Tobacco (Amendment) Regulations 2000 (Vic)

Tobacco (Amendment) Regulations 2000

S.R. No. 116/2000

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	New regulations 5A and 5B inserted	1

5A.	No smoking signs in controlled shopping centres	2
5B.	Acknowledgment of consent	2

4.	New Schedule 2A inserted	2
5.	New Schedule 3 substituted	3
6.	Amendment to Schedule 4	6

═══════════════

ENDNOTES 7

i

STATUTORY RULES 2000

S.R. No. 116/2000

Tobacco Act 1987

Tobacco (Amendment) Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 21 November 2000
Responsible Minister:

JOHN THWAITES Minister for Health

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The main objectives of these Regulations are—

(a)	to prescribe the form of "no smoking" signs to be displayed at controlled shopping centres;
(b)	to prescribe the acknowledgment of consent form for the purpose of section 36D(3) of the Tobacco Act 1987;
(c)	to substitute a new infringement notice in respect of offences under the Tobacco Act 1987.

2. Authorising provision

These Regulations are made under section 43 of the Tobacco Act 1987.

3. New regulations 5A and 5B inserted

Tobacco (Amendment) Regulations 2000

S.R. No. 116/2000

After regulation 5 of the Tobacco Regulations
19971 insert—

'5A. No smoking signs in controlled shopping

centres

For the purposes of section 15B of the Act, the no smoking sign to be displayed in prominent positions at entrances to a controlled shopping centre is in the prescribed form if—

(a)	it contains a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black; and
(b)	it contains the phrase "No Smoking" or "Smoking Prohibited"; and
(c)	it contains the phrases "Penalties Apply" and "Tobacco Act 1987"; and

(d) all lettering is printed in black.

5B. Acknowledgment of consent

For the purposes of section 36D(3) of the Act, the prescribed acknowledgment of consent by an occupier of premises to an entry and search of the premises and the seizure or taking of any thing during the search must be in the form of Schedule 2A.'.

4. New Schedule 2A inserted

After Schedule 2 to the Tobacco Regulations 1997 insert—

"SCHEDULE 2A
Tobacco (Amendment) Regulations 2000

r. 4 S.R. No. 116/2000

Regulation 5B

Tobacco Act 1987

(Section 36D)

ENTRY, SEARCH, SEIZURE AND TAKING

ACKNOWLEDGMENT OF CONSENT

Name of inspector Details of premises

Name of occupier

Address

Consent to entry and search

Purpose of entry and search:

Statement of occupier:

• The inspector has informed me of the purpose of the search.

• I have been informed that I may refuse consent to the entry and search of the premises.

• I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings.

• I consent to the entry and search of the premises.

Signature of occupier Date Time

Consent to seizure and taking

Items to be seized:
Statement of occupier:
I consent to the seizure and taking of any items listed.

Signature of occupier Date Time".

__________________

5. New Schedule 3 substituted

Tobacco (Amendment) Regulations 2000
S.R. No. 116/2000

For Schedule 3 to the Tobacco Regulations 1997 substitute—

"SCHEDULE 3

Regulation 6

Tobacco Act 1987

(Section 38)

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.   ! Smoking in a controlled shopping

centre 5C(1) $100

2.   ! Occupier of a part of a controlled

shopping centre is guilty of an offence	5D(1)	$100
if a person smokes in that part of the centre in contravention of section 5C

3.   ! Selling a tobacco product to a person

under the age of 18 years 12(1) $200

4.   ! Purchasing a tobacco product for the

use of a person under the age of

18 years	12(2)	$100
Section

Tobacco (Amendment) Regulations 2000

r. 5 S.R. No. 116/2000

Summary of infringement of Act Penalty

5.	! 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)	$200
6.	! 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

7.   ! 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

8.   ! Owner of a controlled shopping centre

who fails to display prescribed no
smoking signs in prominent positions
at entrances to the centre to reasonably
identify the centre as a no smoking

area 15B $100

9. ! Refusing or failing to comply with an inspector's request or falsely stating a name or address 36C(3) $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 Reform Act 1998; or
(b)	a bingo centre within the meaning of the Gaming No. 2 Act 1997 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.

Inspector
Note:

Tobacco (Amendment) Regulations 2000

S.R. No. 116/2000 r. 6

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 inspector.

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

6. Amendment to Schedule 4

In Schedule 4 to the Tobacco Regulations 1997 for "Authorised Officer" substitute "Inspector".

═══════════════

Tobacco (Amendment) Regulations 2000

Endnotes S.R. No. 116/2000

ENDNOTES

1 Reg. 3: S.R. No. 105/1997 as amended by S.R. No. 11/1998.