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TASMANIA
__________
PUBLIC HEALTH AMENDMENT BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 63 amended (Smoking by children)
6. Section 64 amended (Sale to children)
7. Section 66 amended (Seizure of tobacco and tobacco products)
8. Section 67 amended (Warnings and information)
9. Section 68 amended (Supply of tobacco or tobacco products)
10. Section 69 amended (Marketing device, plan or scheme)
11. Section 70 amended (Display of tobacco advertisements, &c.)
12. Section 72 repealed
13. Section 72A amended (Display in public areas)
14. Section 73 amended (Packaging of tobacco and tobacco
products)
15. Section 74 amended (False information relating to legislation)
[Bill 55]-III
2
PUBLIC HEALTH AMENDMENT BILL 2006
(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:
1. Short title
This Act may be cited as the Public Health
Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Public Health Act 1997* is
referred to as the Principal Act.
*No. 86 of 1997
[Bill 55] 3
Public Health Amendment Act 2006
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting "tobacco or a" after
"containing" in the definition of
"packet";
(b) by inserting "tobacco or" after "to" in the
definition of "product line";
(c) by inserting "tobacco or" after "a kind
of" in the definition of "product line";
(d) by inserting "tobacco or" after "another
kind of" in the definition of "product
line";
(e) by omitting paragraph (d) from the
definition of "product line" and
substituting the following paragraph:
(d) in the case of a packet of
cigarettes or cigars, the number of
cigarettes or cigars in the packet;
(f) by inserting "tobacco or" after "which"
in the definition of "sales unit";
(g) by inserting "tobacco or" after "of" in
paragraph (b) of the definition of
"service area";
(h) by omitting the definition of "specialist
tobacconist premises" and substituting
the following definition:
4
Public Health Amendment Act 2006
Act No. of
s. 4
"specialist tobacconist premises"
means
(a) premises that are operated
independently and apart
from any other retail
business and where only
tobacco, tobacco
products, matches and
cigarette or pipe lighters
are sold; or
(b) premises that, under
section 72B, are
determined to be
specialist tobacconist
premises;
(i) by inserting "tobacco or" after "of" in
paragraph (a) of the definition of
"tobacco advertisement";
(j) by inserting "tobacco or" after "name,
of" in paragraph (b) of the definition of
"tobacco advertisement";
(k) by omitting "tobacco;" from paragraph
(c) of the definition of "tobacco product"
and substituting "tobacco; or";
(l) by inserting the following paragraph after
paragraph (c) in the definition of
"tobacco product":
(d) a prescribed product;
5
Public Health Amendment Act 2006
Act No. of
s. 5
(m) by inserting "tobacco or" after "which"
in the definition of "tobacco product
vending machine".
5. Section 63 amended (Smoking by children)
Section 63 of the Principal Act is amended by
inserting "tobacco or" after "any".
6. Section 64 amended (Sale to children)
Section 64 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "tobacco
or" after "supply any";
(b) by inserting in subsection (2) "tobacco
or" after "of any";
(c) by inserting in subsection (3) "tobacco
or" after "supply any";
(d) by inserting in subsection (4) "tobacco
or" after "any";
(e) by inserting in subsection (6) "tobacco
or" after "supplies any";
(f) by inserting in subsection (6) "tobacco
or" after "supply of";
(g) by inserting in subsection (7) "tobacco
or" after "of any".
6
Public Health Amendment Act 2006
Act No. of
s. 7
7. Section 66 amended (Seizure of tobacco and tobacco
products)
Section 66 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "tobacco
or" after "any";
(b) by inserting in subsection (2) "tobacco
or" after "Any";
(c) by inserting in subsection (3) "tobacco
or" after "of any".
8. Section 67 amended (Warnings and information)
Section 67 of the Principal Act is amended as
follows:
(a) by inserting in subsection (3)(c) "tobacco
or" after "supplied";
(b) by inserting in subsection (5) "tobacco
or" after "any";
(c) by inserting in subsection (5) "tobacco
or" after "effects of".
