Tobacco Regulations 1997

Version No. 012

Tobacco Regulations 1997

S.R. No. 105/1997

Version incorporating amendments as at 1 May 2003

table of provisions

RegulationPage

1.Objective

2.Authorising provisions

3.Revocation

4.Definitions

4AA.Enclosed restaurants and cafes and dining areas: no smoking signs

4AB.Retail shopping centres: no smoking signs

4A.Point of sale notices about tobacco products

4B.Price tickets or labels

4C.Retail display area

5.Form of warning notice on vending machine

5AA, 5A. Repealed

5AB.Retail outlet warning and cessation of smoking signage

5AC.Retail outlet prohibition of sale of tobacco to minors sign

5B.Acknowledgment of consent

6.Form of tobacco infringement notice

7.Form of withdrawal of infringement notice

______

SCHEDULE

SCHEDULE 1—Regulations revoked

SCHEDULE 2—Form of notice to be displayed on vending machines

SCHEDULE 2AA—Prohibition of the sale of tobacco products to
minors sign

SCHEDULE 2A—Entry, search, seizure and taking

SCHEDULE 3—Tobacco infringement notice No.

SCHEDULE 4—Notice of withdrawal of tobacco infringement notice

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endNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 012

Tobacco Regulations 1997

S.R. No. 105/1997

Version incorporating amendments as at 1 May 2003

S.R. No. 105/1997

Tobacco Regulations 1997

Reg. 1 substituted by S.R. No. 55/2001 reg.5.

1.Objective

The objective of these Regulations is generally to prescribe matters required or permitted by the Tobacco Act 1987 to be prescribed or necessary to be prescribed to give effect to that Act.

2.Authorising provisions

These Regulations are made under sections 13, 38 and 43 of the Tobacco Act 1987.

3.Revocation

The Regulations listed in Schedule 1 are revoked.

4.Definitions

In these Regulations—

"the Act" means the Tobacco Act 1987.

Reg. 4AA insertedby S.R. No. 66/2002 reg. 5, substituted by S.R. No. 32/2003 reg.4.

4AA.Enclosed restaurants and cafes and dining areas: no smoking signs

For the purposes of section 5BA(2) of the Act—

(a)the prescribed requirements as to size and the information contained in the no smoking signs are that the signs—

(i)contain a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black, or other symbol that clearly indicates that smoking is not permitted, with the symbol being at least 70mm in height; and

(ii)contain the phrase "No Smoking" or "Smoking Prohibited", or other wording that clearly indicates that smoking is not permitted, in letters that are at least 20mm in height; and

(b)the prescribed manner for the display of the no smoking signs is that they are displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering an enclosed restaurant or cafe or a dining area or from within the enclosed restaurant or cafe or from within the dining area.

Reg. 4AB insertedby S.R. No. 66/2002 reg. 5.

4AB.Retail shopping centres: no smoking signs

r. 4AB

For the purposes of section 5E(2) of the Act, the prescribed requirements for the no smoking signs to be displayed in prominent positions at entrances to enclosed areas of a retail shopping centre are—

(a)that the signs contain—

(i)a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black; and

(ii)the phrase "No Smoking" or "Smoking Prohibited"; and

(iii)the phrases "Penalties Apply" and "Tobacco Act 1987"; and

(b)that the signs must be a minimum A4 in size (210 millimetres in width and 297millimetres in height); and

(c)that all lettering on the sign is printed in black.

Reg. 4A inserted by S.R. No. 55/2001 reg.6.

4A.Point of sale notices about tobacco products

r. 4A

For the purposes of section 6(3)(ca) of the Act, the prescribed requirements as to—

(a)the size of a notice is that the notice is not larger than 15 metres by 15metres;

(b)the information to be contained in a notice is that the notice may contain any one or more of the following—

(i)the product lines usually available for sale;

(ii)the product flavours;

(iii)the pack numbers;

(iv)the product prices, including any discount price information;

(c)the manner in which the information in a notice is set out or displayed is that the information—

(i)contains only lettering or numbers with a width not greater than 15centimetres and a height not greater than 21centimetres; and

(ii)contains letters or numbers printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and

(iii)is not more distinctive than the information in price tickets or labels used within the premises; and

(iv)if price information, is printed or written on only one side of the notice; and

(v)if price information, is not highlighted by any artificial lighting greater than that used throughout the premises.

