South Australia
Tobacco Products Regulation Act 1997
An Act to regulate the sale, packing, importing, advertising and use of tobacco products; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
3	Objects of Act
4	Interpretation
4A	Independent Gambling Authority powers excluded
Part 2—Licences
6	Requirement for licence
7	Issue or renewal of licence
8	Licence term etc
9	Licence conditions
10	Form of application and licence fee
11	Cancellation or suspension of licence
12	Review of decision of Minister
13	Appeal
Part 3—Restrictions on supply or promotion of tobacco products
29	Application of Part
30	Sale of tobacco products by retail
31	Importing and packing of tobacco products
32	Tobacco products in relation to which no health warning has been prescribed
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
38A	Sale or supply of tobacco products to children
39	Power to require evidence of age
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
67	Offence to hinder etc authorised officers
68	Self-incrimination
69	Powers in relation to seized tobacco products
Part 6—Trial of nicotine replacement therapy to aid in quitting smoking
70	Trial of nicotine replacement therapy to aid in quitting smoking
Part 7—Miscellaneous
70A	Confiscation of tobacco products from children
71	Exemptions
72	Delegation
73	Register of licences
75	False or misleading information
76	Minister may require verification of information
77	Report from police
78	Confidentiality
79	General defence
81	Vicarious liability
82	Prosecutions
83	Expiation notices may be given to certain children
85	Evidence
86	Service
87	Regulations
Schedule—Transitional provision
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Tobacco Products Regulation Act 1997.
3—Objects of Act
In recognition of the fact that the consumption of tobacco products impairs the health of the citizens of the State and places a substantial burden on the State's financial resources, the objects of this Act are—
	(b)	to reduce the incidence of smoking and other consumption of tobacco products in the population, especially young people—
	(i)	by requiring health warnings to be displayed on tobacco products and otherwise disseminating information about the harmful effects of tobacco consumption;
	(ii)	by prohibiting the supply of tobacco products to children;
	(iii)	by encouraging non-smokers, especially young people, not to start smoking and encouraging and assisting smokers to give up smoking;
	(iv)	by prohibiting or limiting advertising, sponsorships and other practices designed to promote or publicise tobacco products and their consumption;
	(c)	to protect non-smokers from unwanted and unreasonable exposure to tobacco smoke.
4—Interpretation
	(1)	In this Act, unless the contrary intention appears—
act includes an omission; and to act has a corresponding meaning;
advertise tobacco products means take any action that is designed to publicise or promote tobacco products, smoking, or the sale of tobacco products, whether visual or auditory means are employed and whether tobacco products are directly depicted or referred to or symbolism of some kind is employed, and includes take any action of a kind prescribed by regulation, and tobacco advertisement and advertisement have corresponding meanings;
authorised officer means an authorised officer under Part 5;
child means a person under the age of 18 years;
consume, in relation to a tobacco product, means—
	(a)	smoke; or
	(b)	inhale (in the form of a powder); or
	(c)	chew or suck; or
	(d)	give away,
and consumer has a corresponding meaning;
employee has the same meaning as in the Occupational Health, Safety and Welfare Act 1986;
enclosed public place, workplace or shared area means—
	(a)	an enclosed public place; or
	(b)	an enclosed workplace; or
	(c)	an enclosed shared area;
grant includes renewal; and to grant includes to renew;
health warning, in relation to a tobacco product, means a warning prescribed by regulation (or by direction of the Minister under the regulations) for the purposes of this Act in relation to tobacco products of that class;
label includes information that is enclosed in or attached to or is provided with a package containing tobacco products but that does not comprise part of the package; and labelling and labelled have a corresponding meaning;
multi-unit premises means premises divided into parts that are in separate ownership or let or provided for separate occupation;
place includes a vehicle;
premises means—
	(a)	any land, building or structure; or
	(b)	any vehicle;
public area or public place means an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise);
purchase of tobacco products includes receipt of tobacco products in the course of a business (whether or not for valuable consideration);
record includes any book, document or writing and any other source of information compiled, recorded or stored by computer, microfilm or other process, or in any other manner or by any other means;
residential premises means—
	(a)	a house, home or residential unit, apartment or flat; or
	(b)	a bedroom or living area let or provided for separate occupation (for example, accommodation in a motel, hotel, boarding house, hostel, nursing home or college or accommodation for employees); or
	(c)	a sleeping or living area in a prison or other place of detention; or
	(d)	any other place of a kind prescribed by regulation;
retail connotes a sale to a consumer or an agent for a consumer;
sell includes supply in the course of a business (whether or not for valuable consideration) and offer or expose for sale or such supply, and sale has a corresponding meaning;
shared area means an area in multi-unit premises the use of which is shared by persons from various parts of the premises that are in separate ownership or occupation;
smoke means smoke, hold, or otherwise have control over, an ignited tobacco product;
sponsorship includes a scholarship, prize, gift or other benefit;
sucking tobacco means tobacco that has been prepared for sucking but not chewing;
tobacco advertisement means any writing, still or moving picture, sign, symbol or other visual image or message designed to promote or publicise—
	(a)	the purchase or use of a tobacco product; or
	(b)	a trademark or brand name, or part of a trademark or brand name, of a tobacco product;
tobacco product means—
	(a)	a cigarette; or
	(b)	a cigar; or
	(c)	cigarette or pipe tobacco; or
	(d)	tobacco prepared for chewing or sucking; or
	(e)	snuff; or
	(f)	any other product containing tobacco of a kind prescribed by regulation; or
	(g)	any product that does not contain tobacco but is designed for smoking,
and includes any packet, carton, shipper or other device in which any of the above is contained;
vehicle includes any kind of aircraft or vessel;
vending machine means a device from which a tobacco product can be obtained by the insertion of a coin, banknote or token;
workplace has the same meaning as in the Occupational Health, Safety and Welfare Act 1986, but does not include—
	(a)	a place occupied as residential premises; or
	(b)	a place (other than a vehicle) where only a single self-employed person is working; or
	(c)	a vehicle that is used for work purposes by only one person; or
	(d)	any other place of a kind prescribed by regulation.
	(2)	A health warning may comprise two or more parts and the term health warning includes all the parts of such a warning unless the contrary intention appears.
	(3)	A place or area is enclosed if it is fully enclosed or is at least partially covered by a ceiling and has walls such that the total area of the ceiling and wall surfaces exceeds 70 per cent of the total notional ceiling and wall area.
	(4)	For the purposes of subsection (3)—
	(a)	ceiling includes any structure or device (whether fixed or movable) that prevents or impedes upward airflow, but does not include anything prescribed by regulation;
	(b)	wall includes any structure or device (whether fixed or movable) that prevents or impedes lateral airflow, but does not include anything prescribed by regulation;
	(c)	the total notional ceiling and wall area is the sum of—
	(i)	what would be the total area of the wall surfaces if—
	(A)	the walls were continuous, any gap in the walls being filled by a surface of the minimum area required for the purpose; and
	(B)	the walls were of a uniform height equal to the lowest height of the ceiling; and
	(ii)	what would be the floor area of the space within the walls if the walls were continuous as referred to in subparagraph (i).
