Tobacco Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Tobacco Amendment Act 2013 No. 66 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 PART 2—CONTROLS RELATING TO TOBACCO PRODUCTS 3 4 Definitions 3 5 New sections 5RC to 5RJ inserted 3 5RC No smoking in outdoor area of public swimming pool complex 3 5RD No offence by minors in outdoor area of public swimming pool complex 4 5RE No smoking at or in vicinity of outdoor children's playground equipment 4 5RF No offence by minors at or in vicinity of outdoor children's playground equipment 5 5RG No smoking at or in vicinity of outdoor skate park 5 5RH No offence by minors at or in vicinity of outdoor skate park 6 5RI No smoking at or in vicinity of outdoor sporting venue 6 5RJ No offence by minors at or in vicinity or outdoor sporting venue 8 6 Certain advertising prohibited 9 7 Repeal of section 11 9 8 Amendment of Schedule 9 PART 3—MISCELLANEOUS AMENDMENTS 10 9 New section 15SA inserted 10 15SA Cessation of new certification as specialist tobacconist 10 10 New section 36QA inserted 10 36QA Offence to intimidate, threaten or assault inspector 10 11 Power to require names of persons supplied with tobacco 10 12 Regulations 11 -- 1 of 15 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 12 13 Repeal of amending Act 12 ═══════════════ ENDNOTES 13 -- 2 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Tobacco Amendment Act 2013 † No. 66 of 2013 [Assented to 6 November 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to amend the Tobacco Act 1987— (a) to prohibit smoking in certain public outdoor areas; and (b) to restrict further the promotion and display of tobacco products; and Victoria -- 3 of 15 -- Part 1—Preliminary Tobacco Amendment Act 2013 No. 66 of 2013 2 Authorised by the Chief Parliamentary Counsel (c) to make it an offence to threaten, assault or intimidate an inspector who is exercising a power under Part 3A of that Act; and (d) to make other miscellaneous amendments. 2 Commencement (1) Subject to subsection (2), the provisions of this Act come into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 October 2014, it comes into operation on that day. 3 Principal Act In this Act, the Tobacco Act 1987 is called the Principal Act. __________________ s. 2 See: Act No. 81/1987. Reprint No. 8 as at 1 March 2013. LawToday: www. legislation. vic.gov.au -- 4 of 15 -- Part 2—Controls Relating to Tobacco Products Tobacco Amendment Act 2013 No. 66 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—CONTROLS RELATING TO TOBACCO PRODUCTS 4 Definitions In section 3 of the Principal Act insert the following definition— "road has the same meaning as in section 3(1) of the Road Safety Act 1986;". 5 New sections 5RC to 5RJ inserted After section 5RB of the Principal Act insert— "5RC No smoking in outdoor area of public swimming pool complex (1) A person must not smoke in an outdoor area of a swimming pool complex that is a public place. Penalty: 5 penalty units. (2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention. (3) A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention. Penalty: 5 penalty units. (4) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is within a swimming pool complex that is a public place. s. 4 -- 5 of 15 -- Part 2—Controls Relating to Tobacco Products Tobacco Amendment Act 2013 No. 66 of 2013 4 Authorised by the Chief Parliamentary Counsel (5) For the purposes of this section— outdoor area, in relation to a swimming pool complex, means an area within the external perimeter of the complex that is not enclosed. 5RD No offence by minors in outdoor area of public swimming pool complex Despite anything to the contrary in section 5RC or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RC. 5RE No smoking at or in vicinity of outdoor children's playground equipment (1) A person must not smoke at or within 10 metres of children's playground equipment that is in an outdoor public place. Penalty: 5 penalty units. (2) Subsection (1) does not apply to a person— (a) in a motor vehicle, unless the motor vehicle is stationary; or (b) in an area that is separated from the children's playground equipment by a road; or (c) at residential premises or on land at which residential premises are built or may lawfully be built. (3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention. s. 5 -- 6 of 15 -- Part 2—Controls Relating to Tobacco Products Tobacco Amendment Act 2013 No. 66 of 2013 5 Authorised by the Chief Parliamentary Counsel (4) A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention. Penalty: 5 penalty units. (5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is within 10 metres of children's playground equipment. 5RF No offence by minors at or in vicinity of outdoor children's playground equipment Despite anything to the contrary in section 5RE or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RE. 5RG No smoking at or in vicinity of outdoor skate park (1) A person must not smoke at or within 10 metres of a skate park that is in an outdoor public place. Penalty: 5 penalty units. (2) Subsection (1) does not apply to a person— (a) in a motor vehicle, unless the motor vehicle is stationary; or (b) in an area that is separated from the skate park by a road; or (c) at residential premises or on land at which residential premises are built or may lawfully be built. (3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing s. 5 -- 7 of 15 -- Part 2—Controls Relating to Tobacco Products Tobacco Amendment Act 2013 No. 66 of 2013 6 Authorised by the Chief Parliamentary Counsel his or her identity card, may direct the person to cease the contravention. (4) A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention. Penalty: 5 penalty units. (5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is at or within 10 metres of the skate park. (6) In this section— skate park means an area specifically designed and equipped with structures for rollerblading, rollerskating or skateboarding or the use of BMX or non-motorised scooters. 