Public Health Amendment (Tobacco Licensing) Act 2000 (TAS)

Public Health Amendment (Tobacco Licensing) Act 2000

An Act to amend the Public Health Act 1997

[Royal Assent 16 June 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Public Health Amendment (Tobacco Licensing) Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Public Health Act 1997 is referred to as the Principal Act. 4Part 4, Division 3 substituted Division 3 of Part 4 of the Principal Act is repealed and the following Division is substituted: Division 3Tobacco seller's licence 74ALicence to sell tobacco and tobacco product A person must not sell tobacco or a tobacco product unless the person is the holder of a tobacco seller’s licence or is acting on behalf of the holder of such a licence.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and (b) for a subsequent offence, 100 penalty units. 74BApplication for tobacco seller's licence (1)  A person who is 18 years or older may apply to the Director for a licence to sell tobacco or a tobacco product. (2)  An application is to be – (a) in an approved form; and (b) accompanied by the prescribed fee. 74CGrant or refusal of licence (1)  The Director may – (a) grant an application for a tobacco seller’s licence subject to any conditions; or (b) refuse to grant the application. (2)  In determining an application, the Director is to – (a) consider whether the applicant is likely to comply with the Act and any relevant guidelines; and (b) be satisfied that the applicant is 18 years or older. (3)  The Director, by notice in writing served on the applicant, is to notify – (a) the granting of the application; or (b) the refusal to grant the application. (4)  A condition of a licence may require the holder of the licence to provide information to the Director in accordance with any relevant guidelines. 74DIssue of licence If the Director grants an application for a tobacco seller’s licence, the Director is to – (a) issue the licence in an approved form; and (b) endorse the licence with any conditions; and (c) specify on the licence – (i) the name and address of the holder of the licence; and (ii) the date of issue of the licence; and (iii) the addresses of all the premises to which the licence relates. 74EDuration of tobacco seller's licence A tobacco seller’s licence remains in force for whichever of the following periods is the lesser: (a) the period specified in the licence; (b) a period of 12 months from the date of issue of the licence. 74FRenewal of tobacco seller's licence (1)  The holder of a tobacco seller’s licence may apply to the Director to renew the licence. (2)  An application is to be – (a) in an approved form; and (b) accompanied by the prescribed fee. (3)  The Director may – (a) grant the application subject to any conditions; or (b) refuse to grant the application. (4)  The Director is to grant or refuse to grant an application within 40 days after it is lodged. (5)  The Director, by notice in writing served on the applicant, is to notify – (a) the granting of the application; or (b) the refusal to grant the application. (6)  If the Director fails to grant or refuse to grant the application within 40 days after it is lodged, the application is taken to be granted. (7)  This Division applies to the renewal of a tobacco seller’s licence as if it were the original application. 74GVariation of tobacco seller's licence (1)  The Director, on his or her own volition or on application, may vary a tobacco seller’s licence by adding, omitting, substituting or amending any condition of the licence. (2)  The Director, by notice in writing served on the holder of a tobacco seller’s licence, is to notify any variation of the licence. (3)  The variation of a tobacco seller’s licence takes effect – (a) if an appeal is not lodged under section 160A(1)(d) , 30 days after service of the notice; or (b) if an appeal is lodged under section 160A(1)(d) and a magistrate makes an order under section 167(1)(a) , on the day the order was made. 74HCancellation of tobacco seller's licence (1)  The Director may cancel a tobacco seller’s licence if the holder of the licence or a person acting on behalf of the holder – (a) fails to comply with a condition; or (b) fails to comply with any relevant guidelines or regulations; or (c) fails to comply with this Part; or (d) is convicted of an offence under this Part. (2)  The Director, by notice in writing served on the holder of a tobacco seller’s licence, is to notify the cancellation of the licence. (3)  The cancellation of a tobacco seller’s licence takes effect – (a) if an appeal is not lodged under section 160A(1)(e) , 14 days after service of the notice; or (b) if an appeal is lodged under section 160A(1)(e) and a magistrate makes an order under section 167(1)(a) , on the day the order was made. 74ISelling tobacco and tobacco products The holder of a tobacco seller’s licence must sell tobacco and tobacco products in accordance with – (a) any condition of the licence; and (b) any relevant guidelines or regulations; and (c) this Part.

Penalty:  Fine not exceeding 50 penalty units.

74JRegister of tobacco seller's licences (1)  The Director is to keep a register of tobacco seller’s licences. (2)  The register is to contain the following details: (a) the names and addresses of holders of tobacco seller’s licences; (b) the date of issue of those licences; (c) the addresses of the premises to which the licences relate. (3)  The register is to be made available for inspection during normal business hours at the request of any person. 74KNotification of additional premises (1)  The holder of a tobacco seller’s licence, by notice in writing, must notify the Director of the acquisition of any additional premises where the business of selling tobacco or tobacco product is being carried on within 60 days of that acquisition.

Penalty:  Fine not exceeding 10 penalty units.

(2)  On receipt of the notification, the Director is to – (a) issue an amended tobacco seller’s licence stating that acquisition; and (b) forward the amended licence to the holder. 74LOffences relating to tobacco seller's licence (1)  The holder of a tobacco seller’s licence or a person acting on behalf of the holder must not sell tobacco or a tobacco product from any premises other than those specified in the licence.

Penalty:  Fine not exceeding –

(a) for a first offence, 50 penalty units; and (b) for a subsequent offence, 100 penalty units. (2)  The holder of a tobacco seller’s licence must clearly display the licence, or a reasonable copy of the licence – (a) on all premises at which the holder sells tobacco or a tobacco product; and (b) at a point adjacent to where the tobacco or tobacco product is displayed for sale.

Penalty:  Fine not exceeding 10 penalty units.

5Section 160A insertedAfter section 160 of the Principal Act , the following section is inserted in Division 5: 160AAppeals relating to tobacco seller's licence (1)  A person may appeal to a magistrate against the Director’s decision to – (a) grant or refuse to grant an application for a tobacco seller’s licence; or (b) grant or refuse to grant an application for the renewal of that licence; or (c) impose any condition on that licence; or (d) vary that licence; or (e) cancel that licence. (2)  An appeal is to be made within 14 days after service of a notice under – (a) section 74C(3) ; or (b) section 74F(5) ; or (c) section 74G(2) ; or (d) section 74H(2) .

[Second reading presentation speech made in:

House of Assembly on 20 APRIL 2000

Legislative Council on 25 MAY 2000]