S. 3 def. of outdoor dining or drinking area inserted by No. 45/2005 s. 3(a). outdoor dining or drinking area means any of the following outdoor areas that is predominantly used for the consumption of food or drinks or both— (a) a balcony or verandah; (b) a courtyard; (c) a rooftop; (d) a marquee; (e) a street or footpath; (f) any similar outdoor area; S. 3 def. of package inserted by No. 43/2000 s. 4(1). s. 3 package does not include a transparent wrapping, unless the wrapping has a tobacco advertisement printed on it; S. 3 def. of point of sale inserted by No. 43/2000 s. 4(1). point of sale means a place where tobacco products are sold within a retail outlet or wholesale outlet, and includes a vending machine from which tobacco products are sold; S. 3 def. of police member inserted by No. 45/2005 s. 3(a). police member means a member of the force within the meaning of the Police Regulation Act 1958; S. 3 def. of premises inserted by No. 43/2000 s. 4(1). premises includes any part of premises and includes a vehicle or vessel and a permanent or temporary structure;
of premises in respect of which paragraph (a) or (b) applies; or (d) any part of those premises— (i) that is not used by the public, or a section of the public; or (ii) that is an enclosed restaurant or cafe; or (iii) in respect of which a general licence or a club licence within the meaning of the Liquor Control Reform Act 1998 is in force; or (iv) that is a bingo centre within the meaning of the Gambling Regulation Act 2003; or (v) that is a road or road related area within the meaning of the Road Safety Act 1986; S. 3 def. of road inserted by No. 66/2013 s. 4. road has the same meaning as in section 3(1) of the Road Safety Act 1986; S. 3 def. of roof inserted by No. 45/2005 s. 3(a). roof includes any structure or device (whether fixed or movable) that prevents or significantly impedes upward airflow, including a ceiling; S. 3 def. of room inserted by No. 31/2002 s. 4(1), repealed by No. 45/2005 s. 3(e). s. 3 * * * * *
(b) any business that consists of, or involves, management of a retail outlet where tobacco products are available for sale by means of a vending machine; S. 3 def. of tobacco wholesaling business inserted by No. 43/2000 s. 4(1). s. 3 tobacco wholesaling business means the business of selling tobacco for the purposes of resale, either alone or in conjunction with any other merchandise, and includes any such business carried on as part of, or in conjunction with, any other business; vending machine means a machine, device or contrivance that is constructed to contain tobacco products that may be obtained from it by an operation that involves the insertion in the machine, device or contrivance of a coin, token or similar object; S. 3 def. of Victorian driver licence inserted by No. 45/2005 s. 3(a). Victorian driver licence means a driver licence issued under the Road Safety Act 1986; S. 3 def. of Victorian proof of age card inserted by No. 45/2005 s. 3(a), amended by No. 58/2011 s. 104(Sch. item 6). Victorian proof of age card means a document issued by the Victorian Commission for Gambling and Liquor Regulation under section 176 of the Liquor Control Reform Act 1998; S. 3 def. of wall inserted by No. 45/2005 s. 3(a). wall includes any structure or device (whether fixed or movable) that prevents or significantly impedes lateral airflow, including a window or door;
(g) a personal sleeping or living area of— (i) premises providing accommodation to members of the public for a fee; or (ii) a residential care facility; (h) an area in an approved mental health service (within the meaning of the Mental Health Act 1986) that is declared, or that is in a class of area that is declared, by the Secretary, by notice published in the Government Gazette, to be a smoking area; (i) a personal sleeping or living area, or an exercise yard, of a prison within the meaning of the Corrections Act 1986; (j) a detention centre established for the purposes of the Migration Act 1958 of the Commonwealth. (3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention. (4) A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention. 5 penalty units. S. 5B inserted by No. 43/2000 s. 7(1), substituted by No. 45/2005 s. 5. 5B Enclosed workplaces: offence by occupier s. 5B S. 5B(1) amended by No. 49/2009 s. 10. (1) If smoking occurs in an enclosed workplace, in contravention of section 5A, the occupier of the enclosed workplace is guilty of an offence and liable to a penalty not exceeding 10 penalty units,
