South Australia Tobacco Products Regulations 2004 under the Tobacco Products Regulation Act 1997 Contents 1 Short title 3 Interpretation 4 Licence fee (section 10(3)) 4A Tobacco product packages 5 Sale or supply of tobacco products to children (section 38A) 8 Requirement that certain signs be displayed in enclosed public places 9 Display of signs 10 Prescribed actions--general 11 Prescribed actions--retail displays 12 Prescribed actions--vending machines 13 Expiry of certain provisions Schedule 1--Sign under section 38A(5) of the Act (regulation 5(2)) Schedule 2--Transitional provision 1 References in documents Legislative history 1--Short title These regulations may be cited as the Tobacco Products Regulations 2004. 3--Interpretation (1) In these regulations, unless the contrary intention appears-- Act means the Tobacco Products Regulation Act 1997; fruit or confectionary flavoured cigarette means a cigarette-- (a) that possesses, or the smoke of which possesses, a distinctive fruity, sweet or confectionary-like character; and (b) that is advertised in a way that might encourage young people to smoke, but does not include a cigarette the flavouring of which is primarily of a menthol character; packet includes a tin or other container; periodical means an issue (however described) of a newspaper, magazine, journal, newsletter, or other similar publication, issues of which are published at regular or irregular intervals; product line, in relation to a tobacco product, means a particular retail line of the tobacco product, distinguishable from similar tobacco products by 1 or more of the following characteristics: (a) brand name, trade mark or other description of the tobacco product; (b) nicotine or tar content; (c) flavour; (d) in the case of a packet of cigarettes, cigars or cigarillos--the number or size of cigarettes, cigars or cigarillos in the packet; (e) in the case of cigarette or pipe tobacco--the weight of the packet in which the tobacco is sold. (2) For the purposes of these regulations, a reference to a tobacco product includes a reference to a part of a tobacco product. (3) For the purposes of these regulations, a requirement that the text on a sign, price board or price ticket in particular premises be a standardised font means that the text on each such sign, price board or price ticket in the premises must be written (whether handwritten or otherwise) in a single font. (4) For the purposes of this regulation, premises will be taken to be the premises of a specialist tobacconist if-- (a) a person sells tobacco products by retail in the premises in the ordinary course of business; and (b) during-- (i) in the case of a business that has been trading for a period of more than 1 financial year--the immediately preceding financial year; or (ii) in any other case--the period for which the business has been trading, the gross turnover of all tobacco products sold at the premises constitutes 80% or more of the gross turnover of all products sold at the premises during the relevant period; and (c) in the case where the premises are situated within another shop-- (i) the premises are separated from the other shop by means of internal walls or doors; and (ii) a person is not able to use the premises as a thoroughfare to gain entry to the other shop from outside the premises; and (iii) the retail display in the premises is not able to be seen by persons in the other shop, and a reference to a specialist tobacconist has a corresponding meaning. 4--Licence fee (section 10(3)) For the purposes of section 10(3) of the Act, the fee for the issue or renewal of a licence is $238. 4A--Tobacco product packages For the purposes of section 30(1) of the Act, a package in which cigarettes are sold by retail must be designed to hold not less than 20 cigarettes and must not be designed to be, or be readily able to be, divided into portions that contain less than 20 cigarettes each. 5--Sale or supply of tobacco products to children (section 38A) (1) For the purposes of section 38A(2) of the Act, the following kinds of identification are prescribed: (a) a current photographic driver's licence issued under the Motor Vehicles Act 1959 or under a corresponding law of another State or a Territory; (b) a current photographic Proof of Age card issued by the Registrar of Motor Vehicles or by a corresponding public authority of the Commonwealth or another State or a Territory; (c) a