Tobacco and Other Smoking Products Act 1998Reprint noteThis is the last reprint before expiry. Expired on 31 August 2021. See SIA s 54(2) and SIR s 3 sch 2 pt 2.Tobacco and Other Smoking Products Regulation 2010Part 1Preliminary1Short titleThis regulation may be cited as the Tobacco and Other Smoking Products Regulation 2010.1ADefinitionsIn this regulation—mandatory sign means a sign complying with the requirements stated in section 8.style includes a style with a bold, italic or underlined appearance.s 1A ins 2011 SL No. 229 s 4amd 2014 SL No. 201 s 7Part 2Promotion of smoking productsDivision 1Smoking related products2Smoking related products—Act, s 25For section 25 of the Act, definition smoking related product, each of the following is prescribed—

(a)cigarette papers;

(b)cigarette filters;

(c)cigarette tubes;

(d)a cigarette rolling machine;

(e)a handheld machine for injecting tobacco into paper tubes;

(f)cigar or cigarette holders;

(g)cigarette tips;

(h)a cigar cutter.

Division 2Price tickets and other indicators of price3Price ticket for relevant point of sale—Act, s 26E(1)For section 26E(2)(b) of the Act, a price ticket for a smoking product—

(a)must be no more than 80mm x 40mm in size; and

(b)must be the same size and colour as the price tickets for all other smoking products being sold at the same retail outlet; and

(c)must have the same font size, style and typeface as the price tickets for all other smoking products being sold at the same retail outlet; andExample of a font size, style and typeface—10 point, bold and Times New Roman

(d)if the price ticket is for an immediate package of a product line, may only display—

(i)words that indicate any of the following—

(A)the name of the product line;

(B)the number of items in the immediate package;

(C)the price of the immediate package;

(D)the country of origin of the product line; and

(ii)a bar code, or similar identification code, for the product line; and

(e)if the price ticket is for a carton of a product line, may only display—

(i)words that indicate any of the following—

(A)the name of the product line;

(B)the number of immediate packages in the carton;

(C)the price of the carton;

(D)the country of origin of the product line; and

(ii)a bar code, or similar identification code, for the product line.

(2)The words, bar code or similar identification code displayed on the price ticket must be—

(a)in white on a black background; or

(b)in black on a white background.

(3)Subsection (4) applies, if, in a retail outlet, price tickets for goods other than smoking products have information about the goods in 1 colour (the information colour) on a background of another colour (the background colour).(4)Despite subsection (2), a price ticket for a smoking product may display the words, bar code or similar identification code in the information colour on the background colour.s 3 amd 2011 SL No. 229 s 54Price ticket for tobacco product vending machine—Act, s 26ID(1)For section 26ID(1) of the Act, a price ticket for a tobacco product being sold from a tobacco product vending machine—

(a)must be no more than 80mm x 40mm in size; and

(b)must be the same size and colour as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; and

(c)must have the same font size, style and typeface as the price tickets for all other tobacco products being sold from the same tobacco product vending machine; andExample of a font size, style and typeface—

10point, bold and Times New Roman

(d)may only display—

(i)words that indicate any of the following—

(A)the name of a product line;

(B)the number of items in an immediate package;

(C)the price of an immediate package;

(D)the country of origin of a product line; and

(ii)a bar code, or similar identification code, for a product line.

(2)The words, bar code or similar identification code displayed on the price ticket must be—

(a)in white on a black background; or

(b)in black on a white background; or

(c)in any 1 colour on a background of any other 1 colour.

(3)All the price tickets for a tobacco product vending machine must be in the same 2 colours.s 4 amd 2011 SL No. 229 s 65Other indicator of price for a tobacco product vending machine—Act, s 26IDFor section 26ID(1) of the Act, an indicator of price, other than a price ticket, for a tobacco product being sold from a tobacco product vending machine may only display words that indicate any of the following—

(a)the name of a product line;

(b)the number of items in an immediate package;

(c)the price of an immediate package;

(d)the country of origin of a product line.

