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TASMANIA
__________
PUBLIC HEALTH AMENDMENT BILL 2011
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A amended (Meaning of "outdoor smoking area")
6. Part 2, Division 1: Heading amended
7. Section 13A inserted
13A. Nominated officers
8. Section 63 substituted
63. Smoking, &c., by children
9. Section 64 amended (Sale to children)
10. Section 66 amended (Seizure of tobacco and tobacco products)
11. Section 67 amended (Warnings and information)
12. Section 67B amended (Smoke-free areas)
13. Section 67C amended (Smoking in smoke-free areas prohibited)
14. Section 67F substituted
67F. Amenity of smoke-free areas
15. Section 67H amended (Restrictions on smoking in vehicles)
16. Section 68A amended (Restrictions regarding toys and
confections, &c.)
17. Section 69 amended (Marketing device, plan or scheme)
[Bill 56]-II
18. Section 69A amended (Notice to be displayed)
19. Section 70 amended (Display of tobacco advertisements, &c.)
20. Sections 70A, 71, 72 and 72A substituted
71. Restrictions on holding tobacco products, &c., in
specialist tobacconist premises and general retail
premises
72. Restrictions on display, &c., of tobacco products in
general retail premises
72A. Restrictions on display, &c., of tobacco products in
specialist tobacconist premises
21. Section 73 amended (Packaging of tobacco products)
22. Section 74 amended (False information relating to legislation)
23. Section 74AA amended (Incorrect information relating to health
effects of tobacco products)
24. Section 74A substituted
74A. Licence to sell tobacco product
25. Section 74B amended (Application for tobacco seller's licence)
26. Section 74C amended (Grant or refusal of licence)
27. Section 74D amended (Issue of licence)
28. Section 74F amended (Renewal of tobacco seller's licence)
29. Section 74GA inserted
74GA. Other features of tobacco seller's licence
30. Section 74H amended (Cancellation of tobacco seller's licence)
31. Section 74I amended (Selling tobacco and tobacco products)
32. Section 74J amended (Register of tobacco seller's licences)
33. Section 74K repealed
34. Section 74L amended (Offences relating to tobacco seller's
licence)
35. Part 4, Division 4 inserted
Division 4 - Miscellaneous
74M. Tobacco products not to be included in business
loyalty programs
36. Repeal of Act
2
PUBLIC HEALTH AMENDMENT BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
25 October 2011
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Public Health Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Public Health
Amendment Act 2011.
2. Commencement
This Act commences on 1 March 2012.
[Bill 56] 3
Public Health Amendment Act 2011
Act No. of
s. 3
3. Principal Act
In this Act, the Public Health Act 1997* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "air-handling system":
"ancillary tobacco product" - see
section 72A;
(b) by inserting the following definition after
the definition of "closure order":
"concealed storage facility" means -
(a) a storeroom, cellar or
other enclosed place; or
(b) a cupboard, locker or
drawer -
that -
(c) is inaccessible to the
public; and
(d) is kept closed, except
when there is an
immediate need to put
*No. 86 of 1997
4
Public Health Amendment Act 2011
Act No. of
s. 4
things in it or take things
from it; and
(e) when closed, cannot be
seen into by the public;
(c) by inserting the following definition after
the definition of "disease":
"electronic dispensing unit" - see
section 71;
(d) by omitting the definition of "nominated
officer" and substituting the following
definition:
"nominated officer" means - see
section 13A;
(e) by omitting "while consuming" from the
definition of "outdoor dining area" and
substituting "to consume";
(f) by omitting "tobacco or" from the
definition of "packet";
(g) by inserting the following definition after
the definition of "personal information":
"personal quantity", of tobacco
product, means a small quantity
for personal use, not in any event
exceeding -
(a) a single package of
cigarettes; or
5
Public Health Amendment Act 2011
Act No. of
s. 4
(b) a single package of cigars;
or
(c) a single package of
tobacco;
(h) by inserting the following definition after
the definition of "place of assembly
licence":
"plain sales unit" means a sales unit
that -
(a) is not displaying any
wording or imagery that
contravenes the
guidelines; and
(b) does not have any mirror
or other reflective device;
and
(c) does not have any interior
or exterior lighting; and