4A—Independent Gambling Authority powers excluded
This Act operates to the exclusion of any power of the Independent Gambling Authority to restrict the sale or consumption of tobacco products.

Part 2—Licences
6—Requirement for licence
A person must not—
	(a)	carry on the business of selling tobacco products by retail; or
	(b)	hold himself or herself out as carrying on such a business,
unless the person holds a licence under this Part.
Maximum penalty: $10 000.
Expiation fee: $315.
7—Issue or renewal of licence
	(1)	The Minister may, on application by a person, issue or renew, or refuse to issue or renew, a licence under this Part.
	(2)	The Minister may, if he or she thinks fit, renew a licence despite the fact that application for renewal of the licence was made after the end of the previous term of the licence.
8—Licence term etc
	(1)	Subject to this Act, a licence expires on the anniversary of the date of issue of the licence and may be renewed on application for successive terms of one year.
	(2)	A licence has effect, on issue or renewal, from the date specified in the licence for that purpose which may be earlier than the date of application for the issue or renewal of the licence.
	(3)	The holder of a licence may, at any time, by notice in writing to the Minister, surrender the licence, at which time the licence ceases to have effect.
9—Licence conditions
	(1)	The Minister may fix conditions of a licence.
	(2)	Without limiting subsection (1), the conditions of a licence may include—
	(a)	a condition under which the holder of the licence is prevented from selling tobacco products except at a single place specified in the condition (with the effect that a separate licence will be required by the person for any or each other place at which the person sells tobacco products);
	(b)	a condition that restricts the points of sale of tobacco products within the place at which the holder of the licence may sell tobacco products under the licence.
	(3)	The Minister may, on application or at the Minister's own initiative, vary a licence.
	(4)	A licence may be varied by endorsement of the licence or by notice in writing to the holder of the licence.
	(5)	The holder of a licence must not contravene, or fail to comply with, a condition of the licence.
Maximum penalty: $5 000.
Expiation fee: $315.
10—Form of application and licence fee
	(1)	An application for the issue, renewal or variation of a licence must be made to the Minister in a manner and form approved by the Minister and contain the information required by the Minister.
	(2)	An applicant must provide any further information that the Minister reasonably requires for the purposes of determining the application.
	(3)	An application may not be granted except on payment of the appropriate fee under the regulations.
11—Cancellation or suspension of licence
The Minister may, by written notice to the holder of a licence, suspend or cancel the licence if satisfied that the holder of the licence has contravened this Act or is not or is no longer for any reason a fit and proper person.
12—Review of decision of Minister
	(1)	A person who is dissatisfied with a decision of the Minister under this Part may apply to the Minister for a review of the decision.
	(2)	An application for review—
	(a)	must be made within one month after the applicant received notice of the decision to which the application relates; and
	(b)	must set out in detail the grounds on which the applicant seeks the review.
	(3)	If an application is made under subsection (1), the Minister must review the decision to which the application relates.
	(4)	On a review the Minister may—
	(a)	confirm or vary the decision under review; or
	(b)	quash the decision and substitute for it a decision that should, in the Minister's opinion, have been made in the first instance.
	(5)	The Minister must inform the applicant in writing of the result of the review.
13—Appeal
	(1)	A person who is dissatisfied with a decision taken by the Minister on a review may appeal to the Administrative and Disciplinary Division of the District Court against the decision.
	(3)	An appeal must be instituted within one month of receipt of notice of the Minister's decision.

Part 3—Restrictions on supply or promotion of tobacco products
29—Application of Part
This Part does not apply in relation to anything done by means of a radio or television broadcast.
30—Sale of tobacco products by retail
	(1)	A person must not sell a tobacco product by retail unless it is enclosed in a package that complies with the regulations and is labelled in accordance with the regulations.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	A person must not sell a tobacco product by retail that is enclosed in two or more packages unless each package complies with the regulations and is labelled in accordance with the regulations.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	A person must not sell a tobacco product by retail if the package containing the tobacco product is wrapped in a material that is not wholly transparent.
Maximum penalty: $5 000.
Expiation fee: $315.
	(4)	A person must not sell cigarettes by retail in a package containing less than 20.
Maximum penalty: $5 000.
Expiation fee: $315.
	(5)	A person must not sell a tobacco product by retail if the order for the tobacco product was placed by mail, telephone, facsimile transmission or internet or other electronic communication.
31—Importing and packing of tobacco products
	(1)	A person must not import tobacco products that have been packed for sale by retail unless—
	(a)	the packages in which the tobacco products are packed comply with the regulations and are labelled in accordance with the regulations; and
	(b)	where two or more health warnings have been prescribed—the various warnings are distributed in approximately equal numbers between the packages imported by that person in each financial year.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	A person who packs tobacco products for sale by retail must ensure—
	(a)	that the packages in which the tobacco products are packed comply with the regulations and are labelled in accordance with the regulations; and
	(b)	where two or more health warnings have been prescribed—the various warnings are distributed in approximately equal numbers between the packages packed by that person in each financial year.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	Where tobacco products have been packed for sale by retail in two or more packages only the smallest of those packages and the warning it displays will be taken into account when determining the number of packages on which each health warning is displayed.
32—Tobacco products in relation to which no health warning has been prescribed
Despite any other provision of this Act, where no health warning is prescribed by regulation (or by direction of the Minister under the regulations) in relation to a tobacco product of a particular class—
	(a)	a tobacco product of that class need not be enclosed in a package; and
	(b)	a package that contains a tobacco product of that class need not (provided it does not also contain a tobacco product of a class in relation to which a health warning is prescribed) display a health warning.
34A—Prohibited tobacco products
	(1)	The Minister may, by notice in the Gazette, declare that a class of tobacco products specified in the notice are prohibited tobacco products.
	(2)	The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that—
	(a)	the tobacco products, or the smoke of the products, possesses a distinctive fruity, sweet or confectionary-like character; and
	(b)	the nature of the products, or the way they are advertised, might encourage young people to smoke.
	(3)	The Minister may, by further notice in the Gazette, vary or revoke a notice under this section.
	(4)	A person must not sell a prohibited tobacco product by retail.
Maximum penalty: $5 000.
Expiation fee: $315.
35—Sale of sucking tobacco
A person must not sell sucking tobacco by retail.
Maximum penalty: $5 000.
Expiation fee: $315.
36—Products designed to resemble tobacco products
A person must not sell by retail any product (other than a tobacco product) that is designed to resemble a tobacco product.
Maximum penalty: $5 000.
