Untitled document

Tobacco (Amendment) Regulations 2006

S.R. No. 21/2006

table of provisions

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Revocation of regulations 4AA, 4AB and 5

6.Retail outlet warning and cessation of smoking signage

7.New regulation 6 substituted

6.Tobacco infringement notices

8.New regulation 7 substituted

7.Withdrawal of infringement notice

9.New Schedule 2 substituted

10.Revocation of Schedules 3 and 4

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ENDNOTES

statutory rules 2006

S.R. No. 21/2006

Tobacco Act 1987

Tobacco (Amendment) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 28 February 2006

Responsible Minister:

BRONWYN PIKE
Minister for Health

justine franklin

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Tobacco Regulations 1997 to give effect to the provisions of the Tobacco (Amendment) Act 2005.

2.Authorising provision

These Regulations are made under section 43 of the Tobacco Act 1987.

3.Commencement

These Regulations come into operation on 1 March 2006.

4.Principal Regulations

In these Regulations, the Tobacco Regulations 1997[1] are called the Principal Regulations.

5.Revocation of regulations 4AA, 4AB and 5

Regulations 4AA, 4AB and 5 of the Principal Regulations are revoked.

6.Retail outlet warning and cessation of smoking signage

(1)For regulation 5AB(1)(b) of the Principal Regulations substitute—

"(b)the sign must contain one of the statements in Part 1 of Schedule 2 and be printed or written—

(i)in black on a white background; and

(ii)in the maximum proportionate lettering that can be accommodated within the confines of the size of the sign; and".

(2)For regulation 5AB(2)(b) of the Principal Regulations substitute—

"(b)the sign must contain the statement in Part 2 of Schedule 2 printed or written—

(i)in black on a white background; and

(ii)in the maximum proportionate lettering that can be accommodated within the confines of the size of the sign; and".

7.New regulation 6 substituted

For regulation 6 of the Principal Regulations substitute—

"6.  Tobacco infringement notices

For the purposes of section 38(1A) of the Act, the prescribed information to be contained in an infringement notice is—

(a)the name of the person on whom the infringement notice is served;

(b)the nature of the offence alleged to have been committed in general terms;

(c)the date, time and place of the alleged offence;

(d)the number of the infringement notice;

(e)the amount of the fixed penalty;

(f)the period within which and the place where the fixed penalty may be paid;

(g)that the person on whom the infringement notice is served may be eligible for a payment plan and, if eligible, the payment plan commences on receipt of the first payment under the payment plan;

(h)that the person on whom the infringement notice is served is entitled to disregard the infringement notice and defend the prosecution for the offence in court.".

8.New regulation 7 substituted

For regulation 7 of the Principal Regulations substitute—

"7.  Withdrawal of infringement notice

For the purposes of section 38(2) of the Act, the prescribed information to be contained in a notice withdrawing an infringement notice is—

(a)the name of the person on whom the infringement notice was served;

(b)the number of the infringement notice that is withdrawn;

(c)the date on which the infringement notice was served;

(d)a statement that the infringement notice is withdrawn.".

9.New Schedule 2 substituted

For Schedule 2 to the Principal Regulations substitute—

"SCHEDULE 2

PART 1

Regulation 5AB(1)

STATEMENTS FOR RETAIL OUTLET HEALTH WARNING SIGNS

PART 2

Regulation 5AB(2)

RETAIL OUTLET SIGN RELATING TO PROGRAMS ASSISTING IN THE CESSATION OF SMOKING

__________________".

10.Revocation of Schedules 3 and 4

Schedules 3 and 4 to the Principal Regulations are revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 105/1997.  Reprint No. 1 as at 1 January 2002.  Reprinted to S.R. No. 55/2001.  Subsequently amended by S.R. Nos 66/2002 and 32/2003.