Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998

- As at 21 July 2020 
- Act 1 of 1998 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Object of Act
   3A.     How object is to be achieved
   4.      Definitions
   5.      Who is a responsible adult
   5A.     Meaning of personal vaporiser and personal vaporiser related product
   6.      Acceptable evidence of age
   7.      Act binds all persons

   PART 2 - SUPPLY OF SMOKING PRODUCTS

           Division 1 - Suppliers and employees

   8.      Application of div 1
   9.      Meaning of prevention measures for div 1
   9A.     Supplier must take prevention measures
   10.     Supplier must not supply smoking products to children
   11.     Supplier must ensure employees do not supply smoking products to children
   12.     When employee of supplier liable
   13.     Order prohibiting or restricting sale of smoking products
   13A.    Power to require details of retail suppliers

           Division 1A - Particular restrictions on sales by suppliers

   13B.    Number of points of sale
   13C.    Supplier must not sell smoking products from temporary retail store

           Division 2 - Tobacco product vending machines

   14.     Definitions for div 2
   15.     Restriction on location of tobacco product vending machines
   15A.    Person in charge of tobacco product vending machine in bar area or gaming machine area must instruct employees
   16.     Supply of tobacco products from vending machines
   17.     Persons in charge of tobacco product vending machines may be prohibited from possessing tobacco product vending machines

           Division 3 - Supply of particular smoking products from coin operated vending machines

   18.     Prohibition on use of vending machine to supply personal vaporisers and related products, herbal cigarettes and loose smoking blends

           Division 3A - Supply of smoking products by adults to children

   18A.    Application of div 3A
   19.     Supply prohibited

           Division 3B - False representation of age

   19A.    Person must not falsely represent age

           Division 4 - (Repealed)

           Division 5 - Minimum saleable quantities of smoking products

   22.     Cigarettes and herbal cigarettes must be sold in packages
   23.     Loose tobacco must be sold in packages
   23A.    Loose smoking blend must be sold in packages

           Division 6 - Defence to charges for offences if age material

   24.     Defence to charge if age material

   PART 2A - ADVERTISING, DISPLAY AND PROMOTION OF SMOKING PRODUCTS

           Division 1AA - Definitions

   25.     Definitions for pt 2A

           Division 1 - Retail advertising and display

   26.     Application of div 1
   26A.    Prohibition on display, and restrictions on advertising, of smoking products
   26B.    Location of smoking products at retail outlet
   26C.    Smoking products must be kept out of sight of customers
   26CA.   (Repealed)
   26CB.   (Repealed)
   26D.    Smoking products must not constitute advertisement
   26E.    Display of retail prices of smoking products
   26F.    (Repealed)
   26G.    (Repealed)
   26H.    (Repealed)
   26HA.   Certain business names allowed
   26HB.   Use of ‘tobacconist’ in advertising
   26HC.   Display of signage at supplier’s relevant point of sale

           Division 2 - Tobacco product vending machines

   26I.    (Repealed)
   26IA.   Prohibition on display, and restrictions on advertising, of smoking products
   26IB.   (Repealed)
   26IC.   (Repealed)
   26ID.   Display of retail prices of tobacco product
   26IE.   Certain business names allowed
   26IF.   Person in charge of tobacco product vending machine must attach particular signs

           Division 3 - Promotions of smoking products

   26J.    Definitions for div 3
   26K.    When division does not apply
   26L.    Supply of object or entitlement that promotes smoking product etc.
   26M.    Supply of object or entitlement in association with smoking product sale or consumption
   26N.    Smoking product giveaways
   26O.    Competition that promotes smoking product
   26P.    Conduct of competition in association with smoking product sale or consumption
   26PA.   Image of consumption of smoking product

   PART 2B - SMOKE-FREE ENCLOSED PLACES

   26PB.   Application of pt 2B
   26Q.    Definitions for pt 2B
   26R.    Person must not smoke in enclosed place
   26RA.   (Repealed)
   26S.    No smoking sign
   26T.    (Repealed)
   26U.    Person smoking must stop when directed
   26V.    Offence by occupier

   PART 2BA - SMOKE-FREE MOTOR VEHICLES

   26VA.   (Repealed)
   26VB.   Person must not smoke in motor vehicle being used for business use if anyone else in the vehicle
   26VC.   Person must not smoke in motor vehicle if person under 16 in the vehicle
   26VD.   Defence for s 26VC
   26VE.   Evidentiary provisions

   PART 2BB - SMOKE-FREE FACILITIES

           Division 1 - Application of part

   26VF.   Application of part

           Division 2 - Major sports facilities

   26VG.   Meaning of major sports facility
   26VH.   Person must not smoke at major sports facility
   26VI.   Person smoking must stop when directed
   26VJ.   Offence by occupier

           Division 3 - Major event facilities

   26VK.   Definitions for division
   26VL.   Person must not smoke at major event facility
   26VM.   Person smoking must stop when directed
   26VN.   Offence by major event organiser

           Division 4 - Health facilities

   26VO.   Person must not smoke at or near health facility
   26VP.   Person smoking must stop when directed

           Division 5 - School facilities

   26VQ.   Person must not smoke at or near school facility
   26VR.   Person smoking must stop when directed

           Division 6 - Public swimming facilities

   26VS.   Person must not smoke at public swimming facility
   26VT.   Person smoking must stop when directed

           Division 7 - Early childhood education and care facilities

   26VU.   Person must not smoke at or near early childhood education and care facility
   26VV.   Person smoking must stop when directed

