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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Health Amendment (Juvenile
Smoking) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Public Health Act 1991 No 10 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2002
New South Wales
Public Health Amendment (Juvenile
Smoking) Bill 2002
Act No , 2002
An Act to amend the Public Health Act 1991 with respect to the availability of
tobacco products and non-tobacco smoking products to minors.
Clause 1 Public Health Amendment (Juvenile Smoking) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Public Health Amendment (Juvenile Smoking)
Act 2002.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Public Health Act 1991 No 10
The Public Health Act 1991 is amended as set out in Schedule 1.
Page 2
Public Health Amendment (Juvenile Smoking) Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Sections 58 and 58A
Insert before section 59:
58 Seizure of tobacco products or non-tobacco smoking products
in possession of minors
(1) A police officer may seize a tobacco product or non-tobacco
smoking product in the possession of a person in a public place
if the officer suspects on reasonable grounds that the person is
under the age of 18 years.
(2) Any tobacco product or non-tobacco smoking product seized
under subsection (1) is forfeited to the Crown.
(3) A tobacco product or non-tobacco smoking product may be
seized under subsection (1) from a person's possession even
though the person is under the age of criminal responsibility.
(4) The regulations may make provision for or with respect to the
following:
(a) the procedure to be followed as regards the seizure of
tobacco products or non-tobacco smoking products
under subsection (1),
(b) without limiting paragraph (a), prescribing the
circumstances in which, and the procedure by which,
tobacco products or non-tobacco smoking products
seized under this section are to be returned.
58A Purchasing tobacco products or non-tobacco smoking products
on behalf of minors
(1) A person of or above the age of 18 years who purchases, on
behalf of a person under the age of 18 years, a tobacco product
or non-tobacco smoking product from premises where such
products are sold is guilty of an offence.
Maximum penalty: 20 penalty units.
Page 3
Public Health Amendment (Juvenile Smoking) Bill 2002
Schedule 1 Amendments
(2) It is a defence to a prosecution for an offence under this section
if the court is satisfied that:
(a) the person on whose behalf the relevant product was
purchased was over the age of 14 years, and
(b) at or before the time the relevant product was purchased
there was produced to the defendant documentary
evidence that might reasonably be accepted as applying
to the person and as proving that the person was at least
18 years of age.
[2] Section 59 Sale of tobacco products or non-tobacco smoking products
to minors
Omit section 59 (3) and (4).
[3] Section 59AA
Insert after section 59:
59AA Evidence of age
For the purposes of sections 58A (2) and 59 (2), documentary
evidence includes evidence that is of a kind prescribed by the
regulations for the purposes of section 117E (Reasonable
evidence of age) of the Liquor Act 1982.
[4] Section 60
Insert after section 59A:
60 Confiscation of proof of age cards
The following persons are authorised persons for the purposes
of section 152A (Confiscation of proof of age cards) of the
Liquor Act 1982:
(a) any police officer,
(b) any environmental health officer,
(c) a person who sells tobacco products or non-tobacco
smoking products and any employee of that person
Page 4
Public Health Amendment (Juvenile Smoking) Bill 2002
Amendments Schedule 1
(being a person or employee of or above the age of 18
years), but only while on, or in the immediate vicinity
of, the premises where the tobacco products or
non-tobacco smoking products are sold.
Page 5
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