Untitled document
Tobacco Amendment Act 2013
No. 66 of 2013
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Controls Relating to Tobacco Products
4Definitions
5New sections 5RC to 5RJ inserted
5RCNo smoking in outdoor area of public swimming pool complex
5RDNo offence by minors in outdoor area of public swimming pool complex
5RENo smoking at or in vicinity of outdoor children's playground equipment
5RFNo offence by minors at or in vicinity of outdoor children's playground equipment
5RGNo smoking at or in vicinity of outdoor skate park
5RHNo offence by minors at or in vicinity of outdoor
skate park5RINo smoking at or in vicinity of outdoor sporting venue
5RJNo offence by minors at or in vicinity or outdoor sporting venue
6Certain advertising prohibited
7Repeal of section 11
8Amendment of Schedule
Part 3—Miscellaneous Amendments
9New section 15SA inserted
15SACessation of new certification as specialist tobacconist
10New section 36QA inserted
36QAOffence to intimidate, threaten or assault inspector
11Power to require names of persons supplied with tobacco
12Regulations
Part 4—Repeal of Amending Act
13Repeal of amending Act
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Endnotes
Tobacco Amendment Act 2013
No. 66 of 2013
[Assented to 6 November 2013]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to amend the Tobacco Act 1987—
(a)to prohibit smoking in certain public outdoor areas; and
(b)to restrict further the promotion and display of tobacco products; and
(c)to make it an offence to threaten, assault or intimidate an inspector who is exercising a power under Part 3A of that Act; and
(d)to make other miscellaneous amendments.
2Commencement
(1)Subject to subsection (2), the provisions of this Act come into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 October 2014, it comes into operation on that day.
3Principal Act
In this Act, the Tobacco Act 1987 is called the Principal Act.
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Part 2—Controls Relating to Tobacco Products
4Definitions
In section 3 of the Principal Act insert the following definition—
"road has the same meaning as in section 3(1) of the RoadSafety Act 1986;".
5New sections 5RC to 5RJ inserted
After section 5RB of the Principal Act insert—
"5RC No smoking in outdoor area of public swimming pool complex
(1)A person must not smoke in an outdoor area of a swimming pool complex that is a public place.
Penalty:5 penalty units.
(2)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.
(3)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.
Penalty:5 penalty units.
(4)Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is within a swimming pool complex that is a public place.
(5)For the purposes of this section—
outdoor area, in relation to a swimming pool complex, means an area within the external perimeter of the complex that is not enclosed.
5RDNo offence by minors in outdoor area of public swimming pool complex
Despite anything to the contrary in section 5RC or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RC.
5RENo smoking at or in vicinity of outdoor children's playground equipment
(1)A person must not smoke at or within 10 metres of children's playground equipment that is in an outdoor public place.
Penalty:5 penalty units.
(2)Subsection (1) does not apply to a person—
(a)in a motor vehicle, unless the motor vehicle is stationary; or
(b)in an area that is separated from the children's playground equipment by a road; or
(c)at residential premises or on land at which residential premises are built or may lawfully be built.
(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.
(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.
Penalty:5 penalty units.
(5)Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is within 10 metres of children's playground equipment.
5RFNo offence by minors at or in vicinity of outdoor children's playground equipment
Despite anything to the contrary in section 5RE or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RE.
5RGNo smoking at or in vicinity of outdoor skate park
(1)A person must not smoke at or within 10 metres of a skate park that is in an outdoor public place.
Penalty:5 penalty units.
(2)Subsection (1) does not apply to a person—
(a)in a motor vehicle, unless the motor vehicle is stationary; or
(b)in an area that is separated from the skate park by a road; or
(c)at residential premises or on land at which residential premises are built or may lawfully be built.
(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.
(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.
Penalty:5 penalty units.
(5)Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is at or within 10 metres of the skate park.
(6)In this section—
skate park means an area specifically designed and equipped with structures for rollerblading, rollerskating or skateboarding or the use of BMX or non-motorised scooters.
5RHNo offence by minors at or in vicinity of outdoor skate park
Despite anything to the contrary in section 5RG or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RG.