37—Sale of tobacco products by vending machine
	(1)	A person must not sell cigarettes or any other tobacco product by means of a vending machine unless—
	(a)	the vending machine is situated—
	(i)	in an area delineated under a gaming machine licence under the Gaming Machines Act 1992 as the area in which gaming machines may be operated pursuant to the licence and no other such vending machine is situated in the gaming area or any other part of the premises in respect of which the licence is in force under the Liquor Licensing Act 1997; or
	(ii)	in some other part of premises in respect of which a licence is in force under the Liquor Licensing Act 1997 and no other such vending machine is situated in the premises in respect of which the licence is in force; or
	(iii)	in a part of the casino in which the public are permitted to engage in gambling activities under the Casino Act 1997 and no other such vending machine is situated in the casino; and
	(b)	subject to subsection (2), the machine is only able to be operated by—
	(i)	in the case of premises in respect of which a licence is in force under the Liquor Licensing Act 1997—the holder of the licence or an employee of the holder of the licence; or
	(ii)	in the case of the casino—an employee of the casino; or
	(iii)	in any case—
	(A)	by the use of a token or similar device supplied to the person by a person referred to in subparagraph (i) or (ii); or
	(B)	by remote control operated by a person referred to in subparagraph (i) or (ii).
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	The requirements of subsection (1)(b) apply—
	(a)	in relation to a vending machine in use on the day subsection (1) commences—as of 1 June 2010; or
	(b)	in any other case—as of 1 June 2008.
38—Carrying tray etc of tobacco products for making of successive retail sales
	(1)	A person must not go amongst persons in premises carrying tobacco products in a tray or container or otherwise on his or her person for the purpose of making successive sales of tobacco products by retail.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	A person must not cause or permit another to engage in the practice referred to in subsection (1) in premises under the person's control.
Maximum penalty: $5 000.
38A—Sale or supply of tobacco products to children
	(1)	If a tobacco product is sold or supplied to a child, the responsible person is guilty of an offence, or if there is more than one responsible person, each responsible person is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	It is a defence to a charge of an offence against subsection (1) that was allegedly committed in the course of a business to prove that—
	(a)	the proprietor of the business or some person acting on behalf of the proprietor of the business required the minor to produce evidence of age of a kind prescribed by regulation; and
	(b)	the minor made a false statement, or produced false evidence, in response to that requirement; and
	(c)	in consequence the person who served or assisted the minor reasonably assumed that the minor was of or above the age of 18 years.
	(3)	It is a defence to a charge of an offence against subsection (1) that was allegedly committed otherwise than in the course of a business to prove that the defendant had reasonable cause to believe that the child was of or above the age of 18 years.
	(4)	The defence under subsection (2) or (3) applies to the exclusion of the general defence under section 79.
	(5)	A person who sells tobacco products by retail or who occupies premises in which a vending machine that is designed to sell tobacco products is situated must display a notice in the prescribed form setting out the effect of, and the penalty for, an offence against subsection (1) in a manner and position that is likely to attract the attention of his or her customers or of persons using the machine.
Maximum penalty: $750.
Expiation fee: $105.
	(6)	In this section—
responsible person, in relation to the sale or supply of a tobacco product to a child, means—
	(a)	if the product is sold or supplied in the course of a business otherwise than by means of a vending machine—
	(i)	the proprietor of the business; or
	(ii)	a person who sells or supplies the product on behalf of the proprietor; or
	(b)	if the product is sold or supplied by means of a vending machine—
	(i)	the proprietor of the business carried on in the premises where the machine is situated; or
	(ii)	a person who, on behalf of the proprietor, provides a token to, or other assistance to, the child for the operation of the machine; or
	(c)	if the product is sold or supplied otherwise than in the course of a business—the person who sells or supplies the product.
39—Power to require evidence of age
	(1)	If an authorised person suspects on reasonable grounds that a person seeking to obtain a tobacco product may be a child, he or she may require the person to produce evidence, to his or her satisfaction, of the person's age.
	(2)	A person who—
	(a)	fails, without reasonable excuse, to comply with a requirement under this section; or
	(b)	makes a false statement, or produces false evidence, in response to such a requirement,
is guilty of an offence.
Maximum penalty: $200.
Expiation fee: $75.
	(3)	In this section—
authorised person means—
	(a)	a person who holds a licence under Part 2 or an employee of such a person; or
	(b)	an authorised officer.
40—Certain advertising prohibited
	(1)	A person must not advertise tobacco products in the course of a business or for any direct or indirect pecuniary benefit.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	A person must not—
	(a)	distribute to the public any unsolicited leaflet, handbill, or other document that constitutes a tobacco advertisement; or
	(b)	sell any object that constitutes or contains a tobacco advertisement.
Maximum penalty: $5 000.
Expiation fee: $315.
	(3)	This section does not apply in relation to—
	(a)	the display, in accordance with the regulations, of signs outside premises where tobacco products are sold by retail; or
	(b)	the provision of assistance to customers or potential customers by sales assistants in premises where tobacco products are sold by retail; or
	(c)	action of a kind prescribed by regulation; or
	(e)	an invoice, statement, order, letterhead, business card, cheque, manual or other document ordinarily used in the course of business.
41—Prohibition of certain sponsorships
	(1)	A person must not promote or publicise, or agree to promote or publicise—
	(a)	a tobacco product or a trademark or brand name, or part of a trademark or brand name, of a tobacco product; or
	(b)	the name or interests of a manufacturer or distributor of a tobacco product in association directly or indirectly with that tobacco product,
under a contract, or an arrangement (whether or not legally binding), under which a sponsorship is provided, or to be provided, by another person.
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	A person must not provide, or agree to provide, a sponsorship under a contract or arrangement of a kind referred to in subsection (1).
Maximum penalty: $5 000.
Expiation fee: $315.
42—Competitions and reward schemes etc
	(1)	A person must not, in connection with the sale of a tobacco product, or for the purpose of promoting the sale of a tobacco product—
	(a)	provide or offer to provide—
	(i)	a prize, gift or other benefit; or
	(ii)	a stamp, coupon, token, voucher, ticket or other thing by virtue of which any person may become entitled to, or may qualify for a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or
	(iii)	a number of points, or a similar device, by the accumulation of which a person may become entitled to, or qualify for, a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or
	(b)	conduct a scheme declared by regulation to be a scheme to promote the sale of a tobacco product or to promote smoking generally.
Maximum penalty: $5 000.
	(2)	It is a defence to a charge of an offence against subsection (1)(a) to prove that it was not practicable for the person to identify the particular item or items purchased that gave rise to the supply of the benefit or thing.
43—Free samples
A person must not, for the purpose of inducing or promoting the sale of a tobacco product, offer or give to a member of the public a free sample of a tobacco product.
Maximum penalty: $5 000.
45—Business promotions to attract smokers
A person must not display signs, or engage in a practice of any kind, designed to promote a business as welcoming or permitting smoking on its premises.
Maximum penalty: $5 000.
Expiation fee: $315.

Part 4—Restrictions on smoking
46—Smoking banned in enclosed public places, workplaces and shared areas
	(1)	Smoking is banned in an enclosed public place, workplace or shared area.
	(2)	If a person smokes in contravention of subsection (1), the person is guilty of an offence.
Maximum penalty: $200.
Expiation fee: $75.
	(3)	If smoking occurs in an enclosed public place in contravention of subsection (1), the occupier of the place is guilty of an offence.
Maximum penalty: $1 250.
