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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Tobacco (Further Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--TOBACCO ACT 1987 3
3. Definitions 3
4. Repeal of provisions for declaring controlled shopping centres 4
5. Smokers' offences in retail shopping centres 4
6. Offences of occupiers of retail shopping centres 5
7. Tobacco advertisement not containing trademarks or brand
names 5
8. Supply of non-tobacco products in connection with the sale of
tobacco products 5
9. New section 13A inserted 6
13A. Mobile selling of tobacco products 6
10. Ban on selling unpackaged cigarettes 6
11. New section 15B substituted 6
15B. Retail shopping centres: no smoking signs 7
12. Prescribed signs relating to prohibition of sale of tobacco
products to minors 7
13. Inspectors' identity cards 8
14. Inspection of tobacco advertisements 8
15. Proceedings 8
16. Supreme Court--limitation of jurisdiction 8
17. Infringements 9
PART 3--TOBACCO (AMENDMENT) ACT 2000 10
18. Commencement 10
19. Prohibition on advertising 10
20. Point of sale advertisements 11
21. No smoking signs in enclosed restaurants and cafes and dining
areas 15
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Clause Page
22. New section 15C substituted 16
15C. Retail outlets: signage 16
ENDNOTES 17
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PARLIAMENT OF VICTORIA
Initiated in Assembly 4 April 2001
A BILL
to make various amendments to the Tobacco Act 1987 and the
Tobacco (Amendment) Act 2000 and for other purposes.
Tobacco (Further Amendment) Act
2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to make various
amendments to the Tobacco Act 1987 and the
5 Tobacco (Amendment) Act 2000--
(a) to regulate the advertisement and sale of
tobacco products; and
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(b) to widen the ban on smoking in shopping
centres; and
(c) to increase inspectors' powers in relation to
the inspection and measurement of tobacco
5 advertisements.
2. Commencement
(1) This Part, section 16 and Part 3 come into
operation on the day after the day on which this
Act receives the Royal Assent.
10 (2) Section 8 comes into operation on 1 July 2001.
(3) Sections 7, 9, 10, 12, 15 and 17(2) come into
operation on 1 October 2001.
(4) Sections 3(2), 4, 5, 6 and 11 come into operation
on 1 November 2001.
15 (5) The remaining provisions of this Act come into
operation on 1 January 2002.
_______________
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Tobacco (Further Amendment) Act 2001
s. 3
Act No.
PART 2--TOBACCO ACT 1987
3. Definitions
See:
(1) In section 3 of the Tobacco Act 1987 insert the Act No.
following definitions-- 81/1987.
Reprint No. 3
5 ' "angled stack" means packages stacked behind as at
14 May 1998
each other from the point of view of the and
customer's side of the customer service area; amending
Act Nos
"on-airport duty free shop" has the same 46/1998,
56/1998 and
meaning as in regulation 93 of the Customs 43/2000.
10 Regulations 1926 of the Commonwealth;'. LawToday:
www.dms.
(2) In section 3 of the Tobacco Act 1987-- dpc.vic.
gov.au
(a) the definition of "controlled shopping
centre" is repealed;
(b) for the definition of "retail shopping centre"
15 substitute--
' "retail shopping centre" means a cluster
of premises 5 or more of which are
retail premises and--
(a) all of which have, or if leased
20 would have, a common head
landlord; or
(b) each of which is on a lot on the
same plan of subdivision and
those lots are land affected by a
25 body corporate within the
meaning of the Subdivision Act
1988--
but does not include--
(c) a building with more than one
30 storey except in relation to each
storey of the building on which is
situated a cluster of premises in
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s. 4
Act No.
respect of which paragraph (a) or
(b) applies; or
(d) any part of those premises--
(i) that is not used by the
5 public, or a section of the
public; or
(ii) that is an enclosed
restaurant or cafe; or
(iii) in respect of which a general
10 licence or a club licence
within the meaning of the
Liquor Control Reform
Act 1998 is in force; or
(iv) that is a bingo centre within
15 the meaning of the Gaming
No. 2 Act 1997; or
(v) that is a road or road related
area within the meaning of
the Road Safety Act 1986;'.
20 4. Repeal of provisions for declaring controlled
shopping centres
Section 3C of the Tobacco Act 1987 is repealed.
5. Smokers' offences in retail shopping centres
(1) In section 5C(1) of the Tobacco Act 1987, for
25 "a controlled shopping centre" substitute "an
enclosed area of a retail shopping centre".
