Tobacco (Vending Machine Ban) Amendment Act 2004 (ACT)

Case

Tobacco (Vending Machine Ban) Amendment Act 2004

A2004-49

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

Part 2Tobacco Act 1927

  1. Legislation amended—pt 2  3

  2. New section 2B  3

  3. Location of display Section 12  (1) (b) and (2) (b) (ii)  3

  4. Supply of smoking product to under 18 year olds


    Section 14 (3) and (4)  3

  5. Section 14  4

  6. Section 16  4

  7. Health warnings at point of sale displays


    Section 22  4

  8. Prohibited smoking advertising


    Section 23 (6), definition of personal use advertisement, paragraph (b)    5

  9. Meaning of tobacco retailing Section 44 (3)  5

  10. New section 49A  5

  11. New section 49B  5

  12. Refusal to grant or renew tobacco licence


    Section 50 (1) (a) and (b)  6

  13. Section 50 (1)  6

  14. Disciplinary action—general


    Section 56 (1)  6

  15. Section 56 (2) (a)  6

  16. Section 56 (2) (b) (i) and (ii)  6

  17. Section 56 (2)  6

  18. Section 56 (4) (b) and (c)  7

  19. Section 56 (5)  7

  20. Section 58  7

  21. Tobacco retailing—offences


    Section 63 (2)  7

  22. Section 63 (3)  7

  23. Licence particulars to be displayed


    Section 64 (3), (4) and (5)  7

  24. Review of decisions


    Section 68 (d)  7

  25. Section 68  7

  26. Dictionary, definition of point of sale  8

  27. Dictionary, definition of vending machine  8

Part 3Tobacco Regulations 1991

  1. Legislation amended—pt 3  9

  2. Part 2  9

  3. Application—Act, s 22


    Regulation 3  9

  4. Regulations—renumbering  9

Tobacco (Vending Machine Ban) Amendment Act 2004

A2004-49

An Act to amend the Tobacco Act 1927, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Tobacco (Vending Machine Ban) Amendment Act 2004.

  2. Commencement

    (1)Section 14 commences on the day after this Act’s notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)The remaining provisions commence on 1 September 2006.

  3. Legislation amended

    This Act amends the Tobacco Act 1927.

    NoteThis Act also amends the Tobacco Regulations 1991 (see pt 3)

Part 2Tobacco Act 1927

  1. Legislation amended—pt 2

    This part amends the Tobacco Act 1927.

  2. New section 2B

    insert

2BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to an offence committed by a person against s 16 (Prohibition on sale of smoking products by vending machine) of this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

  1. Location of display
    Section 12  (1) (b) and (2) (b) (ii)

    omit

    except in the case of a vending machine from which smoking products are sold—

  2. Supply of smoking product to under 18 year olds
    Section 14 (3) and (4)

    omit

  3. Section 14

    renumber subsections when Act next republished under Legislation Act

  4. Section 16

    substitute

  5. Prohibition on sale of smoking products by vending machine

    (1)A person commits an offence if—

    (a)the person places a vending machine on premises; and

    (b)the vending machine is used, or is available for use, by members of the public.

    Maximum penalty: 50 penalty units.

    (2)A person commits an offence if—

    (a)the person occupies premises where there is a vending machine; and

    (b)the vending machine is used, or is available for use, by members of the public.

    Maximum penalty: 50 penalty units.

  6. Health warnings at point of sale displays
    Section 22

    omit

    (other than a vending machine)

  7. Prohibited smoking advertising
    Section 23 (6), definition of personal use advertisement, paragraph (b)

    omit

    (including management of a retail outlet where a vending machine is used for the sale of smoking products)

  8. Meaning of tobacco retailing
    Section 44 (3)

    omit

  9. New section 49A

    insert

49ANo vending machines authorised

The registrar must not grant, renew or revive a tobacco licence that would authorise the use of a vending machine for the sale of tobacco products.

  1. New section 49B

    insert

49B2005/2006 licences—no vending machines authorised

(1)The registrar must not grant, renew or revive a tobacco licence that would authorise the use of a vending machine for the sale of tobacco products if the use would be authorised on or after 1 September 2006.

(2)This provision expires on 1 September 2006.

  1. Refusal to grant or renew tobacco licence
    Section 50 (1) (a) and (b)

    substitute

    (a)if the applicant holds another licence—the licence applied for would authorise the sale of smoking products at premises while, under a variation of the other licence under


    section 56 (2) (b), the sale of smoking products at the premises has been prohibited.

  2. Section 50 (1)

    renumber paragraphs when Act next republished under Legislation Act

  3. Disciplinary action—general
    Section 56 (1)

    substitute

    (1)This section applies if the registrar has reasonable grounds for believing that a person who is a licensee has contravened this Act or a condition of the licence.

  4. Section 56 (2) (a)

    omit

  5. Section 56 (2) (b) (i) and (ii)

    omit

    , the use of vending machines for the sale of smoking products

  6. Section 56 (2)

    renumber paragraphs when Act next republished under Legislation Act

  7. Section 56 (4) (b) and (c)

    substitute

    (b)disqualify the person from holding a tobacco licence for 5 years after the notice is given to the person.

  8. Section 56 (5)

    omit

  9. Section 58

    omit

  10. Tobacco retailing—offences
    Section 63 (2)

    omit

  11. Section 63 (3)

    renumber as section 63 (2)

  12. Licence particulars to be displayed
    Section 64 (3), (4) and (5)

    omit

  13. Review of decisions
    Section 68 (d)

    omit

  14. Section 68

    renumber paragraphs when Act next republished under Legislation Act

  15. Dictionary, definition of point of sale

    substitute

    point of sale means a place, identified in accordance with the regulations (if any), where smoking products are sold within a retail outlet or wholesale outlet.

  16. Dictionary, definition of vending machine

    substitute

    vending machine means a machine or mechanical device used or able to be used for the purpose of selling smoking products without the personal manipulation or attention of the seller, or the seller’s employee or agent, at the time of the sale.

Part 3Tobacco Regulations 1991

  1. Legislation amended—pt 3

    This part amends the Tobacco Regulations 1991.

  2. Part 2

    omit

  3. Application—Act, s 22
    Regulation 3

    omit

    (other than a vending machine)

  4. Regulations—renumbering

    renumber provisions when regulations next republished under Legislation Act

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 23 June 2004.

  2. Notification

    Notified under the Legislation Act on 16 August 2004.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Tobacco (Vending Machine Ban) Amendment Bill 2004, which was passed by the Legislative Assembly on 4 August 2004.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2004

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