Tobacco Products Control Amendment Act 2026
Tobacco Products Control Amendment Act 2026
Western Australia
Tobacco Products Control Amendment Act 2026
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Tobacco Products Control Act 2006 amended
3.Act amended3
4.Long title replaced3
5.Section 1 amended3
6.Section 3 replaced4
3.Purposes of Act4
7.Section 6 amended5
8.Section 7 amended5
9.Section 8 amended5
10.Section 9 amended6
11.Section 10 amended6
12.Section 11 amended7
13.Section 12 amended7
14.Section 13 amended7
15.Section 14 amended8
16.Section 15 amended8
17.Part 2 Division 2 heading amended8
18.Section 16 amended8
19.Section 17 amended9
20.Section 18 amended10
21.Section 18AA inserted11
18AA.Possession of tobacco products for sale11
22.Section 18A amended11
23.Section 19 replaced12
19.Tobacco products for sale must not contravene tobacco packaging requirements12
19A.Tobacco products for sale must not contravene tobacco product requirements12
24.Section 20 amended12
25.Sections 21 to 22 replaced13
22.No display of restricted products for sale13
26.Section 23 amended14
27.Section 24 amended15
28.Section 25 amended15
29.Section 26 amended16
30.Section 27 amended17
31.Section 28 amended17
32.Section 29 amended17
33.Section 30 amended18
34.Part 2 Division 3 inserted18
Division 3 — Sale, supply and possession of prohibited products
30A.Sale and supply of prohibited products18
30B.Possession of prohibited products19
35.Section 31 amended20
36.Section 32 amended21
37.Section 33 amended22
38.Section 33A amended22
39.Section 34 amended22
40.Section 35 amended23
41.Section 50 amended24
42.Section 51 amended24
43.Section 52 amended24
44.Section 53 amended24
45.Section 54 amended24
46.Section 55 amended25
47.Section 56 amended25
48.Section 57 amended25
49.Section 58 amended26
50.Section 73 inserted26
73.Delegation by Minister26
51.Section 78 amended28
52.Section 89 amended28
53.Section 90 amended28
54.Section 94 amended29
55.Section 95 amended29
56.Part 7 Division 1 heading amended30
57.Section 99 amended30
58.Section 100 amended30
59.Section 101 amended31
60.Section 103 amended31
61.Section 104 amended31
62.Section 105 deleted31
63.Section 106 amended32
64.Section 107A amended32
65.Section 107B amended32
66.Section 107C amended33
67.Section 107D amended33
68.Section 107F amended33
69.Section 107 replaced33
107.Obstructing and threatening officers33
70.Section 109 amended34
71.Part 7 Division 4 deleted35
72.Part 7 Division 6 inserted35
Division 6 — Closure orders
120A.Interim closure orders35
120B.Short‑term closure orders36
120C.Long‑term closure orders37
120D.Making closure orders38
120E.General provisions in relation to closure orders39
120F.Offences relating to closure orders40
120G.Exemptions to closure orders41
73.Section 123 amended42
74.Section 124 amended42
75.Sections 126 and 126A inserted43
126.Regulations may incorporate Australian legislation by reference43
126A.Regulations for the purposes of various definitions44
76.Glossary amended45
Part 3 — Misuse of Drugs Act 1981 amended
77.Misuse of Drugs Act 1981 amended56
78.Section 8O amended56
Tobacco Products Control Amendment Act 2026
An Act to amend the Tobacco Products Control Act 2006 and to make a consequential amendment to the Misuse of Drugs Act 1981.
[Assented to 17 March 2026]
The Parliament of Western Australia enacts as follows:
This is the Tobacco Products Control Amendment Act 2026.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation.
Part 2 — Tobacco Products Control Act 2006 amended
This Part amends the Tobacco Products Control Act 2006.
Delete the long title and insert:
An Act to —
·control and regulate the supply and possession of tobacco products, tobacco smoking implements and vaping products;
·prohibit the supply of tobacco products and tobacco smoking implements to young persons;
·control and regulate the promotion of tobacco products and vaping products, and of smoking generally;
·reduce the exposure of people to emissions from tobacco products and vaping products that are used by other people,
and for related purposes.
In section 1 after “Tobacco” insert:
and Other
Delete section 3 and insert:
The purposes of this Act are —
(a)to reduce the risks to public health associated with the use of tobacco products and vaping products —
(i)by controlling and regulating the supply and possession of tobacco products, tobacco smoking implements and vaping products; and
(ii)by prohibiting the supply of tobacco products and tobacco smoking implements to young persons; and
(iii)by controlling and regulating the promotion of tobacco products and vaping products, and of smoking generally; and
(iv)by reducing the exposure of people to emissions from tobacco products and vaping products that are used by other people;
and
(b)to establish a licensing scheme to regulate the lawful sale of tobacco products; and
(c)to provide for the investigation and prevention of contraventions of this Act, and for the enforcement of this Act.
(1)In section 6 after “product or” insert:
a tobacco
(2)In section 6 delete the Penalty and insert:
Penalty: tier 1 penalty.
(1)In section 7 after “product or” insert:
a tobacco
(2)In section 7 delete the Penalty and insert:
Penalty: tier 1 penalty.
(1)At the end of section 8(1) insert:
Penalty for this subsection: tier 2 penalty.
(2)At the end of section 8(2) insert:
Penalty for this subsection: tier 2 penalty.
(3)At the end of section 8 delete the Penalty.