           Division 8 - Residential aged care facilities

   26VW.   Person must not smoke at or near residential aged care facility
   26VX.   Person smoking must stop when directed

   PART 2C - SMOKE-FREE OUTDOOR PLACES

           Division 1 - Outdoor eating or drinking places

   26W.    Meaning of outdoor eating or drinking place
   26X.    Person must not smoke at outdoor eating or drinking place
   26Y.    Person smoking must stop when directed
   26Z.    Offence by occupier
   26ZA.   Designating an outdoor smoking area
   26ZB.   Obligations of licensee of premises with designated outdoor smoking area
   26ZC.   Smoking management plans

           Division 2 - Government precincts

   26ZD.   Person must not smoke within government precinct
   26ZE.   Person smoking must stop when directed
   26ZF.   (Repealed)
   26ZG.   (Repealed)

           Division 2A - (Repealed)

           Division 3 - Other outdoor places

   26ZH.   Person must not smoke at a patrolled beach
   26ZI.   Person must not smoke at a prescribed outdoor swimming area
   26ZJ.   Person must not smoke near an entrance to an enclosed place
   26ZK.   Person must not smoke near children’s playground equipment
   26ZKA.  Person must not smoke at outdoor pedestrian mall
   26ZKB.  Person must not smoke at or near public transport waiting point
   26ZKC.  Person must not smoke at or near skate park
   26ZKD.  Person must not smoke at or near under-age sporting event
   26ZKE.  Person must not smoke at national park
   26ZL.   Person smoking must stop when directed
   26ZM.   (Repealed)
   26ZN.   (Repealed)
   26ZO.   (Repealed)
   26ZP.   (Repealed)

           Division 4 - Local government may prohibit smoking at other outdoor public places

   26ZPA.  Local government may make local laws prohibiting smoking at other outdoor public places
   26ZPB.  Consultation
   26ZPC.  State may require report from local government about local law
   26ZPD.  Fines payable for contravention of local law payable to local government
   26ZPE.  (Repealed)

   PART 2D - PROHIBITED PRODUCTS

   26ZPF.  Sale, supply and display of ice pipes
   26ZQ.   Sale, supply and display of bongs
   26ZQA.  Display of hookahs
   26ZR.   Supply of smokeless tobacco products
   26ZS.   Supply of objects resembling tobacco products
   26ZT.   Sale of confectionary-flavoured or fruit-flavoured cigarettes

   PART 2E - ADMINISTRATION OF PROVISIONS BY STATE AND LOCAL GOVERNMENTS

   26ZU.   State and local governments administer particular provisions
   26ZV.   Role of local government
   26ZW.   State may require report from local government
   26ZX.   Fines payable to local government

   PART 3 - MONITORING AND ENFORCEMENT

           Division 1 - Appointment of authorised persons and other matters

   27.     Powers generally
   28.     Appointment
   29.     Qualifications for appointment
   30.     Appointment conditions and limit on powers
   30A.    Issue of identity card
   30B.    Production or display of identity card
   30C.    When authorised person ceases to hold office
   30D.    Resignation
   30E.    Return of identity card
   31.     Protection from liability

           Division 2 - Powers of authorised persons

   31A.    Application of div 2
   32.     Meaning of occupier for div 2
   33.     Entry of places by authorised persons
   34.     Consent to entry
   35.     Evidence of consent
   36.     Warrants
   36A.    Special warrants
   36B.    Warrants—procedure before entry
   37.     General powers after entering places
   37A.    Failure to help authorised person
   37B.    Failure to give information

           Division 3 - Other enforcement powers of authorised persons

   37C.    Application of div 3
   38.     Power to require name and address
   39.     Power to require evidence of age, name and address of person observed being supplied a smoking product
   40.     Power to seize smoking product
   40A.    Power to direct person to stop smoking

           Division 4 - Seizure of evidence

   40AB.   Application of div 4
   40AC.   Restriction of seizure powers
   40B.    Seizing evidence at a place that may be entered without consent or a warrant
   41.     Seizing evidence at a place that may only be entered with consent or a warrant
   42.     Securing seized thing
   42A.    Tampering with seized thing
   42B.    Powers to support seizure
   42C.    Receipt for seized thing
   42D.    Forfeiture of seized things
   42E.    Forfeiture of smoking product seized under s 40
   43.     Forfeiture on conviction
   44.     Dealing with forfeited things etc.
   44A.    Return of seized things
   44B.    Access to seized things

           Division 5 - Other enforcement matters

   44BA.   Application of div 5
   44C.    Improvement notices
   44D.    Power to require production of written acknowledgement
   44E.    Failure to produce acknowledgement
   44F.    Failure to certify copy of acknowledgement
   44G.    Power to require information
   45.     False or misleading information
   46.     False, misleading or incomplete documents
   47.     Notice of damage
   48.     Compensation
   49.     Impersonation of authorised person
   50.     Obstructing authorised persons

   PART 4 - MISCELLANEOUS

   51.     Evidence that a thing is labelled as a particular product
   51A.    Responsibility for acts or omissions of representatives
   51B.    (Repealed)
   51C.    Act does not create or preserve right to smoke
   52.     (Repealed)
   53.     Regulation-making power

   PART 5 - TRANSITIONAL

   54.     Transitional—court order under s 13
   55.     (Repealed)
   56.     (Repealed)
           SCHEDULE - Dictionary