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TASMANIA
__________
PUBLIC HEALTH AMENDMENT (TOBACCO-
FREE GENERATION) BILL 2014
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part 4, Division 1B inserted
Division 1B - Tobacco-free generation
67I. Interpretation of this Division
67J. Sale of cigarettes, &c., to member of tobacco-free
generation
67K. False proof of age to tobacco sellers, &c., must not
be provided
67L. Review of this Division
5. Repeal of Act
[Bill 40]-XI
2
PUBLIC HEALTH AMENDMENT (TOBACCO-
FREE GENERATION) BILL 2014
(Brought in by the Honourable Ivan Dean)
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 (Tobacco-free Generation) Act
2014.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Public Health Act 1997* is
referred to as the Principal Act.
*No. 86 of 1997
[Bill 40] 3
Public Health Amendment (Tobacco-free Generation) Act 2014
Act No. of
s. 4
4. Part 4, Division 1B inserted
After section 67H of the Principal Act, the
following Division is inserted in Part 4:
Division 1B - Tobacco-free generation
67I. Interpretation of this Division
In this Division -
member of the tobacco-free
generation means a person born
on or after 1 January 2000.
67J. Sale of cigarettes, &c., to member of
tobacco-free generation
(1) A person must not sell, or offer to sell,
any tobacco product to a member of the
tobacco-free generation.
Penalty: Fine not exceeding -
(a) for a first offence, 50
penalty units; and
(b) for a subsequent offence,
100 penalty units.
(2) A person who is the holder of a tobacco
seller's licence must not permit the sale,
loan, gift or supply of any tobacco
product to a member of the tobacco-free
generation.
Penalty: Fine not exceeding -
4
Public Health Amendment (Tobacco-free Generation) Act 2014
Act No. of
s. 4
(a) for a first offence, 50
penalty units; and
(b) for a subsequent offence,
100 penalty units.
(3) In any proceedings for an offence by a
person under subsection (1) or (2) in
relation to a member of the tobacco-free
generation, it is a defence for the person
to prove that proof of age was provided
to the person by the member of the
tobacco-free generation.
(4) Subsections (1) and (2) do not apply to a
person who has taken reasonable steps to
prevent the supply of tobacco products to
members of the tobacco-free generation.
(5) A person in charge of any premises from
which any tobacco product is sold must
provide to persons employed at the
premises information according to the
relevant guidelines about the sale and
supply from such premises of tobacco
products to members of the tobacco-free
generation.
Penalty: Fine not exceeding 5 penalty
units.
(6) An allegation in proceedings for an
offence under this section that on a
specified date a person was a member of
the tobacco-free generation is evidence
of that fact.
5
Public Health Amendment (Tobacco-free Generation) Act 2014
Act No. of
s. 4
67K. False proof of age to tobacco sellers, &c.,
must not be provided
A member of the tobacco-free generation
who attempts to purchase a tobacco
product from premises must not purport
to provide, to the person from whom the
member attempts to purchase the tobacco
product, proof of age to that person if the
member knows, or ought reasonably be
expected to know, that the purported
proof of age is false.
Penalty: Fine not exceeding 10 penalty
units.
67L. Review of this Division
(1) The Director is to conduct by
30 July 2021 a first review, and by
30 July 2025 a second review, as to
whether this Division is operating
effectively and efficiently so as to
discourage or prevent the consumption of
tobacco products by members of the
tobacco-free generation.
(2) The Director is to -
(a) submit to the Minister, by
1 December 2021, a report in
relation to the first review; and
(b) submit to the Minister, by
1 December 2025, a report in
relation to the second review.
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Public Health Amendment (Tobacco-free Generation) Act 2014
Act No. of
s. 5
(3) A report may contain recommendations
as to whether, and the manner in which,
this Division may be amended so as to
increase the effective and efficient
operation of this Division.
(4) The Minister is to cause a report
submitted to the Minister under this
section to be tabled in both Houses of
Parliament within 10 sitting-days after
the report is submitted to the Minister.
5. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 7