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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TOBACCO PRODUCTS
(PREVENTION OF SUPPLY
TO CHILDREN) BILL 1997
Queensland
TOBACCO PRODUCTS (PREVENTION
OF SUPPLY TO CHILDREN) BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Main object of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Who is a "responsible adult" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Acceptable evidence of age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--SUPPLY OF TOBACCO PRODUCTS
Division 1--Tobacco product suppliers and employees
8 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Meaning of "prevention measures" for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Individual supplier must not supply tobacco products to children . . . . . . . . 8
11 Supplier must ensure employees do not supply tobacco products
to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 When employee of supplier liable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Suppliers may be prohibited from selling tobacco products . . . . . . . . . . . . . 9
Division 2--Tobacco product vending machines
14 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Restriction on location of tobacco product vending machines . . . . . . . . . . 11
16 Supply of tobacco products from vending machines . . . . . . . . . . . . . . . . . . . 11
17 Persons in charge of tobacco product vending machines may be
prohibited from possessing tobacco product vending machines . . . . . . . . . . 12
2
Tobacco Products (Prevention of Supply to
Children)
Division 3--Supply of tobacco products by adults to children
18 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Supply prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4--Signage
20 Tobacco products suppliers must display prohibition signs . . . . . . . . . . . . . 13
21 Persons in charge of tobacco product vending machines must
attach or display prohibition signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 5--Minimum saleable quantities of tobacco products
22 Cigarettes must be sold in packages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Prepackaged loose tobacco must not be sold under certain quantity . . . . . 14
Division 6--Supply of things resembling tobacco products
24 Supply of food or toys resembling tobacco products . . . . . . . . . . . . . . . . . . . 14
Division 7--Liability for certain offences against part
25 Liability of person for conduct of representatives . . . . . . . . . . . . . . . . . . . . . 15
26 Defence to charge if age material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 3--MONITORING AND ENFORCEMENT
Division 1--Appointment of authorised persons and other matters
27 Who are authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Production or display of authorised person's identity card . . . . . . . . . . . . . . 17
31 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Powers of authorised persons
32 Meaning of "occupier" for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
33 Entry of places by authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
34 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Other enforcement powers of authorised persons
36 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Power to require evidence of age, name and address of person
observed being supplied a tobacco product . . . . . . . . . . . . . . . . . . . . . . . . . . 21
38 Power to seize tobacco product . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
Tobacco Products (Prevention of Supply to
Children)
Division 4--Seizure of evidence
39 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
40 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
41 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 5--Other enforcement matters
43 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
44 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 25
45 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
46 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
47 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
48 Obstruction of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 4--MISCELLANEOUS
49 Evidence of thing labelled as tobacco product . . . . . . . . . . . . . . . . . . . . . . . 27
50 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 5--REPEAL AND TRANSITIONAL
51 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
52 Supply of tobacco products from vending machines at premises
other than licensed premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
53 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 29
DICTIONARY
1997
A BILL
FOR
An Act to restrict the supply of tobacco products to children, and for
other purposes
s1 6 s3
Tobacco Products (Prevention of Supply to
Children)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Tobacco Products (Prevention of Supply 4
to Children) Act 1997. 5
6
Commencement
2.(1) This Act (other than section 15) commences on a day to be fixed by 7
proclamation. 8
(2) Section 15 commences 6 months after the day fixed under 9
subsection (1). 10
object of Act and its achievement 11
Main
3.(1) The main object of this Act is to reduce the number of children who 12
take up smoking. 13
(2) This is to be achieved mainly by restricting the availability of tobacco 14
products to children. 15
s4 7 s7
Tobacco Products (Prevention of Supply to
Children)
1
Definitions
4. The dictionary in the schedule defines particular words used in this 2
Act.1 3
is a "responsible adult" 4
Who
5. A "responsible adult", for a child, is an adult who-- 5
(a) is the child's parent, step-parent or guardian; or 6
(b) has parental rights and responsibilities for the child. 7
8
Example of responsible adult under paragraph (b)--
9
An adult who is an aunt or uncle of a child, living with the child.
evidence of age 10
Acceptable
6. For this Act, acceptable evidence of the age of a person is a document 11
that-- 12
(a) is a driver's licence, proof of age card or an Australian or foreign 13
passport; and 14
(b) bears a photograph of the person; and 15
(c) indicates by reference to the person's date of birth or otherwise 16
that the person has attained a particular age. 17
binds all persons 18
Act
7. This Act binds all persons. 19
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
Words defined elsewhere in the Act are generally signposted by entries in the
dictionary. However, if a section has a definition applying only to the section, or
a part of the section, it is generally not signposted by an entry in the dictionary
and is generally set out in the last subsection of the section.
Signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the definitions can be found. For
example, the definition ` "responsible adult" see section 5.' tells the reader
there is a definition of responsible adult in the section.
s8 8 s 10
Tobacco Products (Prevention of Supply to
Children)
PART 2--SUPPLY OF TOBACCO PRODUCTS 1
1--Tobacco product suppliers and employees 2
Division
of div 1 3
Application
8. This division does not apply to the supply of tobacco products from 4
tobacco product vending machines. 5
of "prevention measures" for div 1 6
Meaning
9. In this division-- 7
"prevention measures", by a tobacco product supplier in relation to an 8
employee of the supplier, means-- 9
(a) instructing the employee-- 10
(i) not to supply tobacco products to children in any 11
circumstances, even if the supply is for, or claimed to be for, 12
an adult; and 13
(ii) to sight acceptable evidence of age for a person before 14
supplying a tobacco product to the person, unless satisfied 15
the person is an adult; and 16
(b) warning the employee that if the employee supplies tobacco 17
products to children in disregard of the instructions mentioned in 18
paragraph (a), the employee commits an offence against this Act; 19
and 20
(c) obtaining written acknowledgment by the employee that the 21
employee received the instructions and warning mentioned in 22
paragraphs (a) and (b). 23
supplier must not supply tobacco products to children 24
Individual
10.(1) A tobacco product supplier who is an individual must not supply a 25
tobacco product to a child. 26
Maximum penalty-- 27
s 11 9 s 13
Tobacco Products (Prevention of Supply to
Children)
(a) for a first offence--1 penalty unit; and 1
(b) for a second or later offence--2 penalty units. 2
(2) However, this section does not apply if the supply is by an employee 3
of the supplier. 4
must ensure employees do not supply tobacco products to 5
Supplier
children 6
11.(1) A tobacco product supplier must ensure an employee of the 7
supplier does not supply a tobacco product to a child. 8
Maximum penalty-- 9
(a) for a first offence--1 penalty unit; and 10
(b) for a second or later offence--2 penalty units. 11
(2) However, a tobacco product supplier does not commit an offence 12
against subsection (1) if, before the supply, the supplier took the prevention 13
measures in relation to the employee. 14
employee of supplier liable 15
When
12.(1) This section applies if a tobacco product supplier has, in relation to 16
an employee of the supplier, taken the prevention measures. 17
(2) After the prevention measures have been taken, the employee of the 18
tobacco product supplier must not, in the ordinary course of employment, 19
supply a tobacco product to a child. 20
Maximum penalty-- 21
(a) for a first offence--1 penalty unit; and 22
(b) for a second or later offence--2 penalty units. 23
may be prohibited from selling tobacco products 24
Suppliers
13.(1) This section applies if-- 25
(a) a tobacco product supplier is convicted of an offence against 26
section 10 or 11; and 27
s 14 10 s 14
Tobacco Products (Prevention of Supply to
Children)
(b) within 2 years after the conviction, the supplier is again convicted 1
of an offence against either section (the "subsequent offence"). 2
(2) The court sentencing the supplier for the subsequent offence may, on 3
its own initiative or the application of the prosecutor, make an order against 4
the supplier under subsection (3). 5
(3) The court may make an order applying for a stated period, of at least 6
2 months but not longer than 1 year-- 7
(a) prohibiting the supply of all or stated tobacco products by the 8
supplier; or 9
(b) imposing conditions or restrictions on the supply of tobacco 10
products by the supplier. 11
(4) However, if the supplier supplies tobacco products at more than 12
1 outlet, the order may apply only to the outlets where the offences 13
happened. 14
(5) A person must not contravene an order under subsection (3). 15
Maximum penalty for subsection (5)--75 penalty units. 16
2--Tobacco product vending machines 17
Division
for div 2 18
Definitions
14. In this division-- 19
"employee", of a person in charge of a tobacco product vending machine, 20
means an employee of the person-- 21
(a) whose employment requires the employee to work near the 22
vending machine; and 23
(b) who, in performing the employee's duties, can observe the use of 24
the vending machine. 25
"prevention measures", by a person in charge of a tobacco product 26
vending machine in licensed premises, means-- 27
(a) for the vending machine--locating the vending machine in the 28
premises so that its use can be observed by the person's 29
s 15 11 s 16
Tobacco Products (Prevention of Supply to
Children)
employees; and 1
(b) for the person's employees-- 2
(i) instructing the employees to-- 3
(A) take reasonable steps to ensure that a child does not 4
obtain a tobacco product from the vending machine, 5
even if the product is for, or claimed to be for, an adult; 6
and 7
(B) sight acceptable evidence of age for a person before 8
allowing the person to obtain a tobacco product from 9
the vending machine, unless satisfied the person is an 10
adult; and 11
(ii) obtaining written acknowledgment by each employee that 12
the employee received the instructions mentioned in 13
subparagraph (i). 14
on location of tobacco product vending machines 15
Restriction
15.(1) An occupier of premises (other than licensed premises) must not 16
have a tobacco product vending machine in the premises. 17
Maximum penalty--1 penalty unit. 18
(2) Subsection (1) does not apply to a tobacco product vending machine 19
while it is not being used by anyone to supply tobacco products. 20
21
Example--
22
Subsection (1) does not apply to a tobacco product vending machine while it is
23
being stored, transported or repaired.
