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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Tobacco Products Regulation (Ban On Children Smoking)
Amendment Bill 2009
A BILL FOR
An Act to amend the Tobacco Products Regulation
Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Tobacco Products Regulation
Act 1997
4 Amendment of section 3—Objects of
Act
5 Amendment of section 38A—Sale or supply of tobacco products to
children
6 Insertion of section 49
49 Smoking etc by
children prohibited
7 Amendment of section 63—Appointment of
authorised officers
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Tobacco Products Regulation (Ban On
Children Smoking) Amendment Act 2009.
This Act will come into operation 3 months after the date of
assent.
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
4—Amendment of
section 3—Objects of Act
Section 3(b)—after subparagraph (i) insert:
(ia) by prohibiting children smoking;
5—Amendment of
section 38A—Sale or supply of tobacco products to
children
(1) Section 38A—after subsection (1) insert:
(1a) For the purposes of this section, a tobacco product will be taken to
have been sold or supplied to a child if a person provides a token to, or other
assistance to, the child for the operation of a vending machine that is designed
to sell tobacco products.
(2) Section 38A(2)—delete "minor" wherever occurring and substitute
in each case:
child
After section 48 insert:
49—Smoking etc by children
prohibited
(1) A child must not smoke.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) A child must not have a tobacco product in his or her
possession.
Maximum penalty: $5 000.
Expiation fee: $315.
(3) A child must not attempt to purchase (whether by retail sale, from a
vending machine or otherwise) or otherwise obtain a tobacco product.
Maximum penalty: $5 000.
Expiation fee: $315.
(4) Subsections (2) and (3) do not apply to a child who has in his or
her possession, or who attempts to purchase or otherwise obtain, a tobacco
product in the ordinary course of his or her employment or otherwise for the
purpose of sale by retail in accordance with this Act.
(5) If a child is alleged to have committed an offence against this
section, then, before a prosecution is commenced, an expiation notice must be
given to the alleged offender under the Expiation of Offences
Act 1996.
(6) Despite section 6 of the Expiation of Offences Act 1996,
an expiation notice for an offence against this section may be given to a child
who has attained the age of 15 years.
(7) Non-compliance with subsection (5) does not invalidate a
prosecution.
7—Amendment of
section 63—Appointment of authorised officers
Section 63—after subsection (4) insert:
(5) Without limiting any other provision of this Act, the following
persons are authorised officers for the purposes of the enforcement of section
49:
(a) authorised officers within the meaning of the Local Government
Act 1999;
(b) authorised officers within the meaning of the Environment
Protection Act 1993;
(c) fisheries officers within the meaning of the Fisheries
Act 1982;
(d) forest wardens within the meaning of the Forestry
Act 1950;
(e) wardens within the meaning of the National Parks and Wildlife
Act 1972;
(f) authorised officers within the meaning of the Natural Resources
Management Act 2004;
(g) wardens within the meaning of the Wilderness Protection
Act 1992.