Tobacco Regulations 1997

i Tobacco Regulations 1997 S.R. No. 105/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Revocation 1 4. Definitions 1 5. Form of warning notice on vending machine 1 6. Form of tobacco infringement notice 2 7. Form of withdrawal of infringement notice 2 __________________ SCHEDULE 3 SCHEDULE 1—Regulations revoked 3 SCHEDULE 2—Form of notice to be displayed on vending machines 4 SCHEDULE 3—Infringement penalty 5 SCHEDULE 4—Notice of withdrawal of tobacco infringement notice 7 ═══════════════ -- 1 of 8 -- 1 STATUTORY RULES 1997 S.R. No. 105/1997 Tobacco Act 1987 Tobacco Regulations 1997 The Governor in Council makes the following Regulations: Dated: 7 October 1997 Responsible Minister: ROB KNOWLES Minister for Health SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe various forms for the purposes of the Tobacco Act 1987. 2. Authorising provisions These Regulations are made under sections 13, 38 and 43 of the Tobacco Act 1987. 3. Revocation The Regulations listed in Schedule 1 are revoked. 4. Definitions In these Regulations— "the Act" means the Tobacco Act 1987. 5. Form of warning notice on vending machine For the purposes of section 13(2) of the Act, the statement to be kept conspicuously displayed on -- 2 of 8 -- S.R. No. 105/1997 Tobacco Regulations 1997 2 the front of a vending machine is in the prescribed form if— (a) it is printed in black and white in the form of Schedule 2; and (b) it measures at least 16·5 centimetres in width and 11 centimetres in height; and (c) the lettering is in the same proportion as the lettering in Schedule 2. 6. Form of tobacco infringement notice For the purposes of section 38(1) of the Act, an infringement notice must be in the form of Schedule 3. 7. Form of withdrawal of infringement notice For the purposes of section 38(2) of the Act, a withdrawal of an infringement notice must be in the form of Schedule 4. __________________ r. 6 -- 3 of 8 -- S.R. No. 105/1997 Tobacco Regulations 1997 3 SCHEDULE SCHEDULE 1 Regulation 3 REGULATIONS REVOKED Tobacco Regulations 1987 S.R. No. 321/1987 Tobacco (Amendment) Regulations 1988 S.R. No. 107/1988 Tobacco (Vending Machines) Regulations 1988 S.R. No. 174/1988 Tobacco (Amendment) Regulations 1994 S.R. No. 20/1994 _______________ Sch. 1 -- 4 of 8 -- S.R. No. 105/1997 Tobacco Regulations 1997 4 SCHEDULE 2 Regulation 4 FORM OF NOTICE TO BE DISPLAYED ON VENDING MACHINES _______________ Sch. 2 -- 5 of 8 -- S.R. No. 105/1997 Tobacco Regulations 1997 5 SCHEDULE 3 Regulation 5 Tobacco Act 1987 (Section 38) Tobacco Regulations 1997 TOBACCO INFRINGEMENT NOTICE No. Date of Notice (insert date) Notice to of' (insert name) (insert address) On at am/pm. (insert date) (insert time) at (insert location) an infringement against the Tobacco Act 1987 was committed as indicated by a cross (X)— INFRINGEMENT PENALTY 1. † An offence against section 12(1) of the Act $100 2. † An offence against section 12(2) of the Act $100 3. † An offence against section 12(3) of the Act $100 4. † An offence against section 13(1) of the Act $100 5. † An offence against section 13(2) of the Act $100 Authorised Officer Note: Proceedings will not be taken against you if— (a) the penalty is paid— Sch. 3 -- 6 of 8 -- S.R. No. 105/1997 Tobacco Regulations 1997 6 (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 authorised officer. If you wish to have this matter dealt with by a court, you need take no action on this notice. _______________ Sch. 3 -- 7 of 8 -- S.R. No. 105/1997 Tobacco Regulations 1997 7 SCHEDULE 4 Regulation 6 Tobacco Act 1987 Section 38(2) TOBACCO REGULATIONS 1997 NOTICE OF WITHDRAWAL OF TOBACCO INFRINGEMENT NOTICE To (insert name) of (insert address) In accordance with section 38(2) of the Tobacco Act 1987, tobacco infringement notice No. which was served on you (insert number of notice) on has been withdrawn. (insert date of service) Dated this (Insert date) Authorised Officer ═══════════════ Sch. 4 -- 8 of 8 --