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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Tobacco (Miscellaneous Amendments) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Agents and employees of tobacco retailers 4
6. New section 3C inserted 4
3C.Bingo area 4
7. Controls relating to tobacco products 4
8. New section 5BA inserted 4
5BA. Enclosed restaurants and cafes and dining areas: no
smoking signs 4
9. New sections 5E to 5R inserted 5
5E. Retail shopping centres: no smoking signs 5
5F. Bingo areas and centres: offence by smoker 6
5G. Bingo areas and centres: offence by occupier 6
5H. Bingo areas and centres: no smoking signs 7
5I. Casinos: offence by smoker 8
5J. Casinos: offence by occupier 8
5K. Casinos: no smoking signs 9
5L. Approved venues: offence by smoker 10
5M. Approved venues: offence by occupier 11
5N. Approved venues: no smoking signs 12
5O. Licensed premises: non-smoking rooms 13
5P. Licensed premises: offence by smokers 13
5Q. Licensed premises: offence by occupier 14
5R. Licensed premises: no smoking signs 15
10. Consequential amendments to Part 2 15
11. New section 41A inserted 16
41A. No double jeopardy 16
12. New section 42AA inserted 16
42AA. Victorian Casino and Gaming Authority and Director
of Gaming and Betting to supply Secretary with certain
information 16
13. Supreme Court--limitation of jurisdiction 18
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Clause Page
14. Infringement notices 18
15. Amendment of Gaming Machine Control Act 1991 19
ENDNOTES 21
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541278B.A1-30/5/2002 BILL LA AS SENT 22-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 May 2002
As amended by Assembly 30 May 2002
A BILL
to make miscellaneous amendments to the Tobacco Act 1987, to
amend the Gaming Machine Control Act 1991 and for other
purposes.
Tobacco (Miscellaneous Amendments)
Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Tobacco
Act 1987--
(a) to prohibit smoking in places where bingo is
5 played;
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(b) to limit smoking in licensed premises,
gaming venues and the casino;
(c) for other minor purposes.
2. Commencement
5 (1) Section 1, this section and sections 3, 4(3), 5, 12
and 15 come into operation on the day after the
day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 September 2002.
10 3. Principal Act
See: In this Act, the Tobacco Act 1987 is called the
Act No.
Principal Act.
81/1987.
Reprint No. 4
as at
1 January
2002.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions
(1) In section 3 of the Principal Act, insert the
15 following definitions--
' "approved venue" has the same meaning as in
the Gaming Machine Control Act 1991;
"bar area", in relation to a casino, means an area
in the casino that is used predominantly for
20 the serving and consumption of alcoholic
drinks;
"bingo" has the same meaning as in the Gaming
No. 2 Act 1997;
"bingo area" has the meaning given by
25 section 3C;
"bingo centre" has the same meaning as in the
Gaming No. 2 Act 1997;
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"casino" has the same meaning as in the Casino
Control Act 1991;
"declared smoking area", in relation to a casino,
means an area declared under section 5I(4);
5 "designated non-smoking room", in relation to
licensed premises, means a room designated
under section 5O(1);
"gaming machine" has the same meaning as in
the Gaming Machine Control Act 1991;
10 "gaming machine area" has the same meaning
as in the Gaming Machine Control Act
1991;
"gaming room" means a room in an approved
venue in which gaming machines available
15 for gaming are installed;
"high roller room" means a room in a casino that
is used substantially for gaming by
international visitors to the casino;
"licensed premises" means premises in respect
20 of which a general licence, an on-premises
licence or a club licence within the meaning
of the Liquor Control Reform Act 1998 is
in force, other than premises that are a
restaurant or cafe or a bingo centre;
25 "minor gaming permit" means a permit issued
under section 15 of the Gaming No. 2 Act
1997;
"room" means an enclosed room;
"TAB area", in relation to a casino, means an
30 area in the casino in which wagering or
approved betting competitions (within the
meaning of the Gaming and Betting Act
1994) or both are conducted in accordance
with the wagering licence granted under
35 Part 2 of that Act;'.
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(2) In section 3 of the Principal Act, in the definition
of "enclosed"--
(a) after "area" (where first occurring) insert
", room"; and
5 (b) after "area" (where secondly occurring)
insert "or room".
(3) In section 3 of the Principal Act, in the definition
of "product line", paragraph (a) is repealed.
5. Agents and employees of tobacco retailers
10 Section 3B of the Principal Act is repealed.
6. New section 3C inserted
Before section 3D of the Principal Act insert--
"3C. Bingo area
For the purposes of this Act, an area (other
15 than an outdoor area) is a bingo area at any
time when the predominant activity in that
area is the conducting of a session of bingo
under a minor gaming permit.".