(d) does not have any lighting
directed specifically at it,
whether from a spotlight,
down light or otherwise or
whether the illumination
is constant or intermittent;
and
(e) is not fitted with or
connected to any device
capable of causing the
sales unit (or any part of
6
Public Health Amendment Act 2011
Act No. of
s. 4
it) or its contents (or any
of its contents) to move in
a way that is visible to the
public; and
(f) is not displaying any
wording, trademarks or
colour schemes usually
used in the packaging of
any tobacco product held
in it; and
(g) is not displaying any
partial wording or
imagery of any packaging
of tobacco product held in
it; and
(h) has no lines, borders or
other visual design effects
that make it stand out; and
(i) is not linked to any
hologram;
(i) by omitting "tobacco or" three times
occurring from the definition of "product
line";
(j) by inserting the following definition after
the definition of "public place":
"public street" means a public street
as defined in the Traffic Act 1925,
and includes a part of such a
street;
7
Public Health Amendment Act 2011
Act No. of
s. 4
(k) by inserting the following definition after
the definition of "regulated system":
"regulations" means regulations made
and in force under this Act;
(l) by inserting the following definition after
the definition of "roof":
"sales unit" means -
(a) in the case of specialist
tobacconist premises, a
receptacle, area of
shelving, electronic
dispensing unit or other
thing from which tobacco
products are dispensed
when sold; or
(b) in the case of retail
premises other than
specialist tobacconist
premises, a receptacle,
area of shelving, vending
machine, electronic
dispensing unit or other
thing from which tobacco
products are dispensed
when sold;
(m) by inserting the following definition after
the definition of "smoke-free area":
"smoking accoutrement" means any
of the following tobacco
products:
8
Public Health Amendment Act 2011
Act No. of
s. 4
(a) a cigar cutter;
(b) a cigarette holder;
(c) a cigarette roller;
(d) a packet of cigarette
papers;
(e) a pipe;
(f) a tobacco filter;
(n) by omitting "tobacco or" from paragraph
(a) of the definition of "tobacco
advertisement";
(o) by omitting "tobacco or" from paragraph
(b) of the definition of "tobacco
advertisement";
(p) by omitting the definition of "tobacco
product" and substituting the following
definition:
"tobacco product" means any of the
following:
(a) tobacco in any form;
(b) any product of which
tobacco is an ingredient;
(c) any device or article
designed or intended only
for use in connection with
tobacco;
9
Public Health Amendment Act 2011
Act No. of
s. 5
(d) any prescribed product;
(e) any package, or cigarette
shipper, containing a
thing referred to in
paragraph (a), (b), (c) or
(d) of this definition;
(q) by omitting the definition of "tobacco
product vending machine";
(r) by inserting the following definition after
the definition of "vehicle":
"vending machine" - see section 71;
5. Section 3A amended (Meaning of "outdoor smoking
area")
Section 3A(1) of the Principal Act is amended
by omitting paragraph (a) and substituting the
following paragraph:
(a) it is provided for the use of customers
who smoke by the occupier of -
(i) premises to which a licence or
permit under the Liquor
Licensing Act 1990 applies; or
(ii) premises in which an outdoor
dining area is provided; and
10
Public Health Amendment Act 2011
Act No. of
s. 6
6. Part 2, Division 1: Heading amended
Division 1 of Part 2 of the Principal Act is
amended by omitting "Authorised officers" from
the heading to that Division and substituting
"Authorised officers, &c.".
7. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Division 1:
13A. Nominated officers
(1) For the purposes of this Act, each of the
following is a nominated officer:
(a) the Director;
(b) a health officer;
(c) a police officer;
(d) a person approved by the
Director;
(e) a member of a class of persons
approved by the Director.
(2) An approval under paragraph (d) or (e)
may -
(a) impose conditions on the exercise
or performance by the relevant
person or persons of the powers
or functions of a nominated
officer under this Act; or
11
Public Health Amendment Act 2011
Act No. of
s. 8
(b) be unconditional.
8. Section 63 substituted
Section 63 of the Principal Act is repealed and
the following section is substituted:
63. Smoking, &c., by children
(1) A child must not -
(a) smoke; or
(b) use a tobacco product; or
(c) possess a tobacco product.
