Tobacco (Further Amendment) Act 2001 (Vic)
Tobacco (Further Amendment) Act 2001
Act No. 28/2001
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—TOBACCO ACT 1987 3
3. Definitions 3 4. Repeal of provisions for declaring controlled shopping centres 4 5. Smokers' offences in retail shopping centres 4 6. Offences of occupiers of retail shopping centres 5 7. Tobacco advertisement not containing trademarks or brand names 5 8. Supply of non-tobacco products in connection with the sale of tobacco products 5 9. New section 13A inserted 6
13A. Mobile selling of tobacco products 6
10. Ban on selling unpackaged cigarettes 6 11. New section 15B substituted 6
15B. Retail shopping centres: no smoking signs 7 12. Prescribed signs relating to prohibition of sale of tobacco
products to minors 7 13.
Inspectors' identity cards 8 14.
Inspection of tobacco advertisements 8 15.
Proceedings 8 16.
Supreme Court—limitation of jurisdiction 8 17.
Infringements 9
PART 3—TOBACCO (AMENDMENT) ACT 2000 10
18. Commencement 10 19. Prohibition on advertising 10 20. Point of sale advertisements 11 21. No smoking signs in enclosed restaurants and cafes and dining areas 15
i
Section Page
22. New section 15C substituted 16
15C. Retail outlets: signage 16
═══════════════
ENDNOTES 17
ii
Victoria
No. 28 of 2001
Tobacco (Further Amendment) Act
2001†
[Assented to 12 June 2001]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The main purpose of this Act is to make various
amendments to the Tobacco Act 1987 and theTobacco (Amendment) Act 2000—
(a)
to regulate the advertisement and sale of tobacco products; and
Tobacco (Further Amendment) Act 2001
Act No. 28/2001 s. 2
(b)
to widen the ban on smoking in shopping centres; and
(c)
to increase inspectors' powers in relation to the inspection and measurement of tobacco advertisements.
2. Commencement
(1) This Part, section 16 and Part 3 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Section 8 comes into operation on 1 July 2001.
(3) Sections 7, 9, 10, 12, 15 and 17(2) come into
operation on 1 October 2001.
(4) Sections 3(2), 4, 5, 6 and 11 come into operation on 1 November 2001.
(5) The remaining provisions of this Act come into operation on 1 January 2002.
_______________
Tobacco (Further Amendment) Act 2001
| s. 3 | Act No. 28/2001 |
PART 2—TOBACCO ACT 1987
3. Definitions
See:
| Act No. | (1) In section 3 of the Tobacco Act 1987 insert the |
| 81/1987. | following definitions— |
| Reprint No. 3 | |
| as at | ' "angled stack" means packages stacked behind |
| 14 May 1998 | |
| and | each other from the point of view of the |
| amending | customer's side of the customer service area; |
| Act Nos | |
| 46/1998, | "on-airport duty free shop" has the same |
| 56/1998 and | |
| 43/2000. | meaning as in regulation 93 of the Customs |
| LawToday: | Regulations 1926 of the Commonwealth;'. |
| dpc.vic. | |
| gov.au | (2) In section 3 of the Tobacco Act 1987— |
(a) the definition of "controlled shopping centre" is repealed; (b) for the definition of "retail shopping centre" ' "retail shopping centre" means a cluster
of premises 5 or more of which are
retail premises and—
(a)
all of which have, or if leased would have, a common head landlord; or
(b)
each of which is on a lot on the same plan of subdivision and those lots are land affected by a body corporate within the meaning of the Subdivision Act 1988—
but does not include—
(c)
a building with more than one storey except in relation to each storey of the building on which is situated a cluster of premises in
Tobacco (Further Amendment) Act 2001
Act No. 28/2001 s. 4 respect of which paragraph (a) or
(b) applies; or
(d) any part of those premises—
(i) that is not used by the public, or a section of the public; or
(ii) that is an enclosed
restaurant or cafe; or(iii) licence or a club licence
within the meaning of thein respect of which a general Act 1998 is in force; or
(iv) that is a bingo centre within the meaning of the Gaming No. 2 Act 1997; or
(v) that is a road or road related area within the meaning of the Road Safety Act 1986;'.
4. Repeal of provisions for declaring controlled shopping centres
Section 3C of the Tobacco Act 1987 is repealed.
5. Smokers' offences in retail shopping centres
(1) In section 5C(1) of the Tobacco Act 1987, for "a controlled shopping centre" substitute "an enclosed area of a retail shopping centre".
