Australian Capital Territory Current Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1927

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   2A.     Notes  
   3.      Offences against Act—application of Criminal Code etc  
   3A.     Meaning of smoking product  
   3B.     Meaning of personal vaporiser and personal vaporiser related  
   4.      Meaning of price ticket  
   5.      Meaning of sell  
   6.      Meaning of smoking advertisement  
   7.      Publication of name of manufacturer etc  

   PART 2--POINTS OF SALE

   8.      Numbers of points of sale  
   9.      Location of smoking products  
   10.     Storage of smoking products at points of sale  
   11.     Other location and storage requirements by regulation  

   PART 3--SUPPLY OF SMOKING PRODUCTS

   14.     Supply of smoking product to under 18 year olds  
   15.     Purchase of smoking products for use by under 18 year olds  
   16.     Prohibition on sale of smoking products by vending machine  
   17.     Tobacco for non-smoking purposes  
   18.     Food and toys resembling or promoting smoking products  
   18A.    Declared smoking products  
   18B.    Prohibition on sale or import of declared smoking product  
   19.     Sale of cigarettes  
   20.     Display of smoking products  
   21.     Prohibited smoking products  
   22.     Prohibition on sale of prohibited smoking product  

   PART 4--ADVERTISING, PROMOTION AND SPONSORSHIP

   23.     Prohibited smoking advertising  
   24.     Removal of smoking advertisements  
   25.     Smoking product promotions  
   25A.    Prohibition of smoking product sales contributing to customer reward  
   26.     Smoking product giveaways  
   27.     Competitions that promote smoking products etc  
   28.     Prohibition of sponsorships  

   PART 6--ENFORCEMENT

   31.     Interpretation for pt 6  
   32.     Authorised officers  
   33.     Exercise of powers by authorised officers who are police officers  
   34.     Identity cards  
   35.     Powers of entry  
   36.     Consent to entry  
   37.     Powers of authorised officers  
   38.     Provision of information under s 37 (f)—claim of privilege  
   39.     Power to require name and address  
   40.     Search warrants  
   42.     Seized items  

   PART 6A--TOBACCO COMPLIANCE TESTING

   42A.    Definitions—pt 6A  
   42B.    What is a compliance test?  
   42C.    Approval of compliance testing programs  
   42D.    Approval of compliance testing procedures  
   42E.    Carrying out of compliance testing  
   42F.    Lawfulness of compliance testing  
   42G.    Indemnification of authorised officers and purchase assistants  

   PART 7--LICENCES

           Division 7.1--Interpretation

   43.     Definitions for pt 7  
   44.     Meaning of tobacco retailing  
   45.     Meaning of tobacco wholesaling  
   46.     Liability of employer for acts of employee  

           Division 7.2--Licences

   47.     Application for, and grant of, tobacco licence  
   48.     Conditions of tobacco licence  
   49.     Duration of tobacco licence  
   49A.    No vending machines authorised  
   50.     Refusal to grant or renew tobacco licence  
   51.     Renewal of tobacco licence  
   53.     Register of tobacco licences  
   54.     Surrender and termination of tobacco licence  

           Division 7.3--Occupational discipline—licensees

   55.     Meaning of licensee—div 7.3  
   56.     Grounds for occupational discipline  
   57.     Application to ACAT for occupational discipline  
   58.     Orders for occupational discipline  

           Division 7.4--Offences

   59.     Failure to return tobacco licence  
   60.     Disqualification  
   61.     Selling smoking products without, or in contravention of, tobacco  
   62.     Tobacco wholesaling—offences  
   63.     Tobacco retailing—offences  
   64.     Display of licence details  
   65.     Licensee stops carrying on business  
   66.     Endorsement on wholesale tobacco merchant's invoices  
   67.     Retail tobacconist must obtain smoking products from licensed  

           Division 7.5--Notification and review of decisions

   68.     Meaning of reviewable decision—div 7.5  
   69.     Reviewable decision notices  
   69A.    Applications for review  

           Division 7.6--Miscellaneous

   70.     Determination of fees  
   71.     Recovery of unpaid fees from unlicensed persons  

   PART 8--MISCELLANEOUS

   72.     Acts and omissions of representatives  
   73.     Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES