Queensland: Tobacco and Other Smoking Products Act 1998 (Qld)

Tobacco and Other Smoking Products Act 1998 An Act to restrict the supply of tobacco and other smoking products to children, to restrict advertising and promotion of tobacco and other smoking products and illicit nicotine products, to prohibit smoking in certain places, to restrict supply and possession of illicit nicotine products, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Tobacco and Other Smoking Products Act 1998. 2 Commencement (1) This Act (other than section 75) commences on a day to be fixed by proclamation. (2) Section 75 commences 6 months after the day fixed under subsection (1). 3 Object of Act The object of this Act is to improve the health of members of the public by reducing their exposure to tobacco, other smoking products and illicit nicotine products. 4 How object is to be achieved The object is to be achieved mainly by— (a) restricting the supply of tobacco and other smoking products to children; and (b) restricting the supply and possession of illicit tobacco and illicit nicotine products; and (c) restricting the advertising and promotion of tobacco, other smoking products and illicit nicotine products; and (d) reducing public exposure to smoke from tobacco, other smoking products and illicit nicotine products; and (e) establishing a framework for monitoring, investigative and enforcement activities; and (f) establishing a licensing scheme for the sale of smoking products, including a disciplinary scheme for licensees. 5 Definitions The dictionary in the schedule 1 defines particular words used in this Act. 6 Who is a responsible adult A responsible adult, for a child, is an adult who— (a) is the child's parent, step-parent or guardian; or (b) has parental rights and responsibilities for the child. Example of responsible adult under paragraph (b)— an adult who is an aunt or uncle of a child, living with the child 7 Meaning of vaping-related terms (1) In this Act— vaping accessory means a cartridge, capsule, pod or other vessel— (a) that is for use in, or with, a vaping device; and (b) whether or not the cartridge, capsule, pod or other vessel— (i) contains a vaping substance; or (ii) is designed or intended to be refilled. vaping device— (a) means— (i) a device, whether or not filled with a vaping substance, that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or (ii) a device to which subparagraph (i) would apply if the device were not temporarily or permanently inoperable, incomplete, damaged or unfinished; and (b) does not include— (i) a device included in the register under the Therapeutic Goods Act 1989 (Cwlth), other than a device designed for use by a person for smoking cessation or management of nicotine dependence; or (ii) a device designed to be used to deliver oxygen into an individual's body; or (iii) a bong, hookah or ice pipe; or (iv) a device prescribed by regulation not to be a vaping device. vaping goods— (a) means any of the following goods— (i) a vaping substance; (ii) a vaping accessory; (iii) a vaping device; (iv) goods the presentation of which includes an express or implied representation that the goods are of a type mentioned in subparagraph (i), (ii) or (iii); Note— See also subsection (2) in relation to the presentation of goods. (v) goods that are, or are included in a class of goods that are, prescribed by regulation under subsection (3) to be vaping goods; and (b) does not include goods that are, or are included in a class of goods that are, prescribed by regulation under subsection (3) not to be vaping goods. vaping substance— (a) means— (i) nicotine in solution in any concentration, including in a salt or base form; or (ii) any liquid or other substance for use in, or with, a vaping device; and (b) includes a container or part of a container, other than a vaping accessory or vaping device, in which a liquid or other substance mentioned in paragraph (a)(i) or (ii) is present. (2) For subsection (1), definition vaping goods, paragraph (a)(iv)— (a) the presentation of goods includes matters relating to— (i) the name of the goods; and (ii) the labelling and packaging of the goods; and (iii) any advertising or informational material associated with the use or supply of the goods; and (b) goods are taken to be presented as being a particular type of goods even if the presentation— (i) is capable of being misleading or confusing as to the content or proper use or identification of the goods; or (ii) suggests that the goods have ingredients, components or characteristics that they do not have. (3) A regulation may prescribe that stated goods or stated classes of goods— (a) are or are not vaping goods; or (b) when used, advertised, or presented for use or supply in a stated way, are or are not vaping goods. 8 Meaning of retail outlet (1) A retail outlet is premises at which smoking products are available for sale by retail. (2) Each of the premises mentioned in subsection (1) is taken to be a separate retail outlet regardless of ownership, any trading name or franchise agreements relating to the premises. 9 Meaning of wholesale outlet (1) A wholesale outlet is premises from which smoking products are available for sale by wholesale. (2) Each of the premises mentioned in subsection (1) is taken to be a separate wholesale outlet regardless of ownership, any trading name or franchise agreements relating to the premises. 10 Acceptable evidence of age For this Act, acceptable evidence of the age of a person is a document that— (a) is a driver licence, proof of age card, an Australian or foreign passport or an Australia Post Keypass; and (b) bears a photograph of the person; and (c) indicates by reference to the person's date of birth or otherwise that the person has attained a particular age. 11 Act binds all persons This Act binds all persons. Part 2 Retail and wholesale licences Division 1 Preliminary 12 Definitions for part In this part— information notice, for a decision, means a notice stating the following information— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons. (c) that the person to whom the notice is given may ask for a review of the decision under this Act; (d) how, and the period within which, the review may be started; (e) if the person may apply for a stay of the operation of the decision under this Act—how the person may apply for the stay. licensed retailer means a retailer that holds a retail licence. online sale means a sale transacted over the internet. retailer means a business that, as part of a business activity, sells smoking products to the public by way of retail sale. retail licence means a licence granted under this Act that authorises the sale of smoking products to the public by retail sale. retail licence (liquor) means a retail licence under which the authorisation is limited to selling smoking products to customers at liquor licensed premises. specific conditions see section 15(1). wholesale licence means a licence granted under this Act that authorises the sale of smoking products to licensed retailers by wholesale. Division 2 General information about licences 13 Retail licence (1) A retail licence authorises the licensee to sell smoking products to the public by retail from 1 retail outlet or 1 online shop. Note— Selling smoking products from more than 1 retail outlet or online shop requires additional retail licences. (2) However— (a) if an online shop is for online sales of smoking products from 1 retail outlet, a retail licence authorises the licensee to sell smoking products by retail from both the online shop and the retail outlet; and (b) the authorisation under a retail licence (liquor) is limited to selling smoking products to customers at 1 liquor licensed premises. (3) The authorisation under a retail licence may be expanded by a specific condition authorising the licensee to sell limited quantities of smoking products by wholesale to smaller licensed retailers (a limited wholesale condition). 