S. 3 def. of driver licence inserted by No. 43/2000 s. 4(1), repealed by No. 45/2005 s. 3(b). * * * * * S. 3 def. of enclosed inserted by No. 43/2000 s. 4(1), amended by No. 31/2002 s. 4(2)(a)(b), substituted by No. 45/2005 s. 3(c). enclosed means an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are— (a) permanent or temporary; (b) open or closed; S. 3 def. of evidence of age document inserted by No. 43/2000 s. 4(1), substituted by No. 45/2005 s. 3(d). evidence of age document means a document that— (a) is— s. 3 (i) a Victorian proof of age card or an interstate proof of age card; or (ii) a Victorian driver licence or an interstate driver licence; or (iii) an Australian or foreign passport; or (iv) an approved issuer document; and (b) contains a photograph of the bearer; and (c) indicates, by reference to a date of birth or otherwise, that the bearer is of or over a particular age; S. 3 def. of exercise yard inserted by No. 45/2005 s. 3(a). exercise yard means an area in a prison (within the meaning of the Corrections Act 1986) that is provided for the purpose of allowing prisoners to have access to the open air;
S. 6A inserted by No. 43/2000 s. 9 (as amended by No. 28/2001 s. 20(1)–(5)). 6A Point of sale advertisements S. 6A(1) amended by No. 49/2009 s. 5(1). (1) A tobacco advertisement at one point of sale at a specialist tobacconist or an on-airport duty free shop or at any point of sale at a wholesale outlet may advertise a product line of a tobacco product in one only of the following ways— (a) by the display of a single immediate package of the product line in the form in which the package is available for sale at that point of sale (including the display of an immediate package if only cartons are available for sale); (b) by means of a stack dispenser for immediate packages of the product line in the form in which the packages are available for sale at that point of sale if— (i) in the case of an angled stack, the most that is displayed is— s. 6A (A) any part of the single package at the front of the stack; and (B) any part (other than the face) of the other packages in the stack; and S. 6A(1)(b)(i)(C) amended by No. 49/2009 s. 21(1). (C) those parts of the faces of the other packages that bear the warning message required by the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth; and
(c) in the case of cartons of different sizes, the most that is visible is— (i) one carton of one size; and (ii) any end or the top (or both) of one other carton of that size; and (iii) the smallest side (or one of the smallest sides) of one carton of any other size. (6) A display of a product line at a point of sale at a wholesale outlet— (a) may include the display of one or more cartons of the product line, but only with the smallest (or one of the smallest) sides of the carton (or cartons) facing the customer service area; and (b) must otherwise comply with this section. S. 6A(7) amended by No. 49/2009 s. 5(5). (7) The area of display of tobacco products that constitute a tobacco advertisement referred to in subsection (1) at a specialist tobacconist or an duty free shop must not exceed the prescribed area. 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—
(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—
of the Schedule for that infringement offence. S. 38(1A) inserted by No. 45/2005 s. 19(1), repealed by No. 32/2006 s. 94(Sch. item 47(1)), new s. 38(1A) inserted by No. 49/2009 s. 45(2). (1A) A police member may serve an infringement notice on a person if the police member has reason to believe that the person has committed an offence against section 5S. s. 38 S. 38(1B) inserted by No. 49/2009 s. 45(2). (1B) The infringement penalty for an offence against section 5S is 2 penalty units. S. 38(2) amended by No. 43/2000 s. 16(2)(a), substituted by Nos 45/2005 s. 19(1), 32/2006 s. 94(Sch. item 47(2)), amended by No. 49/2009 s. 45(3). (2) An offence referred to in subsection (1) or (1A) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 38(3) substituted by No. 32/2006 s. 94(Sch. item 47(3)), amended by No. 49/2009 s. 45(4). (3) For the purposes of subsections (1) and (1A), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional prescribed details. S. 38(4) amended by Nos 43/2000 s. 16(2)(a), 45/2005 s. 19(2)(a)(i), repealed by No. 32/2006 s. 94(Sch. item 47(4)). * * * * *
Item Infringement offence Infringement penalty (natural person) Infringement penalty (body corporate) 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 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 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 Sch. Column A Column B