Tobacco (Amendment) Regulations 2001

i Tobacco (Amendment) Regulations 2001 S.R. No. 55/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Substitution of regulation 1 2 1. Objective 2 6. New regulations 4A, 4B and 4C inserted 2 4A. Point of sale notices about tobacco products 2 4B. Price tickets or labels 4 4C. Retail display area 6 7. New regulation 5AA inserted 6 5AA. No smoking signs in enclosed restaurants and cafes and in dining areas 7 8. Substitution of regulation 5A 7 5A. No smoking signs in retail shopping centres 8 9. New regulation 5AB inserted 8 5AB. Retail outlet warning and cessation of smoking signage 8 10. New regulation 5AC inserted 10 5AC. Retail outlet prohibition of sale of tobacco to minors sign 10 11. Amendment to Schedule 2 11 12. New Schedule 2AA inserted 11 SCHEDULE 2AA 11 13. Substitution of Schedule 3 12 SCHEDULE 3 12 14. Future amendments to Schedule 3 15 ═══════════════ ENDNOTES 17 -- 1 of 18 -- 1 STATUTORY RULES 2001 S.R. No. 55/2001 Tobacco Act 1987 Tobacco (Amendment) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 19 June 2001 Responsible Minister: JOHN THWAITES Minister for Health HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Tobacco Regulations 1997 to— (a) update the objective of those regulations; (b) prescribe requirements in relation to certain matters that are authorised to be prescribed by the Tobacco (Amendment) Act 2000; (c) prescribe requirements in relation to certain matters that are authorised to be prescribed by the Tobacco (Further Amendment) Act 2001; (d) replace (and subsequently amend) the infringement notice prescribed in Schedule 3 to those regulations so that the notice accords with the Schedule to the Tobacco Act 1987 as amended by the Acts referred to in paragraphs (b) and (c). -- 2 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 2 2. Authorising provision These Regulations are made under section 43 of the Tobacco Act 1987. 3. Commencement (1) These Regulations, except regulations 6, 8, 10, 12 and 14, come into operation on 1 July 2001. (2) Regulations 10, 12 and 14(3) come into operation on 1 October 2001. (3) Regulations 8 and 14(1) come into operation on 1 November 2001. (4) Regulations 6 and 14(2) come into operation on 1 January 2002. 4. Principal Regulations In these Regulations, the Tobacco Regulations 19971 are called the Principal Regulations. 5. Substitution of regulation 1 For regulation 1 of the Principal Regulations substitute— "1. Objective The objective of these Regulations is generally to prescribe matters required or permitted by the Tobacco Act 1987 to be prescribed or necessary to be prescribed to give effect to that Act.". 6. New regulations 4A, 4B and 4C inserted After regulation 4 of the Principal Regulations insert "4A. Point of sale notices about tobacco products For the purposes of section 6(3)(ca) of the Act, the prescribed requirements as to— r. 2 -- 3 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 3 (a) the size of a notice is that the notice is not larger than 1·5 metres by 1·5 metres; (b) the information to be contained in a notice is that the notice may contain any one or more of the following— (i) the product lines usually available for sale; (ii) the product flavours; (iii) the pack numbers; (iv) the product prices, including any discount price information; (c) the manner in which the information in a notice is set out or displayed is that the information— (i) contains only lettering or numbers with a width not greater than 1·5 centimetres and a height not greater than 2·1 centimetres; and (ii) contains letters or numbers printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and (iii) is not more distinctive than the information in price tickets or labels used within the premises; and (iv) if price information, is printed or written on only one side of the notice; and (v) if price information, is not highlighted by any artificial lighting greater than that used throughout the premises. r. 6 -- 4 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 4 4B. Price tickets or labels (1) For the purposes of section 6(3)(cb) of the Act, the prescribed requirements as to— (a) the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest immediate package of the tobacco product on display; (b) the information to be contained in a price ticket or label is that the price ticket or label may contain the price, including any discount price information, of the product line and any one or more of the following— (i) the name of the product line; (ii) the strength of the product line; (iii) the flavour and the number of items contained in the product line; (iv) the average weekly sales of the product line; (v) any identifying category information related to the product line; (vi) a bar code or a similar identifying code of the product line; (vii) the country of origin of the product line, including any symbol representing the country of origin; (c) the manner in which the information in a price ticket or label is set out or displayed is that the information— r. 6 -- 5 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 5 (i) has a letter or number width not greater than one centimetre and a letter or number height not greater than 2·1 centimetres; and (ii) is printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and (iii) is not more distinctive than price tickets or labels used in relation to other goods within the premises; and (iv) is not set out or displayed in such a way that the information, taken together with the information in one or more other price tickets or labels, forms an image or has a visual effect; and (v) is not highlighted by any artificial lighting greater than that used throughout the premises. (2) For the purposes of section 6(3)(cc) of the Act, the prescribed requirements as to— (a) the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest representation of an immediate