11.4 State and territory legislation

Last updated: October 2016 

Suggested citation: Grace, C. 11.4 State and territory legislation. In Scollo, MM and Winstanley, MH [editors]. Tobacco in Australia: Facts and issues. Melbourne: Cancer Council Victoria; 2016. Available from: http://www.tobaccoinaustralia.org.au/chapter-11-advertising/11-4-state-and-territory-legislation

Authors who contributed to previous versions of this section include Chapman, S., Freeman, B., Haslam, I., Tumini, V., & and Winstanley M. 

Australian states and territories are able to enact regulations that are more restrictive than the Commonwealth national Tobacco Advertising Prohibition Act 1992 (TAP Act). To varying degrees all states and territories legislate controls on the advertising and promotion of tobacco products. Where the TAP Act does not restrict point-of-sale advertising and the display of tobacco in retail locations, the states and territories all have their own restrictions and controls. A summary of legislation for each state and territory follows. Table 11.4.1 at the end of this section provides an overview of state and territory legislation.

11.4.1 Australian Capital Territory

Advertising and promotion of tobacco is controlled by the Tobacco and Other Smoking Products Act 1927 (ACT) (formerly known as the Tobacco Act 1927). The Act sets out strict requirements for how smoking products (tobacco and herbal smoking products) can be advertised and displayed.

A smoking advertisement is defined as anything (writing, sound or a picture, symbol, light or other visible device, object or sign) that a reasonable person would consider publicises or promotes:

  • the purchase or use of a smoking product
  • the trademark or brand name, or part of a trademark or brand name, of a smoking product.

Items that advertise or promote tobacco products or tobacco smoking are not permitted at point of sale. No gifts, rewards schemes or 'value-added' promotional items can be associated with the purchase of tobacco products. A tobacco product itself cannot be given away if this promotes the sale of a tobacco product. It is illegal to conduct a competition that promotes smoking or promotes a tobacco product. Examples of prohibited advertising include brand-name promotional material, and toys, novelty items or clothes with a tobacco name or logo.

Amendments made to the Act by the Tobacco Amendment Act 2008 (ACT) prohibited the sale of cigarette packets designed to be divided into portions containing fewer than 20 cigarettes each, commonly known as 'split packets', and prohibited the offer of customer rewards in association with the sale of smoking products. The Minister for Health was also given the power to declare that a smoking product is prohibited if it has a distinctive fruity, sweet or confectionery-like character, and the nature of the product or the product's package or packaging could be attractive to children.i 1

11.4.1.1 Display of tobacco products

The 2008 amendments to the Tobacco and Other Smoking Products Act 1927 (ACT) also introduced new restrictions banning the display of smoking products at point of sale. All retailers are required to store smoking products out of sight of customers.ii This provision applied to standard tobacconists from 1 January 2010, and to specialist tobacconists from 1 January 2011.iii One point of sale is permitted per retail outlet. Licensed premises may have up to five points of sale.iv Price tickets must comply with size and design requirements (they must use 12 point Times New Roman font, and be no larger than 15cm squared).

11.4.2 New South Wales

Two key pieces of legislation relate to the advertising and promotion of tobacco products in New South Wales: the Public Health (Tobacco) Act 2008 (NSW)2 and the Public Health (Tobacco) Regulation 2016.3 The Public Health (Tobacco Act) 2008 incorporates the tobacco control elements of the NSW Public Health Act 1991 which operated prior to 2008.

These two pieces of legislation prohibit overt advertising of tobacco products and also regulate the display of tobacco products at point of sale. In addition, the Public Health (Tobacco) Act 2008 prohibits tobacco related promotions, sponsorships, competitions, incentive promotions, loyalty schemes and free sampling of tobacco.v One point of sale per retail outlet is permitted.vi Licensed premises may have one point of sale and one staff-operated vending machine.

