Tobacco (Amendment) Regulations 2001 (Vic)
Tobacco (Amendment) Regulations 2001
S.R. No. 55/2001
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Substitution of regulation 1 2
1. Objective 2
6. New regulations 4A, 4B and 4C inserted 2
4A. Point of sale notices about tobacco products 2 4B. Price tickets or labels 4 4C. Retail display area 6
7. New regulation 5AA inserted 6
5AA. No smoking signs in enclosed restaurants and cafes and
in dining areas 7
8. Substitution of regulation 5A 7
5A. No smoking signs in retail shopping centres 8
9. New regulation 5AB inserted 8
5AB. Retail outlet warning and cessation of smoking signage 8
10. New regulation 5AC inserted 10
5AC. Retail outlet prohibition of sale of tobacco to minors
sign 10
11. Amendment to Schedule 2 11 12. New Schedule 2AA inserted 11 SCHEDULE 2AA 11 13. Substitution of Schedule 3 12 SCHEDULE 3 12 14. Future amendments to Schedule 3 15
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ENDNOTES 17
i
STATUTORY RULES 2001
S.R. No. 55/2001
Tobacco Act 1987
Tobacco (Amendment) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 19 June 2001
Responsible Minister:JOHN THWAITES Minister for Health
HELEN DOYE
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Tobacco Regulations 1997 to—
(a) update the objective of those regulations;
(b) prescribe requirements in relation to certain matters that are authorised to be prescribed by the Tobacco (Amendment) Act 2000; (c) prescribe requirements in relation to certain matters that are authorised to be prescribed by the Tobacco (Further Amendment) Act 2001;
(d) infringement notice prescribed in Schedule 3
replace (and subsequently amend) the accords with the Schedule to the Tobacco Act 1987 as amended by the Acts referred to in paragraphs (b) and (c).
Tobacco (Amendment) Regulations 2001
S.R. No. 55/2001 r. 2
2. Authorising provision
These Regulations are made under section 43 of the Tobacco Act 1987.
3. Commencement
(1) These Regulations, except regulations 6, 8, 10, 12
and 14, come into operation on 1 July 2001.
(2) Regulations 10, 12 and 14(3) come into operation
on 1 October 2001.
(3) Regulations 8 and 14(1) come into operation on
1 November 2001.
(4) Regulations 6 and 14(2) come into operation on
1 January 2002.
4. Principal Regulations
In these Regulations, the Tobacco Regulations
19971 are called the Principal Regulations.
5. Substitution of regulation 1
For regulation 1 of the Principal Regulations
substitute—
"1. ObjectiveThe objective of these Regulations is generally to prescribe matters required or permitted by the Tobacco Act 1987 to be prescribed or necessary to be prescribed to give effect to that Act.".
6. New regulations 4A, 4B and 4C inserted
After regulation 4 of the Principal Regulations
insert
"4A. Point of sale notices about tobacco products
For the purposes of section 6(3)(ca) of the
Act, the prescribed requirements as to—
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(a) the size of a notice is that the notice is 1·5 metres;
(b) the information to be contained in a notice is that the notice may contain any one or more of the following— (i) the product lines usually available for sale;
(ii) the product flavours;
(iii) the pack numbers;(iv) the product prices, including any discount price information;
(c)
the manner in which the information in a notice is set out or displayed is that the information—
(i) with a width not greater than
contains only lettering or numbers greater than 2·1 centimetres; and
(ii) contains letters or numbers printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and
(iii) information in price tickets or
is not more distinctive than the and
(iv) if price information, is printed or written on only one side of the notice; and
(v) highlighted by any artificial
if price information, is not throughout the premises.
Tobacco (Amendment) Regulations 2001
S.R. No. 55/2001 r. 6 4B. Price tickets or labels
(1) For the purposes of section 6(3)(cb) of the
Act, the prescribed requirements as to—
(a)
the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest immediate package of the tobacco product on display;
(b)
the information to be contained in a price ticket or label is that the price ticket or label may contain the price,
including any discount price
information, of the product line and any
one or more of the following—(i) the name of the product line;
(ii) the strength of the product line;
(iii)
the flavour and the number of items contained in the product line;
(iv)
the average weekly sales of the product line;
(v) any identifying category
information related to the product
line;(vi)
a bar code or a similar identifying code of the product line;
(vii)
the country of origin of the product line, including any symbol representing the country
of origin;
(c)
the manner in which the information in a price ticket or label is set out or displayed is that the information—
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|
is printed or written in black or fluorescent; and
(iii) is not more distinctive than price tickets or labels used in relation to other goods within the premises; and
(iv) is not set out or displayed in such a way that the information, taken together with the information in
one or more other price tickets or
labels, forms an image or has a
visual effect; and(v) is not highlighted by any artificial throughout the premises.