(3) Proof that a tobacco product vending machine was capable of being 24
used to supply tobacco products is evidence that the vending machine was 25
being used to supply tobacco products at the relevant time. 26
of tobacco products from vending machines 27
Supply
16.(1) A person in charge of a tobacco product vending machine in 28
licensed premises must not allow a child to obtain a tobacco product from 29
the vending machine. 30
s 17 12 s 17
Tobacco Products (Prevention of Supply to
Children)
Maximum penalty-- 1
(a) for a first offence--1 penalty unit; and 2
(b) for a second or later offence--2 penalty units. 3
(2) However, the person does not commit an offence against 4
subsection (1) if, before the child obtained the tobacco product, the person 5
had taken the prevention measures. 6
in charge of tobacco product vending machines may be 7
Persons
prohibited from possessing tobacco product vending machines 8
17.(1) This section applies if-- 9
(a) a person in charge of a tobacco product vending machine is 10
convicted of an offence against section 16; and 11
(b) within 2 years after the conviction, the person is again convicted 12
of an offence against the section (the "subsequent offence"). 13
(2) The court sentencing the person for the subsequent offence may, on 14
its own initiative or the application of the prosecutor, make an order against 15
the person under subsection (3). 16
(3) The court may make an order applying for a stated period, of at least 17
2 months but not longer than 1 year-- 18
(a) prohibiting the person from possessing tobacco product vending 19
machines; or 20
(b) imposing conditions or restrictions on the possession or use of 21
tobacco product vending machines by the person. 22
(4) However, if the person is in charge of a tobacco product vending 23
machine at more than 1 licensed premises, the order may apply only to the 24
licensed premises where the offences happened. 25
(5) A person must not contravene an order under subsection (3). 26
Maximum penalty for subsection (5)--75 penalty units. 27
s 18 13 s 20
Tobacco Products (Prevention of Supply to
Children)
3--Supply of tobacco products by adults to children 1
Division
of div 3 2
Application
18. This division does not apply to the supply of tobacco products-- 3
(a) by tobacco product suppliers or their employees (in the ordinary 4
course of employment); or 5
(b) from tobacco product vending machines. 6
prohibited 7
Supply
19.(1) An adult must not supply a tobacco product to a child (the 8
"relevant person"). 9
Maximum penalty--1 penalty unit. 10
(2) However, a responsible adult for a child does not commit an offence 11
by supplying a tobacco product to the child. 12
(3) It is a defence to a charge under subsection (1) for the defendant to 13
prove that at the time of the offence the defendant honestly and reasonably 14
believed that the relevant person was an adult. 15
4--Signage 16
Division
products suppliers must display prohibition signs 17
Tobacco
20.(1) A tobacco product supplier must display prohibition signs, at each 18
place at which the supplier supplies tobacco products, in the way prescribed 19
under a regulation. 20
Maximum penalty--1 penalty unit. 21
(2) However, this section does not apply if the supply is from a tobacco 22
product vending machine. 23
s 21 14 s 24
Tobacco Products (Prevention of Supply to
Children)
in charge of tobacco product vending machines must attach 1
Persons
or display prohibition signs 2
21. A person in charge of a tobacco product vending machine must 3
attach prohibition signs to, or display prohibition signs near, the vending 4
machine, in the way prescribed under a regulation. 5
Maximum penalty--1 penalty unit. 6
Division 5--Minimum saleable quantities of tobacco products 7
must be sold in packages 8
Cigarettes
22.(1) A tobacco product supplier must sell cigarettes only in a package. 9
Maximum penalty--1 penalty unit. 10
(2) A tobacco product supplier must not sell cigarettes in a package 11
containing less than 20 cigarettes. 12
Maximum penalty--1 penalty unit. 13
loose tobacco must not be sold under certain quantity 14
Prepackaged
23. A tobacco product supplier must not sell prepackaged loose tobacco 15
in quantities of less than 25 g. 16
Maximum penalty--1 penalty unit. 17
Division 6--Supply of things resembling tobacco products 18
of food or toys resembling tobacco products 19
Supply
24.(1) A person must not, as part of a business activity, supply to a 20
person-- 21
(a) food that is not a tobacco product but resembles a tobacco 22
product; or 23
(b) a toy that resembles a tobacco product. 24
s 25 15 s 26
Tobacco Products (Prevention of Supply to
Children)
Maximum penalty--1 penalty unit. 1
(2) For subsection (1), food or a toy resembles a tobacco product if the 2
food or toy-- 3
(a) has an appearance that is likely to cause a reasonable person to 4
consider the food or toy resembles a tobacco product or tobacco 5
product package; or 6
(b) is contained in a package that is likely to cause a reasonable 7
person to consider the package resembles a tobacco product 8
package; or 9
(c) is declared under a regulation to resemble a tobacco product or 10
tobacco product package. 11
Division 7--Liability for certain offences against part 12
of person for conduct of representatives 13
Liability
25.(1) This section applies to a proceeding against a person (the 14
"defendant") for an offence against section 22, 23 or 24. 15
(2) Conduct engaged in by a representative of the defendant within the 16
scope of the representative's actual or apparent authority is taken to have 17
been also engaged in by the defendant, unless the defendant proves that the 18