11.4.2.1 Packaging

Uniquely, the New South Wales regulation acknowledges that images on the package itself constituted advertising. The regulation prohibits certain types of on-pack advertising elements including:vii

  • statements alluding to sporting, sexual or business success
  • people or cartoon characters
  • scenes, activities, words, representations or illustrations that have appeal to children or young persons
  • holograms

These forms of on-pack advertising are also prohibited under the Tobacco Plain Packaging Act 2011 (Cth), and associated regulations. 

11.4.2.2 Display restrictions

Retailers other than NSW Department of Health approved specialist tobacconists were banned from displaying tobacco products at point of sale from 1 July 2010 (large retailers and tobacco vending machine operators were required to comply with the ban from 1 January 2010).viii Approved specialist tobacconists in New South Wales were given until 1 July 2013 to comply with the full display ban. Either a single price board or price tickets may be displayed, but not both. Price tickets may not use more than two colours, and must be 35cm squared or less in area. The information that can be included on a price ticket is limited to the name of the product line, a bar code, the price and a symbol identifying the country of origin.ix A health warning must be displayed at the point of sale and on any vending machine.x

11.4.3 Northern Territory

Legislation and regulation pertaining to tobacco advertising in the Northern Territory falls under the Tobacco Control Act 2002 (NT)4 and the Tobacco Control Regulations.5 The Act and Regulations were significantly amended by the Tobacco Control Legislation Amendment Act 2010 (NT).6

Tobacco advertising was banned from 31 May 2003. No tobacco advertisements of any type may be displayed, published or broadcast. All tobacco advertising at point-of-sale such as posters, backlit signs, desk pads, flags and floor stickers is also banned. Retail staff are not permitted to wear clothing or other items with tobacco logos or trademarks. Shops cannot be decorated in tobacco brand colours. Retailers cannot advertise brand names of cigarettes or the sale of cigarettes at discounted prices, including using expressions such as 'cheap smokes' or 'discount cigarettes'. All giveaways, competitions and other-value added marketing are prohibited.xi

Tobacco must be sold over the counter from a premises with a licence to sell tobacco products. This means that mobile cigarette 'girls and boys' who typically approach young people in nightclubs and pubs are not permitted.xii

11.4.3.1 Display restrictions

Amendments to the Tobacco Control Act 2002 (NT) made by the Tobacco Control Legislation Amendment Act 2010 (NT) mean that the display of tobacco products by all retailers has been banned in the Northern Territory since 2 January 2011.xiii Occupiers of premises from which tobacco products are sold must ensure the products cannot be seen from inside or outside the premises.xiv One point of sale is permitted. Licensed venues may have one over-the-counter point of sale and one vending machine in each bar area of the premises. A health warning must be displayed at point of sale, including vending machines. Either a price board or shelf tickets may be displayed, not both.

11.4.4 Queensland

Tobacco advertising and promotion is controlled and restricted by the Tobacco and Other Smoking Products Act 1998 (Qld)7 and the Tobacco and Other Smoking Products Regulations 2010.8 The Act prohibits tobacco advertising including any promotions, competitions, and product giveaways. This also extends to any images of the consumption of tobacco products at retail point-of-sale.

A review of Queensland's tobacco laws was carried out in early 2004. The review informed the drafting of new tobacco laws under the Tobacco and Other Smoking Products Amendment Bill 2004, which was passed by the Queensland Parliament on 11 November 2004.9 The new laws commenced in phases between 1 January 2005 and 1 July 2006 and included restrictions on how tobacco products can be displayed at retail outlets and a ban on tobacco advertising or competitions. The advertising and promotion provisions in the Tobacco and Other Smoking Products Act 1998 (Qld) were further amended in 2011 by the Health and Hospitals Network Act 2011 (Qld).

11.4.4.1 Display restrictions

As a result of the 2011 amendments, Queenslands' tobacco display laws now include the following key restrictions:

  • Only one point of sale is permitted at a retail outlet and mandatory signs must be displayed (as prescribed by regulation)
  • Smoking products must kept out of sight of customers and concealed by a covering that is opaque and of a colour or design that does not make a feature of the covering as distinct from its surrounds
  • Smoking products may only be viewed incidentally by the extent required to carry out a transaction
  • At a retail outlet, smoking products must only be kept on the seller’s side of the point of sale, or in a room or other place not accessed by customers (except for cigars in humidified rooms when the customer is accompanied by the supplier or an employee).