(2) For the purposes of section 6(3)(cc) of the
Act, the prescribed requirements as to—
(a)
the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest representation of an immediate package of the tobacco product on display;
(b)
the information to be contained in a price ticket or label is that the price ticket or label may contain the price,
including any discount price
information, of the product line and any
one or more of the following—(i) the name of the product line;
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S. R. No. 55/2001
(ii) the strength of the product line;
(iii)
the flavour and the number of items contained in the product line;
(iv)
a bar code or a similar identifying code of the product line;
(v)
the country of origin of the product line, including any symbol representing the country
of origin;
(c) the manner in which the information in a price ticket or label is set out is that the information— (i) has a letter or number width not greater than one centimetre and a letter or number height not greater than 2·1 centimetres; and
(ii) white or in not more than
is printed or written in black or fluorescent; and
(iii) is not set out or displayed in such a way that the information, taken together with the information in
one or more other price tickets or
labels, forms an image or has a
visual effect.
4C. Retail display area
For the purposes of section 6A(7) of the Act the prescribed area of display is 4 square metres.".
7. New regulation 5AA inserted
After regulation 5 of the Principal Regulations insert—
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'5AA. No smoking signs in enclosed restaurants
and cafes and in dining areas
(1) For the purposes of section 15A of the Act,
the prescribed requirements for the no
smoking signs to be displayed within an
enclosed restaurant or cafe or a dining area
are—
(a) that the signs contain—
(i) a no smoking symbol in the form of a circle and diagonal line printed over a depiction of a cigarette and smoke and the outer diameter of that symbol is at least 70 millimetres; and
(ii) "Smoking Prohibited" in letters
the phrase "No Smoking" or height; and
(iii) the statement "It is an offence to smoke in an enclosed restaurant or cafe or in a dining area"; and
(b) that the signs are displayed in such manner as to ensure that a person is reasonably likely to see one or more of them either on entering the enclosed
restaurant or cafe or the dining area or
from within the enclosed restaurant or
cafe or the dining area.(2) Nothing in sub-regulation (1) prohibits the use of signs, in addition to those referred to in sub-regulation (1), that convey by way of graphics, pictures, symbols or text a no
smoking message.'.
8. Substitution of regulation 5A
Tobacco (Amendment) Regulations 2001
S.R. No. 55/2001 r. 8 For regulation 5A of the Principal Regulations
substitute—
'5A. No smoking signs in retail shopping centresFor the purposes of section 15B of the Act, the prescribed requirements for the no smoking signs to be displayed in prominent positions at entrances to enclosed areas of a retail shopping centre are—
(a) that the signs contain—
(i) 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
(ii) the phrase "No Smoking" or "Smoking Prohibited"; and
(iii) the phrases "Penalties Apply" and "Tobacco Act 1987"; and
(b) that the signs must be a minimum A4 in 297 millimetres in height); and
(c)
that all lettering on the sign is printed in black.'.
9. New regulation 5AB inserted
After regulation 5A of the Principal Regulations insert—
'5AB. Retail outlet warning and cessation of
smoking signage
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(1) For the purposes of section 15C(1)(a) and (2)
of the Act, the prescribed requirements for a
health warning sign are that—
(a) the sign must be a minimum A3 in size (297 millimetres by 420 millimetres or 420 millimetres by 297 millimetres); and
(b) the sign must contain the statement "Smoking can kill you. Call the Quit line on 131 848" printed or written— (i) in black on a white background; and
(ii) lettering that can be
accommodated within thein the maximum proportionate and
(c) the sign must be displayed in a manner that ensures that it is clearly visible— (i) at an entrance to the premises; or (ii) at a point of sale on the premises.
(2) For the purposes of section 15C(1)(b) and (2) of the Act, the prescribed requirements for a sign relating to programs assisting in the cessation of smoking are that—
(a) the sign must be a minimum A3 in size (297 millimetres by 420 millimetres or 420 millimetres by 297 millimetres); and
(b)
the sign must contain the statement "Want to Quit smoking? Call the Quit line on 131 848" or "Need help
to Quit smoking? Call the Quit line
on 131 848" printed or written—
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S. R. No. 55/2001
(i) in black on a white background; and (ii) lettering that can be
accommodated within thein the maximum proportionate and
(c)
the sign must be displayed in a manner that ensures that it is clearly visible—
(i) at an entrance to the premises; or
(ii) at a point of sale on the premises.'.