Expiation fee: $160.
	(4)	If smoking occurs in an enclosed workplace in contravention of subsection (1), the employer with responsibility for the workplace under the Occupational Health, Safety and Welfare Act 1986 is guilty of an offence.
Maximum penalty: $1 250.
Expiation fee: $160.
	(5)	It is a defence to an offence against subsection (3) or (4) if the defendant proves—
	(a)	that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred; and
	(b)	that—
	(i)	he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or
	(ii)	he or she requested the person smoking to stop smoking and informed the person that the person was committing an offence.
48—Smoking in motor vehicle if child present
	(1)	A person must not smoke in a motor vehicle if a child is also present in the motor vehicle.
Maximum penalty: $200.
Expiation fee: $75.
	(2)	In proceedings for an offence against this section an allegation in the complaint that a child was present in a motor vehicle at a specified time will be accepted as proved in the absence of proof to the contrary.
	(3)	In this section—
child means a person under 16 years of age;
motor vehicle has the same meaning as in the Motor Vehicles Act 1959.
49—Smoking banned in certain public transport areas
	(1)	A person must not smoke in a prescribed public transport area.
Maximum penalty: $200.
Expiation fee: $75.
	(2)	Without limiting any other provision of this Act, subsection (1) does not apply to a person smoking in a motor vehicle.
	(3)	For the purposes of this section, a person will be taken to be in a prescribed public transport area if any part of the person is within the prescribed public transport area.
	(4)	In proceedings for an offence against this section, an allegation in the complaint that a specified place is a prescribed public transport area will be accepted as proved in the absence of proof to the contrary.
	(5)	In this section—
prescribed public transport area means any part of a bus stop, tram stop, railway station, taxi rank, airport or similar place that is—
	(a)	a public area; and
	(b)	used, or is intended to be used, by passengers boarding or alighting from public transport; and
	(c)	wholly or partly covered by a roof;
public transport includes—
	(a)	a taxi service; and
	(b)	a transport service provided by aircraft or vessel.
50—Smoking banned near certain playground equipment
	(1)	A person in a public area must not smoke within 10 metres of any prescribed children's playground equipment.
Maximum penalty: $200.
Expiation fee: $75.
	(2)	Without limiting any other provision of this Act, subsection (1) does not apply to a person smoking in a motor vehicle.
	(3)	For the purposes of this section—
	(a)	a person will be taken to be in a public area if any part of the person is within the public area; and
	(b)	a person will be taken to be within 10 metres of prescribed children's playground equipment if any part of the person is within 10 metres of any part of the prescribed children's playground equipment.
	(4)	In proceedings for an offence against this section, an allegation in the complaint that—
	(a)	specified equipment is children's playground equipment; or
	(b)	specified children's playground equipment is prescribed children's playground equipment,
will be accepted as proved in the absence of proof to the contrary.
	(5)	In this section—
prescribed children's playground equipment means children's playground equipment (however described) that is located in a public area.
51—Smoking banned in certain public areas—short term bans
	(1)	The Minister may, by notice in the Gazette, declare that smoking is banned in the public area or areas, and during the period (being a period not exceeding 3 days), specified in the notice.
	(2)	A notice under subsection (1)—
	(a)	may be of general application or vary in its application in respect of each public area to which it applies; and
	(b)	may exempt specified areas, specified circumstances or specified times from the operation of subsection (4); and
	(c)	may be conditional or unconditional.
	(3)	The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1).
	(4)	A person who smokes in contravention of a notice under subsection (1) is guilty of an offence.
Maximum penalty: $200.
Expiation fee: $75.
	(5)	If a notice is made under subsection (1), signs setting out the effect of the notice must be erected in such numbers and in positions of such prominence that the signs are likely to be seen by persons within the public area or areas to which the notice relates (however, validity of a prosecution is not affected by non‑compliance or insufficient compliance with this subsection).
	(6)	For the purposes of this section, a person will be taken to be in a particular area if any part of the person is within the area.
52—Smoking banned in certain public areas—longer term bans
	(1)	The Governor may, by regulation, declare that smoking is banned in the public areas specified in the regulations for the purposes of this section.
	(2)	A person who smokes in a public area declared by the regulations to be a public area in which smoking is banned is guilty of an offence.
Maximum penalty: $200.
Expiation fee: $75.
	(3)	The regulations under subsection (1)—
	(a)	may be of general application or vary in their application according to prescribed factors; and
	(b)	may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or other specified person or body; and
	(c)	may exempt specified areas, specified circumstances or specified times from the operation of subsection (2); and
	(d)	may be conditional or unconditional.
	(4)	If smoking is banned in a public area pursuant to this section, signs setting out the effect of this section and the regulation must be erected in such numbers and in positions of such prominence that the signs are likely to be seen by persons within the public area (however, validity of a prosecution is not affected by non‑compliance or insufficient compliance with this subsection).

Part 5—Investigations
63—Appointment of authorised officers
	(1)	The Minister may appoint persons to be authorised officers for the purposes of this Act.
	(2)	An appointment may be made subject to conditions specified in the instrument of appointment.
	(3)	The Minister, may at any time, revoke an appointment or vary, revoke or add a condition of an appointment.
	(4)	All members of the police force are authorised officers for the purposes of this Act.
64—Identification of authorised officers
	(1)	An authorised officer, other than a member of the police force, must be issued with an identity card—
	(a)	containing the person's name and a photograph of the person; and
	(b)	stating that the person is an authorised officer for the purposes of this Act.
	(2)	Where the powers of an authorised officer have been limited by conditions under this Part, the identity card issued to the authorised officer must contain a statement of the limitation on the officer's powers.
	(3)	An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person—
	(a)	in the case of an authorised officer who is a member of the police force and is not in uniform—his or her certificate of authority; or
	(b)	in the case of an authorised officer who is not a member of the police force—his or her identity card.
65—Power to require information or records or attendance for examination
	(1)	The Minister may, for a purpose related to the administration or enforcement of this Act, by written notice served on a person, require the person—
	(a)	to provide to the Minister (either orally or in writing) information that is described in the notice; or
	(b)	to attend and give evidence before the Minister or an authorised officer; or
	(c)	to produce to the Minister a record in the person's custody or control that is described in the notice.
	(2)	The Minister may require that evidence be given under this section on oath.
	(3)	If a person, without reasonable excuse, refuses or fails—
	(a)	to comply with the requirements of a notice under this section within the period specified in the notice or any further period allowed by the Minister; or
	(b)	to comply with any other requirement of the Minister as to the giving of evidence or the manner in which information or evidence is to be provided or given under this section,
the person is guilty of an offence.
Maximum penalty: $20 000.