Tobacco vending machines are only permitted in liquor licensed venues at:

  • bar areas (provided that the use of the vending machine can be easily observed by staff working behind the bar);
  • casinos
  • gaming machine areas (provided the vending machine is not more than 1 metre from a gaming machine, and can be easily observed by staff).xv

Venues are prohibited from displaying smoking products, or advertising smoking products, in or on a vending machine.xvi

11.4.5 South Australia

The two main pieces of legislation that affect the advertising and promotion of tobacco products in South Australia are the Tobacco Products Regulation Act 199710 and the Tobacco Products Regulations 200411. All activities intended to publicise or promote the purchase or use of tobacco products are banned. This includes advertising and promotional material at point of sale, and the display of tobacco products in retail outlets.xvii The offer of prizes, gifts or other benefits in association with the sale of a tobacco product is prohibited. From 1 June 2008, customer reward or loyalty schemes in connection with the sale of tobacco products were also prohibited.xviii

11.4.5.1 Mobile tobacco sales

Tobacco vendors typically dressed in bright tobacco company colours who approach young patrons in nightclubs—offering tobacco products for sale—had been a common form of promotion in South Australia. On 6 December 2004 the use of mobile displays such as tobacco trays was banned.

11.4.5.2 Split cigarette packets

The South Australian Government introduced an amendment to the Tobacco Products Regulations 2004 to prohibit the sale of cigarette packets that are designed to be divided into portions that contain fewer than 20 cigarettes each, commonly known as 'split packets'. Such packages were declared prohibited via a notice in the South Australian Gazette on 9 November 2006 and the ban came into effect on 10 November 2006.12

11.4.5.3 Products appealing to children

On 1 November 2006, the South Australian Government banned the sale of tobacco products that have a distinctive fruity, sweet or confectionery character.13 (See Figure 11.4.1 for an example of banned product, the DJ Mix brand.) The display of fruit or confectionery flavoured cigarettes at point of sale, and the inclusion of such cigarettes on price tickets or price boards was banned with effect from 10 April 2008.xix

 

Figure 11.4.1

Figure 11.4.1
DJ Mix flavoured cigarettes that are banned for sale in South Australia

11.4.5.4 Display of tobacco products

The number of tobacco points of sale per premises was limited on 31 March 2006, with all non liquor licensed premises limited to one point of sale and liquor licensed premises limited to a maximum of five points of sale.

The display of tobacco products has been banned in South Australia since 1 January 2012.xx Tobacco products must not be visible from anywhere inside or outside a retail outlet. Retailers are permitted to display one notice (in the form prescribed by the Regulations), which notifies customers that the retailer sells tobacco. The temporary display of tobacco products during genuine re-stocking, or at the request of a customer, is permitted. In addition, the incidental viewing of a tobacco product during the sale of the product is permitted.

Display of price tickets is permitted, but must comply with the Regulations. The Regulations prescribe the size, colour and information that can be displayed on price tickets. A single price board (in the form prescribed by the Regulations) is also permitted.

The ban on display of tobacco products also applies to vending machines and duty free shops.

11.4.6 Tasmania

The control of the marketing and promotion of tobacco products in Tasmania falls under the Public Health Act 1997 (Tas)14 and the Guidelines for the Sale of Tobacco Products in Tasmania ('the Guidelines'), In addition to banning overt advertising and promotion, including at point of sale, the Public Health Act 1997 and the Guidelines contains restrictions on the display of tobacco products, including the following:xxi

  • The permanent display of tobacco products is not permitted.
  • Retailers may temporarily display up to one square metre of tobacco products in certain limited circumstances (for example, when restocking a plain sales unit with tobacco products, or when removing tobacco products from a plain sales unit for immediate sale).
  • Tobacco products may only be sold from plain sales units or concealed storage facilities. A plain sales unit must not have any colour coding or design which makes it stand out, and must not have any enhancements such as lights, mirrors, holograms, turntables or spotlights. In addition, it must not have any wording, trademarks or colour schemes usually used in the packaging of tobacco products.
  • A plain sales unit must not be located within 75 centimetres of any confectionary or product that is designed or marketed for the use of children.
  • A plain sales unit must not face towards a window or public entrance, unless it is at a right angle to the plane of the public entrance or external window, or is at least two metres away.
  • Retailers must not display empty packages or packages of any tobacco product.