14 Wholesale licence (1) A wholesale licence authorises the licensee to sell smoking products by wholesale to licensed retailers from 1 wholesale outlet or 1 online shop. Note— Selling smoking products from more than 1 wholesale outlet or online shop requires additional wholesale licences. (2) However, if an online shop is for online sales of smoking products from 1 wholesale outlet, a wholesale licence authorises the licensee to sell smoking products by wholesale from both the online shop and the wholesale outlet. 15 Conditions of retail or wholesale licences (1) A retail or wholesale licence is subject to conditions imposed on the licence by the chief executive under this part (the specific conditions). (2) A retail or wholesale licence is also subject to the conditions prescribed by regulation (the general conditions). 16 When retail or wholesale licence ceases to have effect (1) A retail or wholesale licence ceases to have effect if— (a) the licence is cancelled or surrendered; or (b) the business for the licence is sold. (2) A retail or wholesale licence does not have effect during any period of suspension of the licence. (3) A retail licence (liquor) also— (a) ceases to have effect if the related liquor licence is cancelled or surrendered; and (b) does not have effect during any period of suspension of the related liquor licence. Division 3 Application and grant 17 Who may apply for retail or wholesale licence (1) The following entities may apply to the chief executive for a retail or wholesale licence— (a) the owner of a business that proposes to sell smoking products; (b) an adult individual, corporation or partnership that proposes to establish a business that is intended to sell smoking products; (c) an adult individual, corporation or partnership that proposes to purchase a business that sells smoking products. (2) However, if smoking products are proposed to be sold at liquor licensed premises— (a) the application must be for a retail licence (liquor); and (b) only the liquor licensee for liquor licensed premises may apply to the chief executive for the licence. (3) If the applicant is a partnership, the partners must jointly make the application under subsection (1). (4) In this section— owner, of a business, means the adult individual, corporation or partnership that owns and controls the business. 18 Requirements for application (1) An application for a retail or wholesale licence must— (a) be made in the approved form; and (b) if the applicant is a corporation—include sufficient information to identify the directors of the corporation; and (c) be accompanied by the proof of identification required by the approved form; and (d) if the application relates to a retail or wholesale outlet—identify the location of the retail or wholesale outlet; and (e) if the application relates to an online shop—state the website address of the online shop; and (f) if the application relates to the sale of smoking products at liquor licensed premises—be accompanied by a copy of the liquor licence for the premises; and (g) be accompanied by sufficient information to identify all licences to supply a smoking product by retail or wholesale, if any, held by the applicant under a law of the Commonwealth or another State; and (h) be accompanied by the fee, if any, prescribed by regulation. (2) The application must be made for either a retail or wholesale licence. Note— Two separate applications are required if a person intends to apply for a retail licence and a wholesale licence. (3) Also, if the application relates to the sale of smoking products at liquor licensed premises, the application must be for a retail licence (liquor). (4) If the application is made by a partnership, the application must— (a) nominate either of the following for the partnership— (i) the firm-name; (ii) the Australian registered body number; and (b) include identifying information for each partner; and (c) identify any limited partners. (5) In this section— Australian registered body number means the number given by ASIC to a registrable body on registration under the Corporations Act, part 5B.2. firm-name see the Partnership Act 1891, schedule. limited partner see the Partnership Act 1891, schedule. registrable body see the Corporations Act, section 9. 19 Rejection of particular applications (1) The chief executive must reject an application for a retail or wholesale licence if— (a) the applicant applied for a retail or wholesale licence in the previous 6 months and the application was refused; or (b) the applicant held a retail or wholesale licence that was cancelled within the previous 6 months. (2) Any fee paid for an application rejected under subsection (1) must be returned to the applicant. 20 Criteria for grant (1) The chief executive may grant an application for a retail or wholesale licence only if satisfied— (a) if the application is made by a partnership—each partner is a fit and proper person to be a licensee; or (b) otherwise—the applicant is a fit and proper person to be a licensee. (2) However, the chief executive must grant an application for a retail licence (liquor) if the applicant is the liquor licensee for the liquor licensed premises at which smoking products are proposed to be sold. (3) Subsection (2) does not apply if— (a) a retail licence (liquor) for the liquor licensed premises has ever been cancelled; or (b) the liquor licence for the liquor licensee is suspended. (4) The chief executive must refuse to grant an application for a retail licence (liquor) if— (a) the applicant is not the liquor licensee for the liquor licensed premises at which smoking products are proposed to be sold; or (b) the liquor licence for the liquor licensee is not in force when the application is considered. (5) A limited wholesale condition may only be granted for a retail licence if— (a) retail sales are the primary activity of the business to which the licence relates; and (b) the retail outlet for the licence is not a liquor licensed premises. 