Tobacco Products Regulation (Smoking in Cars) Amendment Act 2007 (SA)

South Australia

Tobacco Products Regulation (Smoking in Cars) Amendment Act 2007

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 (Smoking in Cars) Amendment Act 2007.

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 48

After section 47 insert:

48—Smoking in motor vehicle if child present

1. (1)

   A person must not smoke in a motor vehicle if a child is also present in the motor vehicle.

Maximum penalty: $200.

Expiation fee: $75.

1. (2)

   In proceedings for an offence against this section an allegation in the complaint that a child was present in a motor vehicle at a specified time will be accepted as proved in the absence of proof to the contrary.

2. (3)

   In this section—

child means a person under 16 years of age;

motor vehicle has the same meaning as in the Motor Vehicles Act 1959