defendant took reasonable steps to prevent the conduct. 19
(3) If it is relevant to prove the defendant's state of mind about particular 20
conduct, it is enough to show-- 21
(a) the conduct was engaged in by a representative of the defendant 22
within the scope of the representative's actual or apparent 23
authority; and 24
(b) the representative had the state of mind. 25
to charge if age material 26
Defence
26.(1) This section applies to a charge for an offence against section 10, 27
s 27 16 s 27
Tobacco Products (Prevention of Supply to
Children)
11, 12 or 162 in which the age of a person (the "relevant person") is 1
material to the charge. 2
(2) It is a defence to the charge for the defendant to prove that at the time 3
of the offence the defendant or the defendant's employee honestly and 4
reasonably believed the relevant person was an adult. 5
(3) Proof that the defendant or the defendant's employee did not ask the 6
relevant person to produce acceptable evidence of age is evidence that any 7
belief that the relevant person was an adult was not reasonable. 8
PART 3--MONITORING AND ENFORCEMENT 9
1--Appointment of authorised persons and other matters 10
Division
are authorised persons 11
Who
27.(1) The chief executive may appoint any of the following persons as 12
authorised persons-- 13
(a) public service employees; 14
(b) health service employees within the meaning of the Health 15
Services Act 1991; 16
(c) other persons prescribed under a regulation. 17
(2) The chief executive may appoint a person as an authorised person 18
only if the chief executive considers the person has the necessary expertise 19
or experience to be an authorised person. 20
(3) A police officer is, without further appointment, an authorised 21
person. 22
2 Section 10 (Individual supplier must not supply tobacco products to children), 11
(Supplier must ensure employees do not supply tobacco products to children), 12
(When employee of supplier liable) or 16 (Supply of tobacco products from
vending machines)
s 28 17 s 30
Tobacco Products (Prevention of Supply to
Children)
of appointment 1
Terms
28.(1) An authorised person (other than a police officer) holds office on 2
the conditions stated in the instrument of appointment. 3
(2) If the instrument provides for a term of appointment, the authorised 4
person ceases to hold office at the end of the term. 5
(3) An authorised person may resign by signed notice given to the chief 6
executive. 7
person's identity card 8
Authorised
29.(1) The chief executive must give an identity card to each authorised 9
person (other than a police officer). 10
(2) The identity card must-- 11
(a) contain a recent photograph of the person; and 12
(b) be signed by the person; and 13
(c) identify the person as an authorised person for this Act; and 14
(d) include an expiry date. 15
(3) A person who ceases to be an authorised person must return the 16
person's identity card to the chief executive as soon as practicable (but 17
within 3 weeks) after the person ceases to be an authorised person, unless 18
the person has a reasonable excuse. 19
Maximum penalty--5 penalty units. 20
(4) This section does not prevent the issue of a single identity card to a 21
person for this Act and other Acts. 22
or display of authorised person's identity card 23
Production
30. An authorised person (other than a uniformed police officer) may 24
exercise a power under this part in relation to someone only if-- 25
(a) the authorised person first produces for the person's inspection-- 26
(i) for an authorised person who is a police officer--the 27
authorised person's police identity card; or 28
s 31 18 s 33
Tobacco Products (Prevention of Supply to
Children)
(ii) for another authorised person--the authorised person's 1
identity card under this Act; or 2
(b) the authorised person has the identity card displayed so it is 3
clearly visible to the person. 4
from liability 5
Protection
31.(1) An official does not incur civil liability for an act done, or 6
omission made, honestly and without negligence under this Act. 7
(2) If subsection (1) prevents a civil liability attaching to a person, the 8
liability attaches instead to the State. 9
(3) In this section-- 10
"official" means-- 11
(a) an authorised person; or 12
(b) a person acting under the direction of an authorised person. 13
2--Powers of authorised persons 14
Division
of "occupier" for div 2 15
Meaning
32. In this division-- 16
"occupier", of a place, includes a person who reasonably appears to be the 17
occupier, or in charge, of the place. 18
of places by authorised persons 19
Entry
33.(1) An authorised person may enter a place if-- 20
(a) the occupier consents to the entry; or 21
(b) the entry is authorised by a warrant. 22
(2) Also, an authorised person may, without the occupier's consent or a 23
warrant, enter-- 24
(a) a public place when the place is open to the public; or 25
s 34 19 s 34
Tobacco Products (Prevention of Supply to
Children)
(b) an outlet of a tobacco product supplier or licensed premises when 1
it is open for carrying on business; or 2
(c) the land around premises to ask its occupier for consent to enter 3
the premises. 4
5
Warrants
34.(1) An authorised person may apply to a magistrate for a warrant for 6
a place. 7
(2) The application must be sworn and state the grounds on which the 8
warrant is sought. 9
(3) The magistrate may refuse to consider the application until the 10
authorised person gives the magistrate all the information the magistrate 11
requires about the application in the way the magistrate requires. 12
13
Example--
14
The magistrate may require additional information supporting the application be
15
given by statutory declaration.