S. 6A(8) repealed by No. 49/2009 s. 5(6). * * * * * S. 7 (Heading) inserted by No. 86/2012 s. 3(1). 7 Competitions, rewards and shopper loyalty schemes s. 7 S. 7(1) amended by Nos 45/2005 s. 12(1), 49/2009 s. 22. (1) A person must not, in connection with the sale of a tobacco product or for the purpose of promoting the sale of a tobacco product— (a) supply to the purchaser or any other person— S. 7(1)(a)(i) substituted by No. 28/2001 s. 8(1)(a). (i) any non-tobacco product or other benefit (whether or not a separate charge is made for that product or benefit); or S. 7(1)(a)(ii) amended by No. 28/2001 s. 8(1)(b). (ii) a stamp, coupon, token, voucher, ticket or other thing by virtue of which the purchaser or any other person may become entitled to, or may qualify for any non-tobacco product or other benefit (whether the entitlement or qualification is absolute or conditional); or S. 7(1)(a)(iii) amended by No. 28/2001 s. 8(1)(c). (iii) any thing which, or a copy or facsimile of which, is a necessary prerequisite to participation in, or is likely to confer an advantage in, any game, contest or other activity in which a participant may become entitled to, or may qualify for, any non-tobacco product or other benefit (whether the entitlement or qualification is absolute or conditional); or s. 7
9 Prohibition of certain sponsorships S. 9(1) amended by Nos 45/2005 s. 14(1), 49/2009 s. 24(1). (1) A person must not, under a contract, agreement, undertaking or understanding, whether or not legally binding, with another person— (a) promote— (i) a tobacco product; or (ii) a trademark or brand name or part of a trademark or brand name of a tobacco product; or (b) promote the name or interests of a manufacturer or distributor of a tobacco product in association, whether directly or indirectly, with that tobacco product— in exchange for a sponsorship, gift, prize, scholarship or like benefit given or agreed to be given by another person. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 9(2) amended by Nos 45/2005 s. 14(1), 49/2009 s. 24(2). (2) A person must not, under a contract, agreement, undertaking or understanding, whether or not legally binding, with another person give or agree to give any sponsorship, gift, prize, scholarship or like benefit in exchange for the promotion of, or an agreement to promote, a tobacco product or a name, interest, trademark or brand name referred to in subsection (1). In the case of a natural person, 60 penalty units; s. 9 In the case of a body corporate, 300 penalty units.
S. 11A inserted by No. 43/2000 s. 11, amended by No. 49/2009 s. 26. 11A Offence to possess certain tobacco products s. 11A A person who carries on a tobacco retailing business or a tobacco wholesaling business must not, without reasonable excuse, have in the person's possession or under the person's control, any tobacco products that the person knows or ought reasonably to know— (a) are smuggled goods or prohibited imports within the meaning of the Customs Act 1901 of the Commonwealth; or (b) are excisable goods within the meaning of the Excise Act 1901 of the Commonwealth upon which excise duty has not been paid. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. 12 Supplying tobacco to person under 18 years S. 12(1) amended by Nos 83/1993 s. 4, 43/2000 s. 12(1)(a), 49/2009 s. 27(1). (1) A person must not sell a tobacco product to a person under the age of 18 years. In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. S. 12(2) amended by Nos 83/1993 s. 4, 45/2005 s. 15(1), 49/2009 s. 27(2). (2) A person must not purchase a tobacco product for the use of a person under the age of 18 years. In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units.
A certification holder who proposes to carry on a tobacco retailing business at premises certified as a specialist tobacconist must notify the Secretary within 7 days after the business commences at those premises. S. 15W inserted by No. 49/2009 s. 39. 15W Duration of certification (1) The certification of premises remains in force until— (a) the tobacco retailing business carried on at the premises ceases or moves to different premises; or (b) the tobacco retailing business carried on at the premises is no longer carried on by the applicant, whether solely or with any other person; or (c) the Secretary cancels the certification under section 15X(1) or (4). (2) If the certification of premises ceases to be in force by reason of subsection (1)(a) or (1)(b), the certification holder must notify the Secretary of that fact within 7 days after the certification ceases to be in force. S. 15X inserted by No. 49/2009 s. 39. 15X Cancellation of certification s. 15W (1) The Secretary may cancel a certification under section 15U for premises if— (a) the certification holder does not comply with a requirement of this Act or the regulations; or (b) the premises no longer satisfy the criteria set out in section 15U(2).
