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TASMANIA
__________
PUBLIC HEALTH AMENDMENT BILL 2008
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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 14 amended (Emergency declaration)
5. Section 15 amended (Duration of emergency declaration)
6. Section 64 amended (Sale to children)
7. Section 65 repealed
8. Section 67 amended (Warnings and information)
9. Part 4, Division 2: Heading amended
10. Section 68A amended (Restrictions regarding toys and
confections, &c.)
11. Section 69A inserted
69A. Notice to be displayed
12. Section 70A inserted
70A. Vending machines
13. Section 74AA inserted
74AA. Incorrect information relating to health effects of
tobacco or tobacco products
[Bill 74]-VI
PART 3 PUBLIC HEALTH ACT 1997 FURTHER AMENDED
14. Principal Act
15. Section 74K amended (Notification of additional premises)
2
PUBLIC HEALTH AMENDMENT BILL 2008
(Brought in by the Minister for Health, 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 2008.
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 is taken to have commenced on
16 June 2000.
[Bill 74] 3
Public Health Amendment Act 2008
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 14 amended (Emergency declaration)
Section 14 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Director, by any means the
Director considers appropriate,
may declare that a public health
emergency exists if satisfied that
the situation requires it.
(b) by inserting the following subsection
after subsection (2):
(3) The Director is to notify the State
Controller, within the meaning of
the Emergency Management Act
2006, if the existence of a public
health emergency is declared
under this section.
*No. 86 of 1997
4
Public Health Amendment Act 2008
Act No. of
Part 2 Public Health Act 1997 Amended s. 5
5. Section 15 amended (Duration of emergency
declaration)
Section 15 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "2
days" and substituting "7 days";
(b) by omitting from subsection (2)
"Director," and substituting "Director";
(c) by omitting from subsection (2) "2 days"
and substituting "7 days".
6. Section 64 amended (Sale to children)
Section 64 of the Principal Act is amended by
omitting subsection (4).
7. Section 65 repealed
Section 65 of the Principal Act is repealed.
8. Section 67 amended (Warnings and information)
Section 67 of the Principal Act is amended by
omitting subsection (5).
5
Public Health Amendment Act 2008
Act No. of
s. 9 Part 2 Public Health Act 1997 Amended
9. Part 4, Division 2: Heading amended
Division 2 of Part 4 of the Principal Act is
amended by omitting "Display, advertising and
packaging" from the heading to that Division
and substituting "Display, advertising,
packaging, &c.".
10. Section 68A amended (Restrictions regarding toys
and confections, &c.)
Section 68A of the Principal Act is amended by
omitting "sell or supply" and substituting
"display, sell or supply".
11. Section 69A inserted
After section 69 of the Principal Act, the
following section is inserted in Division 2:
69A. Notice to be displayed
A person who sells any tobacco or
tobacco product must display a notice in
the approved form in a conspicuous
position in the place where it is sold.
Penalty: Fine not exceeding
(a) for a first offence, 50
penalty units; and
(b) for a subsequent offence,
100 penalty units.
6
Public Health Amendment Act 2008
Act No. of
Part 2 Public Health Act 1997 Amended s. 12
12. Section 70A inserted
After section 70 of the Principal Act, the
following section is inserted in Division 2:
70A. Vending machines
The owner or lessee of premises at which
a tobacco product vending machine is
situated must ensure that the machine is
not able to be operated by a member of
the public without the owner's or lessee's
assistance or the assistance of a person
acting on his or her behalf.
Penalty: Fine not exceeding 25 penalty
units.
13. Section 74AA inserted
After section 74 of the Principal Act, the
following section is inserted in Division 2:
74AA. Incorrect information relating to health
effects of tobacco or tobacco products
A manufacturer or supplier of any
tobacco or tobacco product must not
provide incorrect information regarding
the health effects of tobacco or tobacco
products.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 2 500
7
Public Health Amendment Act 2008
Act No. of
s. 13 Part 2 Public Health Act 1997 Amended
penalty units for the first
offence and 10 000
penalty units for a
subsequent offence; or
(b) a natural person, a fine
not exceeding 250 penalty
units for the first offence
and 500 penalty units for
a subsequent offence.
8
Public Health Amendment Act 2008
Act No. of
Part 3 Public Health Act 1997 Further Amended s. 14
PART 3 PUBLIC HEALTH ACT 1997 FURTHER
AMENDED
14. Principal Act
In this Part, the Public Health Act 1997* is
referred to as the Principal Act.
15. Section 74K amended (Notification of additional
premises)
Section 74K of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) A notification under this section is to be
accompanied by the prescribed fee.
*No. 86 of 1997
Government Printer, Tasmania 9