(1)In section 9:
(a)after “product or” (1st occurrence) insert:
a tobacco
(b)after “product or” (2nd and last occurrences) insert:
tobacco
(2)In section 9 delete the Penalty and insert:
Penalty: tier 2 penalty.
(1)In section 10:
(a)after “product or” insert:
a tobacco
(b)in paragraph (a) delete “labelled in accordance with the regulations” and insert:
packaged and presented in accordance with the tobacco packaging requirements
(2)In section 10 delete the Penalty and insert:
Penalty: tier 2 penalty.
(1)In section 11 after “product or” (2nd occurrence) insert:
a tobacco
(2)In section 11 delete the Penalty and insert:
Penalty: tier 2 penalty.
In section 12:
(a)in paragraph (a) after “product or” insert:
a tobacco
(b)in paragraph (c) after “product or” (2nd occurrence) insert:
a tobacco
(c)after “product or” (last occurrence) insert:
tobacco
In section 13(1) in the definition of receiver paragraphs (a) and (b) after “product or” insert:
a tobacco
In section 14 after “product or” insert:
a tobacco
(1)In section 15(2) after “product or” insert:
a tobacco
(2)At the end of section 15(2) insert:
Penalty for this subsection: a fine of $1 000.
(3)At the end of section 15 delete the Penalty.
17.Part 2 Division 2 heading amended
In the heading to Part 2 Division 2 after “tobacco” insert:
and other
(1)In section 16(1):
(a)delete “must not sell” and insert:
who sells
(b)delete “sale” and insert:
sale,
(c)delete “licence.” and insert:
licence, commits a crime.
(2)In section 16(1) delete the Penalty and insert:
Penalty for this subsection: tier 4 penalty.
Summary conviction penalty for this subsection: tier 4 summary penalty.
(1)In section 17:
(a)delete “must not sell” and insert:
who sells
(b)delete “sale” and insert:
sale,
(c)delete “licence.” and insert:
licence, commits a crime.
(2)In section 17 delete the Penalty and insert:
Penalty: tier 4 penalty.
Summary conviction penalty: tier 4 summary penalty.
(1)In section 18:
(a)delete “must not sell” and insert:
who sells
(b)delete “sale” and insert:
sale,
(c)delete “licence.” and insert:
licence, commits a crime.
(2)In section 18 delete the Penalty and insert:
Penalty: tier 4 penalty.
Summary conviction penalty: tier 4 summary penalty.
After section 18 insert:
18AA.Possession of tobacco products for sale
(1)In this section —
prescribed quantity, in relation to a tobacco product, means a quantity prescribed by the regulations in relation to that kind of tobacco product for the purposes of this definition.
(2)A person who possesses a tobacco product for the purposes of sale, except under the authority of a licence, commits a crime.
Penalty for this subsection: tier 4 penalty.
Summary conviction penalty for this subsection: tier 4 summary penalty.
(3)In proceedings for an offence under subsection (2), it is to be presumed, unless the contrary is proved, that a person possesses a tobacco product for sale if the person possesses a prescribed quantity of the tobacco product.
In section 18A delete the Penalty and insert:
Penalty: tier 2 penalty.
Delete section 19 and insert:
19.Tobacco products for sale must not contravene tobacco packaging requirements
(1)The holder of a licence must not sell, or authorise or allow to be sold, a tobacco product if the tobacco product (including the package) contravenes a tobacco packaging requirement.
Penalty for this subsection: tier 2 penalty.
(2)Subsection (1) does not apply if —
(a)the sale is of multiple tobacco products that are cigars; and
(b)the sale is to the holder of a retailer’s licence or an indirect seller’s licence.
19A.Tobacco products for sale must not contravene tobacco product requirements
The holder of a licence must not sell, or authorise or allow to be sold, a tobacco product that contravenes a tobacco product requirement.
Penalty: tier 2 penalty.
In section 20(1) delete the Penalty and insert:
Penalty for this subsection: tier 2 penalty.
Delete sections 21 to 22 and insert:
22.No display of restricted products for sale
(1)A person must not display a restricted product for sale.
Penalty for this subsection: tier 3 penalty.
(2)Without limiting subsection (1), a person displays a restricted product for sale in each of the following circumstances —
(a)a restricted product is displayed in the premises specified in a retailer’s licence and the person is the holder of the licence;
(b)a restricted product is displayed in a premises used for a sale or supply business and the person —
(i)is employed or engaged in the sale or supply business and is present in the premises while the product is displayed; or
(ii)has charge or control of the premises, or of the sale or supply business for which the premises is used; or
(iii)holds, alone or with others, a leasehold interest in the premises; or
(iv)if no person holds a leasehold interest in the premises — is registered, alone or with others, as the proprietor of an estate in fee simple in the premises; or
(v)is in occupation or possession of the premises, alone or with others, whether or not by right.
(3)Subsection (1) does not apply in relation to the display for sale of a therapeutic vaping product if, were the person displaying the product for sale to sell or supply it, section 30A(3) would apply to the sale or supply.
(4)If a person mentioned in subsection (2)(a) or (b) is charged with an offence under subsection (1) in relation to the display of a restricted product that is not a prohibited product, it is a defence to prove that —
(a)the restricted product was displayed in the premises specified in a retailer’s licence; and
(b)the display was made to a specific customer at the customer’s request.
(5)It is a defence to a charge under subsection (1) to prove that the restricted product displayed for sale is, or is included in, an artistic work or an artefact of cultural or historical interest.