current passport issued by the Commonwealth or under the law of another country, bearing a photograph of the person and enabling the age of the person to be determined; (d) a current photographic Keypass identification card issued by Alfa Omega Nominees Pty Ltd, trading as Commonwealth Key and Property Register. (2) For the purposes of section 38A(5) of the Act--the form of sign set out in Schedule 1 is prescribed. (3) The following requirements apply to a sign referred to in subregulation (2): (a) the dimensions of the sign and of the letters, figures and symbols comprised in the signs must be the same as those set out in the relevant form; (b) the following parts of the sign must be printed in red: (i) the passages "18 years" and "proof of age"; (ii) the circle and diagonal of the no smoking symbol; (iii) the lines under the headings "SALE OF TOBACCO PRODUCTS" and "PENALTIES". 8--Requirement that certain signs be displayed in enclosed public places (1) An occupier of an enclosed public place must display signs that contain-- (a) the phrase "no smoking" or "smoking prohibited" in letters that are at least 20 mm in height and the smoking prohibited symbol with a diameter of at least 70 millimetres; or (b) other words or symbols that indicate clearly that smoking is not 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 place and within the place. Maximum penalty: $1 250. Expiation fee: $160. (5) A sign required to be displayed under this regulation must be displayed in such a way that a person (other than the occupier or an employee of the occupier) cannot readily remove or relocate the sign. 9--Display of signs (1) For the purposes of section 40(3)(a) of the Act, a person is permitted to display the following signs outside premises where tobacco products are sold by retail: (a) a sign or signs displaying-- (i) the company name or trading name; or (ii) the company name or trading name and the corporate logo, of the business, erected or displayed in accordance with any other Act or law relating to such signage; (b) either-- (i) not more than 1 prescribed tobacco notice on each external wall of the premises that is visible to the public, or on a window in such a wall; or (ii) a sign displaying not more than 1 prescribed tobacco notice, erected or displayed in accordance with any other Act or law relating to such signage. (2) For the purposes of section 40(3)(c) of the Act, a person is permitted to display not more than 1 prescribed tobacco notice inside premises where tobacco products are sold by retail. (3) In this regulation-- prescribed tobacco notice means a sign containing only, in black text no larger than 40 millimetres high on a white background, the words-- (a) tobacco products sold here; or (b) cigarette cartons sold here; or (c) cigarettes sold here; sign includes every painted sign, mural or other sign, signboard, visual display screen, visual display image, visual display or projection device, other advertising device, lamp, globe, floodlight, banner, bunting, and streamer, including any background as well as any lettering and any advertising structure. 10--Prescribed actions--general (1) For the purposes of section 40(3)(c) of the Act, the following kinds of action are prescribed: (a) the advertisement of a tobacco product in or on a periodical-- (i) that is printed outside Australia; and (ii) that is not principally intended for distribution or use in Australia; and (iii) in relation to which there is no notice in force under section 17(2) of the Tobacco Advertising Prohibition Act 1992 of the Commonwealth; (b) the advertisement of a tobacco product that is an accidental or incidental accompaniment to the publication of other matter; (c) the sale or delivery of a product containing an advertisement-- (i) of a kind referred to in the preceding paragraphs; or (ii) of a tobacco product in or on a package containing the tobacco product (being a package in which the tobacco product is offered for sale in the ordinary course of business); (d) the advertisement of a tobacco product consisting of, or reasonably incidental to, the display, at the request of a customer, of the tobacco product to the customer inside premises where tobacco products are sold by retail; (e) the advertisement of a tobacco product that is reasonably incidental to-- (i) the sale or delivery of a tobacco product; (ii) the genuine restocking of an area in which the tobacco