2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Roslyn Dundas)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Roslyn Dundas)

An Act to amend the Tobacco Act 1927, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Tobacco (Vending Machine Ban) Amendment Act 2004.

(1) Section 14 commences on the day after this Act’s notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) The remaining provisions commence on 1 September 2005.

This Act amends the Tobacco Act 1927.

Note This Act also amends the Tobacco Regulations 1991 (see pt 3)

This part amends the Tobacco Act 1927.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to an offence committed by a person against s 16 (Prohibition on sale of smoking products by vending machine) of this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

except in the case of a vending machine from which smoking products are sold—

(1) A person commits an offence if—

(a) the person places a vending machine on premises; and

(b) the vending machine is used, or is available for use, by members of the public.

Maximum penalty: 50 penalty units.

(2) A person commits an offence if—

(a) the person occupies premises where there is a vending machine; and

(b) the vending machine is used, or is available for use, by members of the public.

Maximum penalty: 50 penalty units.

(other than a vending machine)

(including management of a retail outlet where a vending machine is used for the sale of smoking products)

The registrar must not grant, renew or revive a tobacco licence that would authorise the use of a vending machine for the sale of tobacco products.

(1) The registrar must not grant, renew or revive a tobacco licence that would authorise the use of a vending machine for the sale of tobacco products if the use would be authorised on or after 1 September 2005.

(2) This provision expires on 1 September 2005.

(a) if the applicant holds another licence—the licence applied for would authorise the sale of smoking products at premises while, under a variation of the other licence under

section 56 (2) (b), the sale of smoking products at the premises has been prohibited.

(1) This section applies if the registrar has reasonable grounds for believing that a person who is a licensee has contravened this Act or a condition of the licence.

, the use of vending machines for the sale of smoking products

(b) disqualify the person from holding a tobacco licence for 5 years after the notice is given to the person.

point of sale means a place, identified in accordance with the regulations (if any), where smoking products are sold within a retail outlet or wholesale outlet.

vending machine means a machine or mechanical device used or able to be used for the purpose of selling smoking products without the personal manipulation or attention of the seller, or the seller’s employee or agent, at the time of the sale.

This part amends the Tobacco Regulations 1991.

(other than a vending machine)

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.