In section 23(1) in the definition of specialist retailer:
(a)delete “person” (1st occurrence) and insert:
holder of a retailer’s licence
(b)in paragraph (a) delete “the person” and insert:
the holder
(1)In section 24(1) before “smoking” insert:
tobacco
(2)At the end of section 24(1) insert:
Penalty for this subsection: tier 1 penalty.
(3)At the end of section 24(2) insert:
Penalty for this subsection: tier 1 penalty.
(4)At the end of section 24 delete the Penalty.
(1)In section 25(1):
(a)in paragraphs (a) and (b) before “smoking” insert:
a tobacco
(b)in paragraph (c) before “smoking” insert:
tobacco
(2)In section 25(1) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
(3)In section 25(2) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
(4)In section 25(3) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
(5)In section 25(4)(a), (b) and (c)(i) before “smoking” insert:
a tobacco
(6)In section 25(4) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
(1)At the end of section 26(2) insert:
Penalty for this subsection: tier 1 penalty.
(2)In section 26(3) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
(1)At the end of section 27(1) insert:
Penalty for this subsection: tier 2 penalty.
(2)At the end of section 27(2) insert:
Penalty for this subsection: tier 2 penalty.
(3)At the end of section 27 delete the Penalty.
(1)In section 28(1) in the definition of carried: delete “carried:” and insert:
carried
(2)At the end of section 28(2) insert:
Penalty for this subsection: tier 2 penalty.
(3)In section 28(3) delete the Penalty and insert:
Penalty for this subsection: tier 2 penalty.
In section 29 delete the Penalty and insert:
Penalty: tier 3 penalty.
In section 30(1) delete the Penalty and insert:
Penalty for this subsection: tier 3 penalty.
At the end of Part 2 insert:
Division 3 — Sale, supply and possession of prohibited products
30A.Sale and supply of prohibited products
(1)A person who sells or supplies a prohibited product commits a crime.
Penalty for this subsection: tier 4 penalty.
Summary conviction penalty for this subsection: tier 4 summary penalty.
(2)Without limiting subsection (1), a person sells a prohibited product in each of the following circumstances —
(a)a prohibited product is sold in the premises specified in a retailer’s licence and the person is the holder of the licence;
(b)a prohibited product is sold in premises used for a sale or supply business and the person —
(i)is employed or engaged in the sale or supply business and is present in the premises when the product is sold; or
(ii)has charge or control of the premises, or of the sale or supply business for which the premises is used; or
(iii)holds, alone or with others, a leasehold interest in the premises; or
(iv)if no person holds a leasehold interest in the premises — is registered, alone or with others, as the proprietor of an estate in fee simple in the premises; or
(v)is in occupation or possession of the premises, alone or with others, whether or not by right.
(3)Subsection (1) does not apply in relation to the sale or supply of a therapeutic vaping product if the sale or supply satisfies conditions prescribed by the regulations for the purposes of this subsection.
30B.Possession of prohibited products
(1)In this section —
commercial quantity, in relation to a prohibited product, means a quantity prescribed by the regulations to be the commercial quantity of prohibited products of that kind;
large commercial quantity, in relation to a prohibited product, means a quantity prescribed by the regulations to be the large commercial quantity of prohibited products of that kind;
personal use quantity, in relation to a prohibited product, means a quantity prescribed by the regulations to be the personal use quantity of prohibited products of that kind.
(2)A person who possesses a prohibited product commits a crime.
Penalty for this subsection: tier 4 penalty.
Summary conviction penalty for this subsection: tier 4 summary penalty.
(3)Subsection (2) does not apply in relation to the possession of a quantity of a prohibited product that is equal to or less than the personal use quantity of that kind of prohibited product.
(4)A person who possesses a quantity of a prohibited product equal to or greater than the commercial quantity of that kind of prohibited product commits a crime.
Penalty for this subsection:
(a)for an individual, imprisonment for 15 years and a fine of $2 100 000;
(b)for a body corporate, a fine of $10 500 000.
(5)A person who possesses a quantity of a prohibited product equal to or greater than the large commercial quantity of that kind of prohibited product commits a crime.
Penalty for this subsection:
(a)for an individual, imprisonment for 15 years and a fine of $4 200 000;
(b)for a body corporate, a fine of $21 000 000.
(6)Subsections (2), (4) and (5) do not apply in relation to the possession of a therapeutic vaping product, or a quantity of a therapeutic vaping product, if the possession satisfies conditions prescribed by the regulations for the purposes of this subsection.
(1)At the end of section 31(1) insert:
Penalty for this subsection: tier 3 penalty.
(2)At the end of section 31(2) insert:
Penalty for this subsection: tier 3 penalty.
(3)At the end of section 31(3) insert:
Penalty for this subsection: tier 3 penalty.
(4)In section 31(4) delete the Penalty and insert:
Penalty for this subsection: tier 3 penalty.
(5)In section 31(5):
(a)before “smoking” (1st occurrence) insert:
a tobacco
(b)before “smoking” (2nd occurrence) insert:
tobacco
(1)In section 32(1):
(a)in paragraph (d) before “smoking” insert:
tobacco
(b)in paragraph (f) before “smoking” (1st occurrence) insert:
a tobacco
(c)in paragraph (h) delete “tobacco” (last occurrence);
(d)in paragraph (i) before “smoking” (each occurrence) insert:
tobacco
(2)In section 32(3) before “smoking” insert:
a tobacco
In section 33(1) delete the Penalty and insert:
Penalty for this subsection: tier 3 penalty.