products are stored in accordance with the Act pending their sale; (f) the advertisement of tobacco products in premises where tobacco products are only sold by retail in cartons consisting of a single sign attached to or adjacent to a point of sale containing only, in black standardised font no larger than 40 millimetres high on a white background, the words "cartons only sold here"; (g) the advertisement of a tobacco product on the premises of a distributor or manufacturer of tobacco products consisting of a sign or signs displaying-- (i) the company name or trading name; or (ii) the company name or trading name and the corporate logo, of the distributor or manufacturer, erected or displayed in accordance with any other Act or law relating to such signage; (h) the advertisement of a tobacco product to a group of people all of whom are involved in the manufacture, distribution or sale of tobacco products. (2) For the purposes of section 40(3)(c) of the Act, the advertisement of tobacco products in premises where tobacco products are sold by retail consisting of a single price board is prescribed if-- (a) the total surface area of the board (including, in the case of a sandwich board, the combined surface area of both sides) does not exceed-- (i) if the price board is in the premises of a specialist tobacconist--1 square metre; or (ii) in any other case--0.5 square metres; and (b) the board consists of black text on a completely white background; and (c) the text on the board is a standardised font not exceeding 20 millimetres in height; and (d) the information on the board does not relate to fruit or confectionary flavoured cigarettes; and (e) the information on the board is limited to any combination of the following: (i) the names of particular product lines; (ii) the prices of particular product lines (displayed in a way that does not indicate that a particular product line has been discounted); (iii) the packet size of particular product lines (by weight or number of tobacco products contained in the packet or carton); (iv) nicotine or tar content of particular product lines; (v) the country of origin of particular product lines; (vi) a bar code or similar identification code used in the point of sale system of the business; (f) if the price board is in premises of a prescribed specialist tobacconist--the information on the price board does not relate to any tobacco product advertised in a retail display in the premises. (3) For the purposes of section 40(3)(c) of the Act, the advertisement of tobacco products in premises where tobacco products are sold by retail consisting of price tickets relating to particular product lines is prescribed if-- (a) all price tickets are of an approximately equal size (but in any case not exceeding 80 millimetres x 40 millimetres); (b) each price ticket consists of black text on a completely white background; (c) the text on each price ticket is a standardised font not exceeding 15 millimetres in height; (d) the price ticket does not relate to fruit or confectionary flavoured cigarettes; (e) the information on each price ticket is limited to any combination of the following: (i) the name of the product line; (ii) the price of the product line (displayed in a way that does not indicate that the product line has been discounted); (iii) the packet size (by weight or by number of tobacco products contained in the packet); (iv) the nicotine or tar content of the product line; (v) the country of origin of the product line; (vi) a bar code or similar identification code used in the point of sale system of the business; (vii) any other information reasonably required for the efficient conduct of the business; (f) if the price ticket is in premises of a prescribed specialist tobacconist containing a retail display that visibly displays the relevant product line--the price ticket is attached to or adjacent to the retail display. (4) In any proceedings for an offence against section 40 of the Act in which the defendant claims that the advertisement constituting the alleged offence was authorised by subregulation (1)(e), the onus will be on the defendant to prove that the restocking was genuine, and that the advertisement was reasonably incidental to such restocking. (5) Nothing in this regulation authorises an advertisement comprising a retail display or an advertisement of a tobacco product in or on a vending machine. (6) In this regulation-- prescribed specialist tobacconist and retail display have the same meanings as in regulation 11. 