(2) However, subsection (1)(c) does not
apply to the possession of a tobacco
product by a child if the possession is
reasonably incidental to the child's
employment with the holder of a tobacco
seller's licence.
9. Section 64 amended (Sale to children)
Section 64 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "tobacco
or";
(b) by omitting from subsection (2) "tobacco
or";
12
Public Health Amendment Act 2011
Act No. of
s. 10
(c) by omitting from subsection (3) "tobacco
or";
(d) by omitting from subsection (6) "tobacco
or" twice occurring;
(e) by omitting from subsection (7) "any
tobacco or tobacco product" and
substituting "tobacco products".
10. Section 66 amended (Seizure of tobacco and tobacco
products)
Section 66 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) A nominated officer may seize
any tobacco product being
smoked or used by a child or in a
child's possession.
(1A) However, in exercising power
under subsection (1), a nominated
officer is not entitled to -
(a) use force against a child;
or
(b) conduct a personal search
of a child or of a child's
clothing or possessions.
13
Public Health Amendment Act 2011
Act No. of
s. 11
(b) by omitting from subsection (2) "tobacco
or";
(c) by omitting from subsection (3) "tobacco
or".
11. Section 67 amended (Warnings and information)
Section 67(3)(c) of the Principal Act is amended
by omitting "tobacco or".
12. Section 67B amended (Smoke-free areas)
Section 67B of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) from
subsection (1) and substituting the
following paragraph:
(d) at an outdoor sporting venue
during an organised sporting
event being held at that venue,
anywhere within 20 metres of -
(i) any permanently or
temporarily erected public
seating; or
(ii) any seating, marshalling
area, warm-up area,
podium or other part of
the venue reserved for the
14
Public Health Amendment Act 2011
Act No. of
s. 12
use of competitors or
officials; or
(iii) any part of the venue used
to conduct the actual
organised sporting event;
(b) by omitting from subsection (1)(e) "an
area" and substituting "anywhere";
(c) by omitting from subsection (1)(f) "an
area" and substituting "anywhere";
(d) by inserting the following paragraphs
after paragraph (f) in subsection (1):
(g) anywhere within 10 metres of any
play equipment erected at a
children's playground in a public
place;
(h) on a beach at which a surf-
lifesaving organisation has
temporarily erected a pair of red
and yellow flags for the safety of
beach users, the area "between
the flags" (being the rectangular
area bordered by the flags, the
water's edge and the landward
fringe of the beach);
(i) anywhere at a public swimming
pool, including the curtilage of
the public swimming pool;
15
Public Health Amendment Act 2011
Act No. of
s. 12
(e) by omitting paragraphs (j) and (k) from
subsection (1) and substituting the
following paragraphs:
(j) anywhere that the Director, by
public notice, designates as a
smoke-free area in connection
with a public event or class of
public events specified in that
public notice;
(k) anywhere in an outdoor dining
area;
(l) anywhere within 3 metres of an
outdoor dining area that is not
surrounded by a screen, or other
barrier, that is at least 2.1 metres
high and impervious to smoke;
(m) a public street that the regulations
declare to be a pedestrian mall;
(n) a public street that the regulations
declare to be a bus mall;
(o) anywhere within 3 metres of a
bus shelter on a public street.
(f) by omitting paragraph (c) from
subsection (2);
(g) by inserting the following subsection
after subsection (2):
(3) For the purposes of
subsection (1)(d) -
16
Public Health Amendment Act 2011
Act No. of
s. 13
(a) an organised sporting
event is a sporting event
planned in advance and
conducted, according to
established rules, by an
established professional
or amateur sporting body
or by an educational
institution, whether as a
one-off event or as a part
of a round of events; and
(b) an informal or impromptu
sporting event is not an
organised sporting event;
and
(c) the duration of an
organised sporting event
is taken to include the 30-
minute period leading up
to the official start of the
event and the 30-minute
period immediately
following the official
finish of the event.
(h) by omitting paragraphs (e) and (f) from
subsection (2).
13. Section 67C amended (Smoking in smoke-free areas
prohibited)
Section 67C(2) of the Principal Act is amended
by omitting paragraph (b).