9. Section 68 amended (Supply of tobacco or tobacco
products)
Section 68 of the Principal Act is amended as
follows:
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Public Health Amendment Act 2006
Act No. of
s. 10
(a) by inserting in paragraph (a) "tobacco or"
after "represent any";
(b) by omitting subparagraph (ii) from
paragraph (b) and substituting the
following subparagraphs:
(ii) in a package that is designed to
be, or is readily able to be,
divided into packets that each
contain less than 20 cigarettes; or
(iii) otherwise than in a package.
10. Section 69 amended (Marketing device, plan or
scheme)
Section 69(1) of the Principal Act is amended by
inserting "tobacco or" after "of any".
11. Section 70 amended (Display of tobacco
advertisements, &c.)
Section 70 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(a) "tobacco
or" after "use of";
(b) by inserting in subsection (2)(a) "tobacco
or" after "name of";
(c) by inserting in subsection (2)(b) "tobacco
or" after "containing";
8
Public Health Amendment Act 2006
Act No. of
s. 12
(d) by inserting in subsection (2)(c)(ii)
"tobacco or" after "of";
(e) by inserting in subsection (3)(a) "tobacco
or" after "line of";
(f) by omitting from subsection (3)(b) "any"
first occurring and substituting "any
tobacco or";
(g) by inserting in subsection (4)(a) "tobacco
or" after "distributor of the";
(h) by inserting in subsection (4)(b) "tobacco
or" after "distributor of the";
(i) by inserting in subsection (4)(c) "tobacco
or" after "of the";
(j) by inserting in subsection (5) "tobacco
or" after "publicise";
(k) by inserting in subsection (5) "tobacco
or" after "of".
12. Section 72 repealed
Section 72 of the Principal Act is repealed.
13. Section 72A amended (Display in public areas)
Section 72A of the Principal Act is amended as
follows:
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Public Health Amendment Act 2006
Act No. of
s. 13
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A person must not display any
tobacco or tobacco product within
75 centimetres of another
displayed product if the other
displayed product is designed or
marketed for the use of children.
Penalty: Fine not exceeding 50
penalty units.
(b) by inserting in subsection (2) "tobacco
or" after "of";
(c) by inserting in subsection (3) "any
tobacco or" after "which";
(d) by inserting in subsection (3)(c) "tobacco
or" after "of";
(e) by inserting in subsection (3)(e) "of any
tobacco or" after "or";
(f) by omitting from subsection (3)(g) "the
packet of" and substituting "any packet
of tobacco or";
(g) by omitting from subsection (4) "tobacco
products in a sales unit are not" and
substituting "any tobacco or tobacco
product in a sales unit is not";
(h) by inserting in subsection (5) "tobacco
or" after "display";
10
Public Health Amendment Act 2006
Act No. of
s. 14
(i) by inserting in subsection (7) "tobacco
or" after "display any";
(j) by inserting in subsection (7)(a) "tobacco
or" after "packaging of the";
(k) by inserting in subsection (7)(a) "tobacco
or" after "metres of the";
(l) by inserting in subsection (7)(c) "tobacco
or" after "packaging of the";
(m) by inserting in subsection (7)(d) "tobacco
or" after "the";
(n) by inserting in subsection (7)(f) "tobacco
or" after "of";
(o) by inserting in subsection (7)(g) "tobacco
or" after "in packaging of the";
(p) by inserting in subsection (7)(g) "tobacco
or" after "the packaging of the";
(q) by omitting from subsection (7)(g) "a
tobacco product" and substituting "it".
14. Section 73 amended (Packaging of tobacco and
tobacco products)
Section 73 of the Principal Act is amended as
follows:
(a) by inserting "tobacco or" after "of any";
(b) by omitting "a" first occurring and
substituting "the tobacco or".
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Public Health Amendment Act 2006
Act No. of
s. 15
15. Section 74 amended (False information relating to
legislation)
Section 74 of the Principal Act is amended by
inserting "tobacco or" after "supplier of any".
12 Government Printer, Tasmania