11--Prescribed actions--retail displays (1) For the purposes of section 40(3)(c) of the Act, the advertisement in accordance with this regulation of a tobacco product in a retail display in the premises of a prescribed specialist tobacconist is prescribed. (2) Subject to this regulation, an advertisement will only be taken to be in accordance with this regulation if it complies with the following provisions: (a) there must be only 1 uninterrupted retail display in the premises; (b) the area of the retail display does not exceed-- (i) if at least 1 square metre of the retail display consists of the display of cigars (whether in a separate retail display in accordance with subregulation (3) or otherwise)--4 square metres; or (ii) in any other case--3 square metres; (c) the retail display must not be located on, nor form part of, a counter containing a point of sale, or from which customers are otherwise served; (d) the retail display must not be able to be accessed by customers or potential customers without the assistance of a sales assistant; (e) warnings of a kind approved from time to time by the Minister-- (i) in the case of a retail display not exceeding 1 square metre--of A4 size; or (ii) in the case of a retail display exceeding 1 square metre--of A3 size, must be displayed in accordance with the conditions of the relevant licence under Part 2 of the Act; (f) there must be no more than the following quantities of the specified tobacco products visible on the retail display (not including the top of any tobacco product packets visible due to the slope of a shelf in the retail display in which the packets are displayed): (i) in the case of cigarettes--2 packets, or 2 pictures of a packet, of each particular product line; (ii) in the case of cigars--2 packets, or 2 pictures of a packet, or an unrestricted number of individual cigars, of each particular product line; (iii) in the case of cigarette or pipe tobacco--2 packets, or 2 pictures of a packet, of each particular product line; (iv) in the case of cigarillos--2 packets, or 2 pictures of a packet, of each particular product line; (v) in the case of cigarette papers--2 packets, or 2 pictures of a packet, of each particular product line; (vi) in any other case--2 items of each particular product line; (g) the retail display must not display-- (i) cartons of tobacco products; or (ii) empty packets or empty cartons of tobacco products; (h) the retail display must not display fruit or confectionary flavoured cigarettes; (i) any picture of a tobacco product displayed on the retail display-- (i) must be no larger than the actual tobacco product; and (ii) must contain the health warning (if any) appropriate for the tobacco product required by or under the Act or any other Act; (j) there must be no highlighting in any way (including, to avoid doubt, by the use of a sign or other device not forming part of the retail display) of the retail display or a part of the retail display, or a tobacco product displayed in the retail display. (3) Despite subregulation (2)(a), there may be a separate retail display (the area of which must not exceed 1 square metre) for cigars consisting of part of a humidified room, or a humidified container, however the area of that retail display must be counted in determining the area of the retail display referred to in that paragraph. (4) For the purposes of section 40(3)(c) of the Act, the advertisement of a tobacco product that is reasonably incidental to the genuine restocking of a retail display is prescribed. (5) For the purposes of this regulation, a product line will be taken to be a separate product line if the packaging of the product line is substantially different (other than a mere visual difference) from another product line containing the same tobacco product. (6) For the purposes of this regulation, a retail display will be taken not to be located on, nor form part of, a counter containing a point of sale, or from which customers are otherwise served, if the whole of the retail display is more than 1.7 metres above the floor (whether or not the retail display is connected to the counter in any way). (7) For the purposes of this regulation-- (a) the premises of a prescribed specialist tobacconist means premises at which a person was, immediately before the commencement