[BIL186-A.HAA]

House of Assembly No 176

[As laid on the table and read a first time, 16 July 2003]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of the Hon. R. Such, M.P.]

TOBACCO PRODUCTS REGULATION (OFFENCES BY CHILDREN) AMENDMENT BILL 2003

A Bill For

An Act to amend the Tobacco Products Regulation Act 1997.

[OPC-HA]

Contents

Part 1—Preliminary

1.Short title

2.Amendment provisions

Part 2—Amendment of Tobacco Products Regulation Act 1997

3.Insertion of section 39A

39A.Consumption or possession of tobacco products by children

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

Short title

1. This Act may be cited as the Tobacco Products Regulation (Offences by Children) Amendment Act 2003.

Amendment provisions

2. In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Tobacco Products Regulation Act 1997

Insertion of section 39A

3. After section 39 insert:

Consumption or possession of tobacco products by children

39A. (1) A child must not consume a tobacco product or have possession of a tobacco product or prescribed product.

Maximum penalty:$100.

Expiation fee:$25.

(2) If a child is found guilty by a court of an offence against this section or expiates an offence against this section—

(a)the court or the authority that issued the expiation notice (as the case may require) must ensure that the name and address of the child is provided to the health Minister; and

(b)the health Minister must ensure that information is sent to the child outlining the dangers of tobacco consumption and providing information about strategies for, and support services relating to, quitting smoking.

(3) In this section—

"health Minister" means the Minister responsible for the administration of the South Australian Health Commission Act 1976.

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