Victorian Current Acts Victorian Current ActsNo. 81 of 1987
Version incorporating amendments as at
1 July 2024
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Version No. 100
No. 81 of 1987
Version incorporating amendments as at
1 July 2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 7 October 1987
Legislative Council: 30 October 1987
Long title
The long title for the Bill for this Act was "A Bill to provide for the regulation of the sale and promotion of tobacco products and for other purposes.".
The Tobacco Act 1987 was assented to on 24 November 1987 and came into operation as follows:
Sections 6(1)(3), 13, 15 on 1 April 1988: section 2(2); section 6(2) on 1 January 1989: section 2(4); section 14 on 1 July 1988: section 2(3); rest of Act on 24 November 1987: section 2(1).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Tobacco Act 1987 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
|
Assent Date: |
14.6.89 |
|
Commencement Date: |
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
|
Current State: |
All of Act in operation |
Tobacco (Amendment) Act 1993, No. 83/1993
|
Assent Date: |
3.11.93 |
|
Commencement Date: |
|
|
Current State: |
All of Act in operation |
Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993
|
Assent Date: |
7.12.93 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
|
Assent Date: |
31.5.94 |
|
Commencement Date: |
S. 4(Sch. 2 item 90) on 1.1.95: Government Gazette 28.7.94 p. 2055 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Equal Opportunity Act 1995, No. 42/1995
|
Assent Date: |
14.6.95 |
|
Commencement Date: |
S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 41 on 1.1.96: Government Gazette 21.12.95 p. 3571 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Gaming No. 2 Act 1997, No. 16/1997
|
Assent Date: |
6.5.97 |
|
Commencement Date: |
S. 120 on 31.3.98: s. 2(4) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Business Franchise Fees (Safety Net) Act 1997, No. 94/1997
|
Assent Date: |
16.12.97 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
|
Assent Date: |
26.5.98 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Printers and Newspapers (Repeal) Act 1998, No. 56/1998
|
Assent Date: |
13.10.98 |
|
Commencement Date: |
S. 5(2) on 19.11.98: Government Gazette 19.11.98 p. 2792 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco (Amendment) Act 2000, No. 43/2000 (as amended by No. 28/2001)
|
Assent Date: |
6.6.00 |
|
Commencement Date: |
Ss 4–6, 7(2), 11, 12, 13(2), 14, 15, 16(1)(a)(c)(d)(2)(3), 17–22 on 1.11.00: s. 2(2); ss 7(1), 13(1)(3) on 1.7.01: s. 2(3); ss 8–10, 16(1)(b) on 1.1.02: s. 2(4) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
|
Assent Date: |
8.5.01 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco (Further Amendment) Act 2001, No. 28/2001
|
Assent Date: |
12.6.01 |
|
Commencement Date: |
S. 16 on 13.6.01: s. 2(1); s. 8 on 1.7.01: s. 2(2); ss 7, 9, 10, 12, 15, 17(2) on 1.10.01: s. 2(3); ss 3(2), 4–6, 11 on 1.11.01: s. 2(4); ss 3(1), 13, 14, 17(1) on 1.1.02: s. 2(5) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco (Miscellaneous Amendments) Act 2002, No. 31/2002
|
Assent Date: |
12.6.02 |
|
Commencement Date: |
Ss 4(3), 5, 12 on 13.6.02: s. 2(1); ss 4(1)(2), 6–11, 13, 14 on 1.9.02: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Gambling Regulation Act 2003, No. 114/2003
|
Assent Date: |
16.12.03 |
|
Commencement Date: |
S. 12.1.3(Sch. 6 item 13) on 1.7.04: Government Gazette 1.7.04 p. 1843 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Public Administration Act 2004, No. 108/2004
|
Assent Date: |
21.12.04 |
|
Commencement Date: |
S. 117(1)(Sch. 3 item 204) on 5.4.05: Government Gazette 31.3.05 p. 602 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco (Amendment) Act 2005, No. 45/2005
|
Assent Date: |
16.8.05 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
|
Assent Date: |
13.6.06 |
|
Commencement Date: |
S. 94(Sch. item 47) on 1.7.06: Government Gazette 29.6.06 p. 1315 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Owners Corporations Act 2006, No. 69/2006
|
Assent Date: |
19.9.06 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
|
Assent Date: |
10.10.06 |
|
