Queensland Numbered Acts

HEALTH AND HOSPITALS NETWORK ACT 2011 No. 32 - SECT 326

Sections 26A to 26H—

omit, insert—

'(1) A supplier must not display a smoking product.

Maximum penalty—140 penalty units.

'(2) A supplier must not advertise a smoking product other than at a retail outlet.

Maximum penalty—140 penalty units.

'(3) A supplier must not advertise a smoking product at a retail outlet in any way other than a way specifically provided for in another section of this division.

Maximum penalty—140 penalty units.

'(4) If a smoking product is kept by a supplier at a retail outlet in compliance with this division, the supplier does not contravene this section merely because the smoking product is seen by another person.

'Smoking products may be kept at a retail outlet only at or in the following places—

(a) at or near the supplier's relevant point of sale, only if the smoking products are kept either—

(i) on the seller's side of the point of sale; or

(ii) above or below a counter, but not on a counter, where customers are served, in a way that the smoking products can not be accessed by customers;

(b) for cigars—in a humidified room where the cigars can be accessed by customers only if, while a customer is in the room, the customer is accompanied by the supplier or an employee of the supplier;

(c) in a room or other place, if the smoking products are kept in a way that they can not be accessed by customers.

Example—

a locked storage room used to store products not for immediate sale

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

'(2) Also, if smoking products are kept at or near the supplier's relevant point of sale, the smoking products must be concealed by a covering that—

(a) is opaque; and

(b) is of a colour or design that does not make a feature of the covering as distinct from its surrounds.

'(3) Despite subsections (1) and (2), the fleeting incidental view by a customer of an area of no more than 1m2 of smoking products is permitted only to the extent required to carry out activities in the ordinary course of the supplier's business.

Example of activities carried out in the ordinary course of the supplier's business—

removing smoking products as part of a transaction

'An arrangement of smoking products must not—

(a) constitute a tobacco advertisement itself; or

(b) create a composite picture or other meaningful visual image whose component parts are printed on individual cartons or packages.

'(1) This section applies if smoking products are kept at or near a supplier's relevant point of sale.

'(2) The retail price of smoking products available, or usually available, for sale at the retail outlet may be displayed only by a price ticket or other indicator of price—

(a) fixed at the place where the smoking products are kept; and

(b) in the form prescribed under a regulation.

'(3) A display of the retail price of smoking products must not include anything else about the price of a smoking product, including, for example, a thing that states the price is discounted.

'(4) A supplier does not advertise a smoking product merely by displaying the retail price of the product in compliance with this section.'.