of this subregulation, carrying on business as a specialist tobacconist pursuant to a licence under Part 2 of the Act, but does not include such premises if, at any time after the commencement of this subregulation-- (i) the person-- (A) ceases (whether temporarily or permanently) for any reason to be a specialist tobacconist in respect of the premises; or (B) ceases for any reason to hold a current licence under Part 2 of the Act in respect of the premises; or (C) transfers or assigns the licence under Part 2 of the Act in respect of the premises to another person; or Note-- Once premises cease to be the premises of a prescribed specialist tobacconist they cannot regain that status. (ii) a new licence under Part 2 of the Act is issued to another person in respect of the premises (whether or not the same business was being carried on at the premises by another person immediately before the commencement of this subregulation pursuant to another licence), and a reference to a prescribed specialist tobacconist has a corresponding meaning; and (b) a reference to the premises of a prescribed specialist tobacconist will be taken not to include a reference to premises at which the prescribed specialist tobacconist first carries on business as a specialist tobacconist after the commencement of this subregulation (whether pursuant to the same licence or otherwise). (8) In any proceedings for an offence against section 40 of the Act in which the defendant claims that the advertisement constituting the alleged offence was authorised by subregulation (4), the onus will be on the defendant to prove that the restocking was genuine, and that the advertisement was reasonably incidental to such restocking. (9) In this regulation-- retail display means an area in which tobacco products, or pictures of tobacco products, are displayed or visible to members of the public (whether the tobacco products are contained in a cabinet or on a shelf or otherwise), but does not include-- (a) an area not exceeding 2 square metres in which cigarette cartons are stored (provided such area is located immediately behind a counter containing a point of sale and the cigarette cartons are not visible to a person standing more than 2 metres from the counter); or (b) an area in which tobacco products are temporarily visible during a genuine restocking of a retail display; or (c) a vending machine. 12--Prescribed actions--vending machines (1) For the purposes of section 40(3)(c) of the Act, an advertisement of a tobacco product consisting of the display in accordance with this regulation of any combination of the following in or on a vending machine is prescribed: (a) the name of the tobacco product; (b) the price of the tobacco product; (c) the packet size of the tobacco product (by weight or by number of tobacco products contained in the packet); (d) the nicotine or tar content of the tobacco product; (e) the country of origin of the tobacco product. (2) An advertisement will only be taken to be in accordance with this regulation if it complies with the following provisions: (a) if the information referred to in subregulation (1) is displayed on tickets-- (i) all tickets must be of an approximately equal size (but in any case not exceeding 80 millimetres x 40 millimetres); and (ii) each ticket must consist of black text on a completely white background; and (iii) the text on each ticket must be a standardised font not exceeding 15 millimetres in height; (b) the advertisement must not be an advertisement for, or in relation to, fruit or confectionary flavoured cigarettes; (c) an A4 size warning of a kind approved from time to time by the Minister must be displayed on the vending machine in accordance with the conditions of the relevant licence under Part 2 of the Act; (d) the number of product lines advertised in relation to a particular vending machine must not exceed 40; (e) there must be no more than 1 ticket in respect of a particular product line displayed in or on the vending machine; (f) there must be no internal lighting in the vending machine; (g) there must be no highlighting in any way (including, to avoid doubt, by the use of a sign or other device not forming part of the vending machine) of the vending machine or a ticket displayed in or on the vending machine. 