Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
PUBLIC HEALTH AMENDMENT (TOBACCO-FREE GENERATION) BILL
2014
CLAUSE NOTES
Clause 1 Short title
This clause provides the short title to be used when citing the Act or
for any legal purpose.
Clause 2 Commencement
This Act commences on the day on which it is proclaimed.
Clause 3 Principal Act
The Public Health Act 1997 is the Principal Act
The Public Health Act 1997, PART 1 Section 3. Interpretation Section
contains definitions which are relevant to this amendment and
defines key terms such as "proof of age", "tobacco product",
"tobacco seller's licence", "premises", "guidelines", "Director" and
"sell".
Clause 4. Part 4, Division 1B
A new Division is created to provide for circumstances relating to
tobacco sales for the Tobacco-Free Generation.
67I Interpretation of this Division
A member of the tobacco-free generation is anyone born on or after
January 1 2000. This includes visitors to Tasmania.
67J Sale of cigarettes, &c., to member of tobacco-free generation
The following provisions are similar to those in the Principal Act,
relating to children.
(1)No one can sell tobacco products to a member of the tobacco-
free generation. There is an offence and penalty attached. This
includes friends and family of the person. However, there is no
offence for friends and family giving tobacco products away to
a member of the tobacco-free generation. People aged over 18
born after the year 2000 can "bot" cigarettes.
(2)Licensed tobacco sellers are not allowed to sell or give away or
permit another person (including an employee or
representative of the license holder) to sell or give away
tobacco products to a member of the tobacco-free generation,
and there is a penalty attached. This particular section is
designed to prevent the supply of free cigarettes and tobacco
to members of the tobacco-free generation by the holder of
the licence or employees in shops, or the tobacco industry or
its representatives at music festivals and other events.
(3)If a person who sells a tobacco product is prosecuted, but has
obtained proof of age from the buyer, there is a defence to the
charge.
(4)If a person has taken reasonable steps to stop his/her staff
from selling or supplying tobacco to persons from the tobacco-
free generation, there is a defence to any related charge. This
would include telling employees etc. that they must not do this.
(5)A person in charge of premises must give information about the
guidelines about the tobacco-free generation to their staff. A
penalty applies.
(6)If a person is alleged to be a member of the tobacco-free
generation in proceedings the prosecution is not required to
produce birth certificates or other documentation to prove this.
A similar provision is already in the Act, relating to children.
This will not prevent a person providing proof that another
person was NOT a member of the tobacco-free generation, but
they will need to do this to counter the implied proof that the
other person was a member of the tobacco-free generation.
67K. False proof of age to tobacco sellers, &c., must not be
provided
Members of the tobacco-free generation must not provide false
proof of age to tobacco sellers. A penalty applies. This is the only
penalty that might apply to a member of the tobacco-free
generation. This section does not apply to adults born prior to 2000,
as it is irrelevant to their legal purchase of tobacco. If older people
are using false identification they may be breaching other legislation,
but not public health, with which this Act is principally concerned.
67L. Review of this Division
(1)The Director of Public Health is to conduct reviews in 2021
and 2025 when the tobacco-free generation reaches the ages
of 21, and 25. This will enable the parliament and the public to
see how well the legislation is operating. These particular
reviews need not be onerous, long or resource intensive. The
Director already provides five yearly comprehensive reports on
the state of public health.
(2) (a) & (b) the Director of Public Health is to provide the
reports to the Minister.
(3) The reports may recommend amendments to the
legislation.
(4) The Minister must ensure that the reports are tabled in both
Houses of Parliament within 10 sitting-days. Members of
Parliament will then be in a position to decide if the legislation
requires amendments.
6. Repeal of the Act
This is a standard clause that allows amending Acts to be repealed
once they have done their job and amended the Principal Act.