Reg. 4B inserted by S.R. No. 55/2001 reg.6.

4B.Price tickets or labels

r. 4B

(1)For the purposes of section 6(3)(cb) of the Act, the prescribed requirements as to—

(a)the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest immediate package of the tobacco product on display;

(b)the information to be contained in a price ticket or label is that the price ticket or label may contain the price, including any discount price information, of the product line and any one or more of the following—

(i)the name of the product line;

(ii)the strength of the product line;

(iii)the flavour and the number of items contained in the product line;

(iv)the average weekly sales of the product line;

(v)any identifying category information related to the product line;

(vi)a bar code or a similar identifying code of the product line;

(vii)the country of origin of the product line, including any symbol representing the country of origin;

(c)the manner in which the information in a price ticket or label is set out or displayed is that the information—

(i)has a letter or number width not greater than one centimetre and a letter or number height not greater than 21centimetres; and

(ii)is printed or written in black or white or in not more than 4colours, with no colour being fluorescent; and

(iii)is not more distinctive than price tickets or labels used in relation to other goods within the premises; and

r. 4B

(iv)is not set out or displayed in such a way that the information, taken together with the information in one or more other price tickets or labels, forms an image or has a visual effect; and

(v)is not highlighted by any artificial lighting greater than that used throughout the premises.

(2)For the purposes of section 6(3)(cc) of the Act, the prescribed requirements as to—

(a)the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest representation of an immediate package of the tobacco product on display;

(i)the name of the product line;

(ii)the strength of the product line;

(iii)the flavour and the number of items contained in the product line;

(iv)a bar code or a similar identifying code of the product line;

(v)the country of origin of the product line, including any symbol representing the country of origin;

(c)the manner in which the information in a price ticket or label is set out is that the information—

(i)has a letter or number width not greater than one centimetre and a letter or number height not greater than 21centimetres; and

(ii)is printed or written in black or white or in not more than 4colours, with no colour being fluorescent; and

(iii)is not set out or displayed in such a way that the information, taken together with the information in one or more other price tickets or labels, forms an image or has a visual effect.

Reg. 4C inserted by S.R. No. 55/2001 reg.6.

4C.Retail display area

r. 4C

For the purposes of section 6A(7) of the Act the prescribed area of display is 4 square metres.

5.Form of warning notice on vending machine

For the purposes of section 13(2) of the Act, the statement to be kept conspicuously displayed on the front of a vending machine is in the prescribed form if—

(a)it is printed in black and white in the form of Schedule 2; and

(b)it measures at least 165 centimetres in width and 11 centimetres in height; and

(c)the lettering is in the same proportion as the lettering in Schedule 2.

Reg. 5AA inserted by S.R. No. 55/2001 reg.7, revoked by S.R. No. 66/2002 reg.6.

*****

Reg. 5A inserted by S.R. No. 116/2000 reg.3, substitutedby S.R. No. 55/2001 reg.8, revoked by S.R. No. 66/2002 reg.6.

*****

Reg. 5AB inserted by S.R. No. 55/2001 reg.9.

5AB.Retail outlet warning and cessation of smoking signage

r. 5AB

(1)For the purposes of section 15C(1)(a) and (2) of the Act, the prescribed requirements for a health warning sign are that—

(a)the sign must be a minimum A3 in size (297millimetres by 420 millimetres or 420millimetres by 297 millimetres); and

(b)the sign must contain the statement "Smoking can kill you. Call the Quit line on 131 848" printed or written—

(i)in black on a white background; and

(ii)in the maximum proportionate lettering that can be accommodated within the confines of the size of the sign; and

(c)the sign must be displayed in a manner that ensures that it is clearly visible—

(i)at an entrance to the premises; or

(ii)at a point of sale on the premises.