Example of an indicator of price other than a price ticket—an electronic display in a tobacco product vending machineDivision 3pt 2 div 3 hdg om 2011 SL No. 229 s 76s 6 om 2011 SL No. 229 s 7Part 3Particular signsDivision 1Mandatory and permitted signspt 3 div 1 hdg prev pt 3 div 1 hdg om 2011 SL No. 229 s 8pres pt 3 div 1 hdg ins 2011 SL No. 229 s 97s 7 om 2011 SL No. 229 s 88Form of mandatory sign—Act, ss 26HC and 26IF(1)For sections 26HC(1) and 26IF of the Act, a mandatory sign must—

(a)be at least 210mm x 297mm in size; and

(b)display only the following words in the following sequence—

‘It is an offence to supply a smoking product to a person under 18 years

Penalties apply

Proof of age may be required

Quitline 13 QUIT (13 7848)’.

(2)The words stated in subsection (1)(b) must be—

(a)at least 8mm in height; and

(b)in, or in a combination of, the following—

(i)white on a black background;

(ii)black on a white background.

(3)For subsection (1)(b), the words ‘Quitline 13 QUIT (13 7848)’ may be replaced by the following logo—(4)Nothing in this section prevents the sign displaying a reference to the State, the department or the Act.s 8 sub 2011 SL No. 229 s 9amd 2014 SL No. 201 s 89Form of permitted sign—Act, s 26HC(1)For section 26HC(2) of the Act, a permitted sign must—

(a)be no more than 210mm x 148mm in size; and

(b)display only the following words in the following sequence—‘Smoking products sold here’.

(2)The words stated in subsection (1)(b) must—

(a)be no more than 17mm in height; and

(b)be in Arial or Times New Roman typeface; and

(c)not be in bold or italics; and

(d)not be underlined; and

(e)be in black on a white background.

s 9 sub 2011 SL No. 229 s 910Display of mandatory sign by supplierA supplier must display a mandatory sign under section 26HC(1) of the Act, so that the sign is easily visible to a person purchasing a smoking product at the supplier’s relevant point of sale.s 10 sub 2011 SL No. 229 s 911Attachment of mandatory sign for tobacco product vending machine—Act, s 26IFFor section 26IF of the Act, a person in charge of a tobacco product vending machine must attach a mandatory sign to the front of the machine or near the machine, so that the sign is easily visible to a person obtaining a tobacco product from the machine.s 11 sub 2011 SL No. 229 s 9Division 2No smoking signspt 3 div 2 hdg (prev pt 3 div 3 hdg) renum 2011 SL No. 229 s 1012Form of no smoking sign—Act, s 26S(1)For section 26S of the Act, a no smoking sign—

(a)must display a symbol (a no smoking symbol) in the form of a circle and a diagonal line over a depiction of a cigarette and smoke; and

(b)may display any words that indicate smoking is not permitted.

(2)The no smoking symbol must be at least 70mm in diameter.(3)Nothing in subsection (1) prevents the sign displaying a reference to the State, the department or the Act.13Display of no smoking sign—Act, s 26S(1)For section 26S of the Act, a licensee of premises must display a prominent no smoking sign at the entrance to the premises.(2)In this section—prominent, for a no smoking sign, means easily visible to a person who is about to enter the premises.s 13 amd 2016 SL No. 145 s 4Part 4Smoke-free outdoor places14Prescribed outdoor swimming areas—Act, s 26ZIEach of the areas described in schedule 1 is a prescribed outdoor swimming area.15Prescribed government precincts—Act, s 26ZDFor section 26ZD(2) of the Act, definition government precinct, paragraph (b), the following land is prescribed—

(a)the following land—

(i)the land adjoining the buildings known as 1 William Street and within lot 538 on crown plan B32367;

