Tobacco and Other Smoking Products Act 1998 Tobacco and Other Smoking Products Regulation 2010 Part 1 Preliminary 1 Short title This regulation may be cited as the Tobacco and Other Smoking Products Regulation 2010 . 1A Definitions In 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 4 amd 2014 SL No. 201 s 7 Part 2 Promotion of smoking products Division 1 Smoking related products 2 Smoking related products—Act, s 25 For section 25 of the Act, definition smoking related product, each of the following is prescribed—

(a) cigarette papers;

(b) cigarette filters;

(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 2 Price tickets and other indicators of price 3 Price 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; and Example 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;

(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;

(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 5 4 Price 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; and Example of a font size, style and typeface—

10 point, 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;

(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

(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 6 5 Other indicator of price for a tobacco product vending machine—Act, s 26ID For 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;

(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 machine Division 3 Price boards div 3 (s 6) om 2011 SL No. 229 s 7 6 Price board—Act, s 26H div 3 (s 6) om 2011 SL No. 229 s 7 Part 3 Particular signs Division 1 Mandatory and permitted signs div hdg prev pt 3 div 1 hdg om 2011 SL No. 229 s 8 pres pt 3 div 1 hdg ins 2011 SL No. 229 s 9 7 Display of warning message, graphic and explanatory message—Act, s 26F s 7 om 2011 SL No. 229 s 8 8 Form 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 9 amd 2014 SL No. 201 s 8 9 Form 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

(d) not be underlined; and

(e) be in black on a white background.

s 9 sub 2011 SL No. 229 s 9 10 Display of mandatory sign by supplier A 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 9 11 Attachment of mandatory sign for tobacco product vending machine—Act, s 26IF For 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 9 Division 2 No smoking signs div hdg (prev pt 3 div 3 hdg) renum 2011 SL No. 229 s 10 12 Form 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. 13 Display 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 4 Part 4 Smoke-free outdoor places 14 Prescribed outdoor swimming areas—Act, s 26ZI Each of the areas described in schedule 1 is a prescribed outdoor swimming area. 15 Prescribed government precinct—Act, s 26ZD(2)(b) For section 26ZD(2)(b) of the Act, the following land is prescribed—

(a) the land adjoining the buildings (known as 1 William Street) situated on lot 538 on crown plan B32367;

(b) land, including a footpath, that—

(i) is adjacent to the land mentioned in paragraph (a); and

(ii) extends to the kerb of the road or to lot 530 on crown plan SL7738;

(d) land adjacent to the land mentioned in paragraph (c), including a footpath, that extends to the kerb of the road or to lot 538 on crown plan B32367.

s 15 sub 2016 SL No. 145 s 5 Part 5 Prohibited products 16 Display of hookahs—Act, s 26ZQA For section 26ZQA of the Act, the number of hookahs prescribed is 3. Part 6 Repeal provision 17 Repeal The Tobacco and Other Smoking Products Regulation 1998, SL No. 112 is repealed. Part 7 Transitional provision pt 7 (s 18) ins 2014 SL No. 201 s 9 18 Transitional provision for form of mandatory sign Despite 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. pt 7 (s 18) ins 2014 SL No. 201 s 9 Schedule 1 Prescribed outdoor swimming areas section 14 Airlie Beach Lagoon

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