(4) The magistrate may issue a warrant only if the magistrate is satisfied 16
there are reasonable grounds for suspecting-- 17
(a) there is a particular thing or activity (the "evidence") that may 18
provide evidence of an offence against this Act; and 19
(b) the evidence is, or may be within the next 7 days, at the place. 20
(5) The warrant must state-- 21
(a) that the authorised person may, with necessary and reasonable 22
help and force, enter the place and exercise the authorised 23
person's powers under this part; and 24
(b) the offence for which the warrant is issued; and 25
(c) the evidence that may be seized under the warrant; and 26
(d) the hours of the day or night when entry may be made; and 27
(e) the day, within 7 days after the warrant's issue, when the warrant 28
ends. 29
s 35 20 s 35
Tobacco Products (Prevention of Supply to
Children)
powers after entering places 1
General
35.(1) This section applies to an authorised person who enters a place 2
under section 33. 3
(2) However, if an authorised person enters a place to get the occupier's 4
consent to enter premises, this section applies to the authorised person only 5
if the consent is given or the entry is otherwise authorised. 6
(3) For monitoring or enforcing compliance with this Act, the authorised 7
person may-- 8
(a) search any part of the place; or 9
(b) inspect, measure, test, photograph or film any part of the place or 10
anything in the place; or 11
(c) take a thing, or a sample of or from a thing, in the place for 12
analysis; or 13
(d) copy a document in the place; or 14
(e) take into the place any persons, equipment and materials the 15
authorised person reasonably requires for exercising a power 16
under this part; or 17
(f) require the occupier of the place, or a person in the place, to give 18
the authorised person reasonable help to exercise the authorised 19
person's powers mentioned in paragraphs (a) to (e). 20
(4) A person must comply with a requirement under subsection (3)(f), 21
unless the person has a reasonable excuse for not complying. 22
Maximum penalty--5 penalty units. 23
(5) If the requirement is to be complied with by the person giving 24
information or producing a document, it is a reasonable excuse for the 25
person to fail to comply with the requirement if complying with the 26
requirement might incriminate the person. 27
(6) A person does not commit an offence under subsection (4) for failing 28
to comply with a requirement unless the authorised person has first warned 29
the person it is an offence to fail to comply with the requirement unless the 30
person has a reasonable excuse. 31
s 36 21 s 37
Tobacco Products (Prevention of Supply to
Children)
Division 3--Other enforcement powers of authorised persons 1
to require name and address 2
Power
36.(1) This section applies if-- 3
(a) an authorised person finds a person committing an offence 4
against this Act; or 5
(b) an authorised person finds a person in circumstances that lead, or 6
has information that leads, the authorised person to reasonably 7
suspect the person or the person's employer has just committed 8
an offence against this Act. 9
(2) The authorised person may require the person to state the person's 10
name and residential address. 11
(3) When making the requirement under subsection (2), the authorised 12
person must warn the person it is an offence to fail to state the person's 13
name or residential address, unless the person has a reasonable excuse. 14
(4) The authorised person may require the person to give evidence of the 15
correctness of the person's stated name or residential address if the 16
authorised person reasonably suspects the stated name or address is false. 17
(5) A person must comply with a requirement under subsection (2) 18
or (4), unless the person has a reasonable excuse. 19
Maximum penalty--5 penalty units. 20
(6) The person does not commit an offence against subsection (5) if-- 21
(a) the person was required to state the person's name and address 22
by an authorised person who suspected the person or the person's 23
employer had committed an offence against this Act; and 24
(b) the person or the person's employer is not proved to have 25
committed the offence. 26
to require evidence of age, name and address of person 27
Power
observed being supplied a tobacco product 28
37.(1) An authorised person may require a person to show acceptable 29
s 38 22 s 38
Tobacco Products (Prevention of Supply to
Children)
evidence of age of the person if the authorised person-- 1
(a) observes the person being supplied a tobacco product; and 2
(b) suspects on reasonable grounds the person is a child. 3
(2) The authorised person may require the person to state the person's 4
name and residential address if-- 5
(a) the person refuses, or is unable, to comply with a requirement 6
made under subsection (1); or 7
(b) the acceptable evidence of age of the person shown under 8
