(b) it has been resolved to discourage the use of tobacco in all its forms and to prohibit various types of promotion and advertising of tobacco products in order to reduce the incidence of tobacco-related illness and death. The Parliament of therefore enacts as follows: S. 1 amended by No. 49/2009 s. 7. 1 Purpose s. 1 The purpose of this Act is to prohibit certain sales or promotion of tobacco products and certain products, to create offences in relation to smoking and the possession of tobacco products and to establish the Victorian Health Promotion Foundation. 2 Commencement (1) Except as provided in this section, this Act comes into operation on the day on which it receives the Royal Assent. (2) Sections 6(1) and (3), 13 and 15 come into operation on 1 April 1988. (3) Section 14 comes into operation on 1 July 1988. (4) Section 6(2) comes into operation on 1 January 1989. 3 Definitions In this Act— S. 3 def. of acceptable no smoking sign inserted by No. 45/2005 s. 3(a). acceptable no smoking sign means a sign that contains— (a) a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black, or other symbol that clearly indicates that smoking is
S. 3 def. of bingo inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(b)). bingo has the same meaning as in the Gambling Regulation Act 2003; S. 3 def. of bingo area inserted by No. 31/2002 s. 4(1). bingo area has the meaning given by section 3C; S. 3 def. of bingo centre inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(b)). bingo centre has the same meaning as in the Gambling Regulation Act 2003; S. 3 def. of carton inserted by No. 43/2000 s. 4(1). carton means a package containing packages of a tobacco product, or a package designed to contain packages of a tobacco product, but does not include a package containing individually-wrapped cigars (unless the package contains a further package or packages of the cigars); s. 3 S. 3 def. of casino inserted by No. 31/2002 s. 4(1). casino has the same meaning as in the Casino Control Act 1991; Chairperson means Chairperson of the Foundation;
Foundation means the Victorian Health Promotion Foundation; S. 3 def. of gaming machine inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(a)). gaming machine has the same meaning as in the Gambling Regulation Act 2003; S. 3 def. of gaming machine area inserted by No. 31/2002 s. 4(1), amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 13.1(a)). gaming machine area has the same meaning as in the Gambling Regulation Act 2003; S. 3 def. of gaming room inserted by No. 31/2002 s. 4(1). gaming room means a room in an approved venue in which gaming machines available for gaming are installed; S. 3 def. of high roller room inserted by No. 31/2002 s. 4(1). high roller room means a room in a casino that is used substantially for gaming by international visitors to the casino; S. 3 def. of highway inserted by No. 49/2009 s. 8(1). highway has the same meaning as in the Road Safety Act 1986; S. 3 def. of immediate package inserted by No. 43/2000 s. 4(1). immediate package, in relation to a tobacco product, means a package containing the product— s. 3 (a) in the case of a tobacco product other than cigars, not including a package containing a further package or packages of the product; and
S. 3B inserted by No. 43/2000 s. 5, repealed by No. 31/2002 s. 5, new s. 3B inserted by No. 45/2005 s. 4. 3B Tobacco advertisements s. 3B (1) Subject to this section, for the purposes of this Act, a tobacco advertisement is any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote— (a) smoking; or (b) the purchase or use of a tobacco product or a range of tobacco products; or (c) the whole or a part of a trade mark that is registered under the Trade Marks Act 1955 of the Commonwealth in respect of goods that are or include tobacco products; or (d) the whole or a part of a design that is registered under the Designs Act 2003 of the Commonwealth in relation to products that are or include tobacco products; or (e) the whole or a part of the name of a person— (i) who is a manufacturer of tobacco products; and (ii) whose name appears on, or on the packaging of, some or all of those products; or (f) any other words (for example the whole or a part of a brand name) or designs, or combination of words and designs, that are closely associated with a tobacco product or a range of tobacco products (whether also closely associated with other kinds of products).
S. 6(3)(cb) inserted by No. 43/2000 s. 8(3) (as amended by No. 28/2001 s. 19(3)(a)–(c)), amended by No. 49/2009 s. 4(9). (cb) tickets or labels on, or adjacent to, immediate packages of tobacco products in a specialist tobacconist or an on-airport duty free shop if the tickets or labels display retail prices and comply with the prescribed requirements as to size, information contained in them and the manner in which the information is set out or displayed; or S. 6(3)(cc) inserted by No. 43/2000 s. 8(3) (as amended by No. 28/2001 s. 19(3)(a)–(c)), amended by No. 49/2009 s. 4(10). (cc) tickets or labels on or in vending machines that comply with the prescribed requirements as to size, information contained in them and the manner in which the information is set out or displayed; or S. 6(3)(d) amended by No. 28/2001 s. 7, repealed by No. 45/2005 s. 11(3), new s. 6(3)(d) inserted by No. 49/2009 s. 4(11). (d) one notice at a retail outlet or a wholesale outlet to the effect that tobacco products are available for sale at the outlet, being a notice that does not exceed the prescribed maximum size and complies with the prescribed requirements as to information contained in it and the manner in which the information is set out or displayed; or s. 6 (e) anything to which, by reason of section 10, this section does not apply; or (f) an invoice, statement, order, letterhead, business card, cheque, manual or other document ordinarily used in the course of business.
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.
New s. 36 inserted by No. 43/2000 s. 15. s. 36 36 Appointment of persons as inspectors The Secretary may, by instrument, appoint as an inspector— (a) a person nominated by the Chief Executive Officer of a council within the meaning of the Local Government Act 1989 and employed by, or providing services to, that council; S. 36(b) amended by No. 108/2004 s. 117(1) (Sch. 3 item 204.2). (b) an employee or member of a class of employees employed under Part 3 of the Public Administration Act 2004. S. 36A inserted by No. 43/2000 s. 15. 36A Inspector's identity card (1) The Secretary must issue an identity card to each inspector. (2) An identity card must contain a photograph of the inspector to whom it is issued. S. 36B inserted by No. 43/2000 s. 15. 36B Production of identity card (1) An inspector must produce his or her identity card for inspection— (a) before exercising a power under this Part other than a requirement made by post; and (b) at any time during the exercise of a power under this Part, if asked to do so. 10 penalty units. S. 36B(2) amended by No. 28/2001 s. 13. (2) This section does not apply to the exercise of a power under section 36E(1). S. 36C inserted by No. 43/2000 s. 15. 36C Power to require names and addresses s. 36C (1) An inspector may request a person to state his or her name and address if the inspector believes on reasonable grounds that the person has committed,
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 26 An offence against section 15H(1) 2 penalty units 5 penalty units 27 An offence against section 15I(1) 3 penalty units 30 penalty units 28 An offence against section 15J 3 penalty units 30 penalty units 29 An offence against section 15L(1) 3 penalty units 30 penalty units Sch. Column A Column B Item Infringement offence Infringement penalty (natural person) Infringement penalty (body corporate) 30 An offence against section 15L(2) 3 penalty units 30 penalty units 31 An offence against section 15S(1) 4 penalty units 60 penalty units 32 An offence against section 15ZB 1 penalty unit 5 penalty units 33 An offence against section 36C(3) 1 penalty unit Not applicable Sch. ENDNOTES Endnotes General Information