Public Health (Infringement Notices) Amendment Regulations 2026

Public Health (Infringement Notices) Amendment Regulations 2026

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Public Health Act 1997 .

13 October 2026

CAROLINE WELLS

Governor

By Her Excellency's Command,

BRIDGET ARCHER

Minister for Health, Mental Health and Wellbeing

1.   Short title

These regulations may be cited as the Public Health (Infringement Notices) Amendment Regulations 2026 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Public Health (Infringement Notices) Regulations 2022 are referred to as the Principal Regulations.

4.    Schedule 1 amended (Infringement Notice Offences)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by inserting after paragraph (b) in item 5 the following items:

5A.	Section 64(1)
	(a) for a first offence	20
	(b) for a second offence	40
	(c) for a third or subsequent offence	80
5B.	Section 64(2)
	(a) for a first offence	20
	(b) for a second offence	40
	(c) for a third or subsequent offence	80
5C.	Section 64(3)
	(a) for a first offence	20
	(b) for a second offence	40
	(c) for a third or subsequent offence	80

(b) by inserting after item 23 the following items:

23A.	Section 69B(1)	25
23B.	Section 69B(2)	5

(c) by inserting after item 24 the following item:

24A.

Section 70A(2)

10

(d) by omitting item 36 and substituting the following item:

36.	Section 73
	(a) in the case of an individual
	(i) for a first offence	20
	(ii) for a second offence	40
	(iii) for a third or subsequent offence	80
	(b) in the case of a body corporate
	(i) for a first offence	40
	(ii) for a second offence	80
	(iii) for a third or subsequent offence	250

(e) by omitting item 38 and substituting the following item:

38.	Section 74A(1)
	(a) in the case of an individual
	(i) for a first offence	20
	(ii) for a subsequent offence	80
	(b) in the case of a body corporate
	(i) for a first offence	40
	(ii) for a subsequent offence	160

(f) by inserting after item 40 the following items:

40A.	Section 74LD(1)
	(a) in the case of an individual
	(i) for a first offence	20
	(ii) for a second offence	40
	(iii) for a third or subsequent offence	80
	(b) in the case of a body corporate
	(i) for a first offence	40
	(ii) for a second offence	80
	(iii) for a third or subsequent offence	250
40B.	Section 74LD(2)
	(a) in the case of an individual
	(i) for a first offence	20
	(ii) for a second offence	40
	(iii) for a third or subsequent offence	80
	(b) in the case of a body corporate
	(i) for a first offence	40
	(ii) for a second offence	80
	(iii) for a third and subsequent offence	250
40C.	Section 74LE(1)
	(a) in the case of an individual
	(i) for a first offence	20
	(ii) for a second offence	40
	(iii) for a third or subsequent offence	80
	(b) in the case of a body corporate
	(i) for a first offence	40
	(ii) for a second offence	80
	(iii) for a third or subsequent offence	250
40D.	Section 74LE(3)
	(a) in the case of an individual
	(i) for a first offence	20
	(ii) for a second offence	40
	(iii) for a third or subsequent offence	80
	(b) in the case of a body corporate
	(i) for a first offence	40
	(ii) for a second offence	80
	(iii) for a third or subsequent offence	250
40E.	Section 74LI(1)
	(a) in the case of an individual	100
	(b) in the case of a body corporate	200
40F.	Section 74LI(2)
	(a) in the case of an individual	80
	(b) in the case of a body corporate	160
40G.	Section 74LI(3)
	(a) in the case of an individual	80
	(b) in the case of a body corporate	160

(g) by inserting after item 64 the following item:

64A.

Section 154(1)

50

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 15 October 2026

These regulations are administered in the Department of Health.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Public Health (Infringement Notices) Regulations 2022 to –

(a) prescribe certain offences relating to tobacco and other smoking products as offences in respect of which an infringement notice may be served on a person; and

(b) increase the penalties applicable to certain offences.