17
Public Health Amendment Act 2011
Act No. of
s. 14
14. Section 67F substituted
Section 67F of the Principal Act is repealed and
the following section is substituted:
67F. Amenity of smoke-free areas
The occupier of an outdoor dining area
must ensure that it is not of inferior
amenity to any outdoor smoking area
provided by that occupier.
Penalty: Fine not exceeding -
(a) in the case of a natural
person, 10 penalty units;
or
(b) in the case of a body
corporate, 50 penalty
units.
15. Section 67H amended (Restrictions on smoking in
vehicles)
Section 67H(2) of the Principal Act is amended
by omitting "On or after 1 January 2008, a
person" and substituting "A person".
16. Section 68A amended (Restrictions regarding toys
and confections, &c.)
Section 68A of the Principal Act is amended as
follows:
18
Public Health Amendment Act 2011
Act No. of
s. 17
(a) by omitting from paragraph (a) "tobacco
or";
(b) by omitting from paragraph (b) "tobacco
or";
(c) by omitting paragraph (c);
(d) by omitting subparagraph (i) from
paragraph (d) and substituting the
following subparagraph:
(i) confectionery-flavoured or
confectionery-scented; or
(e) by omitting subparagraph (i) from
paragraph (e) and substituting the
following subparagraph:
(i) confectionery-flavoured or
confectionery-scented; or
17. Section 69 amended (Marketing device, plan or
scheme)
Section 69 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "tobacco
or";
(b) by inserting in subsection (2) "in
connection with the sale of any tobacco
product" after "scheme".
19
Public Health Amendment Act 2011
Act No. of
s. 18
18. Section 69A amended (Notice to be displayed)
Section 69A of the Principal Act is amended by
omitting "tobacco or".
19. Section 70 amended (Display of tobacco
advertisements, &c.)
Section 70 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a)
"tobacco or" twice occurring;
(b) by omitting from subsection (2)(b)
"tobacco or";
(c) by omitting from subsection (2)(c)(ii)
"tobacco or";
(d) by omitting from subsection (5) "tobacco
or" twice occurring.
20. Sections 70A, 71, 72 and 72A substituted
Sections 70A, 71, 72 and 72A of the Principal
Act are repealed and the following sections are
substituted:
20
Public Health Amendment Act 2011
Act No. of
s. 20
71. Restrictions on holding tobacco products,
&c., in specialist tobacconist premises and
general retail premises
(1) This section applies to premises in or
from which tobacco products are sold,
including specialist tobacconist premises.
(2) A person must not hold any tobacco
products in the premises except in -
(a) plain sales units; or
(b) concealed storage facilities.
Penalty: Fine not exceeding 50 penalty
units.
(3) A person is not to be taken to have
contravened subsection (2) merely by
reason of any fleeting incidental handling
of tobacco products reasonably attaching
to -
(a) the stocking or replenishment of
plain sales units in the premises;
or
(b) the removal of tobacco products
from plain sales units in the
premises to make immediate sales
of the tobacco products; or
(c) the stocktaking of tobacco
products held in the premises; or
(d) the removal of tobacco products
from plain sales units in the
21
Public Health Amendment Act 2011
Act No. of
s. 20
premises to concealed storage
facilities in the premises, or to
places off site, for the purposes
of -
(i) cleaning, servicing,
repairing, remounting,
relocating or replacing the
plain sales units; or
(ii) repairing or refurbishing
the premises; or
(e) the removal of tobacco products
from concealed storage facilities
in the premises to places off site;
or
(f) where a consignment of tobacco
products is delivered to the
premises, the immediate
placement of that consignment in
concealed storage facilities in the
premises.
(4) A person must not -
(a) cause or allow a sales unit to be
located in the premises anywhere
outside of a service area of the
premises; or
(b) cause or allow a sales unit to be
located in the premises within 75
centimetres of -
(i) any confectionery; or
22
Public Health Amendment Act 2011
Act No. of
s. 20
(ii) any product designed or
marketed for the use of
children; or
(c) cause or allow a sales unit to be
so located in the premises in such
a way that any of the tobacco
product held in the sales unit
faces more or less towards a
public entrance or external
window unless -
(i) the direction faced is
perpendicular to the plane
of the public entrance or
external window; or
(ii) the public entrance or
external window is at
least 2 metres away from
the sales unit; or
(d) cause or allow a tobacco product
to be held in a sales unit in the
premises if the premises are
colour coded, within 5 metres of
the sales unit, in colours that form
part of the packaging of the
tobacco product.