(2)For the purposes of section 15C(1)(b) and (2) of the Act, the prescribed requirements for a sign relating to programs assisting in the cessation of smoking are that—

(a)the sign must be a minimum A3 in size (297millimetres by 420 millimetres or 420millimetres by 297 millimetres); and

(b)the sign must contain the statement "Want to Quit smoking? Call the Quit line on 131848" or "Need help to Quit smoking? Call the Quit line on 131848" printed or written—

(i)in black on a white background; and

(ii)in the maximum proportionate lettering that can be accommodated within the confines of the size of the sign; and

(c)the sign must be displayed in a manner that ensures that it is clearly visible—

(i)at an entrance to the premises; or

(ii)at a point of sale on the premises.

Reg. 5AC insertedby S.R. No. 55/2001 reg.10.

5AC.Retail outlet prohibition of sale of tobacco to minors sign

r. 5AC

(1)For the purposes of section 15C(3) of the Act, the prescribed sign relating to the prohibition of the sale of tobacco products to persons under the age of 18 years is the sign set out in Schedule 2AA.

(2)The prescribed sign must be—

(a)printed with a blue background and white lettering; and

(b)a minimum A4 in size (210 millimetres in width and 297 millimetres in height); and

(c)displayed in a manner that ensures that it is clearly visible—

(i)at an entrance to the premises; or

(ii)at a point of sale on the premises.

(3)Nothing in this regulation prohibits the use of a sign, in addition to the prescribed sign, that conveys by way of graphics, pictures, symbols or text a message about the prohibition of the sale of tobacco products to persons under the age of 18years.

Reg. 5B inserted by S.R. No. 116/2000 reg.3.

5B.Acknowledgment of consent

r. 5B

For the purposes of section 36D(3) of the Act, the prescribed acknowledgment of consent by an occupier of premises to an entry and search of the premises and the seizure or taking of any thing during the search must be in the form of Schedule2A.

Reg. 6 amended by S.R. No. 11/1998 reg. 3 (ILA s. 39B(2)).

6.Form of tobacco infringement notice

(1)For the purposes of section 38(1) of the Act, an infringement notice must be in the form of Schedule 3.

Reg. 6(2) inserted by S.R. No. 11/1998 reg. 3.

(2)A summary of an infringement in the table in Schedule 3 is not to be taken to affect the nature or elements of the infringement to which the summary refers or of the offence to which the infringement relates or the operation of these Regulations.

7.Form of withdrawal of infringement notice

For the purposes of section 38(2) of the Act, a withdrawal of an infringement notice must be in the form of Schedule 4.

______

SCHEDULE

SCHEDULE 1

Sch. 1

Regulation 3

Regulations revoked

Tobacco Regulations 1987 / S.R. No. 321/1987
Tobacco (Amendment) Regulations 1988 / S.R. No. 107/1988
Tobacco (Vending Machines) Regulations 1988 / S.R. No. 174/1988
Tobacco (Amendment) Regulations 1994 / S.R. No. 20/1994

______

Sch. 2 amended by S.R. No. 55/2001 reg.11, substitutedby S.R. No. 66/2002 reg. 7.

SCHEDULE 2

Sch. 2

Regulation 5

Form of notice to be displayed on vending machines

______

Sch. 2AAinsertedby S.R. No. 55/2001 reg.12.

SCHEDULE 2AA

Sch. 2AA

Regulation 5AC

Prohibition of the sale of tobacco products to minors sign

______

Sch. 2A inserted by S.R. No. 116/2000 reg.4.