66—Powers of authorised officers
	(1)	Subject to this Part—
	(a)	an authorised officer may enter and remain on premises and inspect the premises and any part of or thing in or on the premises as reasonably required in connection with the administration or enforcement of this Act;
	(b)	with the authority of a warrant issued under this Part or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on premises;
	(c)	require a person to produce a record, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required with the administration or enforcement of this Act;
	(d)	examine, copy or take extracts from a record or require a person to provide a copy of a record, as reasonably required in connection with the administration or enforcement of this Act;
	(e)	examine and test ventilation and air conditioning equipment in an enclosed public dining or café area;
	(f)	take photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act;
	(g)	seize and retain tobacco products or records if the authorised officer reasonably suspects that an offence against this Act has been committed in relation to the products or records or that the products or records may afford evidence of an offence against this Act;
	(i)	require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;
	(j)	require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters;
	(k)	require a person holding or claiming to hold a licence to produce it for inspection;
	(l)	give directions reasonably required in connection with the exercise of a power conferred by this subsection or otherwise in connection with the administration and enforcement of this Act.
	(2)	A magistrate may issue a warrant for the purposes of subsection (1) if satisfied that the warrant is reasonably required for the administration or enforcement of this Act.
	(3)	In the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.
67—Offence to hinder etc authorised officers
A person who—
	(a)	hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or
	(b)	uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or
	(c)	refuses or fails to comply with a requirement or direction of an authorised officer under this Part; or
	(d)	when required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or
	(e)	falsely represents, by words or conduct, that he or she is an authorised officer,
is guilty of an offence.
Maximum penalty: $20 000.
68—Self-incrimination
	(1)	It is not an excuse for a person to refuse or fail to answer a question or to produce or provide a record or information as required under this Part on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
	(2)	If compliance by a person with a requirement to answer a question or to produce or provide a record or information might tend to incriminate the person or make the person liable to a penalty, then—
	(a)	in the case of a person who is required to produce or provide a record or information—the fact of production or provision of the record or the information (as distinct from the contents of the record or the information); or
	(b)	in any other case—the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings under this Act).
69—Powers in relation to seized tobacco products
If tobacco products are seized under this Part, the following provisions apply:
	(a)	the Minister may, if satisfied that it is necessary to do so to avoid loss due to the deterioration of the products, determine that the products are forfeited to the Crown and sell the products by public tender;
	(b)	apart from paragraph (a), the products will be forfeited to the Crown if a court convicts a person of an offence against this Act in relation to the products, unless the court determines that the circumstances of the offence were trifling;
	(c)	subject to this section, the owner of the products will be entitled to recover the products or, if the products have been forfeited by determination of the Minister or have deteriorated, will be entitled to be paid compensation by the Crown in respect of the products—
	(i)	if a prosecution for an offence against this Act in relation to the products has been commenced but—
	(A)	the defendant is acquitted; or
	(B)	the prosecution is withdrawn or lapses; or
	(C)	the court hearing the proceedings determines that the circumstances of the offence were trifling; or
	(ii)	if—
	(A)	a prosecution for an offence against this Act in relation to the products has not been commenced within three months of the date of seizure; and
	(B)	the District Court determines, on application by the owner, that the justice of the case requires that the products be returned or that compensation be paid;
	(d)	at the end of the period of three years from the date of seizure—
	(i)	if the products have not been forfeited or returned to the owner, they are forfeited to the Crown; and
	(ii)	in any case, the owner will not have any right to recover the products or be paid compensation in respect of the products (other than a right that has already arisen or been determined under paragraph (c));
	(e)	if the products are forfeited otherwise than under paragraph (a), the Minister may sell the products by public tender;
	(f)	any compensation payable under this section in respect of the products will be in an amount equal to the consideration paid by the owner of the products when he or she purchased them or, where the owner is the manufacturer of the products, their value (determined by reference to the price that would have been obtained from their sale by the owner in the ordinary course of business) as at the date of seizure;
	(g)	the owner of the products has no right to recover the products or be paid compensation in respect of the products apart from under this section.

Part 6—Trial of nicotine replacement therapy to aid in quitting smoking
70—Trial of nicotine replacement therapy to aid in quitting smoking
	(1)	The Minister must establish a scheme to trial the effectiveness of using nicotine replacement therapy to overcome the physical addiction to tobacco products.
	(2)	The Minister must establish the scheme in accordance with the following principles:
	(a)	at least 1 000 users of tobacco products who wish to quit using tobacco products must participate in the trial;
	(b)	the trial must be conducted in accordance with established scientific methods using control groups;
	(c)	participants in the trial must be selected according to a means test;
	(d)	participants in the trial must receive a subsidy determined by the Minister of up to 75% of any cost incurred by the participant for nicotine replacement therapy but not exceeding $300 per participant;
	(e)	an evaluation of the trial must be carried out to determine— 
	(i)	whether the nicotine replacement therapy contributed significantly to the success rate of participants quitting the use of tobacco products; and
	(ii)	whether making nicotine replacement therapy generally affordable would be a cost-effective method of dealing with a serious public health issue.
	(3)	The Minister must take into account any recommendations of Quit SA when establishing the scheme.
Note—
Quit SA is an initiative of The Cancer Council of Australia and the National Heart Foundation (SA Division). Most of its funding is provided by the State Government.

Part 7—Miscellaneous
70A—Confiscation of tobacco products from children
	(1)	A prescribed person who becomes aware that tobacco products are in the possession of a child may confiscate the products from the child.
	(2)	Subsection (1) does not apply to tobacco products that are in the possession of a child in the ordinary course of his or her employment or otherwise for the purpose of sale by retail in accordance with this Act.
	(3)	If tobacco products are confiscated under subsection (1)—
	(a)	the products are forfeited by the child; and
	(b)	the products must be destroyed as soon as is reasonably practicable by the prescribed person; and
	(c)	no compensation is payable in relation to the confiscation of the products.
	(4)	In this section—
prescribed person, in relation to a child, means—
	(a)	a member of the police force; or
	(b)	any other authorised officer under Part 5; or
	(c)	a person performing the duties of a teacher at a school attended by the child (whether or not such duties are being performed on the grounds of the school).
71—Exemptions
	(1)	Subject to this section, the Governor may, by proclamation—
	(a)	exempt a person or tobacco product, or a class of persons or tobacco products, from the operation of a provision of this Act subject to such conditions as may be set out in the proclamation;
	(b)	vary or revoke an exemption under this section.
	(2)	An exemption from the operation of a provision of Part 3 may not be granted under this section except as recommended by the appropriate Minister—
	(a)	to facilitate the promotion and conduct of a sporting or cultural event or function; or
	(b)	to relieve undue hardship that might result if the exemption were not granted.
	(3)	For the purposes of subsection (2), the appropriate Minister is—
	(a)	in relation to an exemption to facilitate the promotion and conduct of a sporting event or function—the Minister for Recreation, Sport and Racing;
	(b)	in relation to an exemption to facilitate the promotion and conduct of a cultural event or function—the Minister for the Arts;
	(c)	in any other case—the Minister.
	(4)	The Minister for Recreation, Sport and Racing and the Minister for the Arts must, before recommending that an exemption be granted in relation to a sporting or cultural event or function—
	(a)	consult with the Minister; and
	(b)	have regard to whether—
	(i)	there is national or international interest in the event or function; and
	(ii)	there are links between the event or function and other events or functions outside the State; and
	(iii)	reasonable efforts have been made to obtain support for the event or function that would not require the granting of such an exemption.
