Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SCHEDULE

SCHEDULE Dictionary


"acceptable evidence of age" see section 6 .

"acknowledgement certification requirement" see section 44D (5) .

"acknowledgement production requirement" see section 44D (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.

"advertise" includes cause, permit or authorise to be advertised.

"authorised person" means a person appointed, or holding office, under section 28 as an authorised person.

"bar" , for part 2 , division 2 , see section 14 .

"bar area" , for part 2 , division 2 , see section 14 .

"bong" see section 26ZQ .

"business premises" means—
(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.

"carton" means a package containing, or designed to contain, immediate packages of a smoking product.

"casino" has the meaning given by the Casino Control Act 1982 , schedule .

"chief executive officer" means the chief executive officer of a local government.

"child" means an individual who is under 18.

"cigar" includes tobacco leaf rolled into a cylinder with a conical end for smoking.

"cigarette" means a roll of cut tobacco for smoking enclosed in paper, bark, leaf or something else, whether or not the tobacco is mixed with another substance, but does not include a cigar.

"coin operated vending machine" means a machine or device operated by money, token, debit card or credit card.

"common area" ...

"community titles scheme" has the meaning given by the Body Corporate and Community Management Act 1997 , section 10 .

"consent acknowledgement" see section 34 .

"consumption" , of a smoking product, includes smoking, inhaling or chewing the smoking product.

"conviction" means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

"dangerous drug" see the Drugs Misuse Act 1986 , section 4 .

"designated outdoor smoking area" see section 26ZA .

"dining area" ...

"display" includes cause, permit or authorise to be displayed.

"driver licence" includes a licence, permit or other authority issued under a law of the State or another State that authorises a person to drive or ride a motor vehicle on public roads.

"duty free shop" ...

"employee" , for part 2 , division 2 , see section 14 .

"enclosed" means—
(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.

"engage in conduct" ...

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

"exempt vehicle" ...

"face" , for an immediate package, means the surface (or if 2 surfaces have the same area, either of the surfaces) of the package whose area is greater than the area of each of its other surfaces.

"food service" means a business, or an enterprise of a commercial, charitable or community nature, that sells food or drink.

"gaming machine" has the meaning given by the Gaming Machine Act 1991 , schedule 2 .

"gaming machine area" , for part 2 , division 2 , see section 14 .

"gaming table area" ...

"health facility land" ...

"health service" ...

"health service authorised person" see section 28 (4) .

"health service chief executive" see the Hospital and Health Boards Act 2011 , schedule 2 .

"health service employee" see the Hospital and Health Boards Act 2011 , schedule 2

"herbal cigarette" means a preparation for smoking that—
(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.

"hookah" means a fully assembled device—
(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—
graphic

"humidified container" ...

"humidified room" , for part 2A , see section 25 .

"ice pipe" see section 26ZPF .

"immediate package" , for a smoking product, means a package containing the product but does not include a package containing a further package or packages of the product.

"inhale" , for an individual, means draw a vapour or gas into the individual’s lungs.

"licensed premises"
(a) for part 2B , see section 26Q ; or
(b) otherwise—see the Liquor Act 1992 , section 4 .

"licensed premises" ...

"licensee"
(a) for part 2B , see section 26Q ; or
(b) otherwise—see the Liquor Act 1992 , section 4 .

"licensee" ...

"liquor" , for part 2 , division 2 , see section 14 .

"loose smoking blend" means a preparation for smoking that does not contain tobacco and is made from a herb or other plant, or a blend of herbs or other plants, and is prepared for retail sale, but does not include a herbal cigarette.

"loose tobacco" means a tobacco product for smoking that is cut for retail sale, but does not include a cigarette or a cigar.
Example—
tobacco product commonly called ‘roll your own tobacco’ or ‘pipe tobacco’

"lot" see the Body Corporate and Community Management Act 1997 , schedule 6 .

"major event facility" , for part 2BB , division 3 , see section 26VK .

"major event organiser" , for part 2BB , division 3 , see section 26VK .

"major sports facility" , for part 2BB , division 2 , see section 26VG .

"meal" ...

