Victorian Current Acts

TOBACCO ACT 1987

TABLE OF PROVISIONS

           Preamble

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3A.     Vending machines  
   3B.     Tobacco or e-cigarette advertisements  
   3C.     Bingo area  
   3F.     Outdoor dining area  
   4.      Application of Act  
   5.      Objects of Act  

   PART 2--CONTROLS RELATING TO TOBACCO PRODUCTS AND E-CIGARETTE PRODUCTS

           Division 1--No smoking areas

   5A.     Enclosed workplaces: offence by smoker  
   5B.     Enclosed workplaces: offence by occupier  
   5C.     Outdoor drinking areas: offence by smoker  
   5D.     Outdoor drinking areas: offence by occupier  
   5E.     Outdoor drinking areas: no smoking signs  
   5EA.    Outdoor dining areas: offence by smoker  
   5EB.    Outdoor dining areas: offence by occupier  
   5EC.    Outdoor dining areas: no smoking signs  
   5F.     Enclosed restaurants and cafes: no smoking signs  
   5G.     Retail shopping centres: no smoking signs  
   5H.     Bingo areas and centres: no smoking signs  
   5K.     Casinos: no smoking signs  
   5N.     Approved venues: no smoking signs  
   5R.     Licensed premises: no smoking signs  
   5RA.    No smoking at patrolled beaches  
   5RB.    No smoking in outdoor area of education and care service premises or children's service premises or their vicinity  
   5RBA.   Vicinity of education and care service premises or children's service premises: no smoking signs  
   5RC.    No smoking in outdoor area of public swimming pool complex  
   5RD.    No smoking in outdoor area of school premises or vicinity of school premises  
   5RDA.   Vicinity of school premises: no smoking signs  
   5RE.    No smoking at or in vicinity of outdoor children's playground equipment  
   5RF.    No smoking in vicinity of children's indoor play centre  
   5RFA.   Vicinity of children's indoor play centre: no smoking signs  
   5RG.    No smoking at or in vicinity of outdoor skate park  
   5RH.    No smoking in vicinity of Victorian public premises  
   5RHA.   Vicinity of Victorian public premises—no smoking signs  
   5RI.    No smoking at or in vicinity of outdoor sporting venue  
   5RJ.    No offence by minors at or in vicinity of certain places where smoking is prohibited  

           Division 1A--Smoking in motor vehicles

   5S.     Offence to smoke in motor vehicle if person under 18 is present  
   5T.     Power to require driver to stop  
   5U.     Evidential burden regarding age  

           Division 2--Advertising and other controls

   6.      Certain advertising prohibited  
   6A.     Point of sale advertisements—tobacco products  
   6B.     Point of sale advertisements—e-cigarette products  
   7.      Competitions, rewards and shopper loyalty schemes  
   8.      Free samples  
   9.      Prohibition of certain sponsorships  
   11A.    Offence to possess certain tobacco products  
   12.     Supplying tobacco products or e‑cigarette products to person under 18 years  
   13.     Vending machines  
   13A.    Mobile selling of tobacco products and e-cigarette products  
   14.     Packages of cigarettes  
   15.     Smokeless tobacco  
   15C.    Retail outlets: signage  
   15D.    Prohibition of retailing at premises where offences have been committed  

           Division 3--Underage music/dance events

   15E.    What is an underage music/dance event?  
   15F.    No smoking at underage music/dance events  
   15G.    Offence by occupier  
   15H.    No smoking signs  
   15I.    Covering vending machines, tobacco or e-cigarette advertisements etc.  
   15J.    Prohibition on supplying tobacco or e‑cigarettes at underage music/dance events  
   15K.    No offence by minors  

           Division 4--Sales of tobacco products or e-cigarette products from temporary outlets

   15L.    Offence to sell tobacco products or e-cigarette products from temporary outlet  
   15M.    Offence for tobacco company to sell tobacco products or for e-cigarette company to sell e‑cigarette products from temporary outlet  

           Division 5--Prohibited products

   15N.    Ban orders  
   15O.    Secretary may recommend ban order  
   15P.    Operation of ban order  
   15Q.    Amendment or revocation of ban order  
   15R.    Notice of order  
   15S.    Offence to breach a ban order  

   PART 2A--SPECIALIST TOBACCONISTS AND SPECIALIST E-CIGARETTE RETAILING PREMISES

   15SA.   Cessation of new certification as specialist tobacconist  
   15T.    Application for certification as specialist tobacconist or specialist e‑cigarette retailing premises  
   15U.    Determination of application  
   15V.    Certification holder to notify Secretary of commencement of tobacco retailing business  
   15W.    Duration of certification  
   15X.    Cancellation of certification  
   15Y.    Notice of determination or cancellation  
   15Z.    Replacement certificates  
   15ZA.   Offence to provide false or misleading information to Secretary  
   15ZB.   Specialist tobacconist must display certificate  

   PART 3--VICTORIAN HEALTH PROMOTION FOUNDATION

   16.     Victorian Health Promotion Foundation  
   17.     Objectives of Foundation  
   18.     Functions of Foundation  
   19.     Powers of Foundation  
   20.     Foundation to be responsible to Minister  
   21.     Membership of Foundation  
   22.     Term of appointment  
   23.     Remuneration and allowances  
   24.     Removal from office  
   25.     Resignation  
   26.     Disclosure of interests etc.  
   27.     Validity of acts and decisions  
   28.     Meetings of Foundation  
   29.     Patrons  
   30.     Advisory committees  
   31.     Chief executive officer and staff  
   32.     Victorian Health Promotion Fund  
   33.     Budget  

   PART 3A--INSPECTORS AND POWERS OF INSPECTORS

   36.     Appointment of persons as inspectors  
   36AA.   Inspectors appointed under section 36  
   36A.    Inspector's identity card  
   36B.    Production of identity card  
   36C.    Power to require names and addresses  
   36D.    Entry or search with consent for investigation of suspected offences  
   36E.    Entry of premises open to the public  
   36EA.   Power to enter, inspect, monitor compliance and investigate  
   36F.    Search warrants  
   36G.    Announcement before entry  
   36H.    Details of warrant to be given to occupier  
   36I.    Seizure of things not mentioned in the warrant  
   36J.    Copies of seized documents  
   36K.    Retention and return of seized documents or things  
   36L.    Magistrates' Court may extend 3 month period  
   36M.    Requirement to assist inspector during entry  
   36N.    Refusal or failure to comply with requirement  
   36O.    Protection against self-incrimination  
   36P.    Offence to give false or misleading information  
   36Q.    Offence to hinder or obstruct inspector  
   36QA.   Offence to intimidate, threaten or assault inspector  
   36R.    Offence to impersonate inspector  
   36S.    Service of documents  
   36T.    Confidentiality  

   PART 4--MISCELLANEOUS

   37.     Removal of advertisements  
   38.     Infringement notices  
   39.     Proceedings  
   40.     Application of penalties  
   41.     Offences by a body corporate  
   41AA.   Conduct by officers, employees or agents  
   41A.    No double jeopardy  
   42.     Civil proceedings  
   42A.    Power to require names of persons supplied with tobacco  
   42B.    Supreme Court—limitation of jurisdiction  
   43.     Regulations  

   PART 5--TRANSITIONAL

   44.     Proceedings under section 6(2)  
   45.     Section 15D  
   46.     Section 3: definition of occupier  
   47.     Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences  
           SCHEDULE
           ENDNOTES