Untitled document

Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012

No. 71 of 2012

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3New sections 5RA and 5RB inserted

5RANo smoking at patrolled beaches

5RBNo offence by minors at patrolled beaches

4Infringements inserted

5Repeal of amending Act

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ENDNOTES

Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012

No. 71 of 2012

[Assented to 20 November 2012]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Tobacco Act 1987 to ban smoking between the flags at patrolled beaches and within a 50 metre radius of each of those flags.

2Commencement

This Act comes into operation on 1 December 2012.

3New sections 5RA and 5RB inserted

After section 5R of the Tobacco Act 1987 insert—

5RANo smoking at patrolled beach"es

(1)A person must not smoke within an area (on public land or in the sea) that is—

(a)between red and yellow flags temporarily erected on behalf of Surf Life Saving Victoria or its affiliated surf life saving clubs marking the boundaries for safe swimming; or

(b)within a 50 metre radius of a red and yellow flag referred to in paragraph (a).

Penalty:5 penalty units.

(2)Subsection (1) does not apply in an area beyond—

(a)the landward edge of a beach's sanded area if the beach is adjacent to the coast or a bay; or

(b)the water's edge or the landward edge of a beach's sanded area if the beach is adjacent to a river.

(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.

5RBNo offence by minors at patrolled beaches

Despite anything to the contrary in section 5RA 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 5RA.".

4Infringements inserted

In the Schedule to the Tobacco Act 1987, after item 11 insert—

"11A	An offence against section 5RA(1)	1 penalty unit	Not applicable
11B	An offence against section 5RA(4)	1 penalty unit	Not applicable".

5Repeal of amending Act

This Act is repealed on 1 December 2013.

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: 11 October 2012

Legislative Council: 25 October 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Tobacco Act 1987 to ban smoking between the flags at patrolled beaches and within a 50 metre radius of each of those flags and for other purposes."