(2) In section 5C(4) of the Tobacco Act 1987, for
"controlled shopping centre" substitute "retail
shopping centre".
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Tobacco (Further Amendment) Act 2001
s. 6
Act No.
6. Offences of occupiers of retail shopping centres
For section 5D(1) of the Tobacco Act 1987
substitute--
"(1) If smoking occurs in any enclosed area of a
5 retail shopping centre, in contravention of
section 5C, the occupier of the area is guilty
of an offence and liable on conviction to a
fine not exceeding 5 penalty units.".
7. Tobacco advertisement not containing trademarks or
10 brand names
In section 6(3)(d) of the Tobacco Act 1987, after
"advertisement" insert "that is within a retail
outlet (whether or not it is visible from a public
place) and".
15 8. Supply of non-tobacco products in connection with
the sale of tobacco products
(1) In section 7(1)(a) of the Tobacco Act 1987--
(a) for sub-paragraph (i) substitute--
"(i) any non-tobacco product or other
20 benefit (whether or not a separate
charge is made for that product or
benefit); or";
(b) in sub-paragraph (ii) for "a prize, gift"
substitute "any non-tobacco product";
25 (c) in sub-paragraph (iii) for "a prize, gift,"
substitute "any non-tobacco product".
(2) In section 7 of the Tobacco Act 1987, after sub-
section (2) insert--
"(3) Sub-section (1) does not prohibit the sale of
30 non-tobacco products such as lighters,
matches, ashtrays or other items that are
necessary for, or ancillary to, the smoking of
tobacco products, unless the consideration
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s. 9
11
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for the sale of those non-tobacco products is
less than it would have been had they not
been sold in connection with the sale of
tobacco products.".
5 9. New section 13A inserted
After section 13 of the Tobacco Act 1987
insert--
'13A. Mobile selling of tobacco products
(1) A person must not, in the course of carrying
10 on a business or in the course of his or her
employment, sell any tobacco product that is
carried about on his or her person.
Penalty: For a first offence: 10 penalty
units.
15 For a second or subsequent
offence: 100 penalty units.
(2) A person must not authorise another
("the seller") to sell any tobacco product
that is carried about on the seller's person.
20 Penalty: For a first offence: 10 penalty
units.
For a second or subsequent
offence: 100 penalty units.
(3) A reference in this section to a tobacco
25 product carried about on a person includes a
reference to a tobacco product that is
intended to be sold from a tray, bag or other
container whether or not it is being carried
about on the person at the time of sale.'.
30 10. Ban on selling unpackaged cigarettes
In section 14 of the Tobacco Act 1987, for "in a
package containing less than" substitute "unless
the cigarettes are in a package containing at least".
11. New section 15B substituted
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Tobacco (Further Amendment) Act 2001
Act No.
For section 15B of the Tobacco Act 1987
substitute--
'15B. Retail shopping centres: no smoking signs
(1) The owner of a retail shopping centre or, if
5 there is more than one owner, each owner
must cause no smoking signs that comply
with sub-section (2) to be displayed in such
prominent positions at entrances to any
enclosed areas of the centre as would
10 reasonably identify those areas of the centre
as no smoking areas for persons entering
them.
Penalty: 5 penalty units in the case of a
natural person.
15 10 penalty units in any other case.
(2) A sign referred to in sub-section (1) must
comply with any prescribed requirements as
to size and the information contained in it.
(3) In this section--
20 "owner" includes a person who is, or is
entitled to be registered under the
Transfer of Land Act 1958 as, the
proprietor of an estate in fee simple in
the land, or any part of the land, on
25 which the retail shopping centre is
situated.'.
12. Prescribed signs relating to prohibition of sale of
tobacco products to minors
In section 15C of the Tobacco Act 1987, after
30 sub-section (2) insert--
"(3) The occupier of premises on which a tobacco
retailing business is carried on must cause to
be displayed on those premises in
accordance with the regulations a prescribed
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Tobacco (Further Amendment) Act 2001
s. 13
16
Act No.
sign relating to the prohibition of the sale of
tobacco products to persons under the age of
18 years.
Penalty: 10 penalty units.".
5 13. Inspectors' identity cards
In section 36B(2) of the Tobacco Act 1987 for
"section 36E" substitute "section 36E(1)".
14. Inspection of tobacco advertisements
At the end of section 36E of the Tobacco Act
10 1987 insert--
"(2) After entering premises under sub-section
(1), an inspector may inspect and measure
any tobacco advertisement that is visible
from the customer's side of the customer
15 service area, whether or not the
advertisement is in a part of the premises
open to the public.".