subsection (1) shows the person is a child. 9
(3) When making the requirement under subsection (2), the authorised 10
person must warn the person it is an offence to fail to state the person's 11
name or residential address, unless the person has a reasonable excuse. 12
(4) The authorised person may require the person to give evidence of the 13
correctness of the person's stated name or residential address if the 14
authorised person reasonably suspects the stated name or address is false. 15
(5) A person must comply with a requirement under subsection (2) 16
or (4), unless the person has a reasonable excuse. 17
Maximum penalty--1 penalty unit. 18
(6) The person does not commit an offence against subsection (5) if no 19
one is proved to have committed an offence against this Act in relation to 20
the supply of the tobacco product. 21
to seize tobacco product 22
Power
38.(1) This section applies if-- 23
(a) an authorised person observes a person being supplied a tobacco 24
product; and 25
(b) the authorised person suspects on reasonable grounds the person 26
is a child; and 27
(c) the person-- 28
(i) refuses, or is unable, to comply with a requirement made by 29
the authorised person under section 37(1); or 30
s 39 23 s 40
Tobacco Products (Prevention of Supply to
Children)
(ii) shows acceptable evidence of age of the person under 1
section 37(1) showing the person is a child; and 2
(d) the authorised person reasonably believes the tobacco product is 3
evidence of an offence against this Act. 4
(2) The authorised person may seize the tobacco product. 5
4--Seizure of evidence 6
Division
to seize evidence 7
Power
39.(1) An authorised person who enters a place with the occupier's 8
consent may seize a thing in the place if-- 9
(a) the authorised person reasonably believes the thing is evidence of 10
an offence against this Act; and 11
(b) seizure of the thing is consistent with the purpose of entry as told 12
to the occupier when asking for the occupier's consent. 13
(2) An authorised person who enters a place with a warrant may seize the 14
evidence for which the warrant was issued. 15
(3) The authorised person may also seize anything else in the place if the 16
person reasonably believes-- 17
(a) the thing is evidence of an offence against this Act; and 18
(b) the seizure is necessary to prevent the thing being hidden, lost, 19
destroyed, or used to continue or repeat the offence. 20
(4) Also, the authorised person may seize a thing in the place if the 21
person reasonably believes that it has just been used in committing an 22
offence against this Act. 23
after thing seized 24
Procedure
40.(1) As soon as practicable after a thing is seized by an authorised 25
person under section 38 or 39, the authorised person must give a receipt for 26
it to the person from whom it was seized. 27
(2) The authorised person must allow a person who would be entitled to 28
s 41 24 s 42
Tobacco Products (Prevention of Supply to
Children)
the seized thing if it were not in the authorised person's possession-- 1
(a) to inspect it; or 2
(b) if it is a document--to copy it. 3
(3) The authorised person must return the seized thing to the person at 4
the end of-- 5
(a) 1 year; or 6
(b) if a proceeding for an offence involving it is started within 7
1 year--the proceeding and any appeal from the proceeding. 8
(4) Despite subsection (3), the authorised person must return the seized 9
thing to the person if the authorised person is satisfied-- 10
(a) its retention as evidence is no longer necessary; and 11
(b) its return is not likely to result in its use in repeating the offence. 12
on conviction 13
Forfeiture
41.(1) On the conviction of a person for an offence against this Act, the 14
court may order the forfeiture to the State of-- 15
(a) anything used to commit the offence; or 16
(b) anything else the subject of the offence. 17
(2) The court may make the order-- 18
(a) whether or not the thing has been seized; and 19
(b) if the thing has been seized--whether or not the thing has been 20
returned to its owner. 21
(3) The court may make any order to enforce the forfeiture it considers 22
appropriate. 23
(4) This section does not limit the court's powers under the Penalties 24
and Sentences Act 1992 or another law. 25
with forfeited things etc. 26
Dealing
42.(1) On the forfeiture of a thing to the State, the thing becomes the 27
s 43 25 s 44
Tobacco Products (Prevention of Supply to
Children)
State's property and may be dealt with by the chief executive as the chief 1
executive considers appropriate. 2
(2) Without limiting subsection (1), the chief executive may destroy the 3
thing. 4
5--Other enforcement matters 5
Division
or misleading information 6
False
43.(1) A person must not state anything to an authorised person the 7
person knows is false or misleading in a material particular. 8
Maximum penalty--5 penalty units. 9
(2) It is enough for a complaint for an offence against subsection (1) to 10
