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Public Health (Tobacco and Other Products) Act 2023

No. 118, 2023

Compilation No. 2

Compilation date: 21 February 2025

                Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Public Health (Tobacco and Other Products) Act 2023 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Chapter 1—Preliminary
Part 1.1—Introduction
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
5 Application of this Act
6 Act binds the Crown
7 Operation of State and Territory laws
Part 1.2—Interpretation
Division 1—General definitions
8 Definitions
Division 2—Key concepts for this Act
9 Meaning of tobacco product
10 Meaning of tobacco product accessory
11 Meaning of e‑cigarette
12 Meaning of e‑cigarette accessory
Division 3—Other interpretation provisions
13 References to different kinds of tobacco products
14 References to manufacturers, importers, distributors and retailers
15 References to mark
16 References to an offer to sell or supply
17 Tobacco products—rebuttable presumption of offer for retail sale
Chapter 2—Advertising and sponsorship prohibitions
Part 2.1—Introduction
18 Simplified outline of this Chapter
Part 2.2—Prohibition of tobacco advertisements
Division 1—Offences and civil penalties
19 Prohibition on publishing tobacco advertisements
Division 2—Meaning of tobacco advertisement
20 Meaning of tobacco advertisement
Division 3—Tobacco advertisements—exceptions
21 Exception—labelling and packaging
22 Exception—standard