"motor vehicle" means a motor vehicle within the meaning of the Transport Operations (Road Use Management) Act 1995 , schedule 4 other than the following—
(a) a trailer attached to the motor vehicle;
(b) an aircraft;
(c) a boat;
(d) a train.

"mouthpiece" , in relation to a flexible hose of a hookah, means a device or part of a device—
(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.

"multi-unit residential accommodation" ...

"non-State school" ...

"obstruct" includes hinder, resist and attempt to obstruct.

"occupier" , of a place or part of a place—
(a) for part 3 , division 2 , see section 32 ; or
(b) otherwise, means a person having the management or control, or otherwise being in charge, of the place or part.

"on-site food service" , in relation to a place, means a food service at, or adjacent to, the place.

"outdoor area" , of premises, means any area at the premises that is not enclosed.

"outdoor eating or drinking place" , for part 2C , division 1 , see section 26W .

"package" means—
(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.

"patrolled beach" see section 26ZH (2) .

"patrolled beach area" see section 26ZH (2) .

"personal vaporiser" see section 5A (1) and (2) .

"personal vaporiser related product" see section 5A (3) and (4) .

"person in charge" , of a tobacco product vending machine, means the licensee of licensed premises in which the vending machine is located.

"place" includes premises and vacant land.

"point of sale" means a place where there is a counter or similar fixture where smoking products are sold within a retail outlet, but does not include a tobacco product vending machine.

"premises" includes—
(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.

"premium gaming room" , for part 2B , see section 26Q .

"prepackaged loose smoking blend" ...

"prepackaged loose tobacco" ...

"prescribed outdoor swimming area" see section 26ZI (2) .

"prevention measures"
(a) for part 2 , division 1 , see section 9 ; and
(b) for part 2 , division 2 , see section 14 .

"private health facility" ...

"product line" means a kind of smoking product distinguishable from other kinds by 1 or more of the following characteristics—
(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.

"prohibition sign" ...

"proof of age card" means a card mentioned in the Liquor Act 1992 , section 6 (1) (a) (i) or (ii) .

"public place" means a place that the public is entitled to use, is open to the public or is used by the public (whether or not on payment of money).

"publish" includes cause, permit or authorise to be published.

"quit smoking sign" ...

"relevant point of sale" , for part 2A , see section 25 .

"relevant provisions" , for part 2E , see section 26ZU (1) .

"representative" ...

"residential premises" means premises used, or intended to be used, as a place of residence or mainly as a place of residence.

"responsible adult" see section 5 .

"retail outlet" means premises where smoking products are available for sale by retail.

"road" see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .

"road-related area" , for part 2BA , see the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 13 .

"school land" ...

"sell" means sell by retail, wholesale or auction, and includes—
(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.

"Service" means a Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 .

"shop" includes—
(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.

"smoke" means—
(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.

"smokeless tobacco product" means tobacco, or something containing tobacco, prepared for consumption other than by being smoked.
Examples—
snuff, chewing tobacco

"smoking product"
(a) for parts 1 , 2 and 3 —means a tobacco product, herbal cigarette, loose smoking blend, personal vaporiser or personal vaporiser related product; or
(b) for part 2A —see section 25 ; 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.

"smoking related product" , for part 2A , see section 25 .

"state of mind" ...

"State school" ...

"supplier" means a person who, as part of a business activity, supplies smoking products to the public, but does not include a person who supplies smoking products to the public as an employee of another person.

"supply" includes—
(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.

"tobacconist" means a person who conducts a business selling smoking products by retail if—
(a) 80% or more of the average gross turnover of the business is derived from the sale of smoking products by retail; and
(b) the business is conducted separately from, not in conjunction with, and not within the premises of, any other business.

"tobacco product" means tobacco prepared for consumption or something containing tobacco for consumption, and includes a cigarette, cigar and loose tobacco but does not include a smokeless tobacco product.

"tobacco product package" means a package—
(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.

"tobacco product supplier" ...

"tobacco product vending machine" means a coin operated vending machine used, or intended for use, for selling tobacco products, whether or not it is also used, or intended for use, for selling other products.

"vehicle" includes an aircraft, boat and train.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback