Public Health Amendment (Prohibited Tobacco and Other Products) Act 2026

Public Health Amendment (Prohibited Tobacco and Other Products) Act 2026

An Act to amend the Public Health Act 1997

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Public Health Amendment (Prohibited Tobacco and Other Products) Act 2026 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Public Health Act 1997 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting the definition of electronic dispensing unit and substituting the following definition:

electronic dispensing unit means a machine that is designed to dispense smoking products and to be operated by means of an electronic keypad, whether or not, at a given time, the machine is in working order;

(b) by omitting the definition of vending machine and substituting the following definition:

vending machine means a machine, other than an electronic dispensing unit, that is designed to dispense smoking products, whether or not, at a given time, the machine is in working order;

5.    Section 30A substituted

Section 30A of the Principal Act is repealed and the following section is substituted:

30A.   Powers of nominated officers

A nominated officer has the following powers:

(a) the powers of an authorised officer specified in section 36 , as if the nominated officer were an authorised officer;

(b) such other powers of an authorised officer, specified in Division 5 of Part 2 , as are authorised by the Director, as if the nominated officer were an authorised officer.

6.    Section 64 amended (Sale to children)

Section 64 of the Principal Act is amended as follows:

(a) by omitting the penalty from subsection (1) and substituting the following penalty:

Penalty:  Fine not exceeding –

(a) for a first offence, 200 penalty units; and

(b) for a second offence, 400 penalty units; and

(c) for a third and subsequent offence, 800 penalty units.

(b) by omitting the penalty from subsection (2) and substituting the following penalty:

Penalty:  Fine not exceeding –

(a) for a first offence, 200 penalty units; and

(b) for a second offence, 400 penalty units; and

(c) for a third and subsequent offence, 800 penalty units.

(c) by omitting the penalty from subsection (3) and substituting the following penalty:

Penalty:  Fine not exceeding –

(a) for a first offence, 200 penalty units; and

(b) for a second offence, 400 penalty units; and

(c) for a third and subsequent offence, 800 penalty units.

7.    Part 4, Division 2: Heading amended

Division 2 of Part 4 of the Principal Act is amended by omitting "Display, advertising, packaging, &c." from the heading to that Division and substituting "Display, sale, advertising, packaging, &c.".

8.    Section 69B inserted

After section 69A of the Principal Act , the following section is inserted in Division 2:

69B.   Sale of smoking product by vending machine prohibited

(1)  A person must not sell smoking products by means of a vending machine.

Penalty:  Fine not exceeding 250 penalty units.

(2)  A person must not cause or allow a vending machine to be located in premises owned or operated by the person.

Penalty:  Fine not exceeding 50 penalty units.

9.    Section 70A inserted

After section 70 of the Principal Act , the following section is inserted in Division 2:

70A.   Display of smoking paraphernalia prohibited

(1)  In this section –

inhalable substance includes –

(a) a smoking product; and

(b) a controlled drug, and a controlled plant, within the meaning of the Misuse of Drugs Act 2001; and

(c) a herb, or other chemical or plant matter, that is intended for smoking;

smoking paraphernalia includes a utensil, appliance, device and other thing, including, but not limited to, a hookah and a bong, that is –

(a) designed or used, or intended to be used, in connection with the preparation, smoking, inhalation, administration or taking of an inhalable substance; or

(b) intended, after some adjustment, addition or other modification, to be used in connection with the preparation, smoking, inhalation, administration or taking of an inhalable substance; or

(c) a utensil, appliance or other thing that, if possessed by a person, would constitute an offence under section 23 of the Misuse of Drugs Act 2001.

(2)  A person must not display smoking paraphernalia, in retail premises or outside those premises, so that it can be seen in or from a public place.

Penalty:  Fine not exceeding 100 penalty units.

10.    Section 71 amended (Restrictions on holding smoking products, &c., in specialist tobacconist premises and general retail premises)

Section 71 of the Principal Act is amended as follows:

(a) by omitting subsections (5) , (6) and (7) ;

(b) by omitting the definition of electronic dispensing unit from subsection (10) ;

(c) by omitting "access;" from paragraph (b) of the definition of service area in subsection (10) and substituting "access.";

(d) by omitting the definition of vending machine from subsection (10) .

11.    Section 73 amended (Packaging of smoking products)

Section 73 of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate –

(i) for a first offence, a fine not exceeding 400 penalty units; and

(ii) for a second offence, a fine not exceeding 800 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 16 000 penalty units; or

(b) a natural person –

(i) for a first offence, a fine not exceeding 200 penalty units; and

(ii) for a second offence, a fine not exceeding 400 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 800 penalty units.

12.    Section 74A amended (Licence to sell smoking products)

Section 74A(1) of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 400 penalty units for a first offence and 1 600 penalty units for a subsequent offence; or

(b) a natural person, a fine not exceeding 200 penalty units for a first offence and 800 penalty units for a subsequent offence.

13.    Section 74J amended (Register of smoking product licences)

Section 74J of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  The register, other than the addresses of holders of smoking product licences, is to be made freely available by publishing the register on a website maintained by, or on behalf of, the Department.

14.    Part 4, Divisions 3A and 3B inserted

After section 74LA of the Principal Act , the following Divisions are inserted in Part 4:

Division 3A - Prohibited tobacco and other products

74LB.   Interpretation

In this Division –

prohibited nicotine product includes products that contain nicotine –

(a) if –

(i) the product encloses the nicotine in packaging or is packaging that is coated, or otherwise treated, with nicotine; and

(ii) all, or part, of the packaging is designed to be placed in the mouth and the packaging is not designed to be ingested; and

(iii) the nicotine is designed to be absorbed, via the membranes in the mouth, from or through the packaging; and

(iv) the product has not been obtained and administered in accordance with the Poisons Act 1971; or

(b) that are prescribed as prohibited nicotine products;

prohibited personal vaporiser product includes personal vaporiser products that –

(a) are prohibited goods within the meaning of the Customs Act 1901 of the Commonwealth; or

(b) are excisable goods, within the meaning of the Excise Act 1901 of the Commonwealth, if duty is due and owing in respect of the products; or

(c) are prescribed as prohibited personal vaporiser products;

prohibited smoking product includes –

(a) prohibited tobacco products; and

(b) prohibited personal vaporiser products; and

(c) prohibited nicotine products; and

(d) other products and items that are prescribed as prohibited smoking products;

prohibited tobacco product includes tobacco products that –

(a) fail to comply with the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; or

(b) are prohibited goods within the meaning of the Customs Act 1901 of the Commonwealth; or

(c) are excisable goods, within the meaning of the Excise Act 1901 of the Commonwealth, if duty is due and owing in respect of the products; or

(d) are prescribed as prohibited tobacco products.

74LC.   Non-application of Division

For the avoidance of doubt, this Division does not apply to smoking products if those products –

(a) are in the possession of a person who –

(i) is authorised under the Poisons Act 1971 to possess or supply the products; or

(ii) has been supplied lawfully with the products under the Poisons Act 1971; or

(b) are in the possession of a person who –

(i) is authorised under a law of the Commonwealth or a State or Territory to possess or supply the products; or

(ii) has been supplied lawfully with the products under a law of the Commonwealth or a State or Territory; or

(c) have been seized, forfeited, retained, confiscated or otherwise withheld lawfully by the State or the Commonwealth; or

(d) are prescribed as products to which this Division does not apply.

74LD.   Persons must not sell or supply prohibited smoking products

(1)  A person must not, without lawful excuse, possess a prohibited smoking product that the person intends to supply to another person.

Penalty:  In the case of –

(a) a body corporate –

(i) for a first offence, a fine not exceeding 400 penalty units; and

(ii) for a second offence, a fine not exceeding 800 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 16 000 penalty units; or

(b) a natural person –

(i) for a first offence, a fine not exceeding 200 penalty units; and

(ii) for a second offence, a fine not exceeding 400 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 800 penalty units.

(2)  A person must not, without lawful excuse –

(a) sell or supply a prohibited smoking product; or

(b) offer to supply a prohibited smoking product.

Penalty:  In the case of –

(a) a body corporate –

(i) for a first offence, a fine not exceeding 400 penalty units; and

(ii) for a second offence, a fine not exceeding 800 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 16 000 penalty units; or

(b) a natural person –

(i) for a first offence, a fine not exceeding 200 penalty units; and

(ii) for a second offence, a fine not exceeding 400 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 800 penalty units.

74LE.   Person must not advertise or display prohibited smoking products

(1)  A person must not, without lawful excuse, offer to sell –

(a) a prohibited smoking product; or

(b) a product that purports to be a prohibited smoking product.

Penalty:  In the case of –

(a) a body corporate –

(i) for a first offence, a fine not exceeding 400 penalty units; and

(ii) for a second offence, a fine not exceeding 800 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 16 000 penalty units; or

(b) a natural person –

(i) for a first offence, a fine not exceeding 200 penalty units; and

(ii) for a second offence, a fine not exceeding 400 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 800 penalty units.

(2)  For the avoidance of doubt, subsection (1) applies to an offer to sell, regardless of whether –

(a) the offer is made in person or by electronic means including, but not limited to, telephone, email, online, on a website or other means; or

(b) the offer is expressed or implied.

(3)  A person must not display a prohibited smoking product, or a product that purports to be a prohibited smoking product, in retail premises.

Penalty:  In the case of –

(a) a body corporate –

(i) for a first offence, a fine not exceeding 400 penalty units; and

(ii) for a second offence, a fine not exceeding 800 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 16 000 penalty units; or

(b) a natural person –

(i) for a first offence, a fine not exceeding 200 penalty units; and

(ii) for a second offence, a fine not exceeding 400 penalty units; and

(iii) for a third and subsequent offence, a fine not exceeding 800 penalty units.