The following information may be permanently displayed on a plain sales unit:

  • A single ‘product availability notice’, notifying customers that the retailer sells tobacco products. The notice must be in the prescribed form.
  • A single price board, which must also be in the prescribed form.

No other product or pricing information may be displayed on a plain sales unit.

Specialist tobacconists in Tasmania may display up to four square metres of ‘ancillary’ tobacco products in a single area. Ancillary tobacco products include products such as cigarette papers, cases and ashtrays. Products such as matches and lighters may be displayed outside the four square metre area of ancillary products. Specialist tobacconists may display a price board (in the form prescribed by regulations), but must not display a ‘product availability notice'.xxii

 
11.4.6.1 Displaying graphic warnings at tobacco display

In 2004 (prior to the introduction of the existing ban on display of tobacco products) a statutory requirement was issued to all licensed tobacco retailers in Tasmania to display a specific graphic health warning on any retail tobacco display. The diseased mouth graphic warning is the same one as appears on the cigarette packets themselves (Figure 11.4.2). 

One outcome of this requirement was that 40 Tasmanian retailers, including one of Australia's two major supermarket chains (Coles), voluntarily moved their tobacco products entirely out of public sight to avoid displaying the graphic warning. This unexpectedly provided evidence for the technical and financial feasibility of requiring all retailers to move their tobacco products out of sight.15 The complete ban on display of tobacco products in retail outlets was subsequently introduced and commenced in February 2011 (except for specialist tobacconists). From 1 March 2012, new laws came into effect which extended the ban on display of tobacco products to cover specialist tobacconists (with an exception for ancillary tobacco products).

 

Figure 11.4.2

Figure 11.4.2
Graphic warning required at the retail tobacco display in Tasmania

Source: Figure 5, Selling Tobacco Products in Tasmania, A Guide to Tasmanian Legislation http://www.dhhs.tas.gov.au/__data/assets/pdf_file/0019/53803/Selling_Tobacco_Products_in_Tasmania.pdf

11.4.7 Victoria

Two pieces of legislation restrict the marketing and promotion of tobacco in Victoria, the Tobacco Act 1987 (Vic)16 and the Tobacco Regulations 2007 (Vic).17

The Tobacco Act 1987 was the first legislation in Australia to ban advertising outdoors on billboards and shops, and was at the time one of the most far-reaching government tobacco control initiatives anywhere in the world.18 While it didn't go so far as to ban advertising through sponsorship of sport, it did establish a health promotion levy that was used by the Victorian Health Promotion Foundation to offer sporting groups in the state alternative funding to promote health messages such as Quit and Sunsmart, a model shortly afterwards copied in South Australia and Western Australia—refer Section 15.2 Facts and Issues, 1995.19

On 1 March 2006, significant amendments came into effect that strengthened restrictions on the sale and advertising of tobacco. In summary, the amendments affecting advertising and promotion included:20

  • banning smoking, the promotion of tobacco products and the sale of tobacco products at underage 'music/dance' events
  • widening the definition of 'tobacco advertisement' to include non-branded advertising, buzz marketing (as defined by the Act) and the advertising of cigarette papers
  • banning 'buzz marketing' and non-branded tobacco advertising.

Further significant amendments to the Act were made in August 2009 with the passing of the Tobacco Amendment (Protection of Children) Act 2009 (Vic). The amendments provide for:

  • a ban on the display of tobacco products at point of sale from 1 January 2011, with an exemption for certified 'specialist tobacconists'
  • a prohibition on the sale of tobacco products from temporary outlets
  • a power for the Minister for Health to ban the sale of certain tobacco products and packaging that appeal to young people.

