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TASMANIA
__________
PUBLIC HEALTH AMENDMENT BILL 2010
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 70 amended (Display of tobacco advertisements, &c.)
6. Section 72 inserted
72. Display restrictions on specialist tobacconist
premises
7. Section 72A substituted
72A. Display and holding restrictions on other premises
where tobacco or tobacco product is sold
8. Repeal of Act
[Bill 62]-II
2
PUBLIC HEALTH AMENDMENT BILL 2010
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
16 November 2010
(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 2010.
2. Commencement
This Act commences on 2 February 2011 or on
the day on which it receives the Royal Assent,
whichever is later.
[Bill 62] 3
Public Health Amendment Act 2010
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 omitting the definition of "sales unit";
(b) by omitting the definition of "service
area".
5. Section 70 amended (Display of tobacco
advertisements, &c.)
Section 70 of the Principal Act is amended by
omitting subsection (3).
6. Section 72 inserted
After section 71 of the Principal Act, the
following section is inserted in Division 2:
72. Display restrictions on specialist tobacconist
premises
(1) A person who displays tobacco or
tobacco product in any specialist
*No. 86 of 1997
4
Public Health Amendment Act 2010
Act No. of
s. 6
tobacconist premises must confine the
display to a single area of the premises.
Penalty: Fine not exceeding 50 penalty
units.
(2) A person who displays tobacco or
tobacco product in any specialist
tobacconist premises must ensure that the
total area of all tobacco and tobacco
product displayed in the premises does
not at any time exceed 4 square metres.
Penalty: Fine not exceeding 50 penalty
units.
(3) A person must not, in any specialist
tobacconist premises, display more than
one packet of each product line of
tobacco or tobacco product held on the
premises.
Penalty: Fine not exceeding 50 penalty
units.
(4) A person must not, in any specialist
tobacconist premises, display tobacco or
tobacco product except in plain sales
units.
Penalty: Fine not exceeding 50 penalty
units.
(5) A person who, in any specialist
tobacconist premises, displays tobacco or
tobacco product in a sales unit must not
5
Public Health Amendment Act 2010
Act No. of
s. 6
enhance the display by means of any of
the following:
(a) colour coding of the premises,
within 5 metres of the sales unit,
in colours that form part of the
packaging of the tobacco or
tobacco product;
(b) wording, trademarks or colour
schemes usually used in the
packaging of the tobacco or
tobacco product;
(c) partial wording or imaging of any
packet or packaging of the
tobacco or tobacco product;
(d) empty packets or packages of any
tobacco or tobacco product;
(e) lines, borders or other visual
design effects that make the
display stand out;
(f) mirrors or other reflective devices
that reflect images of the tobacco
or tobacco product;
(g) holograms linked to the display.
Penalty: Fine not exceeding 50 penalty
units.
(6) A person must not, in any specialist
tobacconist premises, cause or allow a
sales unit, other than one tobacco product
6
Public Health Amendment Act 2010
Act No. of
s. 6
vending machine, to be located outside a
service area.
Penalty: Fine not exceeding 50 penalty
units.
(7) A person is not to be taken to have
contravened subsection (1), (3) or (4)
merely by reason of any fleeting
incidental display of tobacco or tobacco
product reasonably attaching to -
(a) the stocking or replenishment of a
plain sales unit in the relevant
premises; or
(b) the removal of tobacco or tobacco
product from a plain sales unit in
the relevant premises to make an
immediate sale of the tobacco or
tobacco product; or
(c) the stocktaking of tobacco or
tobacco product held on the
relevant premises; or
(d) the removal of tobacco or tobacco
product from a plain sales unit in
the relevant premises to a
concealed storage facility in the
same premises, or to a place off
site, for the purposes of -
(i) cleaning, servicing,
repairing, remounting,
replacing or relocating the
sales unit; or
7
Public Health Amendment Act 2010
Act No. of
s. 6
(ii) repairing or refurbishing
the relevant premises; or
(e) the removal of tobacco or tobacco
product from a concealed storage
facility in the relevant premises to
a place off site; or
(f) where a consignment of tobacco
or tobacco product is delivered to
the relevant premises, the
immediate placement of that
consignment in a concealed
storage facility in the same
premises.
(8) In this section -
"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
things in it or take things
from it; and
8
Public Health Amendment Act 2010
Act No. of
s. 6
(e) when closed, cannot be
seen into by the public;
"display" does not include any
fleeting incidental display
reasonably attaching to the
immediate personal use of a
personal quantity of tobacco (and
relevant smoking accoutrements)
by a person working at specialist
tobacconist premises;
"personal quantity", of tobacco,
means a small quantity for
personal use, not in any event
exceeding -
(a) a single package of
cigarettes; or
(b) a single package of cigars;
or
(c) a single package of
tobacco;
"plain sales unit" means a sales unit
that -
(a) is not displaying any
product or pricing
information contrary to
the guidelines; and
(b) does not have any mirror
or other reflective device;
and
9
Public Health Amendment Act 2010
Act No. of
s. 6
(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
and 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
it) or its contents (or any
of its contents) to move in
a way that is visible to the
public; and
(f) is so located that none of
the tobacco or tobacco
product held in it faces
more or less towards a
public entrance or
window, unless -
(i) the direction faced
is perpendicular to
the plane of the
public entrance or
window; or
(ii) the public
entrance or
window is at least
10
Public Health Amendment Act 2010
Act No. of
s. 6
2 metres away
from the sales
unit;
"sales unit" means a receptacle, area
of shelving, tobacco product
vending machine or other thing
from which tobacco or tobacco
products are dispensed when
sold;
"service area" means an area of
specialist tobacconist premises -
(a) from where sales of
tobacco or tobacco
product are ordinarily
effected; and
(b) to which the public does
not normally have access;
"smoking accoutrement" means any
of the following tobacco
products:
(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;
11
Public Health Amendment Act 2010
Act No. of
s. 7
"tobacco product" includes carton
and cigarette shipper.