21 Deciding application (1) After considering an application for a retail or wholesale licence, the chief executive must decide to— (a) grant the application; or (b) refuse to grant the application. (2) Also, if the applicant is not yet the owner of the business to which the application relates, the chief executive may grant the application on the condition that the applicant becomes the owner of the business. Example— If the applicant is a corporation that proposes to purchase a business that sells smoking products, the chief executive may grant the application subject to the condition that the applicant completes the purchase. (3) In granting the application, the chief executive may impose conditions on the licence that the chief executive considers appropriate for the purpose of ensuring compliance with this Act or mitigating the health risks associated with the sale of smoking products. (4) In this section— owner, of a business, means the adult individual, corporation or partnership that owns and controls the business. 22 Notice of decision (1) As soon as practicable after deciding an application for a retail or wholesale licence, the chief executive must give the applicant notice of the decision. (2) The notice of the decision must be an information notice if the decision is to— (a) grant the licence with specific conditions; or (b) refuse to grant the licence. 23 Term of retail or wholesale licence A retail or wholesale licence— (a) is granted for the term of 1 year or the shorter period stated in the licence and agreed to by the licensee; and (b) takes effect on the day stated in the licence. Division 4 Renewal and restoration 24 Application for renewal of retail or wholesale licence (1) Before a retail or wholesale licence expires, the licensee may apply to the chief executive to renew the licence. (2) The application must be— (a) made in the approved form; and (b) accompanied by the fee prescribed by regulation. (3) If the term of the retail or wholesale licence ends before the application is decided, the licence continues in effect under this section until the day the chief executive gives the licensee notice of the decision under section 28 or the application is withdrawn, whichever happens first. (4) Nothing in subsection (3) prevents the retail or wholesale licence being suspended or cancelled during the period the licence is continued under that subsection. 25 Application for restoration of expired retail or wholesale licence (1) If a retail or wholesale licence expires, the licensee may, within 28 days after the expiry, apply to the chief executive to restore the licence. (2) The application must be— (a) made in the approved form; and (b) accompanied by the fee prescribed by regulation. (3) The retail or wholesale licence is taken to have continued in effect under this section from the day of expiry until the day the chief executive gives the licensee notice of the decision under section 28 or the application is withdrawn, whichever happens first. (4) Nothing in subsection (3) prevents the retail or wholesale licence being suspended or cancelled during the period the licence is continued under that subsection. 26 Criteria for grant (1) The chief executive may grant an application for the renewal or restoration of a retail or wholesale licence only if satisfied— (a) if the application is made by a partnership—each partner is a fit and proper person to be a licensee; or (b) otherwise—the applicant is a fit and proper person to be a licensee. (2) However, subsection (3) applies if the application is for the renewal or restoration of a retail licence (liquor). (3) Section 20(2) to (4) applies to the application as if a reference to an application for a retail licence (liquor) in that section were a reference to an application for renewal or restoration of a retail licence (liquor). 26CA [Repealed] 26CB [Repealed] 26F [Repealed] 26G [Repealed] 26H [Repealed] 26I [Repealed] 26IB [Repealed] 26IC [Repealed] 26RA [Expired] 26T [Repealed] 26VA [Repealed] 26VI [Repealed] 26VM [Repealed] 26VP [Repealed] 26VR [Repealed] 26VT [Repealed] 26VV [Repealed] 26VX [Repealed] 26ZGB [Repealed] 26ZGC [Repealed] 26ZGD [Repealed] 26ZGE [Repealed] 26ZGF [Repealed] 26ZL [Repealed] 26ZM [Repealed] 26ZN [Repealed] 26ZO [Repealed] 26ZP [Repealed] 26ZPE [Repealed] 27 Deciding application After considering an application for the renewal or restoration of a retail or wholesale licence, the chief executive must decide to— (a) grant the application; or (b) refuse to grant the application. 28 Notice of decision (1) As soon as practicable after deciding an application for the renewal or restoration of a retail or wholesale licence, the chief executive must give the applicant notice of the decision. (2) The notice of the decision must be an information notice if the decision is to refuse to grant the application. 29 Term of retail or wholesale licence if renewed or restored The renewal or restoration of a retail or wholesale licence extends the term of the licence— (a) by 1 year or the shorter period agreed to by the licensee; and (b) starting on the day after the licence would have expired but for the renewal or restoration. Division 5 Changes to licences Subdivision 1 Changes requested by licensee 30 Application for change requested by licensee (1) A licensee may apply to the chief executive to change a specific condition of the retail or wholesale licence, including, for example, applying for the inclusion of a limited wholesale condition. (2) The application must be— (a) made in the approved form; and (b) accompanied by the fee, if any, prescribed by regulation. 31 Deciding application (1) After considering an application to change a specific condition, the chief executive may decide to— (a) grant the application; or (b) refuse to grant the application. (2) In granting the application, the chief executive may amend or remove a specific condition of the licence to the extent it is necessary to grant the application. (3) However, a limited wholesale condition may only be applied to a retail licence if retail sales are the primary activity of the business to which the licence relates. (4) The change to a specific condition takes effect on the day stated in the notice of the decision. (5) If the decision is to grant the application, the chief executive must give the applicant a replacement copy of the licence incorporating the granted changes. 32 Notice of decision (1) As soon as practicable after deciding an application to change a specific condition, the chief executive must give the applicant notice of the decision. (2) The notice of the decision must be an information notice if the decision is to refuse to change all the specific conditions as requested in the application. Subdivision 2 Changes made by chief executive 33 Application of subdivision This subdivision applies if the chief executive— (a) reasonably suspects a ground exists for suspending a licence under section 36 or cancelling a licence under section 37; and (b) reasonably believes it is necessary in the circumstances, to ensure the health and wellbeing of customers of the licensee, to take the following action instead of suspending or cancelling the licence— (i) impose a new specific condition on the licence; (ii) change a specific condition of the licence. 