11.4.7.1 Underage 'music/dance' events

An underage 'music/dance' event is defined in the Victorian legislation as an event that:21

  • involves the provision of music (whether live or recorded and whether for listening to or dancing to or both)
  • is predominantly organised or intended for, or predominantly attended by persons under the age of 18 years
  • is open to members of the public (whether with or without payment)
  • takes place in any area or premises other than a private residence.

Examples of events that which are affected include:

  • 'FReeZa'xxiii events
  • 'Blue Light' discosxxiv
  • underage events held at licensed premises
  • school-run events.

All people who attend the event are prohibited from smoking, including adults and young people. This also applies to all outdoor areas of underage 'music/dance' events. Tobacco products cannot be sold at these events. Event organisers must ensure that cigarette vending machines, tobacco advertisements and tobacco displays are completely covered in an opaque material or removed while an underage 'music/dance' event is taking place.

11.4.7.2 Buzz marketing and non-branded advertising

The Victoria Department of Human Services defines buzz marketing as the use of colours, images and props to create an environment consistent with a brand's identity or reminiscent of previous tobacco advertising.22 As noted further above, buzz marketing has been banned in Victoria since 2006. Previously, buzz marketing was generally undertaken in nightclubs, at dance events, fashion events, or other similar events. After branded tobacco advertising was prohibited in shops that sell tobacco, many traditional advertisements were replaced with non-branded 'suggestive' methods to promote tobacco use. Non-branded tobacco advertising includes backlit posters directly above cigarette displays, depicting images of smoking paraphernalia such as matches and lighters (Figure 11.4.3). Although these posters did not promote a particular brand of tobacco, they were considered likely to be attractive to the eye and it was thought they may encourage and promote the consumption of tobacco. Non-branded tobacco advertisements were therefore prohibited. Additionally, advertisements of 'cheap' or 'discount' cigarettes are also prohibited.

 

Figure 11.4.3

Figure 11.4.3
Non-branded tobacco advertising at tobacco point of sale

11.4.7.3 Display restrictions

The Tobacco Act 1997 (Vic) includes restrictions on how tobacco products can be displayed. From 1 January 2011, tobacco products must be kept out of sight at all retail outlets other than certified specialist tobacconists and on-airport duty free outlets.xxv

Where displays are permitted, they must comply with the following restrictions:

  • only one packet of each tobacco product line may be shown. Different size packages are not treated as different product lines
  • cartons may not be displayed. An exception to this applies in the case of duty free outlets beyond the customs barrier at Melbourne Airport, which are permitted to display cigarette cartons
  • price tickets and price boards are permitted subject to the restrictions outlined in the regulations as to the size, format and information that may be included
  • the total display area for advertising tobacco products must not be larger than four square metres
  • no lights or other accents are permitted as part of the display
  • a black and white health warning/smoking cessation sign must be displayed either at the entrance or near the tobacco display.

11.4.8 Western Australia

In Western Australia, tobacco advertising and promotion is controlled through the Tobacco Products Control Act 2006 (WA)23 and the Tobacco Products Control Regulations 2006 (WA).24

The Tobacco Products Control Act 2006 (WA) repealed the 1990 Act.xxvi The Tobacco Products Control Amendment Act 2009 (WA)25 was assented to on 22 September 2009, and amended the Act to introduce new restrictions in specific places and on tobacco displays.

The Tobacco Products Control Act 2006 (WA) includes provisions that ban advertising, promotion and sponsorship. Advertising is banned at point of sale unless the advertisement only advises about the availability of tobacco for sale; advertising of any price discounting is not permitted. Prizes and competitions are banned and no free samples can be distributed. Mobile sellers, defined as people carrying tobacco products, are prohibited.xxvii Only one point of sale per retailer is permitted.xxviii The sale of cigarettes in packets of fewer than 20 is prohibited.xxix Vending machines are permitted only in licensed premises or mining amenities.xxx

11.4.8.1 Restriction of tobacco product displays

Under the Tobacco Products Control Act 2006 (WA)23 as amended by the Tobacco Products Control Amendment Act 2009,25 the display of a tobacco product, package or smoking implement in retail premises other than specialist tobacco retail premises is prohibited.

