Northern Territory Consolidated Acts
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TOBACCO CONTROL ACT 2002
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Object
4. Act binds Crown
4A. Application to e-cigarettes
5. Definitions
5A. Food service area
5B. Outdoor eating and drinking area
5C. Exemption for major event
6. Tobacco products
6A. Application of Criminal Code
PART 2--SMOKE-FREE AREAS
7. Smoke-free area
7A. Voluntarily declared area
8. Signs to be displayed
9. Smoker commits offence
10. Occupier commits offence
11. Exempt areas
PART 2A--SMOKING IN MOTOR VEHICLES WITH CHILDREN UNDER 16 PROHIBITED
11A. Offence to smoke in motor vehicle with child under 16
PART 3--PACKAGING, ADVERTISING AND SPONSORSHIP, DISPLAYS, POINTS OF SALE
Division 1--Packaging requirements
12. Health warnings on packaging
13. Size of cigarette packets for sale
14. Weight of loose tobacco for sale
Division 2--Advertising and sponsorship restrictions
15. Tobacco advertising in public places prohibited
16. Brand marketing and value-added marketing prohibited
17. Price discounting not to be advertised
18. Restrictions on price boards
19. Sponsorship of events restricted
Division 3--Display restrictions
20. Display of tobacco products
22. Conditions of vending machine displays
23. Signs to be displayed on vending machines
Division 4--Restrictions on points of sale
25. Point of sale restrictions
26. Vending machine restrictions
27. Signs to be displayed at point of sale other than vending machine
PART 4--LICENSING OF TOBACCO RETAILERS
28. Offence to sell by retail without licence
29. Grant or refusal of licence
29A. Renewal of licence
30. Conditions of licence
31. Effect of licence
32. When a licence is in force
33. Licence to be displayed
34. Surrender of licence
35. Variation of conditions
36. Transfer of licence
36A. Licence not personal property
37. Director to be notified of change in circumstances
38. Cancellation or suspension
39. Notice to show cause
40. Notice of and reasons for decision
PART 4A--REVIEW OF DECISIONS
41. Definitions
41A. Notice of delegate decision
41B. Application for review
41C. Effect of application on delegate decision
41D. Director to consider application
41E. Conducting and deciding review
41F. Notice of decision on review
41G. Application to NTCAT for review of Director's decision
PART 5--SALE BY CHILDREN AND SALE OR SUPPLY TO CHILDREN
42. Sale to children prohibited
42A. Sale of tobacco product by child employee
43. Supply to, or purchase for, children prohibited
44. Defence
45. False identification
46. Sale of children's products resembling tobacco products
PART 6--ADMINISTRATION AND ENFORCEMENT
47. Authorised officers
48. Identity cards
49. Functions
50. Entry and search powers
50A. Power to stop motor vehicle and smoking in motor vehicle
51. Power to require identification
52. Obstruction etc. of authorised officers
53. Wholesalers to provide information about retailers
53A. Wholesalers to provide information about quantity of tobacco products supplied
54. Misleading information
54A. Appointment of Director of Tobacco Control
54B. Annual report
54C. Approved forms
55. Delegation by Chief Health Officer or Director
56. Legal immunity
57. Confidentiality of information
PART 7--MISCELLANEOUS
57A. Acquisition on just terms
58. Regulations
PART 8--TRANSITIONAL MATTERS FOR TOBACCO CONTROL LEGISLATION AMENDMENT ACT 2010
59. Outdoor eating and drinking areas – exemption for transitional period
60. Savings – existing tobacco retail licences
PART 9--TRANSITIONAL MATTERS FOR TOBACCO CONTROL LEGISLATION AMENDMENT ACT 2014
61. Offences – before and after commencement
PART 10--TRANSITIONAL MATTERS FOR LICENSING (DIRECTOR-GENERAL) ACT 2014
Division 1--Definitions
62. Definitions
Division 2--Applications
63. Application to NTLC Director – pending decision
Division 3--Review of decisions
64. New review regime applies to post-commencement decisions
65. Review of pre-commencement decision – application not yet made
66. Review of pre-commencement decision – application made
Division 4--General matters
67. Continuation of ongoing documents and things
68. Legal immunity of NTLC Director continues
PART 11--TRANSITIONAL MATTERS FOR LICENSING (DIRECTOR-GENERAL) REPEAL ACT 2020
69. Definitions
70. Applications to be decided by Director
71. Director to complete delegate decision reviews
72. Continuation of instruments, appointments, documents etc.
SCHEDULE
ENDNOTES
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