(2) In section 5C(4) of the Tobacco Act 1987, for "controlled shopping centre" substitute "retail shopping centre".
Tobacco (Further Amendment) Act 2001
| s. 6 | Act No. 28/2001 |
6. Offences of occupiers of retail shopping centres For section 5D(1) of the Tobacco Act 1987 substitute—
"(1) If smoking occurs in any enclosed area of a
retail shopping centre, in contravention of
section 5C, the occupier of the area is guilty
of an offence and liable on conviction to a
fine not exceeding 5 penalty units.".
7. Tobacco advertisement not containing trademarks or brand names
In section 6(3)(d) of the Tobacco Act 1987, after "advertisement" insert "that is within a retail outlet (whether or not it is visible from a public place) and".
8. Supply of non-tobacco products in connection with the sale of tobacco products
(1) In section 7(1)(a) of the Tobacco Act 1987—
(a) for sub-paragraph (i) substitute— "(i) any non-tobacco product or other benefit (whether or not a separate charge is made for that product or benefit); or";
(b) in sub-paragraph (ii) for "a prize, gift" substitute "any non-tobacco product"; (c) in sub-paragraph (iii) for "a prize, gift," substitute "any non-tobacco product".
(2) In section 7 of the Tobacco Act 1987, after sub-
section (2) insert—
"(3) Sub-section (1) does not prohibit the sale of
non-tobacco products such as lighters,
matches, ashtrays or other items that are
necessary for, or ancillary to, the smoking of
tobacco products, unless the consideration
Tobacco (Further Amendment) Act 2001
s. 9
s. 11
Act No. 28/2001
for the sale of those non-tobacco products is
less than it would have been had they not
been sold in connection with the sale oftobacco products.".
9. New section 13A inserted
After section 13 of the Tobacco Act 1987 insert—
'13A. Mobile selling of tobacco products
(1) A person must not, in the course of carrying
on a business or in the course of his or her
employment, sell any tobacco product that is
carried about on his or her person.
Penalty: For a first offence: 10 penalty
units.
For a second or subsequent
offence: 100 penalty units.(2) A person must not authorise another
("the seller") to sell any tobacco product that is carried about on the seller's person.
Penalty: For a first offence: 10 penalty
units.
For a second or subsequent
offence: 100 penalty units.(3) A reference in this section to a tobacco
product carried about on a person includes a
reference to a tobacco product that is
intended to be sold from a tray, bag or other
container whether or not it is being carried
about on the person at the time of sale.'.
10. Ban on selling unpackaged cigarettes
In section 14 of the Tobacco Act 1987, for "in a package containing less than" substitute "unless the cigarettes are in a package containing at least".
11. New section 15B substituted
Tobacco (Further Amendment) Act 2001
Act No. 28/2001
For section 15B of the Tobacco Act 1987 substitute—
'15B. Retail shopping centres: no smoking signs
(1) The owner of a retail shopping centre or, ifthere is more than one owner, each owner must cause no smoking signs that comply with sub-section (2) to be displayed in such
prominent positions at entrances to any
enclosed areas of the centre as would
reasonably identify those areas of the centre
as no smoking areas for persons entering
them.
Penalty:5 penalty units in the case of a
natural person.
10 penalty units in any other case.(2) A sign referred to in sub-section (1) must
comply with any prescribed requirements as
to size and the information contained in it.
(3) In this section—
"owner" includes a person who is, or is
entitled to be registered under the proprietor of an estate in fee simple in the land, or any part of the land, on which the retail shopping centre is situated.'.
12. Prescribed signs relating to prohibition of sale of tobacco products to minors
In section 15C of the Tobacco Act 1987, after
sub-section (2) insert—"(3) The occupier of premises on which a tobacco
retailing business is carried on must cause to
be displayed on those premises in
accordance with the regulations a prescribed
Tobacco (Further Amendment) Act 2001
s. 13
s. 16
Act No. 28/2001
sign relating to the prohibition of the sale of tobacco products to persons under the age of 18 years.
Penalty: 10 penalty units.".
13. Inspectors' identity cards
In section 36B(2) of the Tobacco Act 1987 for
"section 36E" substitute "section 36E(1)".
14. Inspection of tobacco advertisements
At the end of section 36E of the Tobacco Act
1987 insert—"(2) After entering premises under sub-section
(1), an inspector may inspect and measure
any tobacco advertisement that is visible
from the customer's side of the customer
service area, whether or not the
advertisement is in a part of the premisesopen to the public.".
15. Proceedings
(1) In section 39(2) of the Tobacco Act 1987 omit
"6 or".