In section 33A(1) delete the Penalty and insert:
Penalty for this subsection: tier 3 penalty.
In section 34 delete the Penalty and insert:
Penalty: tier 3 penalty.
(1)In section 35(2):
(a)in paragraph (a) after “tobacco” insert:
product, a vaping
(b)in paragraph (b) delete “product,” and insert:
product or a vaping product,
(2)At the end of section 35(2) insert:
Penalty for this subsection: tier 3 penalty.
(3)In section 35(3) delete the Penalty and insert:
Penalty for this subsection: tier 3 penalty.
(4)In section 35(4):
(a)after “tobacco product” (1st occurrence) insert:
or vaping product
(b)delete “tobacco” (last occurrence).
Note: The heading to amended section 35 is to read:
Sponsorships in connection with promoting vaping products and tobacco products prohibited
In section 50(5) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
In section 51 delete the Penalty and insert:
Penalty: tier 1 penalty.
In section 52(1) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
In section 53 delete the Penalty and insert:
Penalty: tier 1 penalty.
In section 54(1) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
(1)At the end of section 55(1) insert:
Penalty for this subsection: tier 1 penalty.
(2)At the end of section 55(2) insert:
Penalty for this subsection: tier 1 penalty.
(3)In section 55(3) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
(1)At the end of section 56(1) insert:
Penalty for this subsection: tier 1 penalty.
(2)In section 56(2) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
(1)At the end of section 57(1) insert:
Penalty for this subsection: tier 3 penalty.
(2)At the end of section 57(3) insert:
Penalty for this subsection: tier 2 penalty.
(3)In section 57(5) delete the Penalty and insert:
Penalty for this subsection: tier 2 penalty.
(1)At the end of section 58(1) insert:
Penalty for this subsection: tier 1 penalty.
(2)In section 58(2) delete the Penalty and insert:
Penalty for this subsection: tier 1 penalty.
At the beginning of Part 5 insert:
(1)The Minister may delegate any power or duty of the Minister under section 120B to the CEO.
(2)The delegation must be in writing signed by the Minister.
(3)The CEO cannot delegate a power or duty that has been delegated under this section.
(4)The CEO exercising or performing a power or duty that has been delegated under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5)If the Minister delegates to the CEO the power to make a short‑term closure order —
(a)section 120B(3) does not apply in relation to the making of a short‑term closure order by the CEO; and
(b)for so long as the delegation remains in effect —
(i)the Chief Health Officer as defined in the Public Health Act 2016 section 4(1) (the Chief Health Officer) is authorised to recommend the CEO, in writing, to make a short‑term closure order in relation to specified premises; and
(ii)in deciding whether to recommend the CEO to make a short‑term closure order, the Chief Health Officer may have regard to the matters set out in section 120C(4)(a) to (c) and to any other matter that the Chief Health Officer considers appropriate;
and
(c)the CEO must not make a short‑term closure order unless the Chief Health Officer recommends making the order under paragraph (b)(i).
(6)Nothing in this section limits the ability of the Minister to perform a function other than the making of a short‑term closure order through an officer or agent.
In section 78(1A):
(a)in paragraph (a) before “regulations” insert:
sections 107A, 107B, 107C or 107D, or under
(b)in paragraph (b) before “regulations” insert:
sections 107A, 107B, 107C or 107D, or
(c)in paragraph (b) delete “125” and insert:
125,
(d)in paragraph (c) before “regulations” insert:
sections 107A, 107B, 107C or 107D, or of
In section 89(1)(b) delete “products or” and insert:
products, prohibited products,
(1)At the end of section 90(1) insert:
Penalty for this subsection: tier 2 penalty.
(2)In section 90(2) delete the Penalty and insert:
Penalty for this subsection: tier 2 penalty.
(1)In section 94 delete the definition of young person offence.
(2)In section 94 insert in alphabetical order:
supply offence means —
(a)an offence under section 6, 7, 8(1) or 9; or
(b)another offence under this Act that is prescribed by the regulations for the purposes of this definition.
(3)In section 94 in the definition of compliance survey delete “young person” and insert:
supply
(4)In section 94 in the definition of controlled purchase operation delete “young person” (each occurrence) and insert:
supply
In section 95(2) delete “product or” and insert:
product, prohibited product or tobacco
56.Part 7 Division 1 heading amended
In the heading to Part 7 Division 1 delete “products or” and insert:
products, prohibited products or tobacco
(1)In section 99(1), (2) and (3) delete “tobacco product or smoking implement” and insert:
tobacco product, tobacco smoking implement or prohibited product
(2)In section 99(4) delete “tobacco product or smoking implement” and insert:
tobacco smoking implement, or a tobacco product that is not a prohibited product,
(3)At the end of section 99 insert:
(5)A prohibited product that is seized under subsection (1) or (2) is to be destroyed in an approved manner.
(1)In section 100(1) delete “product or” (each occurrence) and insert:
product, prohibited product or tobacco
(2)At the end of section 100(2) insert:
Penalty for this subsection: a fine of $1 000.
(3)At the end of section 100 delete the Penalty.
In section 101 delete “product or” (each occurrence) and insert:
product, prohibited product or tobacco
(1)At the end of section 103(1) insert:
Penalty for this subsection: tier 2 penalty.