state the statement made was false or misleading to the person's 11
knowledge. 12
misleading or incomplete documents 13
False,
44.(1) A person must not give to an authorised person a document 14
containing information the person knows is false, misleading or incomplete 15
in a material particular. 16
Maximum penalty--5 penalty units. 17
(2) Subsection (1) does not apply to a person if the person, when giving 18
the document-- 19
(a) informs the authorised person, to the best of the person's ability, 20
how it is false, misleading or incomplete; and 21
(b) if the person has, or can reasonably obtain, the correct 22
information--gives the correct information. 23
(3) It is enough for a complaint against a person for an offence against 24
subsection (1) to state that the statement made was false, misleading or 25
incomplete to the person's knowledge. 26
s 45 26 s 46
Tobacco Products (Prevention of Supply to
Children)
of damage 1
Notice
45.(1) This section applies if-- 2
(a) an authorised person damages something when exercising or 3
purporting to exercise a power under this part; or 4
(b) a person (the "other person") acting under the direction of an 5
authorised person damages something when exercising or 6
purporting to exercise a power under this part. 7
(2) The authorised person must promptly give written notice of 8
particulars of the damage to the person who appears to be the owner of the 9
thing. 10
(3) If the authorised person believes the damage was caused by a latent 11
defect in the thing or circumstances beyond the authorised person's or other 12
person's control, the authorised person may state it in the notice. 13
(4) If, for any reason, it is impracticable to comply with subsection (2), 14
the authorised person must leave the notice in a conspicuous position and in 15
a reasonably secure way where the damage happened. 16
(5) This section does not apply to damage the authorised person 17
reasonably believes is trivial. 18
(6) In this section-- 19
"owner", of a thing, includes the person in possession or control of it. 20
21
Compensation
46.(1) A person may claim compensation from the State if the person 22
incurs loss or expense because of the exercise or purported exercise of a 23
power under this part. 24
(2) Without limiting subsection (1), compensation may be claimed for 25
loss or expense incurred in complying with a requirement made of the 26
person under this part. 27
(3) Compensation may be claimed and ordered in a proceeding-- 28
(a) brought in a court with jurisdiction for the recovery of the amount 29
of compensation claimed; or 30
s 47 27 s 50
Tobacco Products (Prevention of Supply to
Children)
(b) for an offence against this Act brought against the person 1
claiming compensation. 2
(4) A court may order compensation to be paid only if satisfied it is just 3
to make the order in the circumstances of the particular case. 4
(5) A regulation may prescribe matters that may, or must, be taken into 5
account by the court in considering whether it is just to make the order. 6
of authorised person 7
Impersonation
47. A person must not pretend to be an authorised person. 8
Maximum penalty--10 penalty units. 9
of authorised persons 10
Obstruction
48. A person must not obstruct an authorised person in the exercise of a 11
power under this part, unless the person has a reasonable excuse. 12
Maximum penalty--5 penalty units. 13
ART 4--MISCELLANEOUS 14
P
of thing labelled as tobacco product 15
Evidence
49. A thing labelled as a tobacco product, or labelled in a way a 16
reasonable person would take to be labelled as a tobacco product, is 17
evidence the thing is or contains a tobacco product. 18
power 19
Regulation-making
50. The Governor in Council may make regulations under this Act. 20
s 51 28 s 53
Tobacco Products (Prevention of Supply to
Children)
PART 5--REPEAL AND TRANSITIONAL 1
2
Repeal
51. The Juvenile Smoking Suppression Act 1905 is repealed. 3
of tobacco products from vending machines at premises other 4
Supply
than licensed premises 5
52. Sections 14, 16, 21 and 263 (so far as it relates to an offence against 6
section 16) apply to an occupier of premises (other than licensed premises) 7
in which a tobacco product vending machine is located as if a reference to-- 8
(a) a person in charge of a tobacco product vending machine is a 9
reference to the occupier of the premises in which the vending 10
machine is located; and 11
(b) licensed premises is a reference to the premises in which the 12
vending machine is located. 13
14
Expiry
53. This part expires on the commencement of section 15.4 15
16
3 Sections 14 (Definitions for div 2), 16 (Supply of tobacco products from vending
machines), 21 (Persons in charge of tobacco product vending machines must
attach or display prohibition signs) and 26 (Defence to charge if age material)
4 Section 15 (Restriction on location of tobacco product vending machines)