13--Expiry of certain provisions The following provisions of these regulations will expire on 31 December 2014: (a) regulation 10(2)(f); (b) regulation 10(3)(f); (c) regulation 10(6); (d) regulation 11. Schedule 1--Sign under section 38A(5) of the Act (regulation 5(2)) 2004.243.un00.jpg Schedule 2--Transitional provision 1--References in documents (1) A reference in a document to a provision of these regulations (being a provision that was in force immediately before the commencement of the Tobacco Products Variation Regulations 2011) will, unless the contrary intention appears, be taken to be a reference to the provision of these regulations, as varied by the Tobacco Products Variation Regulations 2011, that has the same effect as that provision. (2) For the purposes of this clause, a reference to a document includes a reference to a licence under Part 2 of the Act. Legislative history Notes o 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. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o 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 revoked by principal regulations The Tobacco Products Regulations 2004 revoked the following: Tobacco Products Regulations 1997 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2004 243 Gazette 2.12.2004 p4452 6.12.2004 except r 5--31.3.2005: r 2 2006 245 Gazette 9.11.2006 p3956 1.1.2007: r 2 2006 249 Gazette 9.11.2006 p3970 10.11.2006: r 2 2006 273 Gazette 14.12.2006 p4393 1.11.2007: r 2 2007 149 Gazette 7.6.2007 p2541 1.7.2007: r 2 2007 298 Gazette 13.12.2007 p4818 13.12.2007: r 2 2008 34 Gazette 10.4.2008 p1298 10.4.2008: r 2 2008 119 Gazette 5.6.2008 p2100 1.7.2008: r 2 2009 114 Gazette 4.6.2009 p2553 1.7.2009: r 2 2010 73 Gazette 10.6.2010 p2742 1.7.2010: r 2 2011 16 Gazette 3.3.2011 p606 as varied by 21/2011 1.1.2012: r 2 2011 21 Gazette 31.3.2011 p939 31.3.2011: r 2 2011 56 Gazette 9.6.2011 p2059 1.7.2011: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 10.11.2006 r 3 r 3(1) r 3 redesignated as r 3(1) by 16/2011 r 4(2) 1.1.2012 fruit or confectionary flavoured cigarette inserted by 16/2011 r 4(1) 1.1.2012 packet inserted by 16/2011 r 4(1) 1.1.2012 periodical inserted by 16/2011 r 4(1) 1.1.2012 product line inserted by 16/2011 r 4(1) 1.1.2012 r 3(2)--(4) inserted by 16/2011 r 4(2) 1.1.2012 r 4 varied by 245/2006 r 4 1.1.2007 varied by 149/2007 r 4 1.7.2007 varied by 119/2008 r 4 1.7.2008 varied by 114/2009 r 4 1.7.2009 varied by 73/2010 r 4 1.7.2010 varied by 56/2011 r 4 1.7.2011 r 4A inserted by 249/2006 r 4 10.11.2006 r 6 before deletion by 16/2011 r 6(2) varied by 273/2006 r 4(1), (2) 1.11.2007 r 6(2a) inserted by 273/2006 r 4(3) 1.11.2007 varied by 34/2008 r 4(1) 10.4.2008 r 6(2b) inserted by 273/2006 r 4(3) 1.11.2007 r 6(2c) inserted by 273/2006 r 4(3) 1.11.2007 varied by 34/2008 r 4(2) 10.4.2008 r 6(2d) and (2e) inserted by 273/2006 r 4(3) 1.11.2007 r 6(2ea) inserted by 298/2007 r 4(1) 13.12.2007 r 6(2f) inserted by 273/2006 r 4(3) 1.11.2007 varied by 34/2008 r 4(3) 10.4.2008 r 6(2g) inserted by 273/2006 r 4(3) 1.11.2007 varied by 34/2008 r 4(4) 10.4.2008 r 6(2h) inserted by 273/2006 r 4(3) 1.11.2007 varied by 34/2008 r 4(5) 10.4.2008 r 6(2i)--(2l) inserted by 273/2006 r 4(3) 1.11.2007 r 6(3) floor area inserted by 298/2007 r 4(2) 13.12.2007 fruit or confectionary flavoured cigarette inserted by 34/2008 r 4(6) 10.4.2008 packet inserted by 273/2006 r 4(4) 1.11.2007 prescribed shop inserted by 273/2006 r 4(5) 1.11.2007 varied by 298/2007 r 4(3) 13.12.2007 product line inserted by 273/2006 r 4(6) 1.11.2007 retail display inserted by 273/2006 r 4(6) 1.11.2007 sign deleted by 273/2006 r 4(4) 1.11.2007 inserted by 273/2006 r 4(6) 1.11.2007 r 6 deleted by 16/2011 r 5 1.1.2012 r 7 deleted by 298/2007 r 5 13.12.2007 r 8 r 8(1) varied by 298/2007 r 6(1), (2) 13.12.2007 r 8(2)--(4) deleted by 298/2007 r 6(3) 13.12.2007 r 8(5) varied by 298/2007 r 6(4) 13.12.2007 r 8(6) deleted by 298/2007 r 6(5) 13.12.2007 r 9 inserted by 16/2011 r 6 1.1.2012 r 10 inserted by 16/2011 r 6 1.1.2012 r 10(2) (f) will expire: r 13(a) (31.12.2014) r 10(3) (f) will expire: r 13(b) (31.12.2014) r 10(6) will expire: r 13(c) (31.12.2014) r 11 inserted by 16/2011 r 6 as varied by 21/2011 r 4 1.1.2012 will expire: r 13(d) (31.12.2014) rr 12 and 13 inserted by 16/2011 r 6 1.1.2012 Sch 2 deleted by 298/2007 r 7 13.12.2007 Sch 2 inserted by 16/2011 r 7 1.1.2012 Sch 3 omitted under Legislation Revision and Publication Act 2002 10.11.2006 Historical versions 10.11.2006 1.1.2007 1.7.2007 1.11.2007 13.12.2007 10.4.2008 1.7.2008 1.7.2009 1.7.2010 1.7.2011