15. Proceedings
(1) In section 39(2) of the Tobacco Act 1987 omit
20 "6 or".
(2) In section 39 of the Tobacco Act 1987, after sub-
section (2) insert--
"(3) The amendment of sub-section (2) made by
section 15(1) of the Tobacco (Further
25 Amendment) Act 2001 applies to offences
under section 6 irrespective of when the
offence is alleged to have been committed.".
16. Supreme Court--limitation of jurisdiction
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Tobacco (Further Amendment) Act 2001
Act No.
At the end of section 42B of the Tobacco Act
1987 insert--
"(2) It is the intention of section 42, as it has
effect immediately after the commencement
5 of each of the amendments made to this Act
by the Tobacco (Further Amendment) Act
2001, to alter or vary section 85 of the
Constitution Act 1975.".
17. Infringements
10 (1) In the Schedule to the Tobacco Act 1987, after
item 4 insert--
"4A. An offence against 1 penalty unit".
section 6(2B)
(2) In the Schedule to the Tobacco Act 1987, after
item 8 insert--
"8A. An offence against 1 penalty unit
section 13A
8B. An offence against 1 penalty unit".
section 14
_______________
15
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Tobacco (Further Amendment) Act 2001
s. 18
Act No.
PART 3--TOBACCO (AMENDMENT) ACT 2000
18. Commencement
See: (1) In section 2(2) of the Tobacco (Amendment) Act
Act No.
2000, for "sub-section (3)" substitute "sub-
43/2000.
5 Statute Book: sections (3) and (4)".
www.dms.
dpc.vic.
(2) In section 2 of the Tobacco (Amendment) Act
gov.au
2000, for sub-section (3) substitute--
"(3) Sections 7(1) and 13(1) and (3) come into
operation on 1 July 2001.
10 (4) Sections 8, 9, 10 and 16(1)(b) come into
operation on 1 January 2002.".
19. Prohibition on advertising
(1) In section 8(1) of the Tobacco (Amendment) Act
2000, after proposed sub-section (2A) insert--
15 "(2B) A person must not, in the course of carrying
on a tobacco retailing business or tobacco
wholesaling business, display tobacco
products at a retail outlet or wholesale outlet
other than at a point of sale.
20 Penalty: For a first offence: 10 penalty
units.
For a second or subsequent
offence: 100 penalty units.
(2C) Sub-section (2B) does not apply to--
25 (a) the display of cigars in an operating
humidor; or
(b) the display of cartons at an on-airport
duty free shop.".
(2) In section 8(2) of the Tobacco (Amendment) Act
30 2000, paragraph (b) is repealed.
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(3) In section 8(3) of the Tobacco (Amendment) Act
2000--
(a) for proposed paragraphs (c) and (ca)
substitute--
5 "(c) a tobacco advertisement (other than a
display of a tobacco product carried
about on a person) at a point of sale
inside a retail outlet or wholesale outlet
that is in accordance with section 6A;
10 or
(ca) one notice about tobacco products at
one or more points of sale at a retail
outlet or wholesale outlet that complies
with the prescribed requirements as to
15 size, information contained in it and the
manner in which the information is set
out or displayed; or";
(b) in proposed paragraph (cb), for "set out;"
substitute "set out or displayed; or";
20 (c) after proposed paragraph (cb) insert--
"(cc) tickets or labels on, or adjacent to,
representations of immediate packages
of tobacco products in vending
machines displaying retail prices, being
25 tickets or labels that comply with the
prescribed requirements as to size,
information contained in them and the
manner in which the information is set
out or displayed; or".
30 20. Point of sale advertisements
(1) In section 9 of the Tobacco (Amendment) Act
2000, for sub-sections (1) and (2) of proposed
section 6A substitute--
"(1) A tobacco advertisement at one point of sale
35 at a retail outlet or at any point of sale at a
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Act No.
