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TOBACCO AND OTHER SMOKING PRODUCTS AMENDMENT ACT 2023

- As at 2 June 2023
- Act 16 of 2023

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998

   3.      Act amended
   4.      Amendment of s 3A (How object is to be achieved)
   5.      Insertion of new ss 5B and 5C
   6.      Amendment of s 6 (Acceptable evidence of age)
   7.      Insertion of new pt 1A
   8.      Amendment of s 9 (Meaning of prevention measures for div 1)
   9.      Insertion of new s 9B
   10.     Insertion of new s 11A
   11.     Amendment of s 12 (When employee of supplier liable)
   12.     Amendment of s 13A (Power to require details of retail suppliers)
   13.     Amendment of s 14 (Definitions for div 2)
   14.     Amendment of s 15 (Restriction on location of tobacco product vending machines)
   15.     Amendment of s 15A (Person in charge of tobacco product vending machine in bar area or gaming machine area must instruct employees)
   16.     Insertion of new s 16A
   17.     Amendment of s 19 (Supply prohibited)
   18.     Amendment of s 25 (Definitions for pt 2A)
   19.     Replacement of s 26 (Application of div 1)
   20.     Amendment of s 26A (Prohibition on display, and restrictions on advertising, of smoking products)
   21.     Amendment of s 26HA (Certain business names allowed)
   22.     Amendment of s 26HB (Use of ‘tobacconist’ in advertising)
   23.     Replacement of s 26HC (Display of signage at supplier’s relevant point of sale)
   24.     Amendment of s 26N (Smoking product giveaways)
   25.     Amendment of s 26PA (Image of consumption of smoking product)
   26.     Amendment of s 26Q (Definitions for pt 2B)
   27.     Amendment of s 26U (Person smoking must stop when directed)
   28.     Omission of s 26VI (Person smoking must stop when directed)
   29.     Omission of s 26VM (Person smoking must stop when directed)
   30.     Omission of s 26VP (Person smoking must stop when directed)
   31.     Amendment of s 26VQ (Person must not smoke at or near school facility)
   32.     Omission of s 26VR (Person smoking must stop when directed)
   33.     Omission of s 26VT (Person smoking must stop when directed)
   34.     Omission of s 26VV (Person smoking must stop when directed)
   35.     Omission of s 26VX (Person smoking must stop when directed)
   36.     Insertion of new pt 2C, div 1, sdiv 1, hdg
   37.     Amendment of s 26W (Meaning of outdoor eating or drinking place)
   38.     Amendment of s 26X (Person must not smoke at outdoor eating or drinking place)
   39.     Insertion of new s 26XA
   40.     Amendment of s 26Y (Person smoking must stop when directed)
   41.     Insertion of new pt 2C, div 1, sdiv 2, hdg
   42.     Amendment of s 26ZA (Designating an outdoor smoking area)
   43.     Amendment of s 26ZB (Obligations of liquor licensee of premises with designated outdoor smoking area)
   44.     Amendment of s 26ZD (Person must not smoke within government precinct)
   45.     Omission of s 26ZE (Person smoking must stop when directed)
   46.     Insertion of new pt 2C, div 2A
   47.     Amendment of s 26ZKD (Person must not smoke at or near under-age sporting event)
   48.     Omission of s 26ZL (Person smoking must stop when directed)
   49.     Amendment of s 26ZQA (Display of hookahs)
   50.     Insertion of new s 26ZQB
   51.     Amendment of s 28 (Appointment)
   52.     Amendment of s 33 (Entry of places by authorised persons)
   53.     Amendment of s 37 (General powers after entering places)
   54.     Amendment of s 40A (Power to direct person to stop smoking)
   55.     Amendment of s 42D (Forfeiture of seized things)
   56.     Insertion of new s 42F
   57.     Amendment of s 44C (Improvement notices)
   58.     Insertion of new ss 50A and 50B
   59.     Insertion of new pt 3, div 6
   60.     Insertion of new ss 52–52D
   61.     Amendment of s 53 (Regulation-making power)
   62.     Insertion of new pt 5, div 1, hdg
   63.     Insertion of new pt 5, div 2
   64.     Insertion of new s 56
   65.     Insertion of new ss 57 and 58
   66.     Amendment of sch (Dictionary)
           SCHEDULE 1


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