Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012 No. 71 of 2012 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 New sections 5RA and 5RB inserted 2 5RA No smoking at patrolled beaches 2 5RB No offence by minors at patrolled beaches 3 4 Infringements inserted 3 5 Repeal of amending Act 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012 † No. 71 of 2012 [Assented to 20 November 2012] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Tobacco Act 1987 to ban smoking between the flags at patrolled beaches and within a 50 metre radius of each of those flags. 2 Commencement This Act comes into operation on 1 December 2012. Victoria -- 2 of 5 -- Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012 No. 71 of 2012 2 Authorised by the Chief Parliamentary Counsel 3 New sections 5RA and 5RB inserted After section 5R of the Tobacco Act 1987 insert— "5RA No smoking at patrolled beaches (1) A person must not smoke within an area (on public land or in the sea) that is— (a) between red and yellow flags temporarily erected on behalf of Surf Life Saving Victoria or its affiliated surf life saving clubs marking the boundaries for safe swimming; or (b) within a 50 metre radius of a red and yellow flag referred to in paragraph (a). Penalty: 5 penalty units. (2) Subsection (1) does not apply in an area beyond— (a) the landward edge of a beach's sanded area if the beach is adjacent to the coast or a bay; or (b) the water's edge or the landward edge of a beach's sanded area if the beach is adjacent to a river. (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. s. 3 See: Act No. 81/1987. Reprint No. 7 as at 27 May 2010 and amending Act Nos 49/2009, 29/2010, 49/2010, 27/2011 and 58/2011. LawToday: www. legislation. vic.gov.au -- 3 of 5 -- Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012 No. 71 of 2012 3 Authorised by the Chief Parliamentary Counsel 5RB No offence by minors at patrolled beaches Despite anything to the contrary in section 5RA 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 5RA.". 4 Infringements inserted In the Schedule to the Tobacco Act 1987, after item 11 insert— "11A An offence against section 5RA(1) 1 penalty unit Not applicable 11B An offence against section 5RA(4) 1 penalty unit Not applicable". 5 Repeal of amending Act This Act is repealed on 1 December 2013. 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. 4 -- 4 of 5 -- Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012 No. 71 of 2012 4 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 11 October 2012 Legislative Council: 25 October 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Tobacco Act 1987 to ban smoking between the flags at patrolled beaches and within a 50 metre radius of each of those flags and for other purposes." Endnotes -- 5 of 5 --