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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 56
Tobacco
Control Legislation Amendment Bill 2018
Ms
Fyles
A Bill for an Act to amend the Tobacco Control Act and Tobacco Control Regulations
NORTHERN TERRITORY OF AUSTRALIA
TOBACCO CONTROL LEGISLATION AMENDMENT ACT 2018
____________________
Act No. [ ] of 2018
____________________
Table of provisions
4A Application
to
e-cigarettes
42A Sale
of tobacco product by child employee
5A Prescribed
community events and community
facilities
Schedule
1 Prescribed community
events and community facilities
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2018
____________________
An Act to amend the Tobacco Control Act and Tobacco Control Regulations
[Assented to [ ] 2018]
[Introduced [ ] 2018]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Tobacco Control Legislation Amendment Act 2018.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Tobacco Control
Act
3 Act
amended
This Part amends the Tobacco Control Act.
After section 4
insert
4A Application to e-cigarettes
(1) This Act applies in relation to the following as if they were tobacco products:
(a) e-cigarettes;
(b) e-cigarette accessories;
(c) any other device or accessory prescribed by the Regulations.
(2) A reference in this Act that relates to smoke or smoking of tobacco products is to be read as including:
(a) a reference to vaping or other use of e-cigarettes; and
(b) a reference to the use of any other device or accessory prescribed by the Regulations.
5 Section 5 amended (Definitions)
(1) Section 5
insert (in alphabetical order)
e-cigarette means:
(a) a device, other than a device excluded by the Regulations, that is designed for vaping; or
(b) another device of a kind prescribed by the Regulations that is designed to be used in a way that replicates, or produces an experience similar to, the use of a tobacco product.
e-cigarette accessory means:
(a) a cartridge, capsule or other container designed to contain a liquid, aerosol, gas or vapour for use in an e-cigarette; or
(b) a cartridge, capsule or other container designed to contain tobacco or a similar product for use in an e-cigarette; or
(c) a heating element designed for use in an e-cigarette; or
(d) another component of an e-cigarette of a kind prescribed by the Regulations.
entry and boundary area of a place means:
(a) an area within 10 m of the gate or similar entry point to the place; and
(b) if there is a boundary to the place, or a boundary is indicated by signs (including no smoking signs), an area within 10 metres of the boundary.
vaping, in relation to an e-cigarette, means using the e-cigarette to generate or release an aerosol or vapour by electronic means for inhalation by the user in a manner that replicates, or produces an experience similar to, smoking.
(2) Section 5, at the end
insert
Note for section 5
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
6 Section 7 amended (Smoke-free area)
(1) Section 7(1)(h), after "facility"
insert
and the entry and boundary area of the facility
(2) Section 7(1)(l)
omit
area.
insert
area;
(3) After section 7(1)(l)
insert
(m) the entry and boundary area of a community event or community facility prescribed by the Regulations.
7 Section 26 amended (Vending machine restrictions)
(1) Section 26(2)(c)
omit, insert
(c) the area is not a children free area.
(2) Section 26(3)
omit
(3) Section 26(4)
omit
, (2) or (3)
insert
or (2)
(4) Section 26(5), definition supervised children area
omit
8 Part 5 heading amended (Sale or supply to children)
Part 5 heading, after "Sale"
insert
by children and sale
9 Section 42 amended (Sale to children prohibited)
(1) Sections 42(4) and (5)
omit
(2) Section 42(6)
omit
(4)(b) or (c) or (5)(a) or (b),
After section 42
insert
42A Sale of tobacco product by child employee
(1) This section applies if a child employee of a licensed tobacco retailer sells a tobacco product.
(2) The licensed tobacco retailer commits an offence.
Maximum penalty: If the purchaser was, at the time of sale, an adult – 100 penalty units.
If the purchaser was, at the time of sale, a child – 200 penalty units.
(3) If, at the time of the sale, the child employee was being supervised by an adult employee of the licensed tobacco retailer – the adult employee also commits an offence.
Maximum penalty: If the purchaser was, at the time of sale, an adult – 100 penalty units.
If the purchaser was, at the time of sale, a child – 200 penalty units.
Part
3 Amendment of Tobacco Control
Regulations
11 Regulations
amended
This Part amends the Tobacco Control Regulations.
After regulation 5, in Part 1
insert
5A Prescribed community events and community facilities
For section 7(1)(m) of the Act, Schedule 1 prescribes the community events and community facilities.
13 Regulation 6 amended (Form of signs)
(1) Regulation 6
omit
For the purposes of section 8(1) of the Act,
insert
(1) For section 8(1) of the Act, in relation to the smoke-free areas mentioned in section 7(1)(a) to (l) of the Act,
(2) Regulation 6, at the end
insert
(2) For section 8(1) of the Act, in relation to the smoke-free areas mentioned in section 7(1)(m) of the Act, the sign indicating that the area is a smoke-free area is to comply with the following requirements:
(a) the requirements mentioned in subregulation (1); and
(b) the sign is to contain the phrase "within 10 metres of the entry and boundary" written immediately under the phrase "NO SMOKING" marked in a sans serif font in black capital and lower case letters at least 7.5 millimetres and 6 millimetres high respectively.
14 Regulation 27 (When infringement notice may be served)
Regulation 27
omit
the Schedule, he or she
insert
Schedule 2, the authorised officer
15 Regulation 28 amended (Prescribed amount)
Regulation 28
omit
the Schedule
insert
Schedule 2
After regulation 36
insert
Schedule 1 Prescribed community events and community facilities
regulation 5A
BMX and motorbike racing facilities
Car racing facilities
Community festivals
Community markets
Horse racing facilities
Playground equipment
Public swimming pools
Show grounds
Skate parks
Sports fields
17 Schedule amended (Infringement notices prescribed offences and amounts)
(1) Schedule, heading
omit
Schedule
insert
Schedule 2
(2) Schedule
omit
|
Section
26(3)
Vending machine restrictions |
0.8 penalty unit
|
Part 4 Repeal
of
Act
18 Repeal
of Act
This Act is repealed on the day after it commences.
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