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Tobacco and Other Smoking Products Act 1998 – 1 September 2016

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Tobacco and Other Smoking Products Act 1998 – 1 September 2016

Tobacco and Other Smoking Products Regulation 2010 – 1 September 2016

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A supplier of smoking products must instruct employees: not to supply smoking products to children in any circumstances, even if the supply is for, or claimed to be for, an adult; and to sight acceptable evidence of age for a person before supplying a smoking product to the person, unless satisfied the person is an adult. Further, a warning is to be given to employees that a failure to follow instructions will result in an offence being committed. After the provision of instructions and the warning, a written acknowledgement is to be obtained from an employee. For the definition of ‘acceptable evidence of age’, refer to section 6 of the Act. For the definitions of ‘supplier’, ‘smoking product’, ‘supply’ and ‘child’, refer to the Schedule dictionary.

  • Sections 4, 6, 8, 9, 9A, 10, 11, 12, Schedule

A supplier must not sell smoking products at more than 1 point of sale at a retail outlet. For the definitions of ‘sell’ and ‘point of sale’, refer to the Schedule dictionary.

  • Sections 4, 13B, Schedule

In most instances, an occupier of premises must not have a tobacco product vending machine in the premises. If an exception provided in subsection 15(2) of the Act applies (and a vending machine is allowed), a person in charge of a tobacco product vending machine must instruct their employees to: take reasonable steps to ensure that a child does not obtain a tobacco product from the vending machine, even if the product is for, or claimed to be for, an adult; and sight acceptable evidence of age for a person before allowing the person to obtain a tobacco product from the vending machine, unless satisfied the person is an adult. After the provision of instructions, a written acknowledgement is to be obtained from an employee. For the definitions of ‘occupier’, ‘premises’, ‘tobacco product vending machine’ and ‘person in charge’, refer to the Schedule dictionary.

  • Sections 4, 6, 14, 15, 15A, 16, Schedule

A person in possession of a coin operated vending machine must not use the machine to supply personal vaporisers, herbal cigarettes or a loose smoking blend to another person. For the definition of ‘coin operated vending machine’, refer to the Schedule dictionary. For the definition of ‘personal vaporiser’, refer to section 5A of the Act.

  • Sections 4, 5A, 18, Schedule

An adult must not supply a smoking product to a child. Note: A responsible adult for a child does not commit an offence by supplying a smoking product to the child. A ‘responsible adult’ is defined in section 5 of the Act to mean an adult who: (a) is the child’s parent, step-parent or guardian; or (b) has parental rights and responsibilities for the child.

  • Sections 5, 18A, 19

A person must not falsely represent himself or herself to have attained 18 years for the purpose of being supplied with a smoking product.

  • Section 19A

Smoking products kept at a retail outlet must be kept in a way that they are not visible to customers.

  • Sections 25, 26C

A supplier must display, at the supplier’s relevant point of sale, a sign prescribed under a regulation as a mandatory sign. For details of the mandatory sign, refer to regulation 8 of the Tobacco and Other Smoking Products Regulation 2010.

  • Sections 25, 26HC; Regulations 8, 10, 18

A person in charge of a tobacco product vending machine must attach a sign prescribed under a regulation as a mandatory sign to, or near, the vending machine, as prescribed under a regulation. For details of the mandatory sign, refer to regulation 8 of the Tobacco and Other Smoking Products Regulation 2010.

  • Section 26IF; Regulations 8, 11, 18

A person must not conduct a competition that promotes: a smoking product or a trademark or brand name, or part of a trademark or brand name, of a smoking product, etc.

  • Sections 25, 26O, 26P

A supplier must not, at a retail outlet, display an image that promotes a person or thing consuming, using or being otherwise associated with, a smoking product.

  • Sections 4, 25, 26PA, Schedule

A person must not smoke in an enclosed place. ‘Smoking’ is defined in the Schedule dictionary to mean smoke, hold or otherwise have control over an ignited smoking product. This rule does not apply to residential premises. It does however apply to common areas of multi-unit residential accommodation. If a direction to stop smoking is given by an authorised person or occupier of an enclosed place, a failure to comply will impose an obligation on an on-site food (or drink) service provider to stop serving the person (for the duration of the contravention). For the definitions of ‘enclosed’ and ‘on-site food service’, refer to the Schedule dictionary.

  • Sections 4, 26R, 26U, 26V, Schedule

The licensee of the certain licensed premises must display a no smoking sign at the entrance. For details of the no smoking sign, refer to regulation 12 of the Tobacco and Other Smoking Products Regulation 2010. For the definition of ‘outdoor area’, refer to the Schedule dictionary.