72—Delegation
	(1)	A Minister may delegate powers or functions under this Act to any person or body.
	(2)	A power, duty or function delegated under this section may, if the instrument of delegation so provides, be subdelegated.
	(3)	A delegation or subdelegation under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the power of the delegator to act in any matter; and
	(d)	is revocable at will by the delegator.
73—Register of licences
	(1)	The Minister must cause a register to be kept of licensees under Part 2.
	(2)	The register must be kept available for public inspection at a place approved by the Minister during ordinary office hours.
75—False or misleading information
A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.
Maximum penalty: $50 000.
76—Minister may require verification of information
	(1)	Where a person is required to furnish information under this Act, the Minister may require that the information be verified by statutory declaration.
	(2)	A person who fails, without reasonable excuse, to comply with a requirement under subsection (1) is guilty of an offence.
Maximum penalty: $20 000.
77—Report from police
The Commissioner of Police must, at the request of the Minister, provide to the Minister any information required by the Minister for the purpose of determining an application for a licence or whether a licence should be suspended or cancelled.
78—Confidentiality
A person must not divulge any information consisting of or relating to information obtained (whether by that person or some other person) in the administration of this Act except—
	(a)	as authorised by or under this Act; or
	(b)	with the consent of the person from whom the information was obtained or to whom the information relates; or
	(c)	in connection with the administration or enforcement of this Act; or
	(e)	for the purpose of any legal proceedings arising out of the administration or enforcement of this Act.
Maximum penalty: $10 000.
79—General defence
It is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.
81—Vicarious liability
	(2)	If an employee or agent is convicted of an offence against this Act, the employer or principal is, subject to the general defence under this Part, guilty of an offence and liable to the same penalty as may be imposed for the principal offence.
	(3)	If an offence is committed against this Act in relation to a sale, any person who has derived or would, if the sale were completed, expect to derive a direct or indirect pecuniary benefit from the transaction is, subject to the general defence under this Part, guilty of an offence and liable to the same penalty as may be imposed for the principal offence.
82—Prosecutions
Proceedings for an offence against this Act must be commenced—
	(a)	in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;
	(b)	in any other case—within five years after the date on which the offence is alleged to have been committed.
83—Expiation notices may be given to certain children
Despite section 6 of the Expiation of Offences Act 1996, an expiation notice for an offence against this Act may be given to a child who has attained the age of 15 years.
85—Evidence
	(1)	In any proceedings for an offence against this Act, an apparently genuine document purporting to be—
	(a)	a certificate of the Minister certifying that a specified person was an authorised officer at a specified date; or
	(b)	a certificate of the Minister certifying that a specified person was or was not the holder of a licence of a specified kind at a specified date,
constitutes proof of the matters so certified in the absence of proof to the contrary.
	(2)	The presence on any premises of a vending machine from which tobacco products may be obtained is to be taken to constitute conclusive evidence that the occupier of the premises has sold tobacco products by means of the machine.
86—Service
	(1)	A notice, order or other document to be given to or served on a person under this Act may be given or served—
	(a)	by delivering it personally to the person or an agent of the person; or
	(b)	by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or
	(c)	by posting it to the person or agent of the person at the person's or agent's last known place of residence or business.
	(2)	Without limiting the effect of subsection (1), a notice, order or other document required or authorised to be given to or served on a person may—
	(a)	if the person is the holder of a licence under this Act—be given to or served on the person—
	(i)	by posting it to the person at the address last provided by the person for that purpose; or
	(ii)	by transmitting it to the person by facsimile transmission to the number last provided by the person for that purpose; or
	(b)	if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—be served on that company or registered body in accordance with section 109X or 601CX of that Act, as the case requires.
87—Regulations
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting the generality of subsection (1), those regulations may—
	(c)	prescribe the design, construction and materials of packages containing tobacco products;
	(d)	prescribe warnings and information (or empower the Minister to give directions as to warnings and information) that must be displayed on packages containing tobacco products;
	(e)	prescribe other labelling requirements (or empower the Minister to give directions as to other labelling requirements) for packages containing tobacco products;
	(f)	prescribe warnings that must be displayed at premises at which tobacco products are offered for sale by retail and the manner and form in which those warnings must be displayed;
	(fa)	prescribe signs that must be displayed in relation to places or areas where smoking is prohibited or permitted and the manner and form in which those signs must be displayed;
	(g)	impose a penalty not exceeding $2 500 for a breach of a regulation.
	(3)	A regulation may prescribe a warning in relation to tobacco products generally or in relation to tobacco products of a particular class.

Schedule—Transitional provision
A class A licence in force under Part 2 immediately before the commencement of this Schedule under which a person was carrying on the business of selling tobacco products by retail continues (subject to the provisions of this Act) as a licence under Part 2 authorising the carrying on of such a business for the balance of the period for which the licence was granted (including periods for which it was to have been automatically renewed).

