Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
PUBLIC HEALTH AMENDMENT (PREVENTION
OF SALE OF SMOKING PRODUCTS TO UNDER-
AGE PERSONS) BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 63 amended (Smoking, &c., by children or under-age
persons)
6. Section 64 amended (Sale to children or under-age persons)
7. Section 64A amended
8. Sections 65 and 65A inserted
65. Under-age person to provide proof of age on request
when attempting purchase of smoking product
65A. False proof of age not to be provided
9. Section 67AB inserted
67AB. Review of this Division
10. Repeal of Act
[Bill 45]-XI
2
PUBLIC HEALTH AMENDMENT (PREVENTION
OF SALE OF SMOKING PRODUCTS TO UNDER-
AGE PERSONS) BILL 2018
(Brought in by the Honourable Ivan Dean)
A BILL FOR
An Act to phase in restrictions on the sale of tobacco
products to under-age persons, and for related purposes
Be it enacted by Her 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 (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018.
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 45] 3
Public Health Amendment (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018
Act No. of 2018
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of tobacco product
the following definition:
under-age person means -
(a) for the period of 12 months
commencing 6 months after the
day on which the Public Health
Amendment (Prevention of Sale
of Smoking Products to Under-
age Persons) Act 2018
commences - a person who has
attained the age of 18, but not 19,
years; and
(b) for the period of 12 months after
the end of the period referred to
in paragraph (a) - a person who
has attained the age of 18, but not
20, years; and
(c) after the end of the period
referred to in paragraph (b) - a
person who has attained the age
of 18, but not 21, years;
5. Section 63 amended (Smoking, &c., by children or
under-age persons)
Section 63 of the Principal Act is amended as
follows:
4
Public Health Amendment (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018
Act No. of 2018
s. 6
(a) by inserting in subsection (1) "or under-
age person" after "child";
(b) by inserting in subsection (2) "or under-
age person" after "child";
(c) by inserting in subsection (2) ", or the
under-age person's," after "child's".
6. Section 64 amended (Sale to children or under-age
persons)
Section 64 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) A person must not sell, or offer to
sell, any smoking product to, or
for the use of, any under-age
person.
Penalty: Fine not exceeding -
(a) for a first offence,
120 penalty units;
and
(b) for a second
offence, 240
penalty units; and
(c) for a third and
subsequent
5
Public Health Amendment (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018
Act No. of 2018
s. 6
offence, 360
penalty units.
(b) by inserting the following subsection
after subsection (2):
(2A) A person who is the holder of a
smoking product licence must not
permit the sale, loan, gift or
supply of any smoking product
to, or for the use of, any under-
age person.
Penalty: Fine not exceeding -
(a) for a first offence,
120 penalty units;
and
(b) for a second
offence, 240
penalty units; and
(c) for a third and
subsequent
offence, 360
penalty units.
(c) by inserting the following subsection
after subsection (3):
(4) An employer who is not the
holder of a smoking product
licence must not permit any
employee on or within 100
metres of any premises owned or
6
Public Health Amendment (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018
Act No. of 2018
s. 6
occupied by the employer to sell
any smoking product to, or for
the use of, any under-age person.
Penalty: Fine not exceeding -
(a) for a first offence,
120 penalty units;
and
(b) for a second
offence, 240
penalty units; and
(c) for a third and
subsequent
offence, 360
penalty units.
(d) by inserting in subsection (5) "or
subsection (1A)" after "subsection (1)";
(e) by inserting in subsection (6) "and under-
age persons" after "children";
(f) by inserting the following subsections
after subsection (7):
(7A) Subsections (1A) and (4) do not
apply to a person who has taken
reasonable steps to prevent the
sale of smoking products to any
under-age person.
(7B) Subsection (2A) does not apply,
in relation to an alleged
7
Public Health Amendment (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018
Act No. of 2018
s. 7
contravention of the subsection in
relation to an under-age person,
to a person who has taken
reasonable steps to prevent the
sale, loan, gift or supply of
smoking products to any under-
age person.
(g) by inserting in subsection (8) "or under-
age person" after "child".
7. Section 64A amended
Section 64A of the Principal Act is amended as
follows:
(a) by numbering the text of the section as
subsection (1);
(b) by inserting the following subsection
after subsection (1):
(2) A person must not sell, or offer to
sell, any non-tobacco cigarette to,
or for the use of, an under-age
person.
Penalty: Fine not exceeding 50
penalty units.
8. Sections 65 and 65A inserted
After section 64A of the Principal Act, the
following sections are inserted in Division 1:
8
Public Health Amendment (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018
Act No. of 2018
s. 9
65. Under-age person to provide proof of age on
request when attempting purchase of
smoking product
An under-age person who attempts to
purchase a smoking product from another
person and who is requested by the other
person to provide proof of age must
provide proof of age to the other person.
65A. False proof of age not to be provided
A person who knows, or ought
reasonably be expected to know, that his
or her proof of age is false must not
provide the proof of age to another
person from whom the person is
attempting to purchase a smoking
product.
Penalty: Fine not exceeding 10 penalty
units.
9. Section 67AB inserted
After section 67A of the Principal Act, the
following section is inserted in Division 1:
67AB. Review of this Division
(1) The Director is to conduct, after the end
of the period of 3 years from the day on
which this section commences, a review
in respect of -
9
Public Health Amendment (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018
Act No. of 2018
s. 9
(a) the operation of this Division;
and
(b) whether this Division is operating
effectively and efficiently so as to
discourage or prevent smoking or
the use of smoking products by
children and under-age persons;
and
(c) whether further amendments to
this Act are required in order to
discourage or prevent smoking or
the use of tobacco products by
children and under-age persons.
(2) The Director is to submit to the Minister,
within the period of 3 years and 6 months
after the day on which this section
commences, a report in relation to the
review.
(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.
10
Public Health Amendment (Prevention of Sale of Smoking
Products to Under-age Persons) Act 2018
Act No. of 2018
s. 10
10. 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 11