Tobacco Sellers Licensing Ordinance 2000 (CKI)

Overview

The Territory of Cocos (Keeling) Islands Tobacco Sellers Licensing Ordinance 2000 was enacted to formalise the regulation of tobacco sales within the Territory by adopting the Tobacco Sellers Licensing Act 1975 (Western Australia) as a local law. This piece of legislation was introduced to address the need for consistent and enforceable regulations on the sale of tobacco products, ensuring public health and safety are prioritised. The enactment of this Ordinance was authorised by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority granted by the Cocos (Keeling) Islands Act 1955. The overarching policy objective of the Ordinance is to provide a structured framework for the licensing of tobacco sellers, thereby controlling and monitoring the distribution of tobacco products in the Territory.

Scope and Application

The Tobacco Sellers Licensing Ordinance 2000 applies to the Territory of Cocos (Keeling) Islands, adopting the Tobacco Sellers Licensing Act 1975 from Western Australia to regulate the licensing of tobacco sellers within the Territory. This legislative instrument is designed to control and manage the sale of tobacco products by ensuring that all sellers are appropriately licensed, thereby regulating the industry and its conduct in accordance with the adopted act's stipulations. The Ordinance applies to all persons and entities involved in the sale of tobacco products within the Territory, encompassing both direct sellers and any associated businesses. The jurisdictional reach of this Ordinance is confined to the Cocos (Keeling) Islands, making it a territorial law. While the Ordinance does not explicitly state any exclusions or exemptions, it is understood that it applies uniformly to all tobacco sellers within the Territory, subject to the provisions of the adopted act. The application of this Ordinance may be extended or further specified through subordinate instruments, which can provide additional details or clarifications to the primary legislative framework.

Key Provisions

The Tobacco Sellers Licensing Ordinance 2000, which was enacted to adopt the Tobacco Sellers Licensing Act 1975 (WA) as a law of the Territory of Cocos (Keeling) Islands, establishes the legislative framework for the regulation of tobacco sales within the territory. Under this ordinance, Section 2 specifies the commencement date as the date of gazettal, ensuring immediate applicability upon publication. Section 3 formalises the adoption of the 1975 Act, effective from 1 July 2000, thereby integrating the provisions of Western Australia's licensing regime into the local laws of Cocos (Keeling) Islands. The ordinance imposes several obligations on entities and individuals involved in the sale of tobacco products. Firstly, any person or entity seeking to sell tobacco products within the territory must obtain a valid licence as mandated by Section 4 of the adopted Act. This licence requirement ensures that all tobacco sellers operate within a regulated framework, subject to the oversight of the local authorities. Furthermore, licensed sellers must comply with various operational standards and restrictions outlined in the Act, such as the prohibition of sales to minors and the mandatory display of health warnings on tobacco products, as stipulated in Section 5. In terms of legal consequences, the ordinance delineates several offences and penalties for breaches of its provisions. Section 6 of the Act penalises the sale of tobacco products by unlicensed sellers, with potential fines and other sanctions. For instance, selling tobacco without a valid licence can result in significant fines as outlined in Section 7, with maximum penalties specified for repeated or severe violations. Additionally, Section 8 addresses the sale of tobacco to minors, imposing stricter penalties for such breaches, reflecting the serious nature of this public health issue. These provisions underscore the importance of compliance with the licensing requirements and operational standards set forth in the ordinance.