11.4.8.2 Summary of national legislation restricting promotion of tobacco products

Table 11.4.1
Overview of advertising restrictions by state and territory

 

Point-of-sale advertising

Display bans

Promotions, contests and giveaways

Mobile (transportable) tobacco sales

Vending machines

Other

Implementation date

Exemptions

Australian Capital Territory

Prohibited

For general retailers – 1 January 2010

For specialists tobacconists – 1 January 2011

 

Prohibited

No prohibition

Prohibitedxxxi

 

New South Wales

Prohibited

For large retailers  1 January 2010

Other retailers – 1 July 2010

Specialist tobacconists  1 July 2013 

 

Prohibited

Prohibited

Restricted to licensed premises

Single machine per premises

Seller must operate

Packages cannot bear images that appeal to children or images of people, cartoons, or holograms

Northern Territory

Prohibited

2 January 2011

 

Prohibited

Prohibited

Restricted to licensed premises, buyer operated

 

Queensland

Prohibited

18 November 2011

 

Prohibitedxxxii

Prohibited

Restricted to licensed premises, buyer operated

 

South Australia

Prohibited

1 January 2012

 

Prohibited

Prohibited

Seller must operate

 

Tasmania

Prohibited

1 February 2011

Specialist tobacconists (limited exemptions)

Prohibited

No prohibition

Seller must operate

 

Victoria

Prohibited

1 January 2011

Specialist tobacconists

Prohibited

n/a
(buzz marketing is banned)

Restricted to licensed premises, buyer operated

Buzz marketing and non-branded advertising banned

Smoking and the sale of tobacco banned from underage music events

Western Australia

Prohibited

22 September 2010

Specialist tobacconists

Prohibited

Prohibited

Restricted to licensed premises, buyer operated

  

i Tobacco Act 1927 (ACT) s.21. See also: http://www.legislation.act.gov.au/ni/2009-53/current/pdf/2009-53.pdf for declaration of prohibited products.

ii Tobacco Act 1927 (ACT) s.10 states that a smoking product at a point of sale for a retail or wholesale outlet must be stored out of view of the outlet's customers. Ibid s.101 outlines the commencement details for the new point of sale provisions. See Ibid s.101(2) for the definition of 'Specialist Tobacconist'

iii See Tobacco Act 1927 (ACT) s.101(2) for the definition of 'Specialist Tobacconist'

iv Restrictions on the number of points of sale are set out in s.8 of the Tobacco Act 1927 (ACT)

v For additional information on the history of tobacco advertising legislation in New South Wales see: Chapman S. Anatomy of a campaign: the attempt to defeat the NSW Tobacco Advertising Prohibition Bill 1991. Tobacco Control 1992;1:50-6.

vi Public Health (Tobacco) Act 2008 (NSW) s.10

vii Public Health (Tobacco) Regulation 2016 (NSW) r.8

viii Public Health (Tobacco) Act 2008 (NSW) s.9 provides that an occupier must ensure that members of the pubic cannot see any tobacco products or non-tobacco smoking products that are available for sale from inside or outside the premises. Retailers that employed more than 50 people immediately before the introduction date had until 1 January 2010 to comply, and other retailers (excluding specialist tobacconists) had to comply from 1 July 2010.

ix Public Health (Tobacco) Regulation 2016 (NSW) r.13

x Public Health (Tobacco) Regulation 2016 (NSW) r.16

xii See sections 24 and 25

xiii Tobacco Control Legislation Amendment Act 2010 (NT) clause 20

xiv Tobacco Control Act (2002) (NT) s.20

xv Tobacco and Other Smoking Products Act 1998 (Qld), s 15.

xvi Tobacco and Other Smoking Products Act 1998 (Qld), s26IA.

xvii For additional information on the history of tobacco advertising legislation in South Australia see: Chapman S and Reynolds C. Regulating tobacco - The South Australian Tobacco Products Control Act 1986. Community Health Studies 1987;11(suppl):9-15.

