Title
1 Short Title and commencement
2 Interpretation
3 Act binds the Crown
Part 1
Smoke-free workplaces and public areas
4 Purposes of this Part
5 Smoking in workplaces prohibited
5A Employer may permit smoking in vehicle with consent of users
6 Dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes
6A Smoking in prison cells
7 Duties of employer [Repealed]
7A Smoking prohibited at schools and early childhood education and care centres
8 Smoking prohibition on aircraft
9 Smoking restricted in passenger service vehicles
10 Application of Act to ships
11 Smoking prohibited in certain travel premises
12 Smoking on licensed premises
13 Smoking in restaurants
13A Smoking in casinos
13B Smoking in certain gaming machine venues
14 Enforcement officers
15 Complaints relating to workplace smoking
16 Complaints to Director-General
17 Offences in respect of smoking
17A Penalties
18 Prosecution of offences
19 Protection of persons acting under authority of Act
20 Saving of powers to make bylaws
20A Health and Safety in Employment Act 1992 not affected
Part 2
Control of smoking products
21 Purpose of this Part
Promotion and advertising
22 Advertising of tobacco products
23 Exemptions for retailers and vending machines
23A Compliant product display
23B Exposure for sale
24 Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events
25 Organising or promoting activity using trade mark, etc, of tobacco products
26 Exemptions for participants in certain events
26A Exemption for multinational sporting events
27 Exemption for craft in emergencies
28 Free distribution and rewards prohibited
29 Tobacco product not to be advertised or labelled as suitable for chewing, etc
Sale and labelling
29A Sale of tobacco products with other products prohibited
29B Restriction on use of automatic vending machines
30 Sale of tobacco products and herbal smoking products to people under 18 prohibited
30AA Supplying tobacco products or herbal smoking products to people under 18 prohibited
30AB Certain repeat offenders may be ordered not to sell tobacco products
30A Restrictions on sale of certain tobacco products in small quantities
31 Limits on harmful constituents
32 Labelling and health messages for tobacco products
32AA Labelling and health messages for herbal smoking products
Testing, reports, and returns
33 Annual testing for constituents
34 Director-General may require further testing
35 Returns and reports
Offences
36 Offences in respect of smoking products
36A Toy tobacco products
37 Enforcement
38 Liability of employees, employers, agents, and principals
Miscellaneous provisions
39 Regulations
40 Transitional provisions
41 Amendment, repeals, and revocations
Part 2A
Powers of enforcement officers
41A Powers of entry and inspection
41B Requirement to give identifying information
41C Purposes for which powers may be used
41D Duties of enforcement officers
41E Offences in respect of enforcement officers
41F Enforcement
Part 3
Health Sponsorship Council
42 Meaning of sponsorship
43 Council established
44 Principal functions of Council
45 Membership of Council
46 Term of office of members of Council [Repealed]
47 Meetings of Council [Repealed]
48 Conflict of interest [Repealed]
49 Council to appoint chief executive
50 Other staff [Repealed]
51 Council may appoint advisory and technical committees [Repealed]
52 Council may co-opt specialist advice [Repealed]
53 Remuneration and allowances for members of Council and committees [Repealed]
54 Salaries, etc, to be paid out of funds of Council [Repealed]
55 Powers of Council [Repealed]
56 Council to provide alternative sponsorship [Repealed]
57 Minister may give Council directions [Repealed]
58 Council to submit annual budget and plans for Minister's approval [Repealed]
59 Funds of Council [Repealed]
60 Further provisions relating to funds
61 Liability of Council and members
62 Accounts [Repealed]
62A Crown entity [Repealed]
63 Annual reports [Repealed]
64 Ombudsmen Act 1975 amended [Repealed]
65 Films Act 1983 amended [Repealed]
Reprint notes