(2)At the end of section 103(2) insert:
Penalty for this subsection: tier 2 penalty.
(3)At the end of section 103 delete the Penalty.
In section 104 delete the Penalty and insert:
Penalty: tier 2 penalty.
Delete section 105.
(1)In section 106:
(a)before “but” insert:
or a vaping product
(b)in paragraphs (a) and (b) after “tobacco” insert:
product, a vaping
(2)In section 106 delete the Penalty and insert:
Penalty: tier 2 penalty.
Note: The heading to amended section 106 is to read:
Products resembling tobacco products or vaping products must not be sold
In section 107A delete the Penalty and insert:
Penalty: a fine of $2 500.
(1)In section 107B(1) delete the Penalty and insert:
Penalty for this subsection: a fine of $2 500.
(2)In section 107B(2) delete the Penalty and insert:
Penalty for this subsection: a fine of $2 500.
In section 107C delete the Penalty and insert:
Penalty: a fine of $2 500.
(1)At the end of section 107D(2) insert:
Penalty for this subsection: a fine of $2 500.
(2)At the end of section 107D delete the Penalty.
(1)In section 107F(2) delete the Penalty and insert:
Penalty for this subsection: tier 2 penalty.
(2)In section 107F(5) after “Tobacco” insert:
and Other
Delete section 107 and insert:
107.Obstructing and threatening officers
(1)In this section —
officer means the CEO, an investigator, an authorised officer or a police officer.
(2)A person must not hinder or obstruct, or attempt to hinder or obstruct, an officer in the performance of the officer’s functions under this Act.
Penalty for this subsection: tier 3 penalty.
(3)A person must not threaten or intimidate an officer in the performance of the officer’s functions under this Act.
Penalty for this subsection: tier 3 penalty.
(4)If under this section a person is charged with an offence in relation to an officer who is an investigator it is a defence to prove —
(a)that the officer did not show the officer’s identity card to the person or did not otherwise identify themselves to the person as an investigator; and
(b)that the person did not otherwise know that the officer was an investigator.
(1)In section 109(1) delete the Table and insert:
Table A
|
s. 19(1) |
s. 19A |
s. 29 |
|
s. 30(1) |
s. 31(1), (2), (3) and (4) |
s. 33(1) |
|
s. 33A(1) |
s. 34 |
s. 35(2) and (3) |
|
s. 57(1) |
s. 104 |
|
(2)In section 109(2) delete the Table and insert:
Table B
|
s. 16(1) |
s. 17 |
s. 18 |
|
s. 18AA(2) |
s. 30A(1) |
s. 30B(2), (4) and (5) |
|
s. 120F(4) |
|
|
Delete Part 7 Division 4.
At the end of Part 7 insert:
(1)The CEO may, by order in writing, close premises specified in the order, if the CEO —
(a)reasonably suspects that —
(i)a prohibited product is being, or has been, sold or supplied in the premises; or
(ii)a prohibited product is, or has been, in the premises;
and
(b)is satisfied that the order is necessary to prevent or mitigate a risk of harm to public health.
(2)The CEO may, by order in writing, vary or revoke an interim closure order.
(3)An interim closure order has effect —
(a)from the date and time when a copy of the order is affixed to the premises in accordance with section 120E(4); and
(b)for the period of time (being not more than 72 hours) specified in the order, unless the order is revoked sooner.
(4)No more than 1 interim closure order may be made in relation to the same premises in a period of 7 days.
120B.Short‑term closure orders
(1)Subject to subsections (3) and (4), the Minister may, by order in writing, close premises specified in the order.
(2)Subsection (1) applies regardless of whether an interim closure order has been made in relation to the premises.
(3)The Minister must not make a short‑term closure order, except on the written recommendation of the CEO.
(4)The Minister must not make a short‑term closure order unless the Minister is satisfied —
(a)that 1 or both of the following applies —
(i)a prohibited product is being, or has been, sold or supplied in the premises;
(ii)a prohibited product is, or has been, in the premises;
and
(b)that the order is necessary to prevent or mitigate a risk of harm to public health.
(5)The Minister may, by order in writing, vary or revoke a short‑term closure order.
(6)A short‑term closure order has effect —
(a)from the date and time when a copy of the order is affixed to the premises in accordance with section 120E(4); and
(b)for the period of time (being not more than 90 days) specified in the order, unless the order is revoked sooner.
(1)The Magistrates Court may, on the application of the CEO, by order, close premises specified in the order if the Court is satisfied that —
(a)a prohibited product is being, or has been, sold or supplied in the premises; or
(b)a prohibited product is, or has been, in the premises.
(2)An application under subsection (1) may be made regardless of whether an interim closure order or a short‑term closure order has been made in relation to the premises.
(3)An application under subsection (1) must be served on —
(a)each person apparently in charge of the premises; and
(b)if the premises are the subject of a lease — the lessor, unless it is not reasonably practicable to do so.
(4)A long‑term closure order has effect —
(a)from the date and time when a copy of the order is affixed to the premises in accordance with section 120E(4); and
(b)for the period of time (being not more than 12 months) specified in the order, unless the order is revoked sooner.
(5)Subsection (4) does not prevent the making of a subsequent long‑term closure order in relation to the same premises.
(6)The Magistrates Court may vary or revoke a long‑term closure order on the application of —
(a)if the premises are the subject of a lease — the lessor; or
(b)in any case — the CEO.
(7)An application made by a lessor under subsection (6) must be served on the CEO.