7. Section 72A substituted
Section 72A of the Principal Act is repealed and
the following section is substituted:
72A. Display and holding restrictions on other
premises where tobacco or tobacco product
is sold
(1) This section applies to premises in or
from which tobacco or tobacco product is
sold, other than specialist tobacconist
premises.
(2) A person must not hold tobacco or
tobacco product on any premises to
which this section applies 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 or tobacco product reasonably
attaching to -
12
Public Health Amendment Act 2010
Act No. of
s. 7
(a) the stocking or replenishment of a
plain sales unit in the relevant
premises; or
(b) the removal of tobacco or tobacco
product from a plain sales unit in
the relevant premises to make an
immediate sale of the tobacco or
tobacco product; or
(c) the stocktaking of tobacco or
tobacco product held on the
relevant premises; or
(d) the removal of tobacco or tobacco
product from a plain sales unit in
the relevant premises to a
concealed storage facility in the
same premises, or to a place off
site, for the purposes of -
(i) cleaning, servicing,
repairing, remounting,
relocating or replacing the
sales unit; or
(ii) repairing or refurbishing
the relevant premises; or
(e) the removal of tobacco or tobacco
product from a concealed storage
facility in the relevant premises to
a place off site; or
(f) where a consignment of tobacco
or tobacco product is delivered to
the relevant premises, the
13
Public Health Amendment Act 2010
Act No. of
s. 7
immediate placement of that
consignment in a concealed
storage facility in the same
premises; or
(g) the immediate personal use of a
personal quantity of tobacco (and
relevant smoking accoutrements)
by a person working at the
relevant premises.
(4) A person must not display tobacco or
tobacco product in any premises to which
this section applies.
Penalty: Fine not exceeding 50 penalty
units.
(5) A person who, in any premises to which
this section applies, handles tobacco or
tobacco product as provided by
subsection (3) is not to be taken to have
contravened subsection (4) merely by
reason of any fleeting incidental display
of tobacco or tobacco product reasonably
attaching to that handling, provided the
total area of all tobacco and tobacco
product so displayed does not at any time
exceed, for the entire premises, one
square metre.
(6) A person must not, in any premises to
which this section applies, cause or allow
a sales unit, other than one tobacco
product vending machine, to be located
outside a service area.
14
Public Health Amendment Act 2010
Act No. of
s. 7
Penalty: Fine not exceeding 50 penalty
units.
(7) A person must not, in any premises to
which this section applies, cause or allow
tobacco or tobacco product to be held in
a sales unit if the premises are colour
coded, within 5 metres of the sales unit,
in colours that form part of the packaging
of the tobacco or tobacco product.
Penalty: Fine not exceeding 50 penalty
units.
(8) A person must not, in any premises to
which this section applies, cause or allow
a sales unit to be located within 75
centimetres of -
(a) any confectionary; or
(b) any product that is designed or
marketed for the use of children.
Penalty: Fine not exceeding 50 penalty
units.
(9) In this section -
"concealed storage facility" has the
same meaning as in section 72;
"display" does not include any
incidental display reasonably
attaching to the possession of a
personal quantity of tobacco (and
relevant smoking accoutrements)
15
Public Health Amendment Act 2010
Act No. of
s. 7
by a customer or prospective
customer of a business conducted
in or from premises to which this
section applies;
"hold" means hold for sale;
"personal quantity", of tobacco, has
the same meaning as in
section 72;
"plain sales unit" means a sales unit
that -
(a) is not displaying any
product or pricing
information contrary to
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
and whether the
illumination is constant or
intermittent; and
(e) is not fitted with or
connected to any device
capable of causing the
16
Public Health Amendment Act 2010
Act No. of
s. 7
sales unit (or any part of
it) or its contents (or any
of its contents) to move in
a way that is visible to the
public; and
(f) is so located that, when
open, its contents do not
face more or less towards
a public entrance or
window, unless -
(i) the direction faced
is perpendicular to
the plane of the
public entrance or
window; or
(ii) the public
entrance or
window is at least
2 metres away
from the sales
unit; and
(g) is not displaying any
wording, trademarks or
colour schemes usually
used in the packaging of
any tobacco or tobacco
product held in it; and
(h) is not displaying any
partial wording or
imaging of any packet or
packaging of any tobacco
17
Public Health Amendment Act 2010
Act No. of
s. 8
or tobacco product held in
it; and
(i) has no lines, borders or
other visual design effects
that make the sales unit
stand out; and
(j) is not linked to any
hologram;
"sales unit" has the same meaning as
in section 72;
"service area" means an area of
premises to which this section
applies -
(a) from where sales of
tobacco or tobacco
product are ordinarily
effected; and
(b) to which the public does
not normally have access;
"smoking accoutrement" has the
same meaning as in section 72;
"tobacco product" includes carton
and cigarette shipper.
8. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
18 Government Printer, Tasmania