(2) In section 39 of the Tobacco Act 1987, after sub-
section (2) insert—
"(3) The amendment of sub-section (2) made by
section 15(1) of the Tobacco (Further under section 6 irrespective of when the offence is alleged to have been committed.".
16. Supreme Court—limitation of jurisdiction
Tobacco (Further Amendment) Act 2001
Act No. 28/2001
At the end of section 42B of the Tobacco Act
1987 insert—
"(2) It is the intention of section 42, as it haseffect immediately after the commencement of each of the amendments made to this Act by the Tobacco (Further Amendment) Act 2001, to alter or vary section 85 of the
Constitution Act 1975.".
17. Infringements
(1) In the Schedule to the Tobacco Act 1987, after item 4 insert—
"4A. An offence against 1 penalty unit". section 6(2B)
(2) In the Schedule to the Tobacco Act 1987, after item 8 insert—
"8A. An offence against 1 penalty unit section 13A
8B. An offence against 1 penalty unit". section 14
_______________
Tobacco (Further Amendment) Act 2001
Act No. 28/2001 s. 18
PART 3—TOBACCO (AMENDMENT) ACT 2000
18. Commencement
See:
(1) In section 2(2) of the Tobacco (Amendment) Act Act No.
2000, for "sub-section (3)" substitute "sub- 43/2000.
Statute Book:sections (3) and (4)".
dpc.vic.
(2) In section 2 of the Tobacco (Amendment) Act gov.au 2000, for sub-section (3) substitute—
"(3) Sections 7(1) and 13(1) and (3) come into
operation on 1 July 2001.
(4) Sections 8, 9, 10 and 16(1)(b) come into operation on 1 January 2002.".
19. Prohibition on advertising
(1) In section 8(1) of the Tobacco (Amendment) Act
2000, after proposed sub-section (2A) insert—
"(2B) A person must not, in the course of carrying
on a tobacco retailing business or tobacco
wholesaling business, display tobacco
products at a retail outlet or wholesale outlet
other than at a point of sale.
Penalty: For a first offence: 10 penalty
units.
For a second or subsequent
offence: 100 penalty units.(2C) Sub-section (2B) does not apply to—
(a)
the display of cigars in an operating humidor; or
(b)
the display of cartons at an on-airport duty free shop.".
(2) In section 8(2) of the Tobacco (Amendment) Act
2000, paragraph (b) is repealed.
Tobacco (Further Amendment) Act 2001
| s. 20 | Act No. 28/2001 |
(3) In section 8(3) of the Tobacco (Amendment) Act
2000—
(a) for proposed paragraphs (c) and (ca) "(c) a tobacco advertisement (other than a
display of a tobacco product carried about on a person) at a point of sale inside a retail outlet or wholesale outlet
that is in accordance with section 6A;
or
(ca) one notice about tobacco products at one or more points of sale at a retail outlet or wholesale outlet that complies
with the prescribed requirements as to
size, information contained in it and the
manner in which the information is setout or displayed; or";
(b)
in proposed paragraph (cb), for "set out;" substitute "set out or displayed; or";
(c)
after proposed paragraph (cb) insert— "(cc) tickets or labels on, or adjacent to,
representations of immediate packages
of tobacco products in vending
machines displaying retail prices, being
tickets or labels that comply with the
prescribed requirements as to size,
information contained in them and the
manner in which the information is setout or displayed; or".
20. Point of sale advertisements
(1) In section 9 of the Tobacco (Amendment) Act
2000, for sub-sections (1) and (2) of proposed
section 6A substitute—"(1) A tobacco advertisement at one point of sale
at a retail outlet or at any point of sale at a
Tobacco (Further Amendment) Act 2001
Act No. 28/2001 s. 20 wholesale outlet may advertise a product line
of a tobacco product in one only of thefollowing ways—
(a)
by the display of a single immediate package of the product line in the form in which the package is available for sale at that point of sale (including the display of an immediate package if only cartons are available for sale);
(b)
by means of a stack dispenser for immediate packages of the product line in the form in which the packages are available for sale at that point of sale if—
(i) in the case of an angled stack, the (A) any part of the single
package at the front of the
stack; and(B) any part (other than the face)
of the other packages in the
stack; and
(C) those parts of the faces of the
other packages that bear the
warning message required by
the Trade Practices
(Consumer Product
Information Standards)
(Tobacco) Regulations 1994
of the Commonwealth; and
(ii) in the case of packages stacked on top of each other, the most that is displayed is any part of the
package on the top of the stack
Tobacco (Further Amendment) Act 2001
| s. 20 | Act No. 28/2001 |
and any part of the package on the
bottom of the stack;
(c) if the point of sale is a vending machine, by a single representation of an immediate package of the product line in the form in which the package is available, or usually available, for sale at that point of sale no larger than the actual size of the package, with the same appearance as the package; (d) in the case of a product line of cigars, by the display of either or both of the following— (i) up to 13 cigars of the product line in an open box, or in any other manner;
(ii) a single closed box full of the product line in the form in which the box is available for sale at that point of sale.
