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PUBLIC HEALTH (TOBACCO) ACT 2008 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 59)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
this Act
any other Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) The provisions of this Schedule are subject to the regulations.

Part 2 - Provisions consequent on enactment of this Act

2 Existing regulations

The Public Health (Tobacco) Regulation 1999 is taken to have been made under this Act.

3 Existing authorised officers

(1) A person who was authorised as an officer for the purposes of Part 6 of the Public Health Act 1991 by an order made by the Director-General and in force immediately before the repeal of that Part is taken to be an inspector for the purposes of this Act.
(2) Nothing in subclause (1) prevents the Director-General from revoking the authorisation of a person referred to in that subclause as an inspector.

4 Existing declarations and consents

(1) A declaration made under section 54A of the Public Health Act 1991 and in force immediately before the repeal of that section is taken to have been made under section 29 of this Act.
(2) Section 61L of the Public Health Act 1991 (as in force immediately before its repeal) continues to apply to proceedings for offences under Division 4 of Part 6 of that Act (as in force immediately before its repeal) as if that section had not been repealed.

5 Lead-in periods for offences against section 9

(1) This clause applies to persons engaged in tobacco retailing immediately before the introduction date.
(2) A person to whom this clause applies does not commit an offence against section 9--
(a) in the case of a person who, immediately before the introduction date, employed more than 50 people--during the period of 6 months after the commencement of that section, or
(b) in the case of a person other than a person referred to in paragraph (a) or a specialist tobacconist--during the period of 12 months after the commencement of that section.
(3) A person to whom this clause applies who is a specialist tobacconist does not commit an offence against section 9--
(a) during the period of 12 months after the commencement of that section in relation to the display of tobacco products, non-tobacco smoking products and smoking accessories that can be seen by members of the public whether from inside or outside the premises at which they are sold, and
(b) during a further period of 3 years from the expiration of the 12-month period referred to in paragraph (a) in relation to the display of tobacco products, non-tobacco smoking products and smoking accessories if those products and accessories are displayed on the premises at which they are sold in accordance with the regulations.
(4) Subclause (3) (b) applies only to premises on which the specialist tobacconist concerned engaged in tobacco retailing immediately before the introduction date and, if the tobacconist moved that tobacco retailing business to new premises after that date, to the new premises, but does not apply to any additional premises opened after that date by the tobacconist.
(5) For the purposes of this clause, a specialist tobacconist is a person who the Director-General determines carries on a business that had, for the year immediately preceding the introduction date (or, if the person had been engaged in tobacco retailing for less than a year before that date, for the period for which the person had been engaged in tobacco retailing), a gross turnover at least 80 per cent of which was obtained from the sale of tobacco products, non-tobacco smoking products or smoking accessories.
(6) A determination under subclause (5) may only be made on an application made within 6 months after the commencement of section 9 and accompanied by the fee prescribed by the regulations.
(7) The Director-General may request that an applicant for a determination under subclause (5) provide such information or documentation as the Director-General requires to determine the application. The Director-General may refuse to determine the application unless any such information or documentation is provided within the time required by the Director-General.
(8) In this clause,
"introduction date" means the day on which the Bill for this Act was introduced into Parliament.

6 Lead-in periods for other new offences

(1) During the period of 6 months after the commencement of section 12 (1), a person does not commit an offence against that subsection in relation to a tobacco vending machine situated in premises set aside by an employer as a staff amenity area if the vending machine was lawfully placed on those premises before that commencement.
(2) During the period of 6 months after the commencement of section 12 (2), a person does not commit an offence against that subsection in relation to a tobacco vending machine if the vending machine was lawfully placed on the premises concerned before that commencement.
(3) A person does not commit an offence against section 13 during the period of 6 months after the commencement of that section.

7 Shopper loyalty programs

A shopper loyalty program referred to in section 18 is not enforceable and no compensation is payable to any person as a consequence of the enactment of that section or this clause.

8 Confiscation of proof of age cards

The following persons are authorised persons for the purposes of clause 21 (Confiscation of existing RTA proof of age cards) of Schedule 1 to the Liquor Act 2007 --

(a) any police officer,
(b) a person who sells tobacco products or non-tobacco smoking products and any employee of that person (being a person or employee of or above the age of 18 years), but only while on, or in the immediate vicinity of, the premises where the tobacco products or non-tobacco smoking products are sold.

Part 3 - Provisions consequent on enactment of Smoke-free Environment Amendment Act 2018

9 Definition

In this Part--

"amending Act" means the Smoke-free Environment Amendment Act 2018 .

10 Existing tobacco retailers and e-cigarette retailers

(1) A person who, immediately before the substitution of section 39 by the amending Act, had been issued a tobacco retailer notification number by the Secretary is taken to have notified the Secretary of an intention to engage in tobacco retailing under that section as so substituted.
(2) A tobacco retailer notification number issued under section 39 before the substitution of that section is taken to be a retailer identification number for the purposes of that section.
(3) A person who was engaged in e-cigarette retailing immediately before the substitution of section 39 by the amending Act does not commit an offence against section 39 if the person gives notice of the intention to engage in e-cigarette retailing within the period of 3 months after the day of that substitution.



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