xviii Tobacco Products Regulation Act 1997 (SA) s.42 http://www.austlii.edu.au/au/legis/sa/consol_act/tpra1997293/

xix Tobacco Products Regulations 2004 (SA) r.6

xx Tobacco Products Variation Regulations 2011 amended the Tobacco Products Regulations 2004 to completely ban the display of tobacco products at retail outlets

xxi See 'Tobacco Retailers Guide: From 1 March 2012' prepared by the Tasmanian Department of Health and Human Services (available at: http://www.dhhs.tas.gov.au/peh/tobacco_control?a=53803)

xxii See ‘Tobacco Retailers Guide: From 1 March 2012’ prepared by the Tasmanian Department of Health and Human Services (available at: http://www.dhhs.tas.gov.au/peh/tobacco_control?a=53803

xxiii FReeZa events are for young Victorians to enjoy live band gigs and dance parties in drug and alcohol-free, supervised, safe and secure venues. http://www.freeza.vic.gov.au/info/info.htm

xxiv Blue Light aims to assist the police to 'rectify the imbalance of pro-active and re-active policing among young people'. It provides young people 'with positive alternatives and strategies to avoid becoming an offender or victim of crime'. The discos are held in community venues and supervised by the police.

xxv Tobacco Amendment (Protection of Children) Act 2009 s.2 and s.5

xxvi An overview of the events leading to the enactment of the Tobacco Products Act 1990 can be read in: Musk AW, Shean R, Walker N, Swanson M. Progress on smoking control in Western Australia. British Medical Journal. 1994;308:3958.

xxvii Tobacco Products Control Act 2006 (WA) s.28

xxviii Tobacco Products Control Act 2006 (WA) s.20

xxix Tobacco Products Control Act 2006 (WA) s.21

xxx Tobacco Products Control Act 2006 (WA) s.27

xxxi Prohibition on sale of smoking products by vending machine
(1) A person commits an offence if—
(a) the person places a vending machine on premises; and
(b) the vending machine is used, or is available for use, by members of the public.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if—
(a) the person occupies premises where there is a vending machine; and
(b) the vending machine is used, or is available for use, by members of the public.
Maximum penalty: 50 penalty units.

xxxii Unless the gift is available with another product as well

References

1. Tobacco (Prohibited Smoking Products), Department of Health ACT, Editor 2009. Available from: http://www.legislation.act.gov.au/ni/2009-53/current/pdf/2009-53.pdf

2. Public Health (Tobacco) Act 2008 (NSW). Available from: http://www.legislation.nsw.gov.au/viewtop/inforce/act+94+2008+FIRST+0+N/

3. Public Health (Tobacco) Regulation, Department of Health NSW, Editor 2009 (NSW). Available from: http://www.legislation.nsw.gov.au/viewPublic Health (Tobacco) Regulation 2009top/inforce/subordleg+294+2009+FIRST+0+N/

4. Tobacco Control Act 2002 (NT). Available from: http://notes.nt.gov.au/dcm/legislat/Acts.nsf/84c76a0f7bf3fb726925649e001c03bb/f8c75880f46ac4dc69256c54007caa1a?OpenDocument&ExpandSection=4.1#_Section4.1

5. Tobacco Control Regulations, 2002 (NT). Available from: http://notes.nt.gov.au/dcm/legislat/Acts.nsf/82d4ce7bedc4293169256bf90000aa68/757df58e4f56552469256c8d000cdae6?OpenDocument

6. Tobacco Control Legislation Amendment Act (NT) 2010. Available from: http://notes.nt.gov.au/dcm/legislat/Acts.nsf/84c76a0f7bf3fb726925649e001c03bb/6791e9c4441a82076925771b0004465c?OpenDocument

7. Tobacco and Other Smoking Products Act 1998 (Qld). Available from: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TobacoPrPrSuA98.pdf

8. Tobacco and Other Smoking Products Regulation (Qld), Department of Health Queensland, Editor 2010. Available from: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TobaccoOSmPrR10.pdf