Commencement Date: |
S. 26(Sch. item 101) on 11.10.06: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Public Health and Wellbeing Act 2008, No. 46/2008
|
Assent Date: |
2.9.08 |
|
Commencement Date: |
S. 291 on 1.1.10: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco Amendment (Protection of Children) Act 2009, No. 49/2009
|
Assent Date: |
18.8.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
|
Assent Date: |
24.11.09 |
|
Commencement Date: |
S. 97(Sch. item 120) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Health and Human Services Legislation Amendment Act 2010, No. 29/2010
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Assent Date: |
8.6.10 |
|
Commencement Date: |
S. 73 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010
|
Assent Date: |
24.8.10 |
|
Commencement Date: |
S. 232 on 1.7.12: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Justice Legislation Amendment (Infringement Offences) Act 2011, No. 27/2011
|
Assent Date: |
21.6.11 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011
|
Assent Date: |
2.11.11 |
|
Commencement Date: |
S. 104(Sch. item 6) on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4 |
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Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012, No. 71/2012
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Assent Date: |
20.11.12 |
|
Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco Amendment (Shopper Loyalty Schemes) Act 2012, No. 86/2012
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Assent Date: |
18.12.12 |
|
Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco Amendment Act 2013, No. 66/2013
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Assent Date: |
6.11.13 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Mental Health Act 2014, No. 26/2014
|
Assent Date: |
8.4.14 |
|
Commencement Date: |
S. 455(Sch. item 30) on 1.7.14: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
|
Assent Date: |
3.6.14 |
|
Commencement Date: |
S. 10(Sch. item 169) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Corrections Amendment (Smoke-Free Prisons) Act 2014, No. 45/2014
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Assent Date: |
1.7.14 |
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Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco Amendment Act 2014, No. 65/2014
|
Assent Date: |
9.9.14 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Tobacco Amendment Act 2016, No. 55/2016[1]
|
Assent Date: |
18.10.16 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Oaths and Affirmations Act 2018, No. 6/2018
|
Assent Date: |
27.2.18 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Health Legislation Amendment and Repeal Act 2019, No. 34/2019
|
Assent Date: |
22.10.19 |
|
Commencement Date: |
Ss 65−67 on 23.10.19: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Children's Services Amendment Act 2019, No. 37/2019
|
Assent Date: |
6.11.19 |
|
Commencement Date: |
S. 22 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Local Government Act 2020, No. 9/2020
|
Assent Date: |
24.3.20 |
|
Commencement Date: |
S. 390(Sch. 1 item 102) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)
|
Assent Date: |
21.9.21 |
|
Commencement Date: |
S. 399 on 1.7.24: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022
|
Assent Date: |
29.3.22 |
|
Commencement Date: |
Ss 57–60 on 30.3.22: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Casino and Liquor Legislation Amendment Act 2022, No. 26/2022
|
Assent Date: |
28.6.22 |
|
Commencement Date: |
S. 62 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Mental Health and Wellbeing Act 2022, No. 39/2022
|
Assent Date: |
6.9.22 |
|
Commencement Date: |
S. 873 on 1.9.23: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022, No. 42/2022
|
Assent Date: |
27.9.22 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Tobacco Act 1987 |
–––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Table of Amendments: The proposed amendment to section 36L(2)(a) by section 9(22)(b) of the Tobacco Amendment Act 2016, No. 55/2016 (repealed) is not included in this publication, as the amended text does not exist due to an earlier editorial amendment.