(c) other amounts by way of grant or loan or financial accommodation for payment in accordance with this Act to persons or bodies determined by the Foundation; and (d) the cost and expenses incurred by the Foundation under this Act; and (e) amounts determined by the Minister for payment to a body or bodies specified by the Minister for the purpose of medical research related to the prevention and treatment of illness; and (f) any other money authorised under this or any other Act to be paid out of the Fund. S. 32(5) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 11/2001 s. 3(Sch. item 76). (5) The Foundation may, with the approval of the Minister administering Part 7 of the Financial Management Act 1994, maintain an account or accounts with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth. (6) An amount paid to a body out of the Fund under subsection (4) (except paragraph (d)) must be presented or otherwise delivered to the body by the Chairperson or the chief executive officer or by a member of the Foundation (other than a member appointed under section 21(1)(f)) nominated by the Chairperson for that purpose and must be made only in the name of the Foundation. 33 Budget s. 33 (1) The Foundation must, before 1 June in each year, submit to the Minister for the Minister's approval a budget for the next financial year of money to be
premises an opportunity to allow entry to the premises. (2) An inspector need not comply with subsection (1) if he or she believes, on reasonable grounds, that immediate entry to the premises is required to ensure that the effective execution of the search warrant is not frustrated. S. 36H inserted by No. 43/2000 s. 15. 36H Details of warrant to be given to occupier (1) If the occupier is present at premises where a search warrant is being executed, the inspector must— (a) identify himself or herself to the occupier; and (b) give to the occupier a copy of the warrant. (2) If the occupier is not present at premises where a search warrant is being executed, the inspector must— (a) identify himself or herself to a person at the premises; and (b) give to the person a copy of the warrant. S. 36I inserted by No. 43/2000 s. 15. 36I Seizure of things not mentioned in the warrant A search warrant under section 36F authorises an inspector executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if— S. 36I(a) amended by No. 49/2009 s. 42. (a) the inspector believes, on reasonable grounds, that the thing is of a kind which could have been included in a search warrant issued under that section and will afford evidence about the contravention of this Act,
S. 46 repealed by No. 83/1993 s. 6, new s. 46 inserted by No. 49/2009 s. 50. 46 Section 3: definition of occupier (1) The definition of occupier inserted in section 3 by section 8(2) of the Tobacco Amendment (Protection of Children) Act 2009 applies to— (a) offences alleged to have been committed; and (b) the exercise of powers under Part 3A— on or after 1 January 2010. s. 46 (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates of which one is before and one is on or after 1 January 2010, the offence is alleged to have been committed before 1 January 2010. S. 47 inserted by No. 27/2011 s. 8. 47 Savings and validation provision—Tobacco Amendment (Protection of Children) Act infringement offences (1) Despite anything to the contrary in the Infringements Act 2006, on and from 1 January 2010, an offence against section 5S which is an infringement offence within the meaning of that Act— (a) is taken to be, and to always have been, a lodgeable infringement offence within the meaning of that Act as if it had been prescribed as a lodgeable infringement offence by regulations made under that Act; and (b) may be dealt with as a lodgeable infringement offence under that Act. (2) Any lodgement under Part 4 of the Infringements Act 2006 and any enforcement action taken under that Act in respect of an infringement offence referred to in subsection (1) is taken to be, and to always have been, a valid and lawful lodgement or enforcement action under that Act, as the case
Assent Date: 21.6.11 Commencement Date: S. 8 on 1.1.10: s. 2(4) : This information relates only to the provision/s amending the Tobacco Act 1987 Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011 Assent Date: 2.11.11 Commencement Date: S. 104(Sch. item 6) on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4 : This information relates only to the provision/s amending the Tobacco Act 1987 Endnotes Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012, No. 71/2012 Assent Date: 20.11.12 Commencement Date: Ss 3, 4 on 1.12.12: s. 2 : This information relates only to the provision/s amending the Tobacco Act 1987 Tobacco Amendment (Shopper Loyalty Schemes) Act 2012, No. 86/2012 Assent Date: 18.12.12 Commencement Date: S. 3 on 1.3.13: s. 2(2) : This information relates only to the provision/s amending the Tobacco Act 1987 Tobacco Amendment Act 2013, No. 66/2013 Assent Date: 6.11.13 Commencement Date: Ss 4–12 on 1.4.14: Special Gazette (No. 81) 18.3.14 p. 1 Current State: This information relates only to the provision/s amending the Tobacco Act 1987 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.