  • Sections 4, 26S, Schedule; Regulations 12, 13

A person must not smoke in a motor vehicle if: (a) the vehicle is on a road or road-related area; and (b) the vehicle is being used for business use; and (c) another person is in the vehicle.

  • Sections 26VB, 26VE

A person must not smoke in a motor vehicle if: (a) the vehicle is on a road or road-related area; and (b) another person in the vehicle is under 16 years of age.

  • Sections 26VA, 26VC, 26VD, 26VE

A person must not smoke at a major sports facility. This rule does not apply to a road or carpark; or picnic area or area of parkland. For the definition of ‘major sports facility’, refer to section 26VF of the Act.

  • Sections 26VF, 26VH, 26VI

A person must not smoke at a major event facility. This rule does not apply if the person is in a nominated outdoor smoking place; and is not consuming food or drink. For the definition of ‘major event facility’, refer to section 26VK of the Act.

  • Sections 26VK, 26VL, 26VM; Regulation 15

A person must not smoke at a health facility. In addition, a person must not smoke within 5m outside the boundary of a health facility. For the definition of ‘health facility’, refer to subsection 26VO(4) of the Act.

  • Sections 26VO, 26VP

A person must not smoke at a school facility. In addition, a person must not smoke within 5m beyond the boundary of a school facility. For the definition of ‘school facility’, refer to subsection 26VQ of the Act.

  • Sections 26VQ, 26VR, 26VU, 26VV

A person must not smoke at a residential aged care facility. In addition, a person must not smoke on land within 5m beyond the boundary of a residential aged care facility. For the definition of ‘aged care facility’, refer to subsection 26VW(5) of the Act.

  • Sections 26VW, 26VX

A person must not smoke at an outdoor eating or drinking place. This rule does not apply to drinking in a designated outdoor smoking area (for the concept of ‘designated outdoor smoking area’, refer to sections 26ZA, 26ZB and 26ZC of the Act). If a direction to stop smoking is given by an authorised person or occupier of an outdoor eating or drinking place, a failure to comply will impose an obligation on an on-site food (or drink) service provider to stop serving the person (for the duration of the contravention). For the meaning of ‘outdoor eating or drinking place’, refer to section 26W of the Act.

  • Sections 26W, 26X, 26Y, 26Z, 26ZA, 26ZB, 26ZC

A person must not smoke within a government precinct. For the definition of ‘government precinct’, refer to subsection 26ZD(2) of the Act.

  • Sections 26ZD, 26ZE; Regulation 15

A person must not smoke in a patrolled beach area of a patrolled beach.

  • Sections 26ZH, 26ZL

A person must not smoke at a prescribed outdoor swimming area between sunrise and sunset. For a listing of prescribed outdoor swimming areas, refer to Schedule 1 of the Tobacco and Other Smoking Products Regulation 2010.

  • Sections 26ZI, 26ZL; Regulation 14, Schedule 1

A person must not smoke within 5m of any part of an entrance to an enclosed place, unless the person has a reasonable excuse. This rule does not apply to residential premises, multi-unit residential accommodation, commercial hotel, etc. This rule also doesn’t apply to a person in a motor vehicle. Note: It is a reasonable excuse that the person was not remaining at or near the entrance but was merely passing the entrance.

  • Sections 26ZJ, 26ZL

A person must not smoke within 10m of any part of children’s playground equipment situated at a place that is ordinarily open to the public. For the definition of ‘place’, refer to the Schedule dictionary.

  • Sections 4, 26ZK, 26ZL, Schedule

A person must not smoke at an outdoor pedestrian mall.

  • Section 26ZKA, 26ZL

A person must not smoke at a public transport waiting point.

  • Section 26ZKB, 26ZL

A person must not smoke at a national park, or part of a national park, prescribed by regulation.

  • Section 26ZKE, 26ZL

A person must not sell an ice pipe or a bong.

  • Sections 26ZPF, 26ZQ

A person must not display in a shop more than the number of hookahs prescribed under a regulation. The current number prescribed is 3. For the definitions of ‘shop’ and ‘hookah’, refer to the Schedule dictionary.

  • Sections 4, 26ZQA, Schedule; Regulation 16

A person must not, without lawful authority or excuse, supply a smokeless tobacco product to another person. For the definition of ‘smokeless tobacco product’, refer to the Schedule dictionary. Examples in the definition include: snuff, chewing tobacco.

  • Sections 4, 26ZR, Schedule

A person must not sell a cigarette that is confectionary-flavoured or fruit-flavoured.

  • Section 26ZT
Reason for law

To improve the health of members of the public by reducing their exposure to tobacco and other smoking products. (Section 3)

Relevant links

Tobacco Laws [Queensland Health]

Penalties, fines and enforcement > Reporting a possible breach

Cancer Council Queensland

Media article

It’s time to focus on an endgame for tobacco regulation

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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