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation repealed by principal Act
The Tobacco Products Regulation Act 1997 repealed the following:
Tobacco Products Control Act 1986
Tobacco Products (Licensing) Act 1986
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1997	26	Tobacco Products Regulation Act 1997	10.4.1997	5.6.1997 (Gazette 5.6.1997 p2793) except s 47—4.1.1999: s 2(2)	
1997	28	Tobacco Products Regulation (Miscellaneous) Amendment Act 1997	5.6.1997	5.6.1997: s 2	
1997	(145)	Tobacco Products Regulations 1997 (Gazette 5.7.1997 p2925)	—	5.6.1997: r 2	
1998	26	Tobacco Products Regulation (Licence Fees) Amendment Act 1998	2.4.1998	1.5.1998 (Gazette 23.4.1998 p1927)	
1998	61	Tobacco Products Regulation (Dissolution of Sports Promotion, Cultural and Health Advancement Trust) Amendment Act 1998	3.9.1998	3.9.1998	
1999	26	Tobacco Products Regulation (Smoking in Unlicensed Premises) Amendment Act 1999	1.4.1999	12.4.1999 (Gazette 8.4.1999 p1634)	
1999	43	Tobacco Products Regulation (Sale of Products Designed for Smoking) Amendment Act 1999	5.8.1999	5.8.1999	
2000	4	District Court (Administrative and Disciplinary Division) Amendment Act 2000	20.4.2000	Sch 1 (cl 44)—1.6.2000 (Gazette 18.5.2000 p2554)	
2000	10	Tobacco Products Regulation (Evidence of Age) Amendment Act 2000	20.4.2000	20.4.2000	
2000	34	South Australian Health Commission (Administrative Arrangements) Amendment Act 2000	6.7.2000	Sch 1 (cl 18)—6.7.2000 (Gazette 6.7.2000 p5)	
2001	23	Statutes Amendment (Corporations) Act 2001	14.6.2001	Pt 31 (s 118)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270)	
2003	44	Statute Law Revision Act 2003	23.10.2003	Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)	
2004	42	Tobacco Products Regulation (Further Restrictions) Amendment Act 2004	4.11.2004	6.12.2004 except ss 6, 12 & 15—31.3.2005 (Gazette 2.12.2004 p4444)	
2006	16	Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Act 2006	6.7.2006	31.10.2006 (Gazette 10.8.2006 p2642)	
2007	9	Tobacco Products Regulation (Smoking in Cars) Amendment Act 2007	5.4.2007	31.5.2007 (Gazette 10.5.2007 p1980)	
2007	15	Tobacco Products Regulation (Miscellaneous Offences) Amendment Act 2007	5.4.2007	31.5.2007 (Gazette 10.5.2007 p1979)	
2007	58	Tobacco Products Regulation (Miscellaneous) Amendment Act 2007	29.11.2007	1.6.2008 (Gazette 13.12.2007 p4813)	
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 158 (s 357)—1.2.2010 (Gazette 28.1.2010 p320)	
2011	36	Statutes Amendment (Directors' Liability) Act 2011	22.9.2011	Pt 24 (s 32)—1.1.2012 (Gazette 15.12.2011 p4988)	
2012	5	Tobacco Products Regulation (Further Restrictions) Amendment Act 2012	22.3.2012	31.5.2012 (Gazette 12.4.2012 p1394)	
2012	40	Work Health and Safety Act 2012	15.11.2012	Sch 6 (cll 7 & 8)—1.1.2013: s 2	
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Long title	amended by 26/1998 s 3	1.5.1998	
	amended by 61/1998 s 3	3.9.1998	
	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003	
Pt 1			
s 2	omitted under Legislation Revision and Publication Act 2002	24.11.2003	
s 3	(a) deleted by 26/1998 s 4	1.5.1998	
	(b)(v) deleted by 61/1998 s 4	3.9.1998	
	(d) deleted by 61/1998 s 4	3.9.1998	
s 4			
s 4(1)			
advertise	inserted by 42/2004 s 4(1)	6.12.2004	
Commissioner	deleted by 26/1998 s 5(a)	1.5.1998	
corresponding law	deleted by 26/1998 s 5(a)	1.5.1998	
employee	inserted by 42/2004 s 4(2)	6.12.2004	
enclosed public place, workplace or shared area	inserted by 42/2004 s 4(2)	6.12.2004	
relevant period	deleted by 26/1998 s 5(a)	1.5.1998	
fund	deleted by 61/1998 s 5	3.9.1998	
health warning	amended by 26/1999 s 4 (Sch)	12.4.1999	
	amended by 42/2004 s 4(3)	6.12.2004	
multi-unit premises	inserted by 42/2004 s 4(4)	6.12.2004	
place	inserted by 42/2004 s 4(4)	6.12.2004	
place of public entertainment	deleted by 42/2004 s 4(4)	6.12.2004	
public	deleted by 42/2004 s 4(5)	6.12.2004	
public area or public place	inserted by 42/2004 s 4(5)	6.12.2004	
residential premises	inserted by 42/2004 s 4(6)	6.12.2004	
sell	amended by 26/1998 s 5(b)	1.5.1998	
shared area	inserted by 42/2004 s 4(7)	6.12.2004	
tobacco product	amended by 42/2004 s 4(8)	6.12. 2004	
tobacco merchandising	deleted by 26/1998 s 5(c)	1.5.1998	
tobacco merchant	deleted by 26/1998 s 5(c)	1.5.1998	
Trust	deleted by 61/1998 s 5	3.9.1998	
wholesale	deleted by 26/1998 s 5(c)	1.5.1998	
workplace	inserted by 42/2004 s 4(9)	6.12.2004	
s 4(3) and (4)	inserted by 42/2004 s 4(10)	6.12.2004	
s 4A	inserted by 42/2004 s 5	6.12.2004	
s 5	deleted by 26/1998 s 6	1.5.1998	
Pt 2	amended by 28/1997 ss 3, 4	5.6.1997	
	amended by 145/1997 r 14	5.6.1997	
	substituted by 26/1998 s 7	1.5.1998	
s 6	amended by 15/2007 s 4	31.5.2007	
s 9			
s 9(2)	substituted by 42/2004 s 6	31.3.2005	
s 9(5)	amended by 15/2007 s 5	31.5.2007	
s 13			
s 13(2)	deleted by 4/2000 s 9(1) (Sch 1 cl 44(a))	1.6.2000	
s 13(3)	amended by 4/2000 s 9(1) (Sch 1 cl 44(b))	1.6.2000	
s 13(4)	deleted by 4/2000 s 9(1) (Sch 1 cl 44(c))	1.6.2000	
s 13(5)	deleted by 4/2000 s 9(1) (Sch 1 cl 44(d))	1.6.2000	
Pt 3	heading substituted by 42/2004 s 7	6.12.2004	
s 28	deleted by 26/1998 s 8	1.5.1998	
	inserted by 43/1999 s 2	5.8.1999	
	deleted by 42/2004 s 8	6.12.2004	
s 30			
s 30(1)	amended by 15/2007 s 6(1)	31.5.2007	
s 30(2)	amended by 15/2007 s 6(2)	31.5.2007	
s 30(3)	amended by 15/2007 s 6(3)	31.5.2007	
s 30(4)	amended by 15/2007 s 6(4)	31.5.2007	
s 30(5)	inserted by 58/2007 s 4	1.6.2008	
s 31			
s 31(1)	amended by 15/2007 s 7(1)	31.5.2007	
s 31(2)	amended by 15/2007 s 7(2)	31.5.2007	
s 32	amended by 26/1999 s 4 (Sch)	12.4.1999	
