Tobacco and E-Cigarette Products Act 1997 (SA)

South Australia Tobacco and E-Cigarette Products Act 1997 An Act to regulate tobacco products and e‑cigarette products, and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects of Act 4 Interpretation 5 Definition of e‑cigarette product and related terms 5A Provisions governing whether person is fit and proper Part 2—Licences 6 Requirement for licence 7 Licences 8 Application for licence to be given to Commissioner of Police 9 Conditions of licence 10 How licences are to be held 11 Annual fee and return 12 Notification of certain changes in holder of licence 13 Surrender of licence Part 3—Offences Division 1—Offences relating to tobacco products 30 Restrictions on sale of tobacco products 31 Requirements for packaging tobacco products 32 Prohibition on sale or supply of certain tobacco products 33 Possession of certain tobacco products 34A Prohibited tobacco products 35 Sale of sucking tobacco 36 Products designed to resemble tobacco products 37 Sale of tobacco products by vending machine 38 Carrying tray etc of tobacco products for making of successive retail sales Division 2—Offences relating to e‑cigarette products 39A Offence relating to sale or supply of e‑cigarette products 39B Offence relating to possession of e‑cigarette products Division 3—Prohibited products 39C Prohibited products Division 4—Offences relating to children 39D Sale or supply of tobacco products by children 39E Sale or supply of certain products to children Division 5—Offences relating to promotion of tobacco products and e‑cigarette products 40 Certain advertising prohibited 41 Prohibition of certain sponsorships 42 Competitions and reward schemes etc 43 Free samples 45 Business promotions to attract smokers Part 4—Restrictions on smoking 46 Smoking banned in enclosed public places, workplaces and shared areas 48 Smoking in motor vehicle if child present 49 Smoking banned in certain public transport areas 50 Smoking banned near certain playground equipment 51 Smoking banned in certain public areas—short term bans 52 Smoking banned in certain public areas—longer term bans Part 5—Investigations 63 Appointment of authorised officers 64 Identification of authorised officers 65 Power to require information or records or attendance for examination 66 Powers of authorised officers 66A Compliance direction 66B Embargo notices 67 Offence to hinder etc authorised officers 68 Self-incrimination 69 Powers in relation to seized records or things Part 6—Controlled purchase operations 69A Interpretation 69B Controlled purchase officer 69C Controlled purchase operation Part 6AA—Closure orders 69CA Interpretation 69CB Interim closure order 69CC Long term closure order 69CD Tobacco or e‑cigarette products not to be sold or supplied at closed premises Part 6A—Disciplinary action against holder of licence 69D Cause for disciplinary action 69E Compliance notice 69F Default notice 69G Disciplinary action 69H Effect of criminal proceedings Part 6B—Review 69I Review by Minister 69J Review by SACAT Part 7—Miscellaneous 70A Confiscation of products from children 70AB Power to require evidence of age 71 Exemptions 72 Delegation 73 Register 75 False or misleading information 76 Minister may require verification of information 76A Enforceable voluntary undertakings 77 Criminal intelligence 78 Disclosure of information 79 General defence 81 Vicarious liability 82 Prosecutions 82A Court may make certain orders 83 Expiation notices may be given to certain children 85 Evidence 86 Imputation of conduct or state of mind of officer, employee etc 86A Immunity 86B Exclusion of compensation 87 Regulations and fee notices Schedule 1—Controlled purchase operations—prescribed provisions Legislative history