Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SCHEDULE 1

SCHEDULE 1 – Dictionary

"acceptable evidence of age" see section 10 .

"acknowledgement certification requirement" see section 212 (5) .

"acknowledgement production requirement" see section 212 (6) .

"administering executive" means—

(a) for a person appointed under this Act as an authorised person by the chief executive—the chief executive; or

(b) for a person appointed under this Act as an authorised person by a chief executive officer—the chief executive officer; or

(c) for a person appointed under this Act as an authorised person by 2 or more chief executive officers—the chief executive officers; or

(d) for a person appointed under this Act as an authorised person by a health service chief executive—the health service chief executive; or

(e) for a conservation officer, as an authorised person under section 170(6) —the chief executive of the department administering the Nature Conservation Act 1992 ; or

(f) for a police officer, as an authorised person under section 170 (7) —the commissioner of the police service.

(a) designed to transport a person who is unable to walk or has difficulty in walking; and

(b) powered by a motor; and

(c) capable of being controlled by the person using it.

(a) means premises used, or intended to be used, for a commercial or industrial activity; and

(b) includes land on which premises mentioned in paragraph (a) may lawfully be built.

(a) for a place other than a vehicle or part of a vehicle—having a ceiling or roof and, except for doors and passageways, completely or substantially enclosed, whether permanently or temporarily; or

(b) for a place that is a vehicle, or part of a vehicle—having a ceiling or roof and, except for doors and exits, completely or substantially enclosed, whether permanently or temporarily.

(a) is made from a herb or other plant, or a blend of herbs or other plants, whether or not the herb, plant or blend is mixed with another substance; and

(b) is enclosed in paper, bark, leaf or something else; and

(c) does not contain tobacco.

(a) for smoking tobacco or another thing by the drawing of smoke, fumes or vapour, resulting from heating or burning the tobacco or other thing in the device, through water or another liquid in the device; and

(b) that has—

(i) 1 or more openings; and

(ii) 1 or more flexible hoses, each with a mouthpiece, through which the smoke or fumes are drawn.

Example of a hookah—

(a) licensed premises under the Liquor Act 1992 ; or

(b) a place with a permit under the Liquor Act 1992 ; or

(c) licensed premises under the Wine Industry Act 1994 ; or

(d) a place with a permit under the Wine Industry Act 1994 .

Example—

tobacco product commonly called ‘roll your own tobacco’ or ‘pipe tobacco’

(a) a trailer attached to the motor vehicle;

(b) an aircraft;

(c) a boat;

(d) a train.

(a) of a type usually attached to the end of the hose; and

(b) designed particularly for the purpose of being held in the human mouth for inhaling smoke or fumes drawn through the hose.

(a) for part 11 , division 2 , see section 180 ; or

(b) otherwise, means a person having the management or control, or otherwise being in charge, of the place or part.

(a) for cigarettes—a package containing cigarettes packed by the manufacturer, or importer, of the cigarettes; or

(b) for herbal cigarettes—a package containing herbal cigarettes packed by the manufacturer, or importer, of the herbal cigarettes; or

(c) for loose tobacco—a package containing loose tobacco packed by the manufacturer, or importer, of the loose tobacco; or

(d) for loose smoking blend—a package containing loose smoking blend packed by the manufacturer, or importer, of the loose smoking blend; or

(e) for cigarette papers—a package containing cigarette papers packed by the manufacturer, or importer, of the papers; or

(f) for cigars—a package containing cigars packed by the manufacturer, or importer, of the cigars.

(a) a building or other structure; and

(b) a part of a building or other structure; and

(c) land where a building or other structure is situated; and

(d) a vehicle.

(a) for part 3 , division 1 , see section 63 ; and

(b) for part 3 , division 3 , see section 74 .

(a) trademark;

(b) brand name;

(c) nicotine or tar content;

(d) flavour;

(e) the number of items in the immediate package in which it is sold.

(a) offer or agree to sell; and

(b) invite to treat or expose for sale; and

(c) attempt to sell; and

(d) cause or permit to be sold.

(a) any part of a building or place that is used for the sale, or supply as part of a business activity, of goods; and

(b) a stall or other structure used for the sale, or supply as part of a business activity, of goods at a market or elsewhere.

(a) for a smoking product other than a personal vaporiser or a hookah—smoke, hold or otherwise have control over an ignited smoking product; or

(b) for a personal vaporiser—inhale through the vaporiser; or

(c) for a hookah—inhale through the hookah.

Examples—

snuff, chewing tobacco

(a) for parts 1 , 3 and 11 —means a tobacco product, herbal cigarette, loose smoking blend, personal vaporiser or personal vaporiser related product; or

(b) for part 4 —see section 88 ; or

(c) otherwise—

(i) except for a hookah—means a tobacco product, herbal cigarette, loose smoking blend or personal vaporiser; or

(ii) for a hookah—means tobacco or another thing that may be smoked in the hookah.

(a) distribute, give or sell; and

(b) offer or agree to supply; and

(c) expose for supply; and

(d) attempt to supply; and

(e) cause or permit to be supplied.

(a) of a type commonly used for tobacco products; and

(b) depicting a symbol, design or words that show the package contains a tobacco product.