Western Australian Current Acts

TOBACCO PRODUCTS CONTROL ACT 2006

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Purposes of Act
            
   4.      Terms used
            
   5.      Application to Crown

   PART 2 -- Sale and supply

           Division 1 -- Supply to people under  

   6.      Supply etc. to people under 18 prohibited
            
   7.      Purchase on behalf of people under 18 prohibited
            
   8.      Vending machines not to be operated by people under
            
   9.      Indirect sales, proof of age required for
            
   10.     Tobacco products etc. for delivery, markings on
            
   11.     Delivery of tobacco products etc.
            
   12.     Refusal of supply etc. if no proof of age
            
   13.     Defence to s. 6, 7, 8(1) and 9 offences, age of receiver
            
   14.     Defence to s. 6 and 11 offences for Australia Post workers
            
   15.     Proof of age for s. 9, 12 and 13(2)(c), what is

           Division 2 -- Sale of tobacco products  

   16.     Retailers of tobacco products to be licensed
            
   17.     Wholesalers of tobacco products to be licensed
            
   18.     Indirect sellers of tobacco products to be licensed
            
   18A.    No retail sale by person under 18 years
            
   19.     Tobacco products for sale to be labelled
            
   20.     Only one sale place in each retail premises
            
   21.     No retail sale of cigarettes except in packages of at least 20
            
   21A.    No sale of cigarettes in certain packages
            
   21B.    No sale of flavoured cigarettes
            
   22.     No display of tobacco products etc. in retail premises
            
   23.     Defence to s. 22(1) offence for specialist retailers
            
   24.     Information about availability etc. of tobacco products etc. in retail premises
            
   25.     Warnings to be displayed at retail premises etc.
            
   26.     Information etc., provision of by CEO and some licensees
            
   27.     Vending machines, where they can be placed
            
   28.     People carrying tobacco products not to sell them
            
   29.     Price discounting not to be advertised
            
   30.     Only tobacco prepared for smoking to be sold etc.

   PART 3 -- Advertising and promotion  

   31.     Tobacco advertisements restricted
            
   32.     Exceptions to s.
            
   33.      Prizes etc. connected with sale of tobacco product prohibited
            
   33A.    Tobacco products not to be included in loyalty programme
            
   34.     Free samples of tobacco products not to be given etc.
            
   35.     Sponsorships in connection with promoting tobacco products etc. prohibited

   PART 4 -- Licensing

           Division 1 -- Licensing procedures  

   36.     Types and content of licences
            
   37.     Application for licence
            
   38.     How and when to apply for renewal
            
   39.     Issuing and renewing licences, CEO’s functions
            
   40.     Applicants to be notified of refusal etc.
            
   41.     Conditions and restrictions of general application
            
   42.     Conditions and restrictions of particular application
            
   43.     Duration of licence
            
   44.     Amending licence to apply to different premises
            
   45.     Register of licences

           Division 2 -- Powers of courts and State Administrative Tribunal  

   46.     Review by SAT of licensing decisions
            
   47.     Disciplinary action against licence holders by SAT
            
   48.     Courts’ powers on conviction in addition to punishment
            
   49.     Non-compliance with SAT’s order, SAT’s powers as to
            
   50.     Proceedings in court or SAT, general provisions about

           Division 3 -- Further obligations of licence holders  

   51.     Breach of condition or restriction
            
   52.     Retailer’s licence to be displayed
            
   53.     Licence to be produced on request by investigator
            
   54.     Lost etc. licences, notice and replacement of
            
   55.     Expired, amended etc. licences to be returned to CEO
            
   56.     Licence details to be shown on invoices etc.
            
   57.     Wholesalers’ duties
            
   58.     Records to be kept by licence holders etc.

   PART 5 -- Administration  

   74.     CEO may delegate
            
   75.     CEO may carry out research etc.

   PART 6 -- Investigations

           Division 1 -- Investigators and investigation purposes  

   76.     Investigators, appointment of
            
   77.     Appointment of restricted investigators
            
   78.     Restricted investigators, powers of
            
   79.     Police have powers of investigator
            
   80.     CEO has powers of investigator
            
   81.     Identity cards for investigators and restricted investigators
            
   82.     Identity card etc. to be shown
            
   83.     Purposes for which investigations may be done

           Division 2 -- Obtaining identifying information  

   84.     Investigator may ask for name, address etc.

           Division 3 -- Powers in relation to premises  

   85.     Power to enter premises
            
   86.     Residential premises, entry of
            
   87.     Warrants to enter premises
            
   88.     Identification and warrant (if any) to be shown on entry
            
   89.     Investigator’s powers as to premises
            
   90.     Offences
            
   91.     Things in premises, investigator’s duties as to
            
   92.     Access to, and return of, things taken from premises
            
   93.     Use of force by police officers

           Division 4 -- Compliance surveys and controlled purchase operations  

   94.     Terms used
            
   95.     Controlled purchase officers, authorisation of etc.
            
   96.     Compliance surveys and controlled purchase operations
            
   97.     Reports about compliance surveys etc., CEO’s duties as to

   PART 7 -- Enforcement

           Division 1 -- Young persons with tobacco products or smoking implements  

   98.     Terms used
            
   99.     Seizing tobacco products etc. from young persons
            
   100.    Young person found smoking etc. to give information
            
   101.    If young person found smoking etc., parent may be informed and approved guide provided
            
   102.    Powers in s. 84 unavailable for this Division

           Division 2 -- Offences  

   103.    False or misleading information given to CEO etc.
            
   104.    False information about tobacco products etc.
            
   105.    Licence holders not to possess certain tobacco products
            
   106.    Products resembling tobacco products etc. not to be sold
            
   107A.   No smoking on beaches “between the flags”
            
   107B.   No smoking in outdoor eating areas
            
   107C.   No smoking near playground equipment
            
   107D.   No smoking in or on vehicles if under 17 year old present
            
   107E.   Local government legislative power not affected
            
   107F.   Protection of employees refusing to work in smoking zone
            
   107.    Obstruction of CEO etc.
            
   108.    Corporations or employers, conduct on behalf of
            
   109.    Liability of officers for offence by body corporate
            
   110.    Liability of employers

           Division 3 -- Prosecutions  

   111.    When a prosecution can be commenced
            
   112.    Consent required for certain prosecutions
            
   113.    Evidentiary provisions
            
   114.    Copies etc. of documents, evidentiary status of

           Division 4 -- Penalties  

   115.    General penalties
            
   116.    Continuing offences, penalties for

           Division 5 -- Seized things and forfeiture  

   117.    Storage of seized things
            
   118.    Storage expenses payable by convicted person
            
   119.    Forfeiture on conviction
            
   120.    Unclaimed seized things, CEO’s powers to deal with

   PART 8 -- Miscellaneous  

   121.    Protection from liability for wrongdoing
            
   123.    Certain information not to be disclosed etc.
            
   124A.   Alleged offences of smoking near children, police to give CEO information about
            
   124.    Regulations, general powers to make
            
   125.    Regulations about smoking in public places
            
   127.    Review of Act

   PART 9 -- Transitional provisions for Tobacco Products Control Amendment Act 2018  

   128.    Restricted investigators
            
   129.    Application of s. 119(1) to certain convictions
           Glossary  
   1.      Terms used
            
           Other notes
           Defined terms
           GLOSSARY