10. New regulation 5AC inserted
After regulation 5AB of the Principal Regulations insert—
"5AC. Retail outlet prohibition of sale of tobacco
to minors sign
(1) For the purposes of section 15C(3) of the
Act, the prescribed sign relating to the prohibition of the sale of tobacco products to persons under the age of 18 years is the sign set out in Schedule 2AA.
(2) The prescribed sign must be—
(a) printed with a blue background and white lettering; and (b) a minimum A4 in size (210 millimetres in width and 297 millimetres in height); and (c) displayed in a manner that ensures that it is clearly visible— (i) at an entrance to the premises; or (ii) at a point of sale on the premises.
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(3) Nothing in this regulation prohibits the use of a sign, in addition to the prescribed sign, that conveys by way of graphics, pictures,
symbols or text a message about the
prohibition of the sale of tobacco products topersons under the age of 18 years.".
11. Amendment to Schedule 2
In Schedule 2 to the Principal Regulations, for
"Regulation 4" substitute "Regulation 5".
12. New Schedule 2AA inserted
After Schedule 2 to the Principal Regulations insert—
"SCHEDULE 2AA
Regulation 5AC
PROHIBITION OF THE SALE OF TOBACCO
PRODUCTS TO MINORS SIGN
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S.R. No. 55/2001 r. 13
".
13. Substitution of Schedule 3
For Schedule 3 to the Principal Regulations substitute—
"SCHEDULE 3
Regulation 6
Tobacco Act 1987—section 38
Tobacco Regulations 1997
TOBACCO INFRINGEMENT NOTICE No.
Date of Notice
(insert date)
Notice to of
(insert name) (insert address)
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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 by a person in an enclosed
restaurant or cafe or in a dining area 5A(1) $100
2. ! Occupier is guilty of an offence if a person smokes in contravention of section 5A 5B(1) $100 3. ! Smoking in a controlled shopping
centre 5C(1) $100 4. ! Occupier of a part of a controlled
shopping centre is guilty of an offence
if a person smokes in that part of the
centre in contravention of section 5C 5D(1) $100 Section Summary of infringement of Act Penalty 5. ! Selling a tobacco product to a person
under the age of 18 years 12(1) $200 6. ! Purchasing a tobacco product for the
use of a person under the age of
18 years 12(2) $100
7.
! 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
8. ! 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 Tobacco (Amendment) Regulations 2001
S.R. No. 55/2001 r. 13
9. ! 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 10. ! Owner of an enclosed restaurant or
cafe or a dining area who fails, without
reasonable excuse, to display no
smoking signs in accordance with the
regulations 15A $100 11. ! Owner of a controlled shopping centre who fails to display no smoking signs in prominent positions at entrances to the centre to reasonably identify the
centre as a no smoking area 15B $100 Section
Summary of infringement of Act Penalty 12. ! Occupier of premises of a tobacco
retailing business who fails to display
in accordance with the regulations a health warning sign or a sign relating to cessation of smoking programs 15C(1) $100 13. ! A person who refuses or falsely
responds to an inspector's request for
the person's 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
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(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: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 inspector 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.".
14. Future amendments to Schedule 3
(1) In Schedule 3 to the Principal Regulations—
(a)
in item 3, for "a controlled shopping centre" substitute "an enclosed area of a retail shopping centre";
(b) in item 4—
(i) for "a part of a controlled shopping centre" substitute "an enclosed area of a retail shopping centre";
(ii) for "that part of the centre" substitute "that area";
(c) in item 11—
(i) for "a controlled shopping centre" substitute "a retail shopping centre";
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r. 14S.R. No. 55/2001
(ii) for "the centre" (where first occurring) substitute "any enclosed area of the centre";
(iii) for "the centre" (where secondly occurring) substitute "that area".
(2) In Schedule 3 to the Principal Regulations, after
item 4 insert—
"4A. ! Advertising a tobacco product at a retail or wholesale outlet not in
accordance with section 6A 6(2A) $100
4B. ! Display of tobacco products at a retail or wholesale outlet other than at a
point of sale 6(2B) $100". (3) In Schedule 3 to the Principal Regulations—
(a) after item 9 insert—
"9A.
! Person selling any tobacco product that is carried about on the seller's person
13A
$100
9B. ! Person selling cigarettes other than in a packet containing at least
20 cigarettes 14 $100"; (b) after item 12 insert—
"12A. ! Occupier of premises of a tobacco retailing business who fails to display in accordance with the regulations a prescribed sign relating to the prohibition of the sale of tobacco
products to minors 15C(3) $100".
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Tobacco (Amendment) Regulations 2001
| Endnotes | S. | R. No. 55/2001 |
| ENDNOTES |
1 Reg. 4: S.R. No. 105/1997. Amended by S.R. Nos 11/1998 and 116/2000.
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