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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Tobacco Products Regulation (Prescribed Smoking Age)
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 4—Interpretation
6 Amendment of section
38A—Sale or supply of tobacco products to person of prescribed
age
7 Amendment of section 39—Power to require evidence of
age
8 Amendment of section 49—Smoking etc by person of prescribed age
prohibited
9 Amendment of section 70A—Confiscation of tobacco products
from person of prescribed age
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Tobacco Products Regulation (Prescribed
Smoking Age) 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
(1) Section 3(b)(ia)—delete "children" and substitute:
persons of a prescribed age
(2) Section 3(b)(ii)—delete "children" and substitute:
persons of a prescribed age
5—Amendment of
section 4—Interpretation
Section 4(1)—after the definition of multi-unit
premises insert:
person of a prescribed age means—
(a) a child; or
(b) any person born on or after 1 January 1993.
6—Amendment of
section 38A—Sale or supply of tobacco products to person of prescribed
age
(1) Section 38A(1)—delete "child" and substitute:
person of a prescribed age
(2) Section 38A—delete subsection (1a) and substitute:
(1a) For the purposes of this section, a tobacco product will be taken to
have been sold or supplied to a person (the purchaser) if a person
provides a token to, or other assistance to, the purchaser for the operation of
a vending machine that is designed to sell tobacco products.
(3) Section 38A(2)(a)—delete "child" and substitute:
person
(4) Section 38A(2)(b)—delete "child" and substitute:
person
(5) Section 38A(2)(c)—delete "child" first occurring and
substitute:
person
(6) Section 38A(2)(c)—delete "child" second occurring and
substitute:
he or she
(7) Section 38A(2)(c)—delete "of or above the age of 18 years" and
substitute:
not a person of a prescribed age
(8) Section 38A(3)—delete "child was of or above the age of 18
years" and substitute:
person to whom a tobacco product was sold or supplied was not a person of a
prescribed age
(9) Section 38A(6), definition of responsible
person—delete "child" wherever occurring and substitute in each
case:
person of a prescribed age
7—Amendment of
section 39—Power to require evidence of age
Section 39(1)—delete "child" and substitute:
person of a prescribed age
8—Amendment of
section 49—Smoking etc by person of prescribed age
prohibited
(1) Section 49(1)—delete "child" and substitute:
person of a prescribed age
(2) Section 49(2)—delete "child" and substitute:
person of a prescribed age
(3) Section 49(3)—delete "child" and substitute:
person of a prescribed age
(4) Section 49(4)—delete "child" and substitute:
person of a prescribed age
(5) Section 49(5)—delete "child" and substitute:
person
(6) Section 49—after subsection (7) insert:
(8) It is a defence to a charge of an offence against this section if the
defendant proves that, at the time of the alleged offence, he or
she—
(a) was 18 or more years of age; and
(b) either—
(i) was not a resident of the State; or
(ii) had only become a resident of the State within the previous 12 months
and, at that time, he or she was a smoker.
9—Amendment of
section 70A—Confiscation of tobacco products from person of prescribed
age
(1) Section 70A(1)—delete "child" first occurring and
substitute:
person of a prescribed age
(2) Section 70A(1)—delete "child" second occurring and
substitute:
person
(3) Section 70A(2)—delete "child" and substitute:
person of a prescribed age
(4) Section 70A(3)(a)—delete "child" and substitute:
person of a prescribed age
(5) Section 70A(4), definition of prescribed
person—delete "child" and substitute:
person of a prescribed age
(6) Section 70A(4), definition of prescribed person,
(c)—delete paragraph (c) and substitute:
(c) in the case of a prescribed person who is a child—a person
performing the duties of a teacher at a school attended by the child (whether or
not such duties are being performed on the grounds of the school).