34 Show cause notice before changing specific conditions (1) This section applies if, because of a suspicion and belief mentioned in section 33, the chief executive proposes making either of the following changes for a retail or wholesale licence— (a) imposing a new specific condition on the licence; (b) changing a specific condition of the licence. (2) Before making the change to the retail or wholesale licence, the chief executive must give the licensee a notice (a show cause notice) stating— (a) the chief executive proposes to make the change; and (b) the details of the proposed change; and (c) the reasons for the proposed change; and (d) that the holder may, within 28 days after the notice is given, give the chief executive a written response to the proposed change. 35 Decision about changing conditions (1) This section applies if the chief executive gives a licensee a show cause notice under section 34. (2) The chief executive must consider all responses complying with section 34(2)(d) before deciding whether to make the change proposed in the show cause notice. (3) After considering the responses under subsection (2), the chief executive must— (a) decide whether to make any of the changes proposed in the show cause notice; and (b) give the licensee notice of the decision. (4) If the decision is to make all or some of the changes proposed in the show cause notice— (a) the notice of the decision given to the licensee must be an information notice; and (b) the chief executive must give the licensee a replacement copy of the licence incorporating the changes. (5) A new or changed specific condition takes effect on the day stated in the information notice. (6) The day stated in the information notice must be after the day the notice is given to the licensee. Division 6 Suspension, cancellation and surrender 36 Suspension (1) The chief executive may suspend a retail or wholesale licence if the chief executive reasonably believes any of the following disciplinary grounds apply— (a) the licence was granted, renewed or restored because of materially incorrect, false or misleading information; (b) the licensee has contravened a condition of the licence; (c) the licensee, or an employee of the licensee, has contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; (d) the licensee attempted to obstruct an authorised person in the exercise of a power under this Act; (e) the licensee failed to comply with a request to make premises available for inspection made under section 43; (f) the licensee held another retail or wholesale licence that was suspended or cancelled under this Act; (g) if the licensee is a partnership—a partner held a retail or wholesale licence that was suspended or cancelled under this Act. (2) Before suspending the retail or wholesale licence, the chief executive must give the licensee a notice (a show cause notice) stating— (a) the chief executive proposes to suspend the licence; and (b) the disciplinary grounds for the proposed suspension; and (c) the acts, omissions or circumstances that constitute the stated disciplinary grounds; and (d) that the licensee may, within 28 days after being given the notice, give the chief executive a written response to the notice. (3) After considering all responses to the show cause notice complying with subsection (2)(d), the chief executive must— (a) decide to— (i) take no further action; or (ii) suspend the retail or wholesale licence; and (b) give the licensee notice of the decision. (4) If the decision is to suspend the retail or wholesale licence, the notice must be an information notice. (5) The suspension— (a) takes effect on the day stated in the information notice; and (b) continues for the period of not more than 90 days as stated in the information notice. (6) The day stated in the information notice must be after the day the notice is given to the licensee. 37 Cancellation (1) The chief executive may cancel a retail or wholesale licence if the chief executive reasonably believes— (a) any of the disciplinary grounds mentioned in section 36(1)(a) to (g) apply in relation to the licence; or (b) the licensee is not a fit and proper person to be a licensee; or (c) if the licensee is a partnership—1 or more partners is not a fit and proper person to be a licensee; or (d) the licensee is placed in administration, is wound up or is deregistered under the Corporations Act. (2) Before cancelling the retail or wholesale licence, the chief executive must give the licensee a notice (a show cause notice) stating— (a) the chief executive proposes to cancel the retail or wholesale licence; and (b) the disciplinary grounds for the proposed cancellation; and (c) the acts, omissions or circumstances that constitute the stated disciplinary grounds; and (d) that the licensee may, within 28 days after being given the notice, give the chief executive a written response to the notice. (3) After considering all responses to the show cause notice complying with subsection (2)(d), the chief executive must— (a) decide to— (i) take no further action; or (ii) suspend or cancel the retail or wholesale licence; and (b) give the licensee notice of the decision. (4) If the decision is to suspend or cancel the retail or wholesale licence, the notice must be an information notice. (5) The suspension or cancellation— (a) takes effect on the day stated in the information notice; and (b) for a suspension—continues for the period of not more than 90 days as stated in the information notice. (6) The day stated in the information notice must be after the day the notice is given to the licensee. 38 Immediate suspension without show cause notice (1) This section applies if the chief executive reasonably believes— (a) a disciplinary ground exists for suspending or cancelling a retail or wholesale licence under section 36 or 37; and (b) carrying on the business to which the retail or wholesale licence relates is an unacceptable risk to public health. (2) The chief executive may, without giving the licensee a show cause notice under section 36 or 37, immediately suspend the retail or wholesale licence by giving the licensee an information notice for the decision. (3) The suspension— (a) takes effect on the day stated in the information notice; and (b) continues for the period of not more than 90 days as stated in the information notice. 