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TASMANIA
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PUBLIC HEALTH AMENDMENT BILL 2007
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CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 PUBLIC HEALTH ACT 1997 AMENDED
3. Principal Act
4. Section 67H substituted
67H. Restrictions on smoking in vehicles
5. Section 68 substituted
68. Cigarette packaging
68A. Restrictions regarding toys and confections, &c.
6. Section 70 amended (Display of tobacco advertisements, &c.)
7. Section 147 amended (Disclosure of information)
PART 3 PUBLIC HEALTH ACT 1997 FURTHER AMENDED
8. Principal Act
9. Section 72A amended (Display in public areas)
[Bill 39]-III
2
PUBLIC HEALTH AMENDMENT BILL 2007
(Brought in by the Minister for Health and Human Services,
the Honourable Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Public Health Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Public Health
Amendment Act 2007.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 3 commences on the expiration of the
6-month period immediately following the day
on which this Act receives the Royal Assent.
[Bill 39] 3
Public Health Amendment Act 2007
Act No. of
s. 3 Part 2 Public Health Act 1997 Amended
PART 2 PUBLIC HEALTH ACT 1997 AMENDED
3. Principal Act
In this Part, the Public Health Act 1997* is
referred to as the Principal Act.
4. Section 67H substituted
Section 67H of the Principal Act is repealed and
the following section is substituted:
67H. Restrictions on smoking in vehicles
(1) A person must not smoke inside a vehicle
being used in the course of any
employment if another person is inside
the vehicle.
Penalty: Fine not exceeding 20 penalty
units.
(2) On or after 1 January 2008, a person
must not smoke inside a vehicle if a child
is inside the vehicle.
Penalty: Fine not exceeding 20 penalty
units.
(3) A nominated officer who reasonably
suspects that subsection (2) has been
contravened may
*No. 86 of 1997
4
Public Health Amendment Act 2007
Act No. of
Part 2 Public Health Act 1997 Amended s. 4
(a) require any person inside, on or
near the relevant vehicle who
appears to the nominated officer
to have attained the age of 13
years to state their name, age and
address and disclose what they
know about the identity of any
other person inside, on or near the
vehicle; and
(b) require a person inside or
apparently entering the relevant
vehicle to cease, or not start,
smoking; and
(c) if the nominated officer is a
police officer, require a person
apparently in charge or control of
the relevant vehicle to stop the
vehicle or keep it stationary.
(4) A nominated officer who is a police
officer may arrest a person without
warrant if the nominated officer
reasonably believes that the person
(a) is not a child; and
(b) has, in respect of this section,
committed an offence against
section 154(2) or section 193.
(5) An allegation in a complaint in
proceedings for an offence under
subsection (2) that on a specified date a
person was a child is evidence of that
fact.
5
Public Health Amendment Act 2007
Act No. of
s. 5 Part 2 Public Health Act 1997 Amended
5. Section 68 substituted
Section 68 of the Principal Act is repealed and
the following sections are substituted:
68. Cigarette packaging
(1) A person must not supply cigarettes to
the public otherwise than in a package.
Penalty: Fine not exceeding
(a) for a first offence, 50
penalty units; and
(b) for a subsequent offence,
200 penalty units.
(2) A person must not supply cigarettes to
the public in a package that
(a) contains fewer than 20 cigarettes;
or
(b) is designed to be, or is readily
able to be, divided into packets
any of which contains fewer than
20 cigarettes.
Penalty: Fine not exceeding
(a) for a first offence, 50
penalty units; and
(b) for a subsequent offence,
200 penalty units.
6
Public Health Amendment Act 2007
Act No. of
Part 2 Public Health Act 1997 Amended s. 5
68A. Restrictions regarding toys and confections,
&c.
A person must not sell or supply any of
the following things to another person:
(a) a toy that resembles, or is
intended to represent, tobacco or
a tobacco product;
(b) a confection that resembles, or is
intended to represent, tobacco or
a tobacco product;
(c) tobacco that is
(i) confectionary-flavoured
or confectionary-scented;
or
(ii) fruit-flavoured or fruit-
scented;
(d) a tobacco product that is
(i) confectionary-flavoured
or confectionary-scented;
or
(ii) fruit-flavoured or fruit-
scented;
(e) cigarette papers that are
(i) confectionary-flavoured
or confectionary-scented;
or
7
Public Health Amendment Act 2007
Act No. of
s. 6 Part 2 Public Health Act 1997 Amended
(ii) fruit-flavoured or fruit-
scented;
Penalty: Fine not exceeding
(a) for a first offence, 50
penalty units; and
(b) for a subsequent offence,
200 penalty units.
6. Section 70 amended (Display of tobacco
advertisements, &c.)
Section 70 of the Principal Act is amended by
omitting subsection (4).
7. Section 147 amended (Disclosure of information)
Section 147 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (i)
"Director." and substituting "Director;
or";
(b) by inserting the following paragraph after
paragraph (i):
(j) for the purposes of ensuring
compliance with, and enforcing,
this Act.
8
Public Health Amendment Act 2007
Act No. of
Part 3 Public Health Act 1997 Further Amended s. 8
PART 3 PUBLIC HEALTH ACT 1997 FURTHER
AMENDED
8. Principal Act
In this Part, the Public Health Act 1997* is
referred to as the Principal Act.
9. Section 72A amended (Display in public areas)
Section 72A of the Principal Act is amended as
follows:
(a) by omitting subsection (4) and
substituting the following subsection:
(4) A person who displays tobacco or
tobacco products in any premises
must ensure that
(a) the display is confined to
a single area not
exceeding 4 square metres
in the case of specialist
tobacconist premises or
one square metre in the
case of other premises;
and
(b) no tobacco or tobacco
products are displayed
elsewhere in the premises.
*No. 86 of 1997
9
Public Health Amendment Act 2007
Act No. of
s. 9 Part 3 Public Health Act 1997 Further Amended
Penalty: Fine not exceeding 50
penalty units.
(b) by omitting subsection (6) and
substituting the following subsection:
(6) Subsection (3)(c) and
subsection (5) do not apply to
specialist tobacconist premises.
10 Government Printer, Tasmania