	amended by 42/2004 s 9	6.12.2004	
s 33	deleted by 42/2004 s 10	6.12.2004	
s 34 before deletion by 58/2007			
s 34(1)	amended by 15/2007 s 8(1)	31.5.2007	
s 34(2)	amended by 34/2000 Sch 1 cl 18	6.7.2000	
	amended by 15/2007 s 8(2)	31.5.2007	
s 34	deleted by 58/2007 s 5	1.6.2008	
s 34A	inserted by 16/2006 s 4	31.10.2006	
s 35	amended by 15/2007 s 9	31.5.2007	
s 36	substituted by 32/2004 s 11	6.12.2004	
s 37	amended by 26/1999 s 4 (Sch)	12.4.1999	
	substituted by 42/2004 s 12	31.3.2005	
	amended by 15/2007 s 10	31.5.2007	
	substituted by 58/2007 s 6	1.6.2008	
s 38 before substitution by 42/2004			
s 38(1)	amended by 43/1999 s 3(a)	5.8.1999	
s 38(2)	amended by 43/1999 s 3(b)	5.8.1999	
s 38(3)	amended by 43/1999 s 3(c)	5.8.1999	
s 38(4)	amended by 43/1999 s 3(d)	5.8.1999	
s 38(5)	amended by 26/1998 s 9(a)—(c)	1.5.1998	
	amended by 43/1999 s 3(e), (f)	5.8.1999	
s 38(6)	substituted by 26/1998 s 9(d)	1.5.1998	
s 38(7)	deleted by 26/1998 s 9(d)	1.5.1998	
s 38	substituted by 42/2004 s 13	6.12.2004	
s 38(1)	amended by 15/2007 s 11	31.5.2007	
s 38A	inserted by 42/2004 s 13	6.12.2004	
s 39			
s 39(1)	amended by 43/1999 s 4	5.8.1999	
	amended by 42/2004 s 14(1)	6.12.2004	
s 39(3)			
authorised person	amended by 26/1998 s 10	1.5.1998	
	amended by 10/2000 s 2	20.4.2000	
	(ab) deleted by 42/2004 s 14(2)	6.12.2004	
s 40			
s 40(1)	substituted by 42/2004 s 15(1)	31.3.2005	
	amended by 15/2007 s 12(1)	31.5.2007	
s 40(2)	amended by 15/2007 s 12(2)	31.5.2007	
s 40(3)	amended by 42/2004 s 15(2)	31.3.2005	
	(d) deleted by 42/2004 s 15(2)	31.3.2005	
s 41			
s 41(1)	amended by 15/2007 s 13(1)	31.5.2007	
s 41(2)	amended by 15/2007 s 13(2)	31.5.2007	
s 41(3)	deleted by 42/2004 s 16	6.12.2004	
s 42			
s 42(1)	amended by 58/2007 s 7(1)	1.6.2008	
s 42(2)	substituted by 58/2007 s 7(2)	1.6.2008	
s 44	deleted by 42/2004 s 17	6.12.2004	
s 45	substituted by 42/2004 s 17	6.12.2004	
	amended by 15/2007 s 14	31.5.2007	
s 46—see Pt 4			
s 47 before substitution by 42/2004— see Pt 4			
s 47(1)			
entertainment area	amended by 26/1999 s 4 (Sch)	12.4.1999	
licensed premises	amended by 26/1999 s 4 (Sch)	12.4.1999	
unlicensed premises	inserted by 26/1999 s 3(a)	12.4.1999	
s 47(3)	amended by 26/1999 ss 3(b), 4 (Sch)	12.4.1999	
s 47(4)	amended by 26/1999 ss 3(c)—(e), 4 (Sch)	12.4.1999	
s 47(5)	amended by 26/1998 s 11	1.5.1998	
	amended by 26/1999 ss 3(f), 4 (Sch)	12.4.1999	
	amended by 4/2000 s 9(1) (Sch 1 cl 44(e))	1.6.2000	
s 47(5a)	inserted by 4/2000 s 9(1) (Sch 1 cl 44(f))	1.6.2000	
Pt 4	amended by 26/1998 s 12	1.5.1998	
	deleted by 61/1998 s 6	3.9.1998	
Pt 4	inserted by 42/2004 s 17	6.12.2004	
s 47	expired: s 47(8)—omitted under Legislation Revision and Publication Act 2002	(31.10.2007)	
s 48	inserted by 9/2007 s 4	31.5.2007	
ss 49—52	inserted by 5/2012 s 4	31.5.2012	
Pt 5			
s 63			
s 63(4)	amended by 26/1998 s 13	1.5.1998	
s 65	amended by 26/1998 s 14	1.5.1998	
s 66			
s 66(1)	(h) deleted by 26/1998 s 15	1.5.1998	
s 69	s 69(1) amended by 26/1998 s 16(a), (b)	1.5.1998	
	s 69(1) redesignated as s 69 in pursuance of the Acts Republication Act 1967	1.5.1998	
s 69(2)	deleted by 26/1998 s 16(c)	1.5.1998	
Pt 6	deleted by 26/1998 s 17	1.5.1998	
Pt 6	inserted by 42/2004 s 18	6.12.2004	
Pt 7			
s 70A	inserted by 15/2007 s 15	31.5.2007	
s 71			
s 71(3)	amended by 26/1999 s 4 (Sch)	12.4.1999	
	amended by 42/2004 s 19(1)	6.12.2004	
s 71(4)	amended by 26/1999 s 4 (Sch)	12.4.1999	
	amended by 42/2004 s 19(2)	6.12.2004	
s 72			
s 72(1)	amended by 26/1998 s 18	1.5.1998	
s 74	deleted by 26/1998 s 19	1.5.1998	
s 76			
s 76(1)	amended by 26/1998 s 20	1.5.1998	
s 78	(d) deleted by 26/1998 s 21	1.5.1998	
s 80 before deletion by 84/2009			
s 80(1)	(a) deleted by 26/1998 s 22	1.5.1998	
s 80	deleted by 84/2009 s 357	1.2.2010	
s 81			
s 81(1)	s 81 redesignated as s 81(1) by 42/2004 s 20	6.12.2004	
	deleted by 36/2011 s 32	1.1.2012	
s 81(2) and (3)	inserted by 42/2004 s 20	6.12.2004	
s 82	substituted by 26/1998 s 23	1.5.1998	
ss 83 and 84	deleted by 26/1998 s 24	1.5.1998	
s 83	inserted by 5/2012 s 5	31.5.2012	
s 85			
s 85(1)	(c) deleted by 26/1998 s 25(a)	1.5.1998	
s 85(3)	deleted by 26/1998 s 25(b)	1.5.1998	
s 86			
s 86(2)	amended by 23/2001 s 118	15.7.2001	
s 87			
s 87(2)	(a) and (b) deleted by 26/1998 s 26(a)	1.5.1998	
	amended by 26/1999 s 4 (Sch)	12.4.1999	
	amended by 42/2004 s 21(1)—(4)	6.12.2004	
s 87(4) and (5)	deleted by 26/1998 s 26(b)	1.5.1998	
Schs 1 and 2	deleted by 26/1998 s 27	1.5.1998	
Sch	inserted by 26/1998 s 27	1.5.1998	
Transitional etc provisions associated with Act or amendments
Tobacco Products Regulation (Dissolution of Sports Promotion, Cultural and Health Advancement Trust) Amendment Act 1998
2—Interpretation
In this Act—
the Minister means the Minister for Human Services;
the Trust means the South Australian Sports Promotion, Cultural and Health Advancement Trust.
7—Transitional provisions
	(1)	All moneys held in account in the Sports Promotion, Cultural and Health Advancement Fund at the Treasury immediately before the commencement of this Act are to be transferred to the Consolidated Account.
	(2)	All property, rights and liabilities vested in or attaching to the Trust immediately before the commencement of this Act vest in or attach to the Minister.
Historical versions
Reprint No 1—5.6.1997		
Reprint No 2—1.5.1998		
Reprint No 3—3.9.1998		
Reprint No 4—12.4.1999		
Reprint No 5—5.8.1999		
Reprint No 6—20.4.2000		
Reprint No 7—1.6.2000		
Reprint No 8—6.7.2000		
Reprint No 9—15.7.2001		
Reprint No 10—24.11.2003		
6.12.2004		
31.3.2005		
31.10.2006		
31.5.2007		
1.6.2008		
1.2.2010		
1.1.2012