Penalty: Fine not exceeding 50 penalty
units.
(5) If the premises are not licensed premises,
a person must not cause or allow a
vending machine to be located in the
premises.
23
Public Health Amendment Act 2011
Act No. of
s. 20
Penalty: Fine not exceeding 50 penalty
units.
(6) If the premises are licensed premises, a
person must not cause or allow more than
one vending machine to be located in the
premises.
Penalty: Fine not exceeding 50 penalty
units.
(7) If the premises are licensed premises and
a vending machine is located therein, a
person must not -
(a) cause or allow the vending
machine to be located anywhere
other than in a restricted area of
the premises; or
(b) cause or allow the vending
machine to be operated by any
member of the public.
Penalty: Fine not exceeding 50 penalty
units.
(8) If an electronic dispensing unit is located
in the premises, a person must not cause
or allow the electronic dispensing unit to
be operated by any member of the public.
Penalty: Fine not exceeding 50 penalty
units.
(9) Nothing in this section makes it an
offence for a person visiting or working
24
Public Health Amendment Act 2011
Act No. of
s. 20
at the premises to be in possession of a
personal quantity of tobacco product (and
relevant smoking accoutrements) for his
or her own use.
(10) In this section -
"electronic dispensing unit" means a
machine that is designed to
dispense tobacco products and be
operated by means of an
electronic keypad, whether or not,
at a given time, the machine is in
working order;
"external window", of premises,
means a window through which a
person standing outside the
premises can see into the
premises (or any part thereof);
"hold" means hold for sale;
"restricted area", of licensed
premises, means an area of the
premises that is designated under
section 84(1) of the Liquor
Licensing Act 1990 as an area in
which a person under the age of
18 years cannot enter or remain;
"service area", of premises, means an
area of the premises -
(a) from where sales of
tobacco products are
ordinarily effected; and
25
Public Health Amendment Act 2011
Act No. of
s. 20
(b) to which the public does
not normally have access;
"vending machine" means a machine,
other than an electronic
dispensing unit, that is designed
to dispense tobacco products,
whether or not, at a given time,
the machine is in working order.
72. Restrictions on display, &c., of tobacco
products in general retail premises
(1) This section applies to premises in or
from which tobacco products are sold,
other than specialist tobacconist
premises.
(2) A person must not display any tobacco
products in the premises.
Penalty: Fine not exceeding 50 penalty
units.
(3) A person is not to be taken to have
contravened subsection (2) merely by
reason of any fleeting incidental display
of tobacco products reasonably attaching
to -
(a) the stocking or replenishment of
plain sales units in the premises;
or
(b) the removal of tobacco products
from plain sales units in the
26
Public Health Amendment Act 2011
Act No. of
s. 20
premises to make immediate sales
of the tobacco products; or
(c) the stocktaking of tobacco
products held in the premises; or
(d) the removal of tobacco products
from plain sales units in the
premises to concealed storage
facilities in the premises, or to
places off site, for the purposes
of -
(i) cleaning, servicing,
repairing, remounting,
relocating or replacing the
plain sales units; or
(ii) repairing or refurbishing
the premises; or
(e) the removal of tobacco products
from concealed storage facilities
in the premises to places off site;
or
(f) where consignments of tobacco
products are delivered to the
premises, the immediate
placement of those consignments
in concealed storage facilities in
the premises -
provided the total area of tobacco
products so incidentally displayed does
not at any time exceed, for the entire
premises, one square metre.
27
Public Health Amendment Act 2011
Act No. of
s. 20
(4) Nothing in this section makes it an
offence for -
(a) a person visiting the premises to
inadvertently display a personal
quantity of tobacco product (or
relevant smoking accoutrement)
that the person has in his or her
possession for his or her own use;
or
(b) a person working at the premises
to inadvertently and fleetingly
display a personal quantity of
tobacco product (or relevant
smoking accoutrement) that the
person has in his or her
possession for his or her own use.