39 Surrender (1) A licensee may surrender a retail or wholesale licence by written notice (a surrender notice) given to the chief executive. (2) A retail or wholesale licence surrendered under subsection (1) ceases to have effect on the day the surrender notice is given to the chief executive or any later day stated in the notice. Division 7 Other matters affecting licences Subdivision 1 Fit and proper persons 40 Deciding whether person is fit and proper (1) In deciding whether a person is a fit and proper person to be a licensee, the chief executive must have regard to the following matters— (a) whether the person holds or has previously held a retail or wholesale licence; (b) the specific conditions of any retail or wholesale licence held or previously held by the person; (c) whether a retail or wholesale licence held or previously held by the person is or has been suspended or cancelled; (d) whether or not the person has contravened this Act, regardless of whether the person has been convicted of an offence for the contravention; (e) whether or not the person has contravened a corresponding law; (f) whether the person has been convicted of an indictable offence relating to fraud, dishonesty, or tax or customs evasion; (g) if the person is an individual—whether the person— (i) is, or has been, an insolvent under administration under the Corporations Act, section 9; or (ii) is, or has been, disqualified from managing corporations under the Corporations Act, part 2D.6; (h) if the person is a corporation—whether the corporation is, or has been, placed into administration, receivership or liquidation. (2) Also, in deciding whether a person is a fit and proper person to be a licensee, the chief executive may have regard to— (a) if the licensee is a corporation— (i) whether or not a director of the corporation has contravened this Act, regardless of whether the person has been convicted of an offence for the contravention; and (ii) whether or not a director of the corporation has contravened a corresponding law; and (b) any other matter the chief executive considers relevant. (3) However, a liquor licensee is taken to be a fit and proper person to be a licensee for a retail licence (liquor) unless the liquor licence is suspended. 41 Criminal history report (1) This section applies if the chief executive is considering whether a person is a fit and proper person to be a licensee. (2) The chief executive may ask the commissioner of the police service for a criminal history report about— (a) the person being considered; and (b) if the person being considered is a corporation—a person who is a director of the corporation. (3) However, the chief executive may make the request only if the person has given the chief executive written consent for the request. (4) The commissioner of the police service must comply with the request. (5) However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner has access. (6) The chief executive must ensure any information received under this section— (a) is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested; and (b) is not used for any purpose other than the purpose for which it was requested. Example— Reusing the information for another matter involving the person to which the information relates. (7) For subsection (6)(a), information in an electronic document may be destroyed in a way that complies with a disposal authorisation given by the archivist under the Public Records Act 2023 for the disposal of public records of the department. Subdivision 2 Additional information and inspections of premises 42 Requesting further information or documents (1) This section applies if any of the following applications are made— (a) an application for a retail or wholesale licence under section 17; (b) an application to renew a retail or wholesale licence under section 24; (c) an application to restore a retail or wholesale licence under section 25; (d) an application to change a specific condition of a retail or wholesale licence under section 30. (2) The chief executive may, by written notice given to the applicant, ask the applicant for further information or a document the chief executive needs to decide the application. (3) The notice must be given to the applicant within 30 days after the application is made. (4) Information or documents given to the chief executive by the applicant under this section are taken to be part of the application and must be considered by the chief executive before deciding the application. (5) If the applicant does not give the chief executive requested information or documents within 14 days after receiving the notice, or the later day agreed to by the applicant and the chief executive, the application is taken to have been withdrawn. 43 Requesting inspection of premises (1) This section applies if— (a) any of the following applications is made— (i) an application for a retail or wholesale licence made under section 17; (ii) an application to renew a retail or wholesale licence made under section 24; (iii) an application to restore a retail or wholesale licence made under section 25; (iv) an application to change a specific condition of a retail or wholesale licence made under section 30; or (b) a licensee notifies the chief executive of a change of premises for a retail or wholesale outlet. (2) The chief executive may, by written notice given to the applicant or licensee, ask the applicant or licensee to ensure premises mentioned in the application or notice given to the chief executive are made available for inspection by the chief executive on— (a) the day stated in the written notice; or (b) a day to be agreed between the applicant and the chief executive. (3) The written notice must be given to the applicant or licensee within 30 days after the application is made or notice is given to the chief executive. (4) The day on which the premises are requested to be made available for inspection by the chief executive must be within 14 days after the day the written notice is given to the applicant or licensee. (5) If the premises are not made available for inspection by the chief executive on the stated or agreed day, the application is taken to have been withdrawn. Note— Failure of a licensee to make premises available for inspection in compliance with a request under this section is grounds for suspending or cancelling a retail or wholesale licence under section 36 or 37. Subdivision 3 Executors, administrators and trustees as licensees 44 Death of licensee (1) This section applies if a licensee, who is an individual, dies (the deceased). (2) The executor of the deceased's estate may carry on the business conducted under the retail or wholesale licence as the licensee. Note— Under section 47, the executor must notify the chief executive if the executor, administrator or trustee becomes the licensee. (3) If the executor carries on the business conducted under the retail or wholesale licence, the executor— (a) is taken to be the licensee; and (b) is taken to be a fit and proper person to be a licensee despite section 40. (4) However, the executor may, as licensee, apply to renew or restore the retail or wholesale licence only if the chief executive is satisfied the renewal or restoration is necessary for the proper administration of the deceased's estate. (5) To remove any doubt, it is declared that the retail or wholesale licence continues to be subject to all limitations applying to the licence, including, for example, the term of the licence and all conditions applying to the licence. (6) Nothing in this section prevents the retail or wholesale licence being suspended or cancelled while the executor is licensee under this section. (7) In this section— executor, of a deceased's estate, means the executor, administrator or trustee of the deceased's estate. 