(ii)land, including a footpath, that is adjacent to the land mentioned in subparagraph (i) and extends to the kerb of the road or to lot 530 on crown plan SL7738;

(iii)land on lot 530 on crown plan SL7738;

(iv)land adjacent to the land mentioned in subparagraph (iii), including a footpath, that extends to the kerb of the road or to lot 538 on crown plan B32367;

(b)the land adjoining the building known as 111 George Street and within lot 2 on RP640, lots 1, 2, 3 and 4 on RP43986 and lot 1 on RP641;

(c)the land adjoining the building known as 33 Charlotte Street and within lot 3 on SP102562;

(d)the land adjoining the building known as Education House, located at 30 Mary Street, Brisbane and within lot 14 on crown plan SL12186;

(e)the land adjoining the building known as 61 Mary Street and within lot 22 on RP178621;

(f)the land adjoining the building known as 63 George Street and within lot 23 on SP180748;

(g)the land adjoining the building known as 41 George Street and within lot 1 on RP159900;

(h)the land adjoining the building known as Claude Wharton Building, 46 Quay Street, Bundaberg and within lot 3 on SP131270;

(i)the land adjoining the building known as William McCormack Place, 5B Sheridan Street, Cairns and within lot 7 on SP146396;

(j)the land adjoining the building known as Mike Ahern Building, 12 First Avenue, Maroochydore and within lot 6 on SP207309;

(k)the land adjoining the building known as Brendan Hansen Building, 50-54 Main Street, Pialba and within lot 3 on SP108932;

(l)the land adjoining the building known as James Larcombe Place, 209 Bolsover Street, Rockhampton and within lot 1 on crown plan 801453;

(m)the land adjoining the building known as Government Office Building No. 3, 187-209 Stanley Street, Townsville and within lot 21 on crown plan EP2035;

(n)the land adjacent to the land mentioned in any of paragraphs (b) to (m), including a footpath, that extends to the kerb of the road.

s 15 sub 2016 SL No. 145 s 5; 2017 SL No. 59 s 3amd 2019 SL No. 40 s 1915APrescribed national parks—Act, s 26ZKE(1)(1)The following parts of all national parks are prescribed for section 26ZKE(1) of the Act—

(a)a camp site operated by the department responsible for the management of national parks;

(b)land within 10m beyond the boundary of a camp site mentioned in paragraph (a);

(c)a public facility operated by the department responsible for the management of national parks;

(d)land within 10m beyond a public facility mentioned in paragraph (c).

(2)Subsection (1) does not apply to—

(a)Naree Budjong Djara National Park; or

(b)Teerk Roo Ra National Park.

(3)In this section—camp site means land on which camping equipment or a tent, caravan or other camping structure is situated.public facility means—

(a)a barbecue; or

(b)a jetty, boat ramp or landing stage; or

(c)a picnic table; or

(d)a roofed shelter; or

(e)a toilet block; or

(f)a visitor information centre.

(4)For subsection (3), definition camp site, it does not matter whether a person is present at the camp site.s 15A ins 2016 SL No. 145 s 6Part 5Prohibited products16Display of hookahs—Act, s 26ZQAFor section 26ZQA of the Act, the number of hookahs prescribed is 3.Part 6Repeal provision17RepealThe Tobacco and Other Smoking Products Regulation 1998, SL No. 112 is repealed.Part 7Transitional provisionpt 7 hdg ins 2014 SL No. 201 s 918Transitional provision for form of mandatory signDespite section 8(1)(b), a mandatory sign may display the words ‘Maximum penalty $42,000’ in the place of the words ‘Penalties apply’ until 30 June 2015.s 18 ins 2014 SL No. 201 s 9Schedule 1Prescribed outdoor swimming areassection 14Airlie Beach Lagoon

•the body of water used by the public for swimming, known as the Airlie Beach Lagoon, situated off Broadwater Ave, Airlie Beach