SCHEDULE 2A

Sch. 2A

Regulation 5B

Tobacco Act 1987

(Section 36D)

Entry, search, seizure and taking

ACKNOWLEDGMENT OF CONSENT

Name of inspector

Details of premises

Name of occupier

Address

Consent to entry and search

Purpose of entry and search:

Statement of occupier:

The inspector has informed me of the purpose of the search.
I have been informed that I may refuse consent to the entry and search of the premises.
I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings.
I consent to the entry and search of the premises.

Signature of occupier Date Time

Consent to seizure and taking

Items to be seized:

Statement of occupier:

I consent to the seizure and taking of any items listed.

Signature of occupier Date Time

______

Sch. 3 substituted by S.R. Nos 11/1998 reg. 4, 116/2000 reg.5, 55/2001 reg.13, amended by S.R. Nos 55/2001 reg.14(1)–(3), 66/2002 reg.8(a)(b)(c).

SCHEDULE 3

Sch. 3

Regulation 6

Tobacco Act 1987—section 38

Tobacco Regulations 1997

Tobacco infringement notice No.

Date of Notice

(insert date)

Notice to of

(insert name)(insert address)

Onata.m./p.m.

(insert date)(insert time)

(insert location)

an infringement against the Tobacco Act 1987 was committed as indicated by a cross (X)—

Summary of infringement / Section of Act /
Penalty
1. /  / Smoking by a person in an enclosed restaurant or cafe or in a dining area /
5A(1) /
$100
2. /  / Occupier is guilty of an offence if a person smokes in contravention of section 5A /
5B(1) /
$100
2A. /  / Occupier of an enclosed restaurant or cafe or dining area who fails, without reasonable excuse, to display no smoking signs in accordance with the regulations /
5BA(1) /
$100
3. /  / Smoking in an enclosed area of a retail shopping centre /
5C(1) /
$100
3A. /  / Occupier of an enclosed area of a retail shopping centre is guilty of an offence if a person smokes in that area incontravention of section 5C /
5D(1) /
$100
Summary of infringement / Section of Act /
Penalty
3B. /  / Owner of a retail shopping centre who fails to display no smoking signs in prominent positions at entrances to any enclosed area of the centre to reasonably identify that area as a no smoking area /
5E(1) /
$100
3C. /  / Smoking by a person in a bingo area or bingo centre /
5F(1) /
$100
3D. /  / Occupier of a bingo area or bingo centre is guilty of an offence if a person smokes in that area or centre in contravention of section 5F(1) /
5G(1) /
$100
3E. /  / Occupier of a bingo area or bingo centre who fails, without reasonable excuse, to display no smoking signs that comply with section 5H(2) in that area or centre /
5H(1) /
$100
3F. /  / Smoking by a person in an area of a casino, other than a declared smoking area /
5I(1) /
$100
3G. /  / Occupier of a casino is guilty of an offence if a person smokes in that casino in contravention of section 5I(1) /
5J(1) /
$100
3H. /  / Occupier of an area of a casino, other than a declared smoking area, who fails, without reasonable excuse, todisplay no smoking signs that comply with section 5K(2) in that area /
5K(1) /
$100
3I. /  / Smoking by a person—
in a gaming machine area in an approved venue
in a gaming room in an approved venue /
5L(1)
5L(2) /
$100
$100
3J. /  / Occupier of a gaming machine area or gaming room is guilty of an offence if a person smokes in that area or room in contravention of section 5L /
5M(1) /
$100

Sch. 3

Summary of infringement / Section of Act /
Penalty
3K. /  / Occupier of a gaming machine area or gaming room who fails, without reasonable excuse, to display no smoking signs that comply with section 5N(2) in that area or room /
5N(1) /
$100
3L. /  / Occupier of a licensed premises, where at any time there are two or more rooms in operation, who fails to designate one of those rooms as a non-smoking room /
5O(1) /
$100
3M. /  / Smoking by a person in a designated non-smoking room of licensed premises /
5P(1) /
$100
3N. /  / Occupier of a designated non-smoking room of licensed premises is guilty of an offence ifa person smokes inthat room in contravention of section 5P(1) /
5Q(1) /
$100
3O. /  / Occupier of a designated non-smoking room of licensed premises who fails, without reasonable excuse, to display no smoking signs that comply with section 5R(2) inthat room /
5R(1) /
$100