45 Licensee is placed into administration, receivership or liquidation (1) This section applies if a licensee is a corporation and is placed into administration, receivership or liquidation. (2) The administrator of the corporation may carry on the business conducted under the retail or wholesale licence as the licensee. Note— Under section 47, the administrator must notify the chief executive if the administrator becomes the licensee. (3) If the administrator of the corporation decides to carry on the business conducted under the retail or wholesale licence, the administrator— (a) is taken to be the licensee; and (b) is taken to be a fit and proper person to be a licensee despite section 40. (4) However, the administrator may, as licensee, apply to renew or restore the retail or wholesale licence only if the chief executive is satisfied the renewal or restoration is necessary for the administration, receivership or liquidation. (5) To remove any doubt, it is declared that the retail or wholesale licence continues to be subject to all limitations applying to the licence, including, for example, the term of the licence and all conditions applying to the licence. (6) Nothing in this section prevents the retail or wholesale licence being suspended or cancelled while the administrator is licensee under this section. Division 8 Obligations of licensees 46 Notification of convictions (1) This section applies if a licensee is convicted of any of the following offences during the term of the retail or wholesale licence— (a) an offence against this Act; (b) an offence against a corresponding law; (c) an offence relating to fraud, dishonesty, or tax or customs evasion; (d) an indictable offence. (2) The licensee must, within 14 days after being convicted of the offence, give notice of the conviction to the chief executive, unless the licensee has a reasonable excuse. Maximum penalty—140 penalty units. (3) The notice must state— (a) the date of the conviction; and (b) details adequate to identify the relevant offence for the conviction and when the offence was committed; and (c) the sentence imposed, if any, for the conviction. 47 Notification of particular events (1) This section applies if any of the following events happen in relation to a licence— (a) if the licensee is an individual— (i) the licensee is an insolvent under administration under the Corporations Act, section 9; or (ii) the licensee is disqualified from managing corporations under the Corporations Act, part 2D.6; (b) an executor, administrator or trustee becomes the licensee under section 44; (c) if the licensee is a corporation— (i) the corporation is placed into administration, receivership or liquidation; or (ii) there is a change of directors for the corporation; (d) an administrator becomes the licensee under section 45; (e) if the licensee sells smoking products at liquor licensed premises—the liquor licence for the premises is suspended, cancelled or otherwise ceases to have effect; (f) there is a change in the ownership of the business for the retail or wholesale licence; (g) the premises for a retail or wholesale outlet of the licensee changes; (h) the name, or business name, of the licensee changes. (2) The licensee must, within 14 days after the event happens, give notice of the event to the chief executive, unless the licensee has a reasonable excuse. Maximum penalty—140 penalty units. (3) The notice must state sufficient details to identify the event and when the event happened. 48 Licence to be displayed (1) A licensee must display an approved copy of the retail or wholesale licence at the retail or wholesale outlet for the licence so that the copy can be easily read by customers at the outlet at all times the outlet is open. Maximum penalty—50 penalty units. (2) If a licensee sells smoking products by online sale, the licensee must display an approved copy of the retail or wholesale licence on the website for the relevant online shop. Maximum penalty—50 penalty units. (3) If requested by an authorised person, a licensee must produce the retail or wholesale licence for inspection by the authorised person. Maximum penalty—50 penalty units. (4) As soon as practicable after a retail or wholesale licence ceases to have effect under section 16, the licensee must remove any display of the licence at a retail outlet, wholesale outlet or online shop. Maximum penalty—50 penalty units. (5) In this section— approved copy, of a retail or wholesale licence, means a copy of the licence that— (a) complies with the requirements prescribed by regulation; and (b) contains the information about the licence prescribed by regulation. 49 Invoices for supply to retailers (1) This section applies if either of the following licensees supplies a smoking product to a retailer— (a) a licensee for a wholesale licence; (b) a licensee for a retail licence to which a limited wholesale condition applies. (2) The licensee must give the retailer an invoice for the sale that is in English and that otherwise complies with the requirements prescribed by regulation. Maximum penalty—140 penalty units. (3) The retailer must keep a copy of the invoice for at least 2 years after being given the invoice. Maximum penalty—140 penalty units. 50 Chief executive may require licensee to give particular information (1) This section applies to information in the possession or control of a licensee that the chief executive— (a) requires to determine whether the licensee is a fit and proper person to be a licensee under section 40; or (b) considers necessary for the administration of this Act. (2) The chief executive may, by written notice given to the licensee, require the licensee to give the chief executive the information stated in the notice within a reasonable period of at least 14 days as stated in the notice. (3) The licensee must comply with the notice, unless the licensee has a reasonable excuse. Maximum penalty—50 penalty units. Division 9 Other offences 51 Wholesale to only be made to licensed retailers (1) The licensee for a wholesale licence must not sell a smoking product to a retailer unless the retailer holds a retail licence. Maximum penalty—1,000 penalty units. (2) For subsection (1), a licensee sells a smoking product if— (a) the licensee sells the product; or (b) an employee of the licensee sells the product in the course of the employee's employment. (3) It is a defence to a charge under subsection (1) for the licensee to prove that— (a) an employee sold the smoking product to the retailer; and (b) before the employee sold the smoking product, the licensee had taken prevention measures in relation to the employee. (4) This section also applies to a licensee for a retail licence to which a limited wholesale condition applies as if a reference to a wholesale licence were a reference to the retail licence. (5) In this section— prevention measures see section 63. 