Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Act 2006 (SA)

South Australia

Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Act 2006

An Act to amend the Tobacco Products Regulation Act 1997.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Tobacco Products Regulation (Prohibited Tobacco Products) Amendment Act 2006.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Tobacco Products Regulation Act 1997

4—Insertion of section 34A

After section 34 insert:

34A—Prohibited tobacco products

1. (1)

   The Minister may, by notice in the Gazette, declare that a class of tobacco products specified in the notice are prohibited tobacco products.

2. (2)

   The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that—

   1. (a)

      the tobacco products, or the smoke of the products, possesses a distinctive fruity, sweet or confectionary-like character; and

   2. (b)

      the nature of the products, or the way they are advertised, might encourage young people to smoke.

3. (3)

   The Minister may, by further notice in the Gazette, vary or revoke a notice under this section.

4. (4)

   A person must not sell a prohibited tobacco product by retail.

Maximum penalty: $5 000.

Expiation fee: $315.