Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 15

15 Restriction on location of tobacco product vending machines

(1) An occupier of premises must not have a tobacco product vending machine in the premises.

Penalty—

Maximum penalty—70 penalty units.

(2) Subsection (1) does not apply to—

(a) a bar area of licensed premises if the use of each tobacco product vending machine in the area can be easily observed by persons working behind the bar; or

(b) a casino; or

(c) a gaming machine area, if each tobacco product vending machine in the area—

(i) can be easily observed by employees of the person in charge of the tobacco product vending machine; and

(ii) is not more than 1m from a gaming machine in the gaming machine area.

(3) Also, subsection (1) does not apply to a tobacco product vending machine while it is not being used by anyone to supply tobacco products.

Example—

Subsection (1) does not apply to a tobacco product vending machine while it is being stored, transported or repaired.

(4) In a prosecution for an offence against subsection (1) , proof that a tobacco product vending machine was capable of being used to supply tobacco products is evidence that the vending machine was being used to supply tobacco products at the relevant time.