51B [Repealed] 52 Particular dealings with licences prohibited The licensee for a retail or wholesale licence must not— (a) purport to sell or transfer the licence to someone else; or (b) notify or advertise that the licence is available for sale or transfer; or (c) permit or allow someone else to hold out that the person is the holder of the licence. Maximum penalty—200 penalty units. 53 False or misleading information (1) A person must not, in relation to a retail or wholesale licence or an application under this Act— (a) state anything to the chief executive that the person knows is false or misleading in a material particular; or (b) give the chief executive information or a document the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply to a person if the person, when making the statement or giving the information or document— (a) tells the chief executive, to the best of the person's ability, how the statement, information or document is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive. Division 10 Register of licences 54 Chief executive must keep register (1) The chief executive must keep a register of all retail licences and wholesale licences. (2) The register must contain the following information for each retail or wholesale licence— (a) the business name for the retail or wholesale outlet for the licence; (b) the address of the retail or wholesale outlet for the licence. (3) The register may contain other information the chief executive considers appropriate. (4) The register is to be kept in the way the chief executive considers appropriate, including, for example, in an electronic form. (5) The chief executive may publish information contained in the register, other than personal information, on the department's website. (6) In this section— personal information means personal information within the meaning of the Information Privacy Act 2009, section 12, other than— (a) the name of a licensee; or (b) information that is lawfully available to the public. Division 11 Review of decisions Subdivision 1 Preliminary 55 Definitions for division In this division— affected person, for a decision, means— (a) if the decision is an original decision—a person who must be given an information notice for the decision under this part; or (b) if the decision is an internal review decision—the person who applied for the internal review. internal review, of an original decision, see section 57(1). internal review decision means a decision made, or taken to have been made, under section 59 on an application for an internal review of an original decision. original decision means a decision for which an information notice must be given under this part. QCAT information notice, for a decision, means a notice complying with the QCAT Act, section 157(2). Subdivision 2 Internal review 56 Review process must start with internal review An affected person for an original decision may apply to QCAT for a review of the decision only if a decision on an application for an internal review of the decision has been made, or taken to have been made, under this subdivision. 57 Who may apply for internal review (1) An affected person for an original decision may apply to the chief executive for a review of the decision under this subdivision (an internal review). (2) If the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision. (3) A failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person's right to apply for an internal review of the decision. 58 Requirements for application (1) An application for an internal review of an original decision must— (a) be made in the approved form; and (b) for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and (c) be made to the chief executive within— (i) for a person who has been given an information notice for the decision—20 business days after the day the person is given the notice; or (ii) for a person who has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision. (2) The chief executive may, at any time, extend the period within which the application may be made. (3) The application does not affect the operation of the original decision or prevent the decision being implemented. Note— Section 60 provides for a stay of the original decision. 59 Internal review (1) The chief executive must, within 20 business days after receiving an application for an internal review of an original decision— (a) review the original decision; and (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and (c) give the affected person for the original decision a QCAT information notice for the decision made under paragraph (b). (2) The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection. (3) For the purpose of delegating the power under this section, the application may be dealt with only by a person who— (a) did not make the original decision; and (b) holds a more senior office than the person who made the original decision. (4) Subsection (3) does not apply to an original decision made by the chief executive personally. (5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2), the chief executive is taken to confirm the original decision. Subdivision 3 Stays 60 QCAT may stay operation of original decision (1) If an application is made for an internal review of an original decision under subdivision 2, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision. (2) QCAT may make an order staying the operation of the original decision to secure the effectiveness of the internal review and any later review by QCAT. (3) A stay by QCAT under this section— (a) may be given on conditions QCAT considers appropriate; and (b) operates for the period fixed by QCAT; and (c) may be amended or revoked by QCAT. (4) The period of a stay by QCAT under this section must not extend past the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act. Subdivision 4 External review 61 Applying for external review (1) This section applies to a person who must be given a QCAT information notice for an internal review decision under section 59. (2) The person may apply to QCAT, as provided under the QCAT Act, for a review of the internal review decision. Note— The QCAT Act, section 22(3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative. Part 3 Supply of smoking products Division 1 Suppliers and employees 62 Application of div 1 This division does not apply to the supply of smoking products from coin operated vending machines. 63 Meaning of prevention measures for div 1 In this division— prevention measures, by a supplier in relation to an employee of the supplier, means— (a) instructing the employee— (i) not to supply smoking products to children in any circumstances, even if the supply is for, or claimed to be for, an adult; and (ii) to sight acceptable evidence of age for a person before supplying a smoking product to the person, unless satisfied the person is an adult; and (iii) if the employee is a child—not to supply smoking products to anyone in any circumstances; and (iv) to only supply smoking products as authorised under a retail or wholesale licence applying to the supplier, including all the conditions applying to the licence; and (b) warning the employee that if the employee supplies a smoking product to a person in disregard of the instructions mentioned in paragraph (a), the employee commits an offence against this Act; and (c) obtaining written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b). 