*****

4A. /  / Advertising a tobacco product at a retail or wholesale outlet not in accordance with section 6A /
6(2A) /
$100
4B. /  / Display of tobacco products at a retail or wholesale outlet other than at a point of sale /
6(2B) /
$100
5. /  / Selling a tobacco product to a person under the age of 18 years /
12(1) /
$200
6. /  / Purchasing a tobacco product for the use of a person under the age of 18years /
12(2) /
$100

Sch. 3

Summary of infringement / Section of Act /
Penalty
7. /  / Permitting a person under the age of 18years to obtain a tobacco product from a vending machine situated on premises occupied by the person on whom this notice is served /
12(3) /
$200
8. /  / Placing or causing or permitting to be placed a vending machine for operation by members of the public in any premises other than premises referred to in section 13(1)(a), (b) or (c) of the Act* /
13(1) /
$100
9. /  / Owner or lessee of a vending machine who fails to ensure that there is kept conspicuously displayed on the front of the vending machine a statement in the prescribed form /
13(2) /
$100
9A. /  / Person selling any tobacco product that is carried about on the seller's person /
13A /
$100
9B. /  / Person selling cigarettes other than in a packet containing at least 20cigarettes /
14 /
$100

*****

12. /  / Occupier of premises of a tobacco retailing business who fails to display in accordance with the regulations a health warning sign or a sign relating to cessation of smoking programs /
15C(1) /
$100
12A. /  / Occupier of premises of a tobacco retailing business who fails to display in accordance with the regulations a prescribed sign relating to the prohibition of the sale of tobacco products to minors /
15C(3) /
$100

Sch. 3

Summary of infringement / Section of Act /
Penalty
13. /  / A person who refuses or falsely responds to an inspector's request for the person's name or address /
36C(3) /
$100

* The premises referred to in section 13(1)(a), (b) and (c) of the Act are—

(a)licensed premises within the meaning of the Liquor Control Reform Act 1998; or

Sch. 3

(b)a bingo centre within the meaning of the Gaming No. 2 Act 1997 in respect of which—

(i)the age limit prescribed under that Act is at least 16; or

(ii)a condition of the relevant bingo centre operator licence prohibits entry to the centre by persons under the age of 16; or

(c)premises set aside by an employer as a staff amenity area for the use of persons over the age of 16 years.

Inspector

Note:

Proceedings will not be taken against you if—

(a)the penalty is paid—

(i)within 1 calendar month after this notice is served on you at (name and address of Council or Department); or

(ii)if the inspector allows, before a summons is served on you in respect of the infringement; or

(b)this notice is withdrawn by the inspector.

If you wish to have this matter dealt with by a court, you need to take no action on this notice.

______

Sch. 4 amended by S.R. Nos 11/1998 reg. 5, 116/2000 reg.6.

SCHEDULE 4

Sch. 4

Regulation 7

Tobacco Act 1987
Section 38(2)

Tobacco Regulations 1997

Notice of withdrawal of tobacco infringement notice

(insert name)

(insert address)

In accordance with section 38(2) of the Tobacco Act 1987, tobacco infringementnotice No. which was served on you

(insert number of notice)

on has been withdrawn.

(insert date of service)

Dated this

(Insert date)

Inspector

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endNOTES

Endnotes

1.General Information

The Tobacco Regulations 1997, S.R.No.105/1997 were made on 7 October 1997 by the Governor in Council under sections 13, 38 and 43 of the Tobacco Act 1987, No.81/1987 and came into operation on 7 October 1997.

The Tobacco Regulations 1997 will sunset 10 years after the day of making on 7 October 2007 (see section 5 of the Subordinate Legislation Act 1994).