package of the tobacco product on display; (b) the information to be contained in a price ticket or label is that the price ticket or label may contain the price, including any discount price information, of the product line and any one or more of the following— (i) the name of the product line; r. 6 -- 6 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 6 (ii) the strength of the product line; (iii) the flavour and the number of items contained in the product line; (iv) a bar code or a similar identifying code of the product line; (v) the country of origin of the product line, including any symbol representing the country of origin; (c) the manner in which the information in a price ticket or label is set out is that the information— (i) has a letter or number width not greater than one centimetre and a letter or number height not greater than 2·1 centimetres; and (ii) is printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and (iii) is not set out or displayed in such a way that the information, taken together with the information in one or more other price tickets or labels, forms an image or has a visual effect. 4C. Retail display area For the purposes of section 6A(7) of the Act the prescribed area of display is 4 square metres.". 7. New regulation 5AA inserted After regulation 5 of the Principal Regulations insert— r. 6 -- 7 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 7 '5AA. No smoking signs in enclosed restaurants and cafes and in dining areas (1) For the purposes of section 15A of the Act, the prescribed requirements for the no smoking signs to be displayed within an enclosed restaurant or cafe or a dining area are— (a) that the signs contain— (i) a no smoking symbol in the form of a circle and diagonal line printed over a depiction of a cigarette and smoke and the outer diameter of that symbol is at least 70 millimetres; and (ii) the phrase "No Smoking" or "Smoking Prohibited" in letters of at least 20 millimetres in height; and (iii) the statement "It is an offence to smoke in an enclosed restaurant or cafe or in a dining area"; and (b) that the signs are displayed in such manner as to ensure that a person is reasonably likely to see one or more of them either on entering the enclosed restaurant or cafe or the dining area or from within the enclosed restaurant or cafe or the dining area. (2) Nothing in sub-regulation (1) prohibits the use of signs, in addition to those referred to in sub-regulation (1), that convey by way of graphics, pictures, symbols or text a no smoking message.'. 8. Substitution of regulation 5A r. 7 -- 8 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 8 For regulation 5A of the Principal Regulations substitute— '5A. No smoking signs in retail shopping centres For the purposes of section 15B of the Act, the prescribed requirements for the no smoking signs to be displayed in prominent positions at entrances to enclosed areas of a retail shopping centre are— (a) that the signs contain— (i) a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black; and (ii) the phrase "No Smoking" or "Smoking Prohibited"; and (iii) the phrases "Penalties Apply" and "Tobacco Act 1987"; and (b) that the signs must be a minimum A4 in size (210 millimetres in width and 297 millimetres in height); and (c) that all lettering on the sign is printed in black.'. 9. New regulation 5AB inserted After regulation 5A of the Principal Regulations insert— '5AB. Retail outlet warning and cessation of smoking signage r. 8 -- 9 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 9 (1) For the purposes of section 15C(1)(a) and (2) of the Act, the prescribed requirements for a health warning sign are that— (a) the sign must be a minimum A3 in size (297 millimetres by 420 millimetres or 420 millimetres by 297 millimetres); and (b) the sign must contain the statement "Smoking can kill you. Call the Quit line on 131 848" printed or written— (i) in black on a white background; and (ii) in the maximum proportionate lettering that can be accommodated within the confines of the size of the sign; and (c) the sign must be displayed in a manner that ensures that it is clearly visible— (i) at an entrance to the premises; or (ii) at a point of sale on the premises. (2) For the purposes of section 15C(1)(b) and (2) of the Act, the prescribed requirements for a sign relating to programs assisting in the cessation of smoking are that— (a) the sign must be a minimum A3 in size (297 millimetres by 420 millimetres or 420 millimetres by 297 millimetres); and (b) the sign must contain the statement "Want to Quit smoking? Call the Quit line on 131 848" or "Need help to Quit smoking? Call the Quit line on 131 848" printed or written— r. 9 -- 10 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 10 (i) in black on a white background; and (ii) in the maximum proportionate lettering that can be accommodated within the confines of the size of the sign; and (c) the sign must be displayed in a manner that ensures that it is clearly visible— (i) at an entrance to the premises; or (ii) at a point of sale on the premises.'. 10. New regulation 5AC inserted After regulation 5AB of the Principal Regulations insert— "5AC. Retail outlet prohibition of sale of tobacco to minors sign (1) For the purposes of section 15C(3) of the Act, the prescribed sign relating to the prohibition of the sale of tobacco products to persons under the age of 18 years is the sign set out in Schedule 2AA. (2) The prescribed sign must be— (a) printed with a blue background and white lettering; and (b) a minimum A4 in size (210 millimetres in width and 297 millimetres in height); and (c) displayed in a manner that ensures that it is clearly visible— (i) at an entrance to the premises; or (ii) at a point of sale on the premises. r. 10 -- 11 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 11 (3) Nothing in this regulation prohibits the use of a sign, in addition to the prescribed sign, that conveys by way of graphics, pictures, symbols or text a message about the prohibition of the sale of tobacco products to persons under the age of 18 years.". 