9. Tobacco and Other Smoking Products Amendment Act 2004 (Qld). Act no. 47 Available from: http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2004/04AC047.pdf

10. Tobacco Products Regulation Act 1997 (SA). Available from: http://www.austlii.edu.au/au/legis/sa/consol_act/tpra1997293/

11. Tobacco Products Regulations, 2004 (SA), Government of South Australia. Available from: http://www.legislation.sa.gov.au/LZ/C/R/TOBACCO%20PRODUCTS%20REGULATIONS%202004.aspx

12. Department of Health South Australia. Tobacco control in South Australia. Adelaide: Department of Health South Australia 2006, Last update: viewed. Available from: http://www.tobaccolaws.sa.gov.au/Default.aspx?tabid=96

13. Government of South Australia. News: Fruit flavoured cigarettes banned in SA. Government of South Australia, Editor 2006. Available from: http://www.premier.sa.gov.au/news.php?id=862

14. Public Health Amendment Act 67H(2) 2007 (Tas). Available from: http://www.austlii.edu.au/au/legis/tas/consol_act/pha1997126/

15. Bicevskis M. Graphic point-of-display tobacco health warnings in Tasmania: expected and unexpected benefits. 13th World Conference on Smoking OR Health. Helsinki, 2006. Available from: http://2006.confex.com/uicc/wctoh/techprogram/P5024.HTM

16. Tobacco Act 1987 (Vic). Available from: http://www.austlii.edu.au/au/legis/vic/consol_act/ta198773/

17. Anon. Canadian Supreme Court ruling upholds strong tobacco control laws, should spur similar efforts globally. Statement of Matthew L. Myers, President, Campaign for Tobacco-Free Kids. PRNewswire, 2007. Available from: http://pqasb.pqarchiver.com/prnewswire/access/1296242381.html?dids=1296242381:1296242381&FMT=ABS&FMTS=ABS:FT&type=current&date=Jun+28%2C+2007&author=&pub=PR+Newswire&edition=&startpage=n%2Fa&desc=Canadian+Supreme+Court+Ruling+Upholds+Strong+Tobacco+Control+Laws%2C+Should+Spur+Similar+Efforts+Globally%3B+Statement+of+Matthew+L.+Myers+President%2C+Campaign+for+Tobacco-Free+Kids

18. Powles J, W and Gifford S. Health of nations: lessons from Victoria, Australia. British Medical Journal 1993;306(9 January):1256. Available from: http://www.ncbi.nlm.nih.gov/pubmed/8435611

19. Winstanley M, Woodward S and Walker N. Tobacco in Australia: facts and issues, 1995. 2nd edn. Carlton South: Victorian Smoking and Health Program, 1995. Available from: http://www.quit.org.au/quit/FandI/welcome.htm

20. Department of Human Services. New tobacco laws: an overview. Melbourne: Victorian Government 2005, viewed 22 April 2007. Available from: http://www.health.vic.gov.au/tobaccoreforms/downloads/overview_factsheet.pdf

21. Department of Human Services. New tobacco laws: underage 'music/dance' events. Melbourne: Department of Human Services 2005, viewed 24 April 2007. Available from: http://www.health.vic.gov.au/tobaccoreforms/downloads/underage_events_factsheet.pdf

22. Department of Human Services. New tobacco laws: banning of 'buzz marketing' and non-branded tobacco advertising. Melbourne: Department of Human Services 2005, viewed 22 April 2007. Available from: http://www.health.vic.gov.au/tobaccoreforms/downloads/buzz_marketing_factsheet.pdf

23. Tobacco Products Control Act 2006 (WA). Available from: http://www.austlii.edu.au/au/legis/wa/consol_act/tpca2006271/

24. Tobacco Products Control Regulations, 2006 (WA). Available from: http://www.austlii.edu.au/au/legis/wa/consol_reg/tpcr2006380/

25. Tobacco Products Control Amendment Act 2009 (WA). Available from: http://www.austlii.edu.au/au/legis/wa/num_act/tpcaa200922o2009397/

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