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This is a Bill, not an Act. For current law, see the Acts databases.
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Assistant Minister for Health)
Contents
Page
2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Assistant Minister for Health)
Smoke-Free Legislation Amendment Bill 2016
A Bill for
An Act to amend legislation about smoking, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Smoke-Free Legislation Amendment Act 2016
.
This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act
, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act
, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see
, s 79).
This Act amends the following legislation:
•
•
•
.
Note This Act also amends other legislation (see sch 1).
Part 2 Smoke-Free Public Places Act 2003
omit
substitute
5 Meaning of
smoke
Section 5B (1)
substitute
(1) For this Act, smoke means—
(a) smoke from an ignited smoking product; or
(b) vapour from a personal vaporiser.
Note A personal vaporiser is a smoking product (see Tobacco and Other Smoking Products Act 1927
, s 3A).
omit
puffs smoke
substitute
puffs, draws or inhales smoke
after
it is ignited
insert
or a personal vaporiser while it is activated
omit everything before paragraph (a), substitute
(3) However, a person does not smoke only because the person holds or has control over a smoking product or personal vaporiser if the person holds or has control over it for the purpose of extinguishing it, deactivating it, or removing it from—
omit
10 Meaning of outdoor eating or
drinking place
Section 9A (1) (c) (ii), except examples
substitute
(ii) tables or chairs are provided for use by people consuming food or drink provided at the place.
11 Section 9A (1) (c) (ii), new examples 4 to 6
insert
4 an outdoor area at premises containing stand-up tables at which food or drink purchased at the premises may be consumed
5 an outdoor area containing milk crates to sit on at a cafe
6 a sports stadium containing chairs at which food or drink purchased at outlets at the sports stadium may be consumed
12 Section 9A (4), new definition of licensed premises
insert
licensed premises—see the Liquor Act 2010
, dictionary.
13 Inspectors
Section 10 (1)
(a)
omit
substitute
14 Dictionary, definition of herbal product
omit
15 Dictionary, new definition of personal vaporiser
insert
personal vaporiser—see the Tobacco and Other Smoking Products Act 1927
, section 3B.
16 Dictionary, definition of smoking product
substitute
smoking product—see the Tobacco and Other Smoking Products Act 1927
, section 3A.
17 Dictionary, definition of tobacco product
omit
Part 3 Smoking in Cars with Children (Prohibition) Act 2011
substitute
6 Meaning of smoke
substitute
(1) For this Act, smoke means—
(a) smoke from an ignited smoking product; or
(b) vapour from a personal vaporiser.
Note A personal vaporiser is a smoking product (see Tobacco and Other Smoking Products Act 1927
, s 3A).
after
it is ignited
insert
or a personal vaporiser while it is activated
omit
22 Dictionary, definition of herbal product
omit
23 Dictionary, new definition of personal vaporiser
insert
personal vaporiser—see the Tobacco and Other Smoking Products Act 1927
, section 3B.
24 Dictionary, definition of smoking product
substitute
smoking product—see the Tobacco and Other Smoking Products Act 1927
, section 3A.
25 Dictionary, definition of tobacco product
omit
substitute
1 Name of Act
This Act is the Tobacco and Other Smoking Products Act 1927.
insert
3A Meaning of smoking product
In this Act:
smoking product means any of the following:
(a) a tobacco product;
(b) a herbal product;
(c) a personal vaporiser or a personal vaporiser related product.
3B Meaning of personal vaporiser and personal vaporiser related product
(1) In this Act:
personal vaporiser means—
(a) a device that—
(i) is made for the purpose or apparent purpose of delivering a substance into a person’s body when the person inhales through the device; and
(ii) has 1 or more of the following:
(A) a battery;
(B) an electric heating element;
(C) a cartridge or container to store a substance; or
(b) a device prescribed by regulation.
personal vaporiser related product means—
(a) a device or other product that—
(i) is not capable of being used to deliver a substance into an individual’s body without an adjustment, modification or addition; but
(ii) is apparently intended to be part of a personal vaporiser; or
(b) a device or other product to which paragraph (a) does not apply that is apparently intended to be used in connection with a personal vaporiser; or
(c) a device or other product prescribed by regulation.
Examples—personal vaporiser products
• an electric heating element, battery, cartridge, container or mouthpiece
• a product that combines an electric heating element and cartridge in a single unit
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(2) However, a personal vaporiser or a personal vaporiser related product does not include the following:
(a) a device designed to be used to deliver oxygen into an individual’s body;
(b) a drug pipe;
(c) any of the following within the meaning of the Therapeutic Goods Act 1989
(Cwlth) included in the Australian Register of Therapeutic Goods, other than a device prescribed as a personal vaporiser:
(i) a therapeutic good;
(ii) a medical device;
(iii) a therapeutic device;
(d) a device or other product prescribed by regulation.
(3) In this section:
Australian Register of Therapeutic Goods means the register of therapeutic goods established under the Therapeutic Goods Act 1989
(Cwlth), section 9A.
drug pipe—see the Criminal Code
, section 621A (2).
28 Dictionary, new definitions
insert
personal vaporiser—see section 3B.
personal vaporiser related product—see section 3B.
29 Dictionary, definition of smoking product
substitute
smoking product—see section 3A.
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Children and Young People Act 2008
omit
substitute
Part 1.2 Fair Trading (Australian Consumer Law) Act 1992
[1.2] Section 34 (2), definition of consumer and trader legislation, paragraph (g)
substitute
(g) the
.
Part 1.3 Magistrates Court (Tobacco Infringement Notices) Regulation 2010
substitute
1 Name of regulation
This regulation is the Magistrates Court (Tobacco and Other Smoking Products Infringement Notices) Regulation 2010.
omit
substitute
substitute
Schedule 1 Tobacco and Other Smoking Products Act infringement notice offences and penalties
[1.6] Dictionary, definition of authorised officer
omit
substitute
[1.7] Dictionary, definition of Tobacco Act
omit
[1.8] Dictionary, new definition of Tobacco and Other Smoking Products Act
insert
Tobacco and Other Smoking Products Act means the Tobacco and Other Smoking Products Act 1927
.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 10 March 2016.
2 Notification
Notified under the
on 2016.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2016
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