(8)An application made by the CEO under subsection (6) must, if the premises are the subject of a lease, be served on the lessor, unless it is not reasonably practicable to do so.
(9)The CEO is entitled to be heard on an application made by a lessor under subsection (6).
(1)A closure order cannot be made in relation to premises that are used for residential purposes.
(2)The CEO or the Minister must not make or vary a closure order unless the CEO or the Minister has complied with any requirement prescribed by the regulations in relation to making or varying the order.
(3)Despite any rule of natural justice, no person is entitled to be given notice, or to be heard, in relation to the making or varying of a closure order, before the order is made or varied.
(4)The CEO, when deciding whether to make an interim closure order or to recommend that the Minister make a short‑term closure order, and the Minister, when deciding whether to make a short‑term closure order, may have regard to —
(a)previous enforcement action taken in relation to the premises; and
(b)whether the closure of the premises will impact the ability of the community to access essential goods and services; and
(c)any risk of harm to public health arising from an activity occurring in relation to the premises; and
(d)any other matter the CEO or the Minister, as the case may be, considers appropriate.
120E.General provisions in relation to closure orders
(1)While a closure order is in effect, the CEO must publish the details of the order, as varied from time to time, on the website of the Department.
(2)A copy of a closure order in relation to premises and any variation of the order must, as soon as practicable after the order or variation is made, be given to —
(a)each person apparently in charge of the premises; and
(b)each owner of the premises; and
(c)if the order is a short term closure order, or long term closure order, that relates to premises that are the subject of a lease — the lessee, unless it is not reasonably practicable to do so.
(3)Failure to comply with subsection (1) or (2) does not invalidate a closure order.
(4)A copy of a closure order, and a copy of any variation of the order, in relation to premises must be affixed to the premises in a conspicuous position at or near the main entrance to the premises.
(5)A closure order, or a variation of a closure order, is not invalidated because the copy of the order or variation affixed to the premises under subsection (4) has ceased to be affixed, or has ceased to be visible or legible.
120F.Offences relating to closure orders
(1)In this section —
reasonable excuse, in relation to an offence under this section, includes circumstances prescribed by the regulations to be a reasonable excuse for the purposes of that offence.
(2)If a closure order is in effect in relation to premises, a person must not, without reasonable excuse, remove, obscure or interfere with a copy of the order, or a copy of a variation of the order, affixed to the premises under section 120E(4).
Penalty for this subsection: tier 2 penalty.
(3)If a closure order is in effect in relation to premises, a person must not, without reasonable excuse, enter or be in the premises.
Penalty for this subsection: tier 3 penalty.
(4)If a closure order is in effect in relation to premises, a person who supplies a tobacco product or prohibited product in the premises commits a crime.
Penalty for this subsection: tier 4 penalty.
Summary conviction penalty for this subsection: tier 4 summary penalty.
120G.Exemptions to closure orders
(1)The CEO may, in writing, exempt a person or a class of persons from the operation of section 120F(3) in relation to a closure order.
(2)The exemption may be expressed to be subject to conditions.
(3)The conditions may include (without limitation) any of the following —
(a)a limitation or specification in relation to the time or times at which or during which a person may enter or be in the premises;
(b)a limitation or specification in relation to the purposes for which a person may enter or be in the premises;
(c)a limitation or specification in relation to the activities that a person may engage in while in the premises.
(4)The exemption must be —
(a)given to the person to whom it applies; or
(b)published on the website of the Department; or
(c)published in a manner prescribed by the regulations.
(5)The CEO may vary or revoke the exemption by written notice —
(a)given to the person to whom the exemption applies; or
(b)published on the website of the Department; or
(c)published in a manner prescribed by the regulations.
(6)If the exemption is expressed to be subject to a condition, the exemption has no effect at any time when the condition is being contravened.
In section 123(1) delete the Penalty and insert:
Penalty for this subsection: tier 2 penalty.
(1)In section 124(2):
(a)in paragraph (b) delete “tobacco products” (each occurrence) and insert:
restricted products
(b)in paragraph (b)(i) after “number of” insert:
a particular product line, or of
(c)in paragraph (ca) delete “tobacco products, packages and smoking implements at places where those items” and insert:
restricted products at places where they
(d)in paragraph (c) delete “tobacco products or smoking implements” and insert:
restricted products
(e)after paragraph (g) insert:
(ga)prescribing matters in relation to documents to be affixed under section 120D(4), including the form of the documents and method of affixation;
(f)in paragraph (i) delete “$2 000.” and insert:
$600 000.
(2)Delete section 124(3).
75.Sections 126 and 126A inserted
After section 125 insert:
126.Regulations may incorporate Australian legislation by reference
(1)In this section —
Australian legislation means an Act, or subsidiary legislation, of —
(a)this or another State; or
(b)a Territory; or
(c)the Commonwealth;
(2)Regulations made under this Act about any matter may make provision about the matter by applying, adopting or incorporating, with or without modification, Australian legislation as in force from time to time.
(3)This section does not limit the Interpretation Act 1984 section 16.
126A.Regulations for the purposes of various definitions
(1)The Governor may, on the recommendation of the Minister, make regulations for the purposes of the following —
(a)the definition of illicit tobacco product paragraphs (c) and (d);
(b)the definition of prohibited product paragraph (c);
(c)the definition of tobacco packaging requirement paragraph (b);
(d)the definition of tobacco product requirement paragraph (b).