Division 3B - Closure of certain premises

74LF.   Interpretation

In this Division –

closed premises means premises in respect of which a premises closure order is in effect;

premises closure order includes –

(a) a short-term premises closure order; and

(b) an order of the Appeal Tribunal made under section 74LH(3) ;

prohibited smoking product has the same meaning as in Division 3A ;

Secretary means Secretary of the Department;

short-term premises closure order means an order made under section 74LG(1) .

74LG.   Short-term premises closure order

(1)  The Secretary may order that premises specified in the order be closed if the Secretary reasonably suspects that –

(a) smoking products are being, or are likely to be, sold at the premises otherwise than in accordance with this Act; or

(b) prohibited smoking products are being, or are likely to be, sold at the premises.

(2)  An order under subsection (1)  –

(a) is to –

(i) be in writing; and

(ii) state the premises to which it relates; and

(iii) specify the day on which the order takes effect; and

(b) may be subject to such conditions as the Secretary considers reasonable in the circumstances; and

(c) may be made, whether or not a short-term premises closure order is in effect, or has recently been in effect, in respect of the premises.

(3)  Despite subsection (2)(c) , no more than 2 short-term premises closure orders may be made in respect of the same premises in a single calendar year.

(4)  Before a short-term premises closure order takes effect in respect of premises, a copy of the order must be –

(a) given to the owner, or occupier, of the premises; or

(b) affixed to a conspicuous part of the premises.

(5)  A short-term premises closure order has effect for a period of 90 days commencing from the day specified in the order as the day on which the order takes effect, unless sooner cancelled by the Secretary.

(6)  Section 165 does not apply to a decision of the Secretary to make or revoke a short-term premises closure order.

74LH.   Appeal Tribunal may order closure of premises

(1)  The Minister may apply to the Appeal Tribunal for an order to be made to close premises specified in the order.

(2)  For the avoidance of doubt, the operator of premises that are the subject of an application under subsection (1) is a party to any proceedings in respect of the application.

(3)  After considering an application under subsection (1) in respect of premises, the Appeal Tribunal may make an order to close the premises if the Appeal Tribunal is satisfied that –

(a) smoking products are being, or are likely to be, sold at the premises otherwise than in accordance with this Act; or

(b) prohibited smoking products are being, or are likely to be, sold at the premises.

(4)  An order of the Appeal Tribunal under subsection (3) in respect of premises –

(a) may order that the premises be closed for a period not exceeding 12 months; and

(b) may specify steps that may be taken for the order to be revoked; and

(c) may be subject to such conditions as the Appeal Tribunal considers appropriate in the circumstances; and

(d) may be made, whether or not a short-term premises closure order is in effect, or has been in effect, in respect of the premises.

74LI.   Offences relating to closed premises

(1)  While a premises closure order is in effect in respect of premises, a person must not sell or supply prohibited smoking products at the premises.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 5 366 penalty units; or

(b) a natural person, a fine not exceeding 3 145 penalty units.

(2)  While a premises closure order is in effect in respect of premises, a person must not –

(a) sell or supply smoking products at the premises; or

(b) carry on a business in relation to the sale or supply of smoking products at the premises.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 600 penalty units; or

(b) a natural person, a fine not exceeding 800 penalty units.

(3)  While a premises closure order is in effect in respect of premises, a person must not enter into, or remain on, those premises other than in accordance with the terms and conditions of the order.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 600 penalty units; or

(b) a natural person, a fine not exceeding 800 penalty units.

(4)  Subsection (3) does not apply to –

(a) an authorised officer or a nominated officer performing a function, or exercising a power, under this Act; or

(b) a police officer performing a function, or exercising a power, under any Act; or

(c) a person authorised by the State Fire Commissioner under the Fire Service Act 1979 ; or

(d) a paramedic performing a function, or exercising a power, under any Act; or

(e) a person who is a member of a class of persons prescribed for the purposes of this section.

74LJ.   Secretary to publish certain information

(1)  If a premises closure order is made under this Division, the Secretary is to ensure that the following information in respect of it is made publicly available in a format determined by the Secretary:

(a) the type of order made;

(b) the name and address, and a description, of the premises in respect of which the order was made;

(c) the date on which the order was made;

(d) the period for which the order is in effect in respect of the premises;

(e) any other prescribed information;

(f) any other information that the Secretary considers relevant.

(2)  Information published under subsection (1) in respect of a premises closure order is to remain so published while the order is in effect.

15.    Section 154 amended (Offences against authorised officers)

The penalty under section 154(1) of the Principal Act is amended by omitting "100 penalty units" and substituting "250 penalty units".

16.   Repeal of Act

This Act is repealed on the first anniversary of the day on which this Act commenced.

[Second reading presentation speech made in:

House of Assembly on 16 APRIL 2026

Legislative Council on 25 JUNE 2026]