Victorian Numbered Acts

TOBACCO (AMENDMENT) ACT 2005 (NO 45 OF 2005) - SECT 16

For section 13 of the Tobacco Act 1987 substitute —

        '13.     Vending machines

    (1)     A person must not place or cause or permit to be placed in any premises a vending machine for operation by members of the public.

Penalty:     10 penalty units.

    (2)     Sub-section (1) does not apply to a vending machine that is placed—

        (a)     in the bar area of licensed premises in line of sight of a bar; or

        (b)     in an approved venue or in a casino in line of sight of a service counter of the approved venue or casino; or

        (c)     in a bottle shop immediately adjacent to the service counter of the bottle shop.

    (3)     In this section—

"bar" means a place in licensed premises that—

        (a)     is stocked with liquor of various types; and

        (b)     is used solely or mainly for the supply of liquor to customers; and

        (c)     has a counter—

              (i)     across which liquor is supplied directly to customers; and

              (ii)     at which, or in the immediate vicinity of which, customers may immediately consume the liquor supplied;

"bar area" means the area—

        (a)     in the immediate vicinity of a bar; and

        (b)     not more than 5 metres from the outer edge of the counter of the bar;

"bottle shop" means an area in licensed premises where liquor is supplied to customers solely for consumption off the licensed premises;

"service counter" —

        (a)     of an approved venue or a casino, means a counter at which gaming tokens (within the meaning of the Gambling Regulation Act 2003 ) may be issued or redeemed;

        (b)     of a bottle shop, means a counter in the bottle shop across which liquor is supplied directly to customers.'.