(2)The Minister must not make a recommendation for the purposes of subsection (1)(a) in relation to a provision of a law of the Commonwealth or another requirement unless the Minister is satisfied that it is necessary to prescribe the provision or the requirement to prevent or mitigate a risk of harm to public health.
(3)The Minister must not make a recommendation for the purposes of subsection (1)(b) in relation to a product unless the Minister is satisfied that —
(a)the product —
(i)may be used as an alternative to a tobacco product or vaping product; or
(ii)is presented or advertised as an alternative to a tobacco product or vaping product; or
(iii)is presented or advertised in a manner that indicates that the product contains tobacco or nicotine;
and
(b)it is necessary to prescribe the product as a prohibited product to prevent or mitigate a risk of harm to public health.
(4)The Minister must not make a recommendation for the purposes of subsection (1)(c) or (d) in relation to a requirement unless the Minister is satisfied that it is necessary to prescribe the requirement as a tobacco packaging requirement or tobacco product requirement, as the case requires, to prevent or mitigate a risk of harm to public health.
(1)In the Glossary clause 1 delete “In” and insert:
(1)In
(2)In the Glossary clause 1 delete the definitions of:
officer
promote
registered design
smoke
smoking implement
tobacco product
(3)In the Glossary clause 1 insert in alphabetical order:
closure order means —
(a)an interim closure order; or
(b)a short-term closure order; or
(c)a long-term closure order;
consume, in relation to a tobacco product, includes smoke, inhale or chew the tobacco product;
Department means the department of the Public Service principally assisting in the administration of this Act;
illicit tobacco product means a tobacco product that contravenes any of the following —
(a)a tobacco product requirement;
(b)a tobacco packaging requirement;
(c)a provision of a law of the Commonwealth prescribed for the purposes of this definition by regulations made under section 126A;
(d)any other requirement prescribed for the purposes of this definition by regulations made under section 126A;
interim closure order means an order made under section 120A(1);
long-term closure order means an order made under section 120C(1);
officer, in relation to a body corporate —
(a)has the meaning given in the Corporations Act 2001 (Cth) section 9AD; but
(b)does not include an employee of the body unless the employee is concerned in the management of the body;
prohibited product means —
(a)an illicit tobacco product; or
(b)a vaping product; or
(c)a product prescribed for the purposes of this definition by regulations made under section 126A;
promote, in relation to a tobacco product, vaping product, tobacco smoking implement or package, includes to promote any of the following —
(a)the purchase or use of the tobacco product, vaping product or tobacco smoking implement;
(b)a trade mark in respect of the tobacco product, vaping product or tobacco smoking implement;
(c)a registered design or brand name of the tobacco product, vaping product or tobacco smoking implement;
(d)a name of a tobacco company or licence holder that appears on —
(i)the tobacco product, vaping product or tobacco smoking implement or a package; or
(ii)the packaging of the tobacco smoking implement;
(e)a part of a trade mark, registered design, brand name or other name referred to in paragraph (b), (c) or (d);
proprietary company has the meaning given in the Corporations Act 2001 (Cth) section 9;
public company has the meaning given in the Corporations Act 2001 (Cth) section 9;
registered design, in relation to a tobacco product, a vaping product or a tobacco smoking implement, means a design that is registered under the Designs Act 2003 (Cth) in relation to the tobacco product, vaping product or tobacco smoking implement;
related body corporate has the meaning given in the Corporations Act 2001 (Cth) section 9;
restricted product means —
(a)a prohibited product; or
(b)a tobacco product; or
(c)a tobacco smoking implement; or
(d)a package;
sale or supply business means a business comprising the sale of goods of any kind, or the supply of services of any kind, or both, whether retail or otherwise;
short‑term closure order means an order made under section 120B(1);
smoke means to consume, hold or otherwise have control over —
(a)an ignited or heated tobacco product; or
(b)a vaping device that is generating or releasing (whether or not by burning) aerosol or vapour;
subsidiary, in relation to a body corporate, has the meaning given in the Corporations Act 2001 (Cth) section 9;
therapeutic vaping product means a vaping product that is a therapeutic good as defined in the Therapeutic Goods Act 1989 (Cth) section 3(1);
tier 1 penalty means —
(a)for an individual —
(i)for a first offence, a fine of $10 000; and
(ii)for a second or subsequent offence, a fine of $20 000;
and
(b)for a body corporate —
(i)for a first offence, a fine of $50 000; and
(ii)for a second or subsequent offence, a fine of $100 000;
tier 2 penalty means —
(a)for an individual —
(i)for a first offence, a fine of $60 000; and
(ii)for a second or subsequent offence, a fine of $120 000;
and
(b)for a body corporate —
(i)for a first offence, a fine of $300 000; and
(ii)for a second or subsequent offence, a fine of $600 000;
tier 3 penalty means —
(a)for an individual —
(i)for a first offence, a fine of $200 000; and
(ii)for a second or subsequent offence, a fine of $400 000;
and
(b)for a body corporate —
(i)for a first offence, a fine of $1 000 000; and
(ii)for a second or subsequent offence, a fine of $2 000 000;
tier 4 penalty means —
(a)for an individual —
(i)for a first offence, imprisonment for 10 years and a fine of $600 000; and
(ii)for a second or subsequent offence, imprisonment for 10 years and a fine of $1 200 000;
and
(b)for a body corporate —
(i)for a first offence, a fine of $3 000 000; and
(ii)for a second or subsequent offence, a fine of $6 000 000;