29
Tobacco Products (Prevention of Supply to
Children)
CHEDULE 1
¡S
ICTIONARY 2
D
section 4 3
"acceptable evidence of age" see section 6. 4
"authorised person" means a person appointed, or holding office, under 5
section 27 as an authorised person. 6
"child" means an individual who is under 18. 7
"cigar" includes tobacco leaf rolled into a cylinder with a conical end for 8
smoking. 9
"cigarette" means a roll of cut tobacco for smoking enclosed in paper, 10
bark, leaf or something else, whether or not the tobacco is mixed with 11
another substance, but does not include a cigar. 12
"coin-operated vending machine" means a machine or device operated 13
by money, token, debit card or credit card. 14
"consumption", of tobacco product, includes smoking, inhaling or 15
chewing the tobacco product. 16
"conviction" means a finding of guilt, or the acceptance of a plea of guilty, 17
by a court, whether or not a conviction is recorded. 18
"driver's licence" includes a licence, permit or other authority issued under 19
a law of the State or another State that authorises a person to drive or 20
ride a motor vehicle on public roads. 21
"engage in conduct" includes fail to engage in conduct. 22
"executive officer", of a corporation, means a person who is concerned 23
with, or takes part in, the corporation's management, whether or not 24
the person is a director or the person's position is given the name of 25
executive officer. 26
"licensed premises" has the meaning given by the Liquor Act 1992, 27
section 4. 28
30
Tobacco Products (Prevention of Supply to
Children)
SCHEDULE (continued)
"licensee" has the meaning given by the Liquor Act 1992, section 4. 1
"obstruct" includes hinder, resist and attempt to obstruct. 2
"package", for cigarettes, means a package containing cigarettes packed by 3
the manufacturer, or importer, of the cigarettes. 4
"person in charge", of a tobacco product vending machine, means the 5
licensee of licensed premises in which the vending machine is located. 6
"place" includes premises, vacant land and a vehicle. 7
"premises" includes-- 8
(a) a building or other structure; and 9
(b) a part of a building or other structure; and 10
(c) land where a building or other structure is situated. 11
"prepackaged loose tobacco" means tobacco product for smoking that is 12
cut and packaged for retail sale, but does not include a cigarette or 13
cigar. 14
15
Example--
16
Tobacco product commonly called `roll your own tobacco' or `pipe tobacco'.
"prohibition sign" means a sign about the supply of tobacco products to 17
children complying with the requirements prescribed under a 18
regulation. 19
"proof of age card" means a proof of age card mentioned in the Liquor 20
Act 1992, section 6(a)(i). 21
"public place" means a place that the public is entitled to use, is open to the 22
public or is used by the public (whether or not on payment of money). 23
"representative" means-- 24
(a) for a corporation--an executive officer, employee or agent of the 25
corporation; or 26
(b) for an individual--an employee or agent of the individual. 27
"responsible adult" see section 5. 28
31
Tobacco Products (Prevention of Supply to
Children)
SCHEDULE (continued)
"sell" means sell by retail, wholesale or auction, and includes-- 1
(a) offer or agree to sell; and 2
(b) invite to treat or expose to sale; and 3
(c) cause or permit to be sold; and 4
(d) attempt to sell or do an act mentioned in paragraphs (a) to (c). 5
"state of mind", of a person, includes-- 6
(a) the person's knowledge, intention, opinion, belief or purpose; and 7
(b) the person's reasons for the intention, opinion, belief or purpose. 8
"supply" includes-- 9
(a) distribute, give or sell; and 10
(b) offer or agree to distribute or give; and 11
(c) cause or permit to be distributed or given; and 12
(d) attempt to supply or do an act mentioned in paragraphs (a) to (c). 13
"tobacco product" means tobacco prepared for consumption or something 14
containing tobacco for consumption, and includes a cigarette, cigar and 15
prepackaged loose tobacco. 16
"tobacco product package" means a package-- 17
(a) of a type commonly used for tobacco products; and 18
(b) depicting a symbol, design or words that show the package 19
contains a tobacco product. 20
"tobacco product supplier" means a person who, as part of a business 21
activity, supplies tobacco products to the public, but does not include a 22
person who supplies tobacco products to the public as an employee of 23
another person. 24
"tobacco product vending machine" means a coin-operated vending 25
machine used, or intended for use, for selling tobacco products, 26
32
Tobacco Products (Prevention of Supply to
Children)
SCHEDULE (continued)
whether or not it is also used, or intended for use, for selling other 1
products. 2
"vehicle" includes an aircraft, boat and train. 3
4
© State of Queensland 1997
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