 No 30 amdt 3.904
	def public place ins 1990 No 39 s 5
	sub 1999 No 57 s 4
	reloc from s 2 2002 No 30 amdt 3.904
	om A2008-50 s 30
	def purchase assistant ins A2006-41 s 7
	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
	reloc from s 2 2002 No 30 amdt 3.904
	def retail outlet ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.77
	reloc from s 2 2002 No 30 amdt 3.904
	def retail tobacconist’s licence ins A2007-3 amdt 3.501
	def reviewable decision ins A2008-36 amdt 1.641
	def sell ins 1990 No 39 s 5
	sub 1999 No 57 s 4
	am 2000 No 16 sch 3
	reloc from s 2 2002 No 30 amdt 3.904
	def smoking advertisement ins 2000 No 53 s 5
	reloc from s 2 2002 No 30 amdt 3.904
	def smoking product ins 2000 No 53 s 5
	reloc from s 2 2002 No 30 amdt 3.904
	def smoking product package ins A2008-50 amdt 1.13
	def theatre ins 1990 No 39 s 5
	reloc from s 2 2002 No 30 amdt 3.904
	om A2008-50 s 31
	def tobacco licence ins A2007-3 amdt 3.501
	def tobacco product ins 1990 No 39 s 5
	sub 2000 No 53 s 2
	reloc from s 2 2002 No 30 amdt 3.904
	def tobacco retailing ins A2007-3 amdt 3.501
	def tobacco wholesaling ins A2007-3 amdt 3.501
	def vending machine ins 1990 No 39 s 5
	sub 2000 No 53 amdt 1.6
	reloc from s 2 2002 No 30 amdt 3.904
	sub A2004-49 s 30; A2008-50 s 32
	def wholesale outlet ins 1999 No 57 s 4
	am 2000 No 53 amdt 1.77
	reloc from s 2 2002 No 30 amdt 3.904

	def wholesale tobacco merchant’s licence ins A2007-3 amdt 3.501
	def young person ins A2006-41 s 7
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.  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	
6 (RI)	Act 2002 No 11 ‡	1 October 2002	
7	A2002-30	1 October 2002	
8	A2004-15	9 April 2004	
9	A2004-49	17 August 2004	
10*	A2005-5	6 March 2005	
11	A2006-2	1 May 2006	
12	A2006-2	1 September 2006	
13	A2006-2	2 September 2006	
14	A2006-41	25 October 2006	
15	A2007-3	12 April 2007	
16	A2007-3	13 April 2008	
17	A2008-50	16 September 2008	
18	A2008-50	27 October 2008	
19	A2008-50	1 December 2008	
20	A2008-50	2 February 2009	
21	A2008-50	28 February 2009	
22	A2008-50	1 March 2009	
23	A2009-49	17 December 2009	
‡ includes retrospective amendment by Act 2002 No 30	
6	Renumbered provisions
This Act was renumbered under the Legislation (Republication) Act 1996 in R4 (see Act 2000 No 16 s 6 and Act 2000 No 53 s 11).  Details of renumbered provisions are shown in endnote 4 (Amendment history).  For a table showing the renumbered provisions, see R5 (RI).

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