tier 4 summary penalty means —
(a)for an individual —
(i)for a first offence, imprisonment for 3 years and a fine of $120 000; and
(ii)for a second or subsequent offence, imprisonment for 3 years and a fine of $240 000;
and
(b)for a body corporate —
(i)for a first offence, a fine of $600 000; and
(ii)for a second or subsequent offence, a fine of $1 200 000;
tobacco packaging requirement means —
(a)a provision of a law of the Commonwealth that deals with the packaging of tobacco products and that is prescribed by the regulations for the purposes of this definition; or
(b)any other requirement prescribed for the purposes of this definition by regulations made under section 126A,
and, in relation to a tobacco product, means a requirement mentioned in paragraph (a) or (b) that applies to the product;
tobacco product —
(a)means —
(i)tobacco in a form prepared for human consumption or use; or
(ii)a cigarette or cigar or any other product the main, or a substantial, ingredient of which is tobacco and which is designed for human consumption or use; or
(iii)a product prepared for smoking that contains a herb or other plant matter, whether or not the product also contains tobacco;
but
(b)does not include —
(i)nicotine, or a product that contains nicotine, in a form that is a poison as defined in the Medicines and Poisons Act 2014 section 3; or
(ii)a prohibited plant or a prohibited drug as those terms are defined in the Misuse of Drugs Act 1981 section 3(1) or a product containing either of those things;
tobacco product requirement means —
(a)a provision of a law of the Commonwealth that deals with any of the following and that is prescribed for the purposes of this definition —
(i)the prohibition of terms that may appear on tobacco products;
(ii)the appearance and contents of tobacco products;
(iii)standards that apply to tobacco products;
or
(b)any other requirement prescribed for the purposes of this definition by regulations made under section 126A,
and, in relation to a tobacco product, means a requirement mentioned in paragraph (a) or (b) that applies to the product;
tobacco smoking implement —
(a)means cigarette papers, a cigarette rolling machine, pipe, or other thing designed to be used in the process of smoking a tobacco product or preparing a tobacco product for smoking; but
(b)does not include matches or a cigarette lighter;
vaping accessory means a cartridge, capsule, pod or other vessel —
(a)if it used in, or with, a vaping device; and
(b)whether or not it —
(i)contains a vaping substance; or
(ii)is designed or intended to be refilled;
vaping device —
(a)means any of the following —
(i)a device, whether or not filled with a vaping substance, that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol or vapour for direct inhalation by its user; or
(ii)a device to which subparagraph (i) would apply if the device were not inoperable, disassembled, incomplete or damaged;
(iii)a device that is prescribed by the regulations to be a vaping device; or
(iv)a device of a class that is prescribed by the regulations to be a class of vaping device;
but
(b)does not include —
(i)a device that is prescribed by the regulations not to be a vaping device; or
(ii)a device of a class that is prescribed by the regulations not to be a class of vaping device;
vaping product —
(a)means any of the following —
(i)a vaping accessory;
(ii)a vaping device;
(iii)a vaping substance;
(iv)a product the presentation of which includes an express or implied representation that the product is of a type mentioned in subparagraph (i), (ii) or (iii);
(v)a product that is prescribed by the regulations to be a vaping product;
(vi)a product of a class that is prescribed by the regulations to be a class of vaping product;
but
(b)does not include —
(i)a product that is prescribed by the regulations not to be a vaping product; or
(ii)a product of a class that is prescribed by the regulations not to be a class of vaping product;
vaping substance —
(a)means —
(i)nicotine in solution in any concentration, including in a salt or base form; or
(ii)any liquid or other substance for use in, or with, a vaping device; or
(iii)a substance that is prescribed by the regulations to be a vaping substance;
and
(b)includes a container or part of a container, other than a vaping accessory or vaping device, in which a liquid or other substance referred to in paragraph (a)(i), (ii) or (iii) is present;
(4)In the Glossary clause 1 in the definition of CEO delete “Department as defined in the Health Legislation Administration Act 1984 section 3;” and insert:
Department;
(5)In the Glossary clause 1 in the definition of sell delete paragraph (e).
(6)In the Glossary clause 1 in the definition of tobacco advertisement:
(a)in paragraph (a) after “product, a” insert:
tobacco
(b)in paragraph (b) after “product or a” insert:
tobacco
(7)In the Glossary clause 1 in the definition of tobacco company:
(a)in paragraphs (a) and (b) delete “company, as defined in the Corporations Act 2001 of the Commonwealth,” and insert:
company
(b)in paragraph (b) delete “(within the meaning of that Act)”.
(8)In the Glossary clause 1 in the definition of trade mark delete “given to that term in the Trade Marks Act 1995 of the Commonwealth;” and insert:
given in the Trade Marks Act 1995 (Cth) section 17;
(9)In the Glossary clause 1 in the definition of wholesale delete “retail,” and insert:
retail or indirect sale,
(10)At the end of the Glossary insert:
(2)For the purposes of the definition of vaping device, a device or other object may be a vaping device even if it resembles or functions as a toy, food, drink, cartoon character, animal, musical instrument, vehicle or household or personal object.
Part 3 — Misuse of Drugs Act 1981 amended
77.Misuse of Drugs Act 1981 amended
This Part amends the Misuse of Drugs Act 1981.
In section 8O(1)(c) delete “Tobacco Products Control Act 2006” and insert:
Tobacco and Other Products Control Act 2006
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