(5) In this section -
"tobacco product" includes a tobacco
product package that has been
emptied of its contents.
72A. Restrictions on display, &c., of tobacco
products in specialist tobacconist premises
(1) This section applies to specialist
tobacconist premises.
(2) A person must not display any tobacco
products in the premises other than
ancillary tobacco products.
Penalty: Fine not exceeding 50 penalty
units.
28
Public Health Amendment Act 2011
Act No. of
s. 20
(3) A person who displays an ancillary
tobacco product in the premises must -
(a) confine the display to a single
area of the premises; and
(b) ensure that the total area of all
ancillary tobacco products
displayed in the premises does
not at any time exceed 4 square
metres.
Penalty: Fine not exceeding 50 penalty
units.
(4) A person who displays an ancillary
tobacco product in the premises must not
enhance the display by means of any of
the following:
(a) wording, trademarks or colour
schemes usually used in the
packaging of the ancillary
tobacco product;
(b) partial wording or imaging of any
packaging of the ancillary
tobacco product;
(c) mirrors or other reflective devices
that reflect images of the
ancillary tobacco product;
(d) holograms linked to the display;
29
Public Health Amendment Act 2011
Act No. of
s. 20
(e) lines, borders or other visual
design effects that make the
display stand out;
(f) empty packages of any ancillary
tobacco products.
Penalty: Fine not exceeding 50 penalty
units.
(5) A person must not, in the premises,
display more than one example of each
product line of the ancillary tobacco
products held in the premises.
Penalty: Fine not exceeding 50 penalty
units.
(6) A person is not to be taken to have
contravened subsection (2) or (5) merely
by reason of any fleeting incidental
display of tobacco products reasonably
attaching to -
(a) the stocking or replenishment of
plain sales units in the premises;
or
(b) the removal of tobacco products
from plain sales units in the
premises to make an immediate
sale of the tobacco products; or
(c) the stocktaking of tobacco
products held in the premises; or
30
Public Health Amendment Act 2011
Act No. of
s. 20
(d) the removal of tobacco products
from plain sales units in the
premises to concealed storage
facilities in the premises, or to
places off site, for the purposes
of -
(i) cleaning, servicing,
repairing, remounting,
relocating or replacing the
plain sales units; or
(ii) repairing or refurbishing
the premises; or
(e) the removal of tobacco products
from concealed storage facilities
in the premises to places off site;
or
(f) where consignments of tobacco
products are delivered to the
premises, the immediate
placement of the consignments in
concealed storage facilities in the
premises -
provided the total area of tobacco
products so incidentally displayed does
not at any time exceed, for the entire
premises, one square metre.
(7) Nothing in this section makes it an
offence for -
(a) a person visiting the premises to
inadvertently display a personal
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Act No. of
s. 21
quantity of tobacco product (or
relevant smoking accoutrement)
that the person has in his or her
possession for his or her own use;
or
(b) a person working at the premises
to inadvertently and fleetingly
display a personal quantity of
tobacco product (or relevant
smoking accoutrement) that the
person has in his or her
possession for his or her own use.
(8) In this section -
"ancillary tobacco product" means a
tobacco product other than -
(a) tobacco in any form; or
(b) a product of which
tobacco is an ingredient;
or
(c) a package or cigarette
shipper containing a thing
referred to in
paragraph (a) or (b) of
this definition.
21. Section 73 amended (Packaging of tobacco
products)
Section 73 of the Principal Act is amended by
omitting "tobacco or" twice occurring.
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Public Health Amendment Act 2011
Act No. of
s. 22
22. Section 74 amended (False information relating to
legislation)
Section 74 of the Principal Act is amended by
omitting "tobacco or".
23. Section 74AA amended (Incorrect information
relating to health effects of tobacco products)
Section 74AA of the Principal Act is amended
by omitting "tobacco or" twice occurring.
24. Section 74A substituted
Section 74A of the Principal Act is repealed and
the following section is substituted:
74A. Licence to sell tobacco product
A person must not sell a tobacco product
unless -
(a) the person is the holder of a
tobacco seller's licence; or
(b) the person is an employee of the
holder of a tobacco seller's
licence and the sale is effected in
the course of that employment.