(2) A tobacco advertisement at any other point
of sale at a retail outlet may advertise a
product line of a tobacco product by means
of a stack dispenser for immediate packages
of the product line in the form in which the
packages are available at that point of sale
if—
(a) in the case of an angled stack, the most that is displayed is— (i) any part (other than the face) of any package in the stack; and
(ii) packages that bear the warning
those parts of the faces of the Practices (Consumer Product
Tobacco (Further Amendment) Act 2001
Act No. 28/2001 s. 20 Information Standards) (Tobacco)
Regulations 1994 of theCommonwealth; and
(b) in the case of packages stacked on top of each other, the most that is displayed is any part of the package on the top of the stack (but not including the face or the top of that package as stacked or the side or end of that package directly facing the customer) and any part of the package on the bottom of the stack (but not including the face or the bottom of that package as stacked or the side or end of that package directly facing the customer).".
(2) In section 9 of the Tobacco (Amendment) Act 2000, in proposed section 6A, after sub-section (4) insert—
"(5) Despite sub-section (4), a product line at a point of sale at a retail outlet that is an on- airport duty free shop may be displayed in such a way that—
(a) one carton of the product line is visible; or (b) in the case of cartons of the same size as each other, the cartons are stacked directly behind each other, and the most that is visible is—
(i) any part of the carton at the front of the stack; and
(ii) any end or the top (or both) of the next carton in the stack; or
(c)
in the case of cartons of different sizes, the most that is visible is—
Tobacco (Further Amendment) Act 2001
| s. 21 | Act No. 28/2001 |
(i) one carton of one size; and
(ii) any end or the top (or both) of one other carton of that size; and
(iii) the smallest side (or one of the smallest sides) of one carton of any other size.".
(3) In section 9 of the Tobacco (Amendment) Act
2000, in proposed section 6A, in sub-section (5),
for "(5)" substitute "(6)".
(4) In section 9 of the Tobacco (Amendment) Act
2000, in proposed section 6A, for sub-section (6)
substitute—"(7) The area of display of tobacco products that
constitute a tobacco advertisement referred
to in sub-section (1) at a retail outlet must
not exceed the prescribed area.".
(5) In section 9 of the Tobacco (Amendment) Act 2000, in proposed section 6A, in sub-section (7) for "(7)" substitute "(8)".
21. No smoking signs in enclosed restaurants and cafes and dining areas
(1) In section 13(1) of the Tobacco (Amendment) Act 2000, in proposed section 15A—
(a) before "If" insert "(1)";
(b)
for "the prescribed no smoking signs" substitute "no smoking signs that comply with sub-section (2)".
(2) In section 13(1) of the Tobacco (Amendment)
Act 2000, at the end of proposed section 15A insert—
Tobacco (Further Amendment) Act 2001
Act No. 28/2001 s. 22 "(2) A sign referred to in sub-section (1) must
comply with any prescribed requirements as to size and the information contained in it.".
22. New section 15C substituted
In section 13(3) of the Tobacco (Amendment)
Act 2000 for proposed section 15C substitute—
"15C. Retail outlets: signage
(1) The occupier of premises on which a tobacco retailing business is carried on must cause to be displayed on those premises in
accordance with the regulations—
(a) a health warning sign; or
(b)
a sign relating to programs assisting in the cessation of smoking.
Penalty: 10 penalty units.
(2) A sign referred to in sub-section (1) must
comply with any prescribed requirements as
to size, information contained in it (including
where people may obtain more information)
and the manner in which the information is
set out or displayed.".
═══════════════
Tobacco (Further Amendment) Act 2001
| Endnotes | Act No. 28/2001 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 5 April 2001
Legislative Council: 22 May 2001
The long title for the Bill for this Act was "to make various amendments to the Tobacco Act 1987 and the Tobacco (Amendment) Act 2000 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 5 April 2001
Legislative Council: 22 May 2001
Absolute majorities:
Legislative Assembly: 17 May 2001
Legislative Council: 6 June 2001
0
0
0