5RH No offence by minors at or in vicinity of outdoor skate park Despite anything to the contrary in section 5RG or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RG. 5RI No smoking at or in vicinity of outdoor sporting venue (1) A person must not smoke at or within 10 metres of a sporting venue that is an outdoor public place during— (a) an organised underage sporting event; or (b) a training or practice session to prepare for participation in an organised underage sporting event; or s. 5 -- 8 of 15 -- Part 2—Controls Relating to Tobacco Products Tobacco Amendment Act 2013 No. 66 of 2013 7 Authorised by the Chief Parliamentary Counsel (c) any break or interval during the course of the organised underage sporting event or training or practice session. Penalty: 5 penalty units. (2) Subsection (1) does not apply to a person— (a) in a motor vehicle, unless the motor vehicle is stationary; or (b) in an area that is separated from the sporting venue by a road; or (c) at residential premises or on land at which residential premises are built or may lawfully be built. (3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention. (4) A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention. Penalty: 5 penalty units. (5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is at or within 10 metres of the sporting venue. (6) In this section— organised underage sporting event means a sporting event that— (a) is planned in advance; and (b) is organised or intended for, or predominantly participated in by, persons under the age of 18 years; and s. 5 -- 9 of 15 -- Part 2—Controls Relating to Tobacco Products Tobacco Amendment Act 2013 No. 66 of 2013 8 Authorised by the Chief Parliamentary Counsel (c) is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and (d) may be a one-off event or part of a series of events; sporting event means a match, game, tournament or other event that involves the playing of, or participation in, sport; sporting venue includes, but is not limited to— (a) a playing field; (b) a track; (c) an arena; (d) a court or rink; (e) any permanently or temporarily erected public seating at the venue; (f) any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of competitors or officials; (g) any part of the venue used to conduct the actual organised underage sporting event. 5RJ No offence by minors at or in vicinity or outdoor sporting venue Despite anything to the contrary in section 5RI or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RI.". s. 5 -- 10 of 15 -- Part 2—Controls Relating to Tobacco Products Tobacco Amendment Act 2013 No. 66 of 2013 9 Authorised by the Chief Parliamentary Counsel 6 Certain advertising prohibited (1) In section 6(3)(ca) of the Principal Act, for "or displayed" substitute "in it and the form in which the notice is displayed". (2) In section 6(3)(cab) of the Principal Act, for "out or" substitute "out in it and the form in which". 7 Repeal of section 11 Section 11 of the Principal Act is repealed. 8 Amendment of Schedule In the Schedule to the Principal Act, after item 11B insert— "11C An offence against section 5RC(1) 1 penalty unit Not applicable 11D An offence against section 5RC(3) 1 penalty unit Not applicable 11E An offence against section 5RE(1) 1 penalty unit Not applicable 11F An offence against section 5RE(4) 1 penalty unit Not applicable 11G An offence against section 5RG(1) 1 penalty unit Not applicable 11H An offence against section 5RG(4) 1 penalty unit Not applicable 11I An offence against section 5RI(1) 1 penalty unit Not applicable 11J An offence against section 5RI(4) 1 penalty unit Not applicable". __________________ s. 6 -- 11 of 15 -- Part 3—Miscellaneous Amendments Tobacco Amendment Act 2013 No. 66 of 2013 10 Authorised by the Chief Parliamentary Counsel PART 3—MISCELLANEOUS AMENDMENTS 9 New section 15SA inserted After the heading to Part 2A of the Principal Act insert— "15SA Cessation of new certification as specialist tobacconist Despite anything to the contrary in this Part, a person may not make an application under section 15T on and from the commencement of this section.". 10 New section 36QA inserted After section 36Q of the Principal Act insert— "36QA Offence to intimidate, threaten or assault inspector A person must not, without reasonable excuse, intimidate, threaten or assault an inspector who is exercising a power under this Part. Penalty: 60 penalty units.". 11 Power to require names of persons supplied with tobacco For section 42A(3) of the Principal Act substitute— "(3) The Secretary must not give to any other person, whether directly or indirectly, any information acquired by the Secretary under this section except to the extent necessary— (a) to enable the Secretary to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or s. 9 -- 12 of 15 -- Part 3—Miscellaneous Amendments Tobacco Amendment Act 2013 No. 66 of 2013 11 Authorised by the Chief Parliamentary Counsel (b) to enable an inspector to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or (c) to enable the tobacco retailers identified by the information to be informed about their obligations under this Act, the regulations or another law of this State or of the Commonwealth in relation to the sale of tobacco products; or (d) to further the purpose or objects of the Act. Penalty: 60 penalty units.". 12 Regulations (1) Section 43(1)(a), (aa) and (b) of the Principal Act are repealed. (2) Section 43(4) of the Principal Act is repealed. __________________ s. 12 -- 13 of 15 -- Part 4—Repeal of Amending Act Tobacco Amendment Act 2013 No. 66 of 2013 12 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 13 Repeal of amending Act This Act is repealed on 1 October 2015. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 13 -- 14 of 15 -- Tobacco Amendment Act 2013 No. 66 of 2013 13 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 September 2013 Legislative Council: 17 October 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Tobacco Act 1987 to prohibit smoking in certain public outdoor areas, to restrict further the promotion and display of tobacco products, to make it an offence to threaten, assault or intimidate an inspector who is exercising a power under Part 3A of that Act and for other purposes." Endnotes -- 15 of 15 --