STATE LEGISLATION AT A GLANCE

NEW SOUTH WALES

In New South Wales, supplementary legislation to the Commonwealth laws include the Public Health Act 1991, including regulations under this Act, and the Smoke Free Environment Act. The NSW government established the Joint Select Committee on Tobacco Smoking on 8 March 2006 to inquire into and report on tobacco smoking in NSW. Click here to review submissions to the Tobacco Smoking in New South Wales Inquiry 2006. Click here to review the final report, which makes 26 recommendations and was tabled on 30 June 2006.

Public Health Act 1991
Prescribes the minimum purchase age for tobacco products (Sect. 59); stipulates the legal location of tobacco vending machines (Sect. 61F); prohibits the sale of confectionary or toys that resemble tobacco products (Sect. 61G); health warnings (Sect. 55 and 56), etc.

Public Health (Tobacco) Regulation 1999
In force under the Public Health Act 1991, covers advertising on packaging, health warnings, retail outlet displays.

Smoke-Free Environment Act 2000
Promotes public health by reducing exposure to tobacco and other smoke in enclosed public places.

VICTORIA

Key legislation in Victoria concerning tobacco, particularly promotion, include the Tobacco Act 1987 and regulations under this act.

The Victorian government has implemented a number of tobacco reforms. The new laws are designed to prevent youth smoking by minimising influences on initiation and reducing access to tobacco; reduce the harms caused from passive smoke; and improve the operation and enforcement of the Tobacco Act 1987. Reforms relating to secondhand smoke include:

• From 1 March 2006
  * Smoking will be banned in most enclosed workplaces
  * Smoking will be banned in covered areas of train station platforms, tram stops and bus stops
  

• From 1 July 2007
  * Smoking will be banned in enclosed licensed premises (pubs, clubs)
  

Tobacco Act 1987
Prohibits certain sales or promotion of tobacco products and established the Victorian Health Promotion Foundation.

Tobacco (Labelling) Regulations 1999
Prescribes labelling requirements for retail packaging of tobacco for the purposes of section 11 of the Tobacco Act 1987. Revokes the Tobacco (Cigarette Packaging Labels) Regulations 1993.

Tobacco Regulations 1997
Prescribes the form of warning notices on vending machines.

Tobacco (Victorian Health Promotion Foundation) Regulations 1997
Appoints members of the Victorian Health Promotion Foundation.

AMENDMENT ACTS AND REGULATIONS - GENERAL

Tobacco Further (Amendment) Act 2001

Tobacco Amendment Act 2000

Tobacco (Amendment) Regulations 2001

Tobacco (Amendment) Regulations 1998

AMENDMENT ACTS AND REGULATIONS - SPORTS EVENTS

Tobacco (Grands Prix Events) Regulations 2001
Prescribed the restrictions that applied to the advertising of tobacco products at the 2001 Qantas Australian Motorcycle Grand Prix at Phillip Island and the 2002 Australian Grand Prix at Albert Park.

Tobacco (Grands Prix Events) Regulations 2000
Prescribed the restrictions that applied to the advertising of tobacco products at the 2000 Australian Motorcycle Grand Prix at Phillip Island and the 2001 Australian Grand Prix at Albert Park.

Tobacco (Grands Prix Events) Regulations 1999
Prescribed the restrictions that applied to the advertising of tobacco products at the 1999 Australian Motorcycle Grand Prix at Phillip Island and the 2000 Qantas Australian Grand Prix at Albert Park.

Tobacco (Australian Motorcycle Grand Prix) Regulations 1998
Prescribed the restrictions that applied to the advertising of tobacco products 1998 Australian Motorcycle Grand Prix.

Tobacco (1999 Australian Grand Prix) Regulations 1998
Prescribed the restrictions that applied to the advertising of tobacco products at the 1999 Australian Grand Prix.

Tobacco (Australian Grand Prix) Regulations 1998
Prescribed the restrictions that applied to the advertising of tobacco products at the 1998 Australian Grand Prix.

Tobacco (Australian Motorcycle Grand Prix) Regulations 1997
Prescribed the restrictions that applied to the advertising of tobacco products at the 1997 Australian Motorcycle Grand Prix.

QUEENSLAND

Tobacco and Other Smoking Products Act 1998
Reprinted as in force on 28 March 2003 (includes commenced amendments up to 2003 Act No. 9) An Act to restrict the supply of tobacco and other smoking products to children, to restrict advertising and promotion of tobacco and other smoking products, to prohibit smoking in certain places, and for other purposes. Click here to review superseded versions. The Act was first passed under the title Tobacco Products (Prevention of Supply to Children) Act 1998.

Tobacco and Other Smoking Products Regulation 1998
Reprinted as in force on 7 June 2002 (includes amendments up to SL No. 117 of 2002). Click here to review superseded versions.

The Tobacco and Other Smoking Products (Prevention of Supply to Children) Amendment Bill 2001 was passed by the Queensland Parliament on 3 May 2001 and is effective from 31 May 2002. This legislation forms an important part of the Queensland Tobacco Action Plan 2000/01 to 2003/04. It includes measures to restrict smoking in enclosed places, further restrictions on tobacco advertising and limiting the placement of tobacco vending machines to bar and gaming liquor licensed venues.

The Queensland Government commenced a review of the Tobacco and Other Smoking Products Act (1998) in November 2003. Click here to read the Tobacco and Other Smoking Products Act 1998 Review discussion paper.

Health Act 1937

• ban the display of tobacco advertising at point-of-sale or the distribution of objects containing tobacco advertisements;
• require retailers to check for ID when selling tobacco products;
• prohibit the sale of tobacco papers, pipes and other tobacco smoking implements to people under 18;
• double the previous penalties for people caught selling cigarettes to children;
• restrict cigarette vending machines to licensed premises and mine sites only;
• prohibit hawkers of tobacco products;
• ban the advertising of price discounting on tobacco products; and
• regulate the sale and promotion of herbal cigarettes and prohibit the sale of confectionery and toys resembling cigarettes.