11. Amendment to Schedule 2 In Schedule 2 to the Principal Regulations, for "Regulation 4" substitute "Regulation 5". 12. New Schedule 2AA inserted After Schedule 2 to the Principal Regulations insert— "SCHEDULE 2AA Regulation 5AC PROHIBITION OF THE SALE OF TOBACCO PRODUCTS TO MINORS SIGN r. 11 -- 12 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 12 ". 13. Substitution of Schedule 3 For Schedule 3 to the Principal Regulations substitute— "SCHEDULE 3 Regulation 6 Tobacco Act 1987—section 38 Tobacco Regulations 1997 TOBACCO INFRINGEMENT NOTICE No. Date of Notice (insert date) Notice to of (insert name) (insert address) r. 13 -- 13 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 13 On at a.m./p.m. (insert date) (insert time) at (insert location) an infringement against the Tobacco Act 1987 was committed as indicated by a cross (X)— Summary of infringement Section of Act Penalty 1. ! Smoking by a person in an enclosed restaurant or cafe or in a dining area 5A(1) $100 2. ! Occupier is guilty of an offence if a person smokes in contravention of section 5A 5B(1) $100 3. ! Smoking in a controlled shopping centre 5C(1) $100 4. ! Occupier of a part of a controlled shopping centre is guilty of an offence if a person smokes in that part of the centre in contravention of section 5C 5D(1) $100 Summary of infringement Section of Act Penalty 5. ! Selling a tobacco product to a person under the age of 18 years 12(1) $200 6. ! Purchasing a tobacco product for the use of a person under the age of 18 years 12(2) $100 7. ! Permitting a person under the age of 18 years to obtain a tobacco product from a vending machine situated on premises occupied by the person on whom this notice is served 12(3) $200 8. ! Placing or causing or permitting to be placed a vending machine for operation by members of the public in any premises other than premises referred to in section 13(1)(a), (b) or (c) of the Act* 13(1) $100 r. 13 -- 14 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 14 9. ! Owner or lessee of a vending machine who fails to ensure that there is kept conspicuously displayed on the front of the vending machine a statement in the prescribed form 13(2) $100 10. ! Owner of an enclosed restaurant or cafe or a dining area who fails, without reasonable excuse, to display no smoking signs in accordance with the regulations 15A $100 11. ! Owner of a controlled shopping centre who fails to display no smoking signs in prominent positions at entrances to the centre to reasonably identify the centre as a no smoking area 15B $100 Summary of infringement Section of Act Penalty 12. ! Occupier of premises of a tobacco retailing business who fails to display in accordance with the regulations a health warning sign or a sign relating to cessation of smoking programs 15C(1) $100 13. ! A person who refuses or falsely responds to an inspector's request for the person's name or address 36C(3) $100 * The premises referred to in section 13(1)(a), (b) and (c) of the Act are— (a) licensed premises within the meaning of the Liquor Control Reform Act 1998; or (b) a bingo centre within the meaning of the Gaming No. 2 Act 1997 in respect of which— (i) the age limit prescribed under that Act is at least 16; or (ii) a condition of the relevant bingo centre operator licence prohibits entry to the centre by persons under the age of 16; or r. 13 -- 15 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 15 (c) premises set aside by an employer as a staff amenity area for the use of persons over the age of 16 years. Inspector Note: Proceedings will not be taken against you if— (a) the penalty is paid— (i) within 1 calendar month after this notice is served on you at (name and address of Council or Department); or (ii) if the inspector allows, before a summons is served on you in respect of the infringement; or (b) this notice is withdrawn by the inspector. If you wish to have this matter dealt with by a court, you need to take no action on this notice.". 14. Future amendments to Schedule 3 (1) In Schedule 3 to the Principal Regulations— (a) in item 3, for "a controlled shopping centre" substitute "an enclosed area of a retail shopping centre"; (b) in item 4— (i) for "a part of a controlled shopping centre" substitute "an enclosed area of a retail shopping centre"; (ii) for "that part of the centre" substitute "that area"; (c) in item 11— (i) for "a controlled shopping centre" substitute "a retail shopping centre"; r. 14 -- 16 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 16 (ii) for "the centre" (where first occurring) substitute "any enclosed area of the centre"; (iii) for "the centre" (where secondly occurring) substitute "that area". (2) In Schedule 3 to the Principal Regulations, after item 4 insert— "4A. ! Advertising a tobacco product at a retail or wholesale outlet not in accordance with section 6A 6(2A) $100 4B. ! Display of tobacco products at a retail or wholesale outlet other than at a point of sale 6(2B) $100". (3) In Schedule 3 to the Principal Regulations— (a) after item 9 insert— "9A. ! Person selling any tobacco product that is carried about on the seller's person 13A $100 9B. ! Person selling cigarettes other than in a packet containing at least 20 cigarettes 14 $100"; (b) after item 12 insert— "12A. ! Occupier of premises of a tobacco retailing business who fails to display in accordance with the regulations a prescribed sign relating to the prohibition of the sale of tobacco products to minors 15C(3) $100". ═══════════════ r. 14 r. 14 -- 17 of 18 -- S.R. No. 55/2001 Tobacco (Amendment) Regulations 2001 17 ENDNOTES 1 Reg. 4: S.R. No. 105/1997. Amended by S.R. Nos 11/1998 and 116/2000. Endnotes -- 18 of 18 --