Tobacco (Amendment) Regulations 1998 (Vic)

Tobacco (Amendment) Regulations 1998

S.R. No. 11/1998

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Effect of summary in Schedule 3	1
4.	Substitution of Schedule 3	2
5.	Amendment to Schedule 4	4

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NOTES 5

i

STATUTORY RULES 1998

S.R. No. 11/1998

Tobacco Act 1997

Tobacco (Amendment) Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 10 February 1998

Responsible Minister:

ROB KNOWLES

Minister for Health

SHARNE BRYAN

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to make further provision for infringement notices under the Tobacco Act 1987.

2. Authorising provisions

These Regulations are made under sections 38 and

43 of the Tobacco Act 1987.

3. Effect of summary in Schedule 3

At the end of regulation 6 of the Tobacco
Regulations 19971 insert—
"(2) A summary of an infringement in the table in

Schedule 3 is not to be taken to affect the nature or elements of the infringement to which the summary refers or of the offence

to which the infringement relates or the
operation of these Regulations.".

Tobacco (Amendment) Regulations 1998

r. 4 S.R. No. 11/1998

4. Substitution of Schedule 3

For Schedule 3 to the Tobacco Regulations 1997 substitute—

"SCHEDULE 3

Regulation 6

Tobacco Act 1987

(Section 38)

Tobacco Regulations 1987

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)—

Section

Summary of infringement of Act Penalty

1.	!	Selling a tobacco product to a person
under the age of 18 years 12(1) $100
2.	!	Purchasing a tobacco product for the
use of a person under the age of 18
years 12(2) $100
3.	!	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) $100

Tobacco (Amendment) Regulations 1998

S.R. No. 11/1998 r. 4

Section

Summary of infringement of Act Penalty

4. ! 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

5.	!	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

* 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 Act 1987; or
(b)	a bingo centre within the meaning of section 6FB of the Lotteries Gaming and Betting Act 1966 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.

Authorised Officer
Note:

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 authorised officer.

If you wish to have this matter dealt with by a court, you need to take no action on this notice.".

Tobacco (Amendment) Regulations 1998

r. 5 S.R. No. 11/1998

5. Amendment to Schedule 4

In Schedule 4 to the Tobacco Regulations 1997 for "Regulation 6" substitute "Regulation 7".

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Tobacco (Amendment) Regulations 1998

S.R. No. 11/1998 Notes

NOTES

1 S.R. No. 105/1997.