64 Supplier must take prevention measures (1) A supplier must take prevention measures in relation to employees of the supplier. Maximum penalty—40 penalty units. (2) In this section— employee, of a supplier, means a person who supplies, or may supply, smoking products in the course of the person's employment. 65 Supplier must not sell smoking products without licence (1) A supplier must not sell a smoking product unless the supplier holds a retail or wholesale licence that authorises that type of sale. Maximum penalty—1,000 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A(1). (2) This section does not apply to— (a) a person selling smoking products as an employee of another person; or (b) a supplier that is a pharmacist if— (i) the smoking product is a regulated substance; and (ii) the supply is made because of a prescription. (3) In this section— supplier includes a person who, as part of a business activity, supplies smoking products to retailers. 66 Supplier must not supply smoking products to children (1) A supplier must not supply a smoking product to a child. Maximum penalty— (a) for a first offence—140 penalty units; or (b) for a second offence—280 penalty units; or (c) for a third or later offence—420 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A(1). (2) However, this section does not apply if the supply is by an employee of the supplier. 67 Supplier must ensure employees do not supply smoking products to children (1) A supplier must ensure an employee of the supplier does not supply a smoking product to a child. Maximum penalty— (a) for a first offence—140 penalty units; or (b) for a second offence—280 penalty units; or (c) for a third or later offence—420 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A(1). (2) However, a supplier does not commit an offence against subsection (1) if, before the supply, the supplier took the prevention measures in relation to the employee. 68 Supplier must ensure child employees do not supply or handle smoking products (1) A supplier must ensure a child employee of the supplier does not— (a) supply a smoking product to a person in the course of the child's employment; or (b) handle a smoking product in the course of the child's employment. Maximum penalty— (a) for a first offence—140 penalty units; or (b) for a second offence—280 penalty units; or (c) for a third or later offence—420 penalty units. Note— See section 241 for the application of this section to a small business. (2) Subsection (1) does not apply to the supply or handling of a smoking product if— (a) the supplier is a pharmacist; and (b) the smoking product is a regulated substance; and (c) the supplier only supplies the smoking product to persons under a prescription. (3) Also, subsection (1) does not apply to the handling of a smoking product if the purpose of the handling is to— (a) deliver smoking products to premises; or (b) load smoking products into, or unload smoking products from, a vehicle; or (c) warehouse smoking products. (4) It is a defence to a charge under subsection (1) for the supplier to prove that, before the supply, the supplier took the prevention measures in relation to the child employee. (5) In this section— child employee means an employee who is a child. 69 When employee of supplier liable (1) This section applies if a supplier has, in relation to an employee of the supplier, taken the prevention measures. (2) After the prevention measures have been taken, the employee of the supplier must not, in the course of the employee's employment— (a) supply a smoking product to a child; or (b) sell a smoking product unless the supplier holds a retail or wholesale licence that authorises that type of sale. Maximum penalty— (a) for a first offence—20 penalty units; or (b) for a second or later offence—40 penalty units. (3) This section does not apply to— (a) an employee who is a child; or (b) the sale of a smoking product if— (i) the supplier is a pharmacist; and (ii) the smoking product is a regulated substance; and (iii) the sale is made under a prescription. 70 Order prohibiting or restricting sale of smoking products (1) This section applies if a supplier is convicted of an offence against section 66 or 67. (2) The court sentencing the supplier for the offence may, on its own initiative or the application of the prosecutor, make an order— (a) prohibiting the supply of all or stated smoking products by the supplier; or (b) imposing conditions or restrictions on the supply of smoking products by the supplier. (3) The period of the order must not be more than— (a) for a first offence—6 months; or (b) for a second offence—1 year; or (c) for a third or later offence—3 years. (4) If, when the offence happened, the supplier supplied smoking products at more than 1 outlet, the order may apply only to an outlet where the offence happened. (5) The court may make the order in addition to imposing another penalty to which the supplier is liable because of the conviction. (6) A person must not contravene an order under this section. Maximum penalty—420 penalty units. (7) A conviction under subsection (6) for contravening an order does not affect the continuation of the order. 71 Power to require details of retail suppliers (1) This section applies if the chief executive reasonably believes a manufacturer or wholesaler of smoking products has supplied smoking products to suppliers for sale at retail outlets or online shops. (2) The chief executive may, by written notice given to the manufacturer or wholesaler, require the manufacturer or wholesaler to give all or any of the following information (the supplier information) to the chief executive for each supplier to which the manufacturer or wholesaler has supplied smoking products— (a) the name of the supplier; (b) if a supplier trades under a business name, that business name; (c) the address of the supplier's retail outlet; (d) the website address of the supplier's online shop; (e) the supplier's postal address; (f) the supplier's phone number; (g) the supplier's fax number and email address; (h) the chemical composition of the smoking products; (i) the number, type or quantity of smoking products. (3) The notice must state— (a) the period before the date of the notice, not exceeding 12 months, for which the supplier information is required; and (b) a date, not less than 28 days from the date of the notice, by which the supplier information must be given to the chief executive; and (c) the way the supplier information must be given to the chief executive. Example— The notice may require the supplier information to be given by fax or email. (4) The manufacturer or wholesaler must comply with the notice, unless the manufacturer or wholesaler has a reasonable excuse. Maximum penalty—70 pe