wholesale outlet may advertise a product line
of a tobacco product in one only of the
following ways--
(a) by the display of a single immediate
5 package of the product line in the form
in which the package is available for
sale at that point of sale (including the
display of an immediate package if only
cartons are available for sale);
10 (b) by means of a stack dispenser for
immediate packages of the product line
in the form in which the packages are
available for sale at that point of sale
if--
15 (i) in the case of an angled stack, the
most that is displayed is--
(A) any part of the single
package at the front of the
stack; and
20 (B) any part (other than the face)
of the other packages in the
stack; and
(C) those parts of the faces of the
other packages that bear the
25 warning message required by
the Trade Practices
(Consumer Product
Information Standards)
(Tobacco) Regulations 1994
30 of the Commonwealth; and
(ii) in the case of packages stacked on
top of each other, the most that is
displayed is any part of the
package on the top of the stack
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and any part of the package on the
bottom of the stack;
(c) if the point of sale is a vending
machine, by a single representation of
5 an immediate package of the product
line in the form in which the package is
available, or usually available, for sale
at that point of sale no larger than the
actual size of the package, with the
10 same appearance as the package;
(d) in the case of a product line of cigars,
by the display of either or both of the
following--
(i) up to 13 cigars of the product line
15 in an open box, or in any other
manner;
(ii) a single closed box full of the
product line in the form in which
the box is available for sale at that
20 point of sale.
(2) A tobacco advertisement at any other point
of sale at a retail outlet may advertise a
product line of a tobacco product by means
of a stack dispenser for immediate packages
25 of the product line in the form in which the
packages are available at that point of sale
if--
(a) in the case of an angled stack, the most
that is displayed is--
30 (i) any part (other than the face) of
any package in the stack; and
(ii) those parts of the faces of the
packages that bear the warning
message required by the Trade
35 Practices (Consumer Product
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Tobacco (Further Amendment) Act 2001
s. 20
Act No.
Information Standards) (Tobacco)
Regulations 1994 of the
Commonwealth; and
(b) in the case of packages stacked on top
5 of each other, the most that is displayed
is any part of the package on the top of
the stack (but not including the face or
the top of that package as stacked or the
side or end of that package directly
10 facing the customer) and any part of the
package on the bottom of the stack (but
not including the face or the bottom of
that package as stacked or the side or
end of that package directly facing the
15 customer).".
(2) In section 9 of the Tobacco (Amendment) Act
2000, in proposed section 6A, after sub-section
(4) insert--
"(5) Despite sub-section (4), a product line at a
20 point of sale at a retail outlet that is an on-
airport duty free shop may be displayed in
such a way that--
(a) one carton of the product line is visible;
or
25 (b) in the case of cartons of the same size
as each other, the cartons are stacked
directly behind each other, and the most
that is visible is--
(i) any part of the carton at the front
30 of the stack; and
(ii) any end or the top (or both) of the
next carton in the stack; or
(c) in the case of cartons of different sizes,
the most that is visible is--
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s. 21
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(i) one carton of one size; and
(ii) any end or the top (or both) of one
other carton of that size; and
(iii) the smallest side (or one of the
5 smallest sides) of one carton of
any other size.".
(3) In section 9 of the Tobacco (Amendment) Act
2000, in proposed section 6A, in sub-section (5),
for "(5)" substitute "(6)".
10 (4) In section 9 of the Tobacco (Amendment) Act
2000, in proposed section 6A, for sub-section (6)
substitute--
"(7) The area of display of tobacco products that
constitute a tobacco advertisement referred
15 to in sub-section (1) at a retail outlet must
not exceed the prescribed area.".
(5) In section 9 of the Tobacco (Amendment) Act
2000, in proposed section 6A, in sub-section (7)
for "(7)" substitute "(8)".
20 21. No smoking signs in enclosed restaurants and cafes
and dining areas
(1) In section 13(1) of the Tobacco (Amendment)
Act 2000, in proposed section 15A--
(a) before "If" insert "(1)";
25 (b) for "the prescribed no smoking signs"
substitute "no smoking signs that comply
with sub-section (2)".
(2) In section 13(1) of the Tobacco (Amendment)
Act 2000, at the end of proposed section 15A
30 insert--
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s. 22
Act No.
"(2) A sign referred to in sub-section (1) must
comply with any prescribed requirements as
to size and the information contained in it.".
22. New section 15C substituted
5 In section 13(3) of the Tobacco (Amendment)
Act 2000 for proposed section 15C substitute--
"15C. Retail outlets: signage
(1) The occupier of premises on which a tobacco
retailing business is carried on must cause to
10 be displayed on those premises in
accordance with the regulations--
(a) a health warning sign; or
(b) a sign relating to programs assisting in
the cessation of smoking.
15 Penalty: 10 penalty units.
(2) A sign referred to in sub-section (1) must
comply with any prescribed requirements as
to size, information contained in it (including
where people may obtain more information)
20 and the manner in which the information is
set out or displayed.".
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Tobacco (Further Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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