S. 3 def. of minor gaming permit inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(c)). minor gaming permit means a permit issued under Division 2 of Part 3 of Chapter 8 of the Gambling Regulation Act 2003; s. 3 S. 3 def. of motor vehicle inserted by No. 49/2009 s. 8(1). motor vehicle has the same meaning as in the Road Safety Act 1986; S. 3 def. of newspaper substituted by No. 56/1998 s. 5(2). newspaper means any paper or pamphlet in paper form containing any public news or comments on public news or any political matter printed for sale or distribution and published periodically at intervals not exceeding 26 days but does not include any document containing only matter wholly of a commercial nature; S. 3 def. of occupier inserted by No. 43/2000 s. 4(1), substituted by No. 49/2009 s. 8(2). occupier, in relation to an area or premises, means— (a) a person who appears to be of or over the age of 16 years and who is or appears to be in control of the area or premises, whether or not the person is present in the area or on the premises; or (b) a body corporate that is or appears to be in control of the area or premises; S. 3 def. of onairport duty free shop inserted by No. 28/2001 s. 3(1). on-airport duty free shop has the same meaning as in regulation 93 of the Customs Regulations 1926 of the Commonwealth;
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), substituted as police officer by No. 37/2014 s. 10(Sch. item 169.1). police officer has the same meaning as in the Victoria Police Act 2013; 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;
S. 6A(8) repealed by No. 49/2009 s. 5(6).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
(2) An offence against subsection (1) is an indictable offence. Pt 2 Div. 5 (Heading and ss 15N–15S) inserted by No. 49/2009 s. 38. Division 5—Prohibited products S. 15N inserted by No. 49/2009 s. 38. 15N Ban orders s. 15N (1) The Minister, by order published in the Government Gazette, may ban a product or a class of products if— (a) the Secretary recommends the making of the order to the Minister under section 15O; or (b) the product or the class of products has been prohibited or restricted by or under a law of the Commonwealth or another State or Territory on the ground that the product or the class of products meets one or more criteria that substantially correspond to the criteria set out in section 15O(2)(a). (2) A ban order must— (a) if the ban order is made on the recommendation of the Secretary, specify that fact and set out the grounds for the recommendation; or (b) if a ban order is made on the basis of a prohibition or restriction by the Commonwealth or another State or Territory, specify that fact and the law or subordinate instrument containing the prohibition or restriction. (3) A ban order may apply, adopt or incorporate, wholly or partially or as amended by the order, any matter contained in any document as existing—
S. 36P inserted by No. 43/2000 s. 15. 36P Offence to give false or misleading information A person must not— (a) give information to an inspector under this Part that the person knows to be false or misleading in any material particular; or (b) produce a document to an inspector under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information. 60 penalty units. S. 36Q inserted by No. 43/2000 s. 15. 36Q Offence to hinder or obstruct inspector s. 36P A person must not, without reasonable excuse, hinder or obstruct an inspector who is exercising a power under this Part. 60 penalty units. S. 36QA inserted by No. 66/2013 s. 10. 36QA Offence to intimidate, threaten or assault inspector A person must not, without reasonable excuse, intimidate, threaten or assault an inspector who is exercising a power under this Part. Penalty: 60 penalty units. S. 36R inserted by No. 43/2000 s. 15. 36R Offence to impersonate inspector A person who is not an inspector must not, in any way, hold himself or herself out to be an inspector. 60 penalty units. S. 36S inserted by No. 43/2000 s. 15. 36S Service of documents (1) A written requirement by an inspector under this Part may be given personally or by registered post to a person—
(Further Amendment) Act 2001, to alter or vary section 85 of the Constitution Act 1975. S. 42B(3) inserted by No. 31/2002 s. 13. (3) It is the intention of section 42, as it has effect on and after the commencement of sections 8 and 9 of the Tobacco (Miscellaneous Amendments) Act 2002, to alter or vary section 85 of the Constitution Act 1975. 43 Regulations (1) The Governor in Council may make regulations for or with respect to— s. 43 S. 43(1)(a) repealed by No. 66/2013 s. 12(1). * * * * * S. 43(1)(aa) inserted by No. 83/1993 s. 5, repealed by No. 66/2013 s. 12(1). * * * * * S. 43(1)(b) repealed by No. 66/2013 s. 12(1). * * * * * (c) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may apply, adopt or incorporate (with or without modification) any matter contained in an Act of the Commonwealth or in an
11I An offence against section 5RI(1) 1 penalty unit Not applicable 11J An offence against section 5RI(4) 1 penalty unit Not applicable 12 An offence against section 6(2AA) 3 penalty units 30 penalty units 13 An offence against section 6(2A) 3 penalty units 30 penalty units 14 An offence against section 6(2B) 3 penalty units 30 penalty units 15 An offence against section 12(1) 4 penalty units 60 penalty units 16 An offence against section 12(2) 2 penalty units 12 penalty units 17 An offence against section 12(3) 3 penalty units 30 penalty units 18 An offence against section 13(1) 3 penalty units 30 penalty units 19 An offence against section 13A(1) 4 penalty units Not applicable Column A Column B Item Infringement offence Infringement penalty (natural person) Infringement penalty (body corporate) 20 An offence against section 13A(2) 4 penalty units 60 penalty units 21 An offence against section 14 3 penalty units 60 penalty units 22 An offence against section 15C(1) 2 penalty units 5 penalty units 23 An offence against section 15C(3) 2 penalty units 5 penalty units 24 An offence against section 15F(1) 1 penalty unit Not applicable 25 An offence against section 15G(1) 2 penalty units Not applicable
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 169) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Tobacco Act 1987 ––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Explanatory Details Endnotes No entries at date of publication.