South Australia
Tobacco Products Regulations 1997
under the Tobacco Products Regulation Act 1997

Contents
1	Short title
2	Interpretation
3	Licence fee
4	Sale of tobacco products and prescribed products to children (section 38(4))
5	Smoking in lifts (section 45(2))
6	Smoking in enclosed public dining or café areas (section 47)
Schedule 1—Notices under section 38(4) of the Act
Schedule 2—Notice under section 45(2) of the Act
Legislative history

1—Short title
These regulations may be cited as the Tobacco Products Regulations 1997.
2—Interpretation
In these regulations—
the Act means the Tobacco Products Regulation Act 1997.
3—Licence fee
For the purposes of section 10(3) of the Act, the fee for a licence is $2.55 multiplied by the number of months in the period for which the licence is to be in force or $12.90 whichever is the lesser.
4—Sale of tobacco products and prescribed products to children (section 38(4))
For the purposes of section 38(4) of the Act—
	(a)	the form of notice set out in form 1 of Schedule 1 is prescribed in relation to tobacco products; and
	(b)	the form of notice set out in form 2 of Schedule 1 is prescribed in relation to prescribed products; and
	(c)	the dimensions of the notices and of the letters, figures and symbols comprised in the notices must be the same as those set out in the relevant form; and
	(d)	the following parts of the notices must be printed in red:
	(i)	the passages "18 years" and "proof of age"; and
	(ii)	the circle and diagonal of the no smoking symbol; and
	(iii)	in the case only of a notice relating to tobacco products—the lines under the headings "SALE OF TOBACCO PRODUCTS" and "PENALTIES"; and
	(e)	the lines under the headings "SALE OF PRESCRIBED PRODUCTS DESIGNED FOR SMOKING" and "PENALTIES" in the notice relating to prescribed products must be printed in green.
5—Smoking in lifts (section 45(2))
For the purposes of section 45(2) of the Act—
	(a)	the form of notice set out in Schedule 2 is prescribed; and
	(b)	the dimensions of the notice and of the letters, figures and symbols comprised in the notice must be the same as those of the notice set out in Schedule 2; and
	(c)	the notice must be made of metal or plastic.
6—Smoking in enclosed public dining or café areas (section 47)
	(1)	For the purposes of section 47(3)(a)(ii) of the Act, a bar or lounge area is designated by the licensee as a smoking area if the licensee displays signs that—
	(a)	contain the phrase "smoking permitted", "smoking area" or other words that indicate clearly that smoking is permitted in the area; and
	(b)	indicate clearly where smoking is permitted,
in such numbers and in positions of such prominence that the signs are likely to be seen by persons at any public entrance to the area and within the area.
	(2)	For the purposes of section 47(4)(a) of the Act, an application for an exemption must be accompanied by a fee of $200.
	(3)	For the purposes of section 47(6)(a) of the Act, the occupier of an enclosed public dining or café area must display signs that—
	(a)	contain—
	(i)	the phrase "no smoking", "smoking prohibited" or "smoke-free zone" in letters that are at least 20 mm in height and the smoking prohibited symbol with a diameter of at least 70 millimetres; or
	(ii)	other words or symbols that indicate clearly that smoking is prohibited; and
	(b)	indicate clearly where smoking is prohibited,
in such numbers and in positions of such prominence that the signs are likely to be seen by persons at any public entrance to the area and within the area.
	(4)	In this regulation—
smoking prohibited symbol means the symbol designated in Australian Standard 2899.1—1986 to indicate where smoking is prohibited.

Schedule 1—Notices under section 38(4) of the Act
(Regulation 4)
Form 1—Notice in relation to tobacco products

Form 2—Notice in relation to prescribed products

Schedule 2—Notice under section 45(2) of the Act

Legislative history
Notes
	•	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.
Revocation of regulations
The Tobacco Products Regulations 1997 were revoked by Sch 3 of the Tobacco Products Regulations 2004 on 6.12.2004.
Principal regulations and variations
Year	No	Reference	Commencement	
1997	145	Gazette 5.6.1997 p2925	5.6.1997: r 2	
1998	33	Gazette 23.4.1998 p1969	1.5.1998: r 2	
1998	52	Gazette 28.5.1998 p2295	1.7.1998: r 2	
1998	178	Gazette 27.8.1998 p694	4.1.1999: r 4	
1999	48	Gazette 27.5.1999 p2789	1.7.1999: r 2	
1999	153	Gazette 22.7.1999 p483	22.7.1999: r 2	
2000	18	Gazette 9.3.2000 p1399	9.3.2000: r 2	
2000	52	Gazette 25.5.2000 p2695	1.7.2000: r 2	
2001	104	Gazette 31.5.2001 p2066	1.7.2001: r 2	
2002	119	Gazette 20.6.2002 p2663	1.7.2002: r 2	
2003	56	Gazette 29.5.2003 p2146	1.7.2003: r 2	
2004	34	Gazette 27.5.2004 p1404	1.7.2004: r 2 	
Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
rr 2, 3,5—10, 13, 14, Sch 1	deleted by 33/1998 r 3	1.5.1998	
r 2	r 4 substituted by 18/2000 r 3	9.3.2000	
	r 4 redesignated as r 2 by 33/1998 r 7	1.5.1998	
r 3	inserted by 33/1998 r 4	1.5.1998	
	varied by 52/1998 r 3	1.7.1998	
	varied by 48/1999 r 3	1.7.1999	
	varied by 52/2000 r 3	1.7.2000	
	varied by 104/2001 r 3	1.7.2001	
	varied by 119/2002 r 3	1.7.2002	
	varied by 56/2003 r 4	1.7.2003	
	varied by 34/2004 r 4	1.7.2004	
r 4	r 11 redesignated as r 4 by 33/1998 r 7	1.5.1998	
	substituted by 18/2000 r 3	9.3.2000	
r 5	r 12 redesignated as r 5 by 33/1998 r 7	1.5.1998	
r 6	inserted by 178/1998 r 3	4.1.1999	
Sch 1	Sch 2 redesignated as Sch 1 by 33/1998 r 7	1.5.1998	
	substituted by 153/1999 r 3	22.7.1999	
	varied by 18/2000 r 4	9.3.2000	
Sch 2	Sch 3 redesignated as Sch 2 by 33/1998 r 7	1.5.1998	
Transitional etc provisions associated with regulations or variations
 No 33 of 1998
7—Renumbering
When these regulations come into operation the principal regulations are to be renumbered in consecutive order (and any cross-reference in a provision of the principal regulations to a regulation that is renumbered is to be corrected accordingly).