5RINo smoking at or in vicinity of outdoor sporting venue
(1)A person must not smoke at or within 10 metres of a sporting venue that is an outdoor public place during—
(a)an organised underage sporting event; or
(b)a training or practice session to prepare for participation in an organised underage sporting event; or
(c)any break or interval during the course of the organised underage sporting event or training or practice session.
Penalty:5 penalty units.
(2)Subsection (1) does not apply to a person—
(a)in a motor vehicle, unless the motor vehicle is stationary; or
(b)in an area that is separated from the sporting venue by a road; or
(c)at residential premises or on land at which residential premises are built or may lawfully be built.
(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.
(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.
Penalty:5 penalty units.
(5)Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is at or within 10 metres of the sporting venue.
(6)In this section—
organised underage sporting event means a sporting event that—
(a)is planned in advance; and
(b)is organised or intended for, or predominantly participated in by, persons under the age of 18 years; and
(c)is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and
(d)may be a one-off event or part of a series of events;
sporting event means a match, game, tournament or other event that involves the playing of, or participation in, sport;
sporting venue includes, but is not limited to—
(a)a playing field;
(b)a track;
(c)an arena;
(d)a court or rink;
(e)any permanently or temporarily erected public seating at the venue;
(f)any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of competitors or officials;
(g)any part of the venue used to conduct the actual organised underage sporting event.
5RJNo offence by minors at or in vicinity or outdoor sporting venue
Despite anything to the contrary in section 5RI or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RI.".
6Certain advertising prohibited
(1)In section 6(3)(ca) of the Principal Act, for "or displayed" substitute "in it and the form in which the notice is displayed".
(2)In section 6(3)(cab) of the Principal Act, for "out or" substitute "out in it and the form in which".
7Repeal of section 11
Section 11 of the Principal Act is repealed.
8Amendment of Schedule
In the Schedule to the Principal Act, after item 11B insert—
"11C An offence against section 5RC(1) 1 penalty unit Not applicable 11D An offence against section 5RC(3) 1 penalty unit Not applicable 11E An offence against section 5RE(1) 1 penalty unit Not applicable 11F An offence against section 5RE(4) 1 penalty unit Not applicable 11G An offence against section 5RG(1) 1 penalty unit Not applicable 11H An offence against section 5RG(4) 1 penalty unit Not applicable 11I An offence against section 5RI(1) 1 penalty unit Not applicable 11J An offence against section 5RI(4) 1 penalty unit Not applicable".
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Part 3—Miscellaneous Amendments
9New section 15SA inserted
After the heading to Part 2A of the Principal Act insert—
"15SA Cessation of new certification as specialist tobacconist
Despite anything to the contrary in this Part, a person may not make an application under section 15T on and from the commencement of this section.".
10New section 36QA inserted
After section 36Q of the Principal Act insert—
"36QA Offence to intimidate, threaten or assault inspector
A person must not, without reasonable excuse, intimidate, threaten or assault an inspector who is exercising a power under this Part.
Penalty:60 penalty units.".
11Power to require names of persons supplied with tobacco
For section 42A(3) of the Principal Act substitute—
"(3)The Secretary must not give to any other person, whether directly or indirectly, any information acquired by the Secretary under this section except to the extent necessary—
(a)to enable the Secretary to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or
(b)to enable an inspector to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or
(c)to enable the tobacco retailers identified by the information to be informed about their obligations under this Act, the regulations or another law of this State or of the Commonwealth in relation to the sale of tobacco products; or
(d)to further the purpose or objects of the Act.
Penalty:60 penalty units.".
12Regulations
(1)Section 43(1)(a), (aa) and (b) of the Principal Act are repealed.
(2)Section 43(4) of the Principal Act is repealed.
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Part 4—Repeal of Amending Act
13Repeal of amending Act
This Act is repealed on 1 October 2015.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 18 September 2013
Legislative Council: 17 October 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Tobacco Act 1987 to prohibit smoking in certain public outdoor areas, to restrict further the promotion and display of tobacco products, to make it an offence to threaten, assault or intimidate an inspector who is exercising a power under Part 3A of that Act and for other purposes."
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