Tobacco (Amendment) Regulations 2000

i Tobacco (Amendment) Regulations 2000 S.R. No. 116/2000 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. New regulations 5A and 5B inserted 1 5A. No smoking signs in controlled shopping centres 2 5B. Acknowledgment of consent 2 4. New Schedule 2A inserted 2 5. New Schedule 3 substituted 3 6. Amendment to Schedule 4 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2000 S.R. No. 116/2000 Tobacco Act 1987 Tobacco (Amendment) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 21 November 2000 Responsible Minister: JOHN THWAITES Minister for Health HELEN DOYE Clerk of the Executive Council 1. Objectives The main objectives of these Regulations are— (a) to prescribe the form of "no smoking" signs to be displayed at controlled shopping centres; (b) to prescribe the acknowledgment of consent form for the purpose of section 36D(3) of the Tobacco Act 1987; (c) to substitute a new infringement notice in respect of offences under the Tobacco Act 1987. 2. Authorising provision These Regulations are made under section 43 of the Tobacco Act 1987. 3. New regulations 5A and 5B inserted -- 2 of 8 -- S.R. No. 116/2000 Tobacco (Amendment) Regulations 2000 2 After regulation 5 of the Tobacco Regulations 19971 insert— '5A. No smoking signs in controlled shopping centres For the purposes of section 15B of the Act, the no smoking sign to be displayed in prominent positions at entrances to a controlled shopping centre is in the prescribed form if— (a) it contains 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 (b) it contains the phrase "No Smoking" or "Smoking Prohibited"; and (c) it contains the phrases "Penalties Apply" and "Tobacco Act 1987"; and (d) all lettering is printed in black. 5B. Acknowledgment of consent For the purposes of section 36D(3) of the Act, the prescribed acknowledgment of consent by an occupier of premises to an entry and search of the premises and the seizure or taking of any thing during the search must be in the form of Schedule 2A.'. 4. New Schedule 2A inserted After Schedule 2 to the Tobacco Regulations 1997 insert— "SCHEDULE 2A -- 3 of 8 -- S.R. No. 116/2000 Tobacco (Amendment) Regulations 2000 3 Regulation 5B Tobacco Act 1987 (Section 36D) ENTRY, SEARCH, SEIZURE AND TAKING ACKNOWLEDGMENT OF CONSENT Name of inspector Details of premises Name of occupier Address Consent to entry and search Purpose of entry and search: Statement of occupier: • The inspector has informed me of the purpose of the search. • I have been informed that I may refuse consent to the entry and search of the premises. • I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings. • I consent to the entry and search of the premises. Signature of occupier Date Time Consent to seizure and taking Items to be seized: Statement of occupier: I consent to the seizure and taking of any items listed. Signature of occupier Date Time". __________________ 5. New Schedule 3 substituted r. 4 -- 4 of 8 -- S.R. No. 116/2000 Tobacco (Amendment) Regulations 2000 4 For Schedule 3 to the Tobacco Regulations 1997 substitute— "SCHEDULE 3 Regulation 6 Tobacco Act 1987 (Section 38) TOBACCO INFRINGEMENT NOTICE No. Date of Notice (insert date) Notice to of (insert name) (insert address) 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 in a controlled shopping centre 5C(1) $100 2. ! 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 3. ! Selling a tobacco product to a person under the age of 18 years 12(1) $200 4. ! Purchasing a tobacco product for the use of a person under the age of 18 years 12(2) $100 Section -- 5 of 8 -- S.R. No. 116/2000 Tobacco (Amendment) Regulations 2000 5 Summary of infringement of Act Penalty 5. ! 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 6. ! 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 7. ! 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 8. ! Owner of a controlled shopping centre who fails to display prescribed no smoking signs in prominent positions at entrances to the centre to reasonably identify the centre as a no smoking area 15B $100 9. ! Refusing or failing to comply with an inspector's request or falsely stating a 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 (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: r. 5 -- 6 of 8 -- S.R. No. 116/2000 Tobacco (Amendment) Regulations 2000 6 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 authorised officer 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.". 6. Amendment to Schedule 4 In Schedule 4 to the Tobacco Regulations 1997 for "Authorised Officer" substitute "Inspector". ═══════════════ r. 6 -- 7 of 8 -- S.R. No. 116/2000 Tobacco (Amendment) Regulations 2000 7 ENDNOTES 1 Reg. 3: S.R. No. 105/1997 as amended by S.R. No. 11/1998. Endnotes -- 8 of 8 --