Penalty: Fine not exceeding -
(a) for a first offence, 50
penalty units; and
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Public Health Amendment Act 2011
Act No. of
s. 25
(b) for a subsequent offence,
100 penalty units.
25. Section 74B amended (Application for tobacco
seller's licence)
Section 74B(1) of the Principal Act is amended
by omitting "tobacco or".
26. Section 74C amended (Grant or refusal of licence)
Section 74C of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "an" and
substituting "the";
(b) by omitting from subsection (2)(a) "and
any relevant guidelines";
(c) by omitting from subsection (2)(b) "18
years or older." and substituting "18
years of age or older; and";
(d) by inserting the following paragraph after
paragraph (b) in subsection (2):
(c) have regard to any relevant
guidelines.
(e) by omitting subsection (4) and
substituting the following subsection:
(4) Without limiting the generality of
subsection (1)(a), a tobacco
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Public Health Amendment Act 2011
Act No. of
s. 27
seller's licence may be granted
subject to conditions relating to -
(a) the provision of
information or returns by
the licensee; and
(b) the display of the licence.
27. Section 74D amended (Issue of licence)
Section 74D(c) of the Principal Act is amended
by omitting subparagraph (iii) and substituting
the following subparagraph:
(iii) the addresses of the premises in respect
of which the licence is issued.
28. Section 74F amended (Renewal of tobacco seller's
licence)
Section 74F of the Principal Act is amended by
inserting after subsection (9) the following
subsection:
(10) A tobacco seller's licence is not, on
renewal under this section, capable of
being varied with respect to the premises
specified on the licence.
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Act No. of
s. 29
29. Section 74GA inserted
After section 74G of the Principal Act, the
following section is inserted in Division 3:
74GA. Other features of tobacco seller's licence
(1) A tobacco seller's licence -
(a) is only valid for and in respect of
the premises specified on the
licence; and
(b) does not confer authority on the
holder of the licence, or any
person acting on that licensee's
behalf, to sell tobacco products
from any other premises.
(2) A tobacco seller's licence is not capable
of being transferred to any other person.
(3) The holder of a tobacco seller's licence
may, by notice to the Director, surrender
the licence at any time, but the licence
has no surrender value.
30. Section 74H amended (Cancellation of tobacco
seller's licence)
Section 74H(1) of the Principal Act is amended
as follows:
(a) by inserting in paragraph (a) "of the
licence" after "condition";
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Public Health Amendment Act 2011
Act No. of
s. 31
(b) by inserting the following paragraph after
paragraph (c):
(ca) purports to transfer the licence to
another person; or
31. Section 74I amended (Selling tobacco and tobacco
products)
Section 74I of the Principal Act is amended by
omitting "tobacco and".
32. Section 74J amended (Register of tobacco seller's
licences)
Section 74J of the Principal Act is amended by
omitting subsection (3).
33. Section 74K repealed
Section 74K of the Principal Act is repealed.
34. Section 74L amended (Offences relating to tobacco
seller's licence)
Section 74L of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "tobacco
or";
(b) by omitting subsection (2).
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Act No. of
s. 35
35. Part 4, Division 4 inserted
After section 74L of the Principal Act, the
following Division is inserted in Part 4:
Division 4 - Miscellaneous
74M. Tobacco products not to be included in
business loyalty programs
(1) A person must not offer a tobacco
product as an inducement or reward in a
business loyalty program.
Penalty: Fine not exceeding 50 penalty
units.
(2) In this section -
"business loyalty program" means a
program or arrangement, other
than a business transactions
program, that rewards the
customers or clients of a business
for their patronage;
"business transactions program"
means a program or arrangement
that rewards the customers or
clients of a business for -
(a) using a particular means
of payment to purchase its
goods or services; or
(b) not using a particular
means of payment to
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Public Health Amendment Act 2011
Act No. of
s. 36
purchase its goods or
services;
"means of payment" includes, but is
not limited to the following:
(a) cash;
(b) cheque;
(c) credit card;
(d) debit card;
"tobacco product" includes -
(a) a discount on a tobacco
product; and
(b) a coupon, voucher or
other instrument that may
be redeemed for a tobacco
product.
36. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 39