7. Controls relating to tobacco products
20 After the heading to Part 2 of the Principal Act
insert--
"Division 1--No Smoking Areas".
8. New section 5BA inserted
After section 5B of the Principal Act insert--
25 "5BA. Enclosed restaurants and cafes and dining
areas: no smoking signs
(1) The occupier of an enclosed restaurant or
cafe, or of a dining area, is guilty of an
offence if, without reasonable excuse,
30 no smoking signs that comply with sub-
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section (2) are not displayed, or are not
displayed in the prescribed manner (if any).
Penalty: 5 penalty units.
(2) A sign referred to in sub-section (1) must
5 comply with any prescribed requirements as
to size and the information contained in it.".
9. New sections 5E to 5R inserted
After section 5D of the Principal Act insert--
'5E. Retail shopping centres: no smoking signs
10 (1) The owner of a retail shopping centre or, if
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
15 enclosed areas of the centre as would
reasonably identify those areas of the centre
as no smoking areas for persons entering
them.
Penalty: 5 penalty units in the case of a
20 natural person.
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.
25 (3) In this section--
"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
30 the land, or any part of the land, on
which the retail shopping centre is
situated.
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5F. Bingo areas and centres: offence by smoker
(1) A person must not smoke in a bingo area or
bingo centre.
Penalty: 5 penalty units.
5 (2) If an inspector believes on reasonable
grounds that a person is committing or has
committed an offence against sub-section
(1), the inspector, on producing his or her
identity card, may direct the person to cease
10 the contravention.
(3) A person who is contravening sub-section
(1) must not, without reasonable excuse, fail
to comply with a direction by an inspector to
cease the contravention.
15 Penalty: 5 penalty units.
5G. Bingo areas and centres: offence by
occupier
(1) If smoking occurs in a bingo area or bingo
centre in contravention of section 5F(1), the
20 occupier of the bingo area or bingo centre is
guilty of an offence.
Penalty: 5 penalty units.
(2) It is a defence to a prosecution under sub-
section (1) if the defendant proves that the
25 defendant did not provide an ashtray,
matches, a lighter or any other thing
designed to facilitate smoking where the
contravention occurred and that--
(a) the defendant was not aware, and could
30 not reasonably be expected to have
been aware, that the contravention was
occurring; or
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(b) the defendant--
(i) requested the person contravening
to stop smoking; and
(ii) informed the person that the
5 person was committing an
offence.
5H. Bingo areas and centres: no smoking signs
(1) The occupier of a bingo area or bingo centre
is guilty of an offence if, without reasonable
10 excuse, no smoking signs that comply with
sub-section (2) are not displayed in
accordance with that sub-section.
Penalty: 5 penalty units.
(2) Signs referred to in sub-section (1)--
15 (a) must contain--
(i) a no smoking symbol in the form
of a circle and diagonal line
printed in red over a depiction of a
cigarette and smoke printed in
20 black, or other symbol that clearly
indicates that smoking is not
permitted, with the symbol being
at least 70mm in height; and
(ii) the phrase "No Smoking" or
25 "Smoking Prohibited", or other
wording that clearly indicates that
smoking is not permitted, in
letters that are at least 20mm in
height; and
30 (b) must be displayed in a manner that
ensures that a person is reasonably
likely to see one or more of them either
on entering the bingo area or bingo
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centre or from within the bingo area or
bingo centre.
5I. Casinos: offence by smoker
(1) A person must not smoke in a casino, except
5 in a declared smoking area.
Penalty: 5 penalty units.
(2) If an inspector believes on reasonable
grounds that a person is committing or has
committed an offence against sub-section
10 (1), the inspector, on producing his or her
identity card, may direct the person to cease
the contravention.
(3) A person who is contravening sub-section
(1) must not, without reasonable excuse, fail
15 to comply with a direction by an inspector to
cease the contravention.
Penalty: 5 penalty units.
(4) For the purpose of this section, the Minister,
by notice published in the Government
20 Gazette, may declare an area in a casino that,
in the Minister's opinion, is a bar area, a
TAB area or a high roller room to be a
declared smoking area.
(5) The Minister, by notice published in the
25 Government Gazette, may revoke or vary a
declaration under sub-section (4).
(6) The Minister must consult the Minister
administering Part 2 of the Casino Control
Act 1991 before making, revoking or
30 varying a declaration under this section.
5J. Casinos: offence by occupier
(1) If smoking occurs in an area of a casino in
contravention of section 5I(1), the occupier
of the area is guilty of an offence.
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Penalty: 5 penalty units.
(2) It is a defence to a prosecution under sub-
section (1) if the defendant proves that the
defendant did not provide an ashtray,
5 matches, a lighter or any other thing
designed to facilitate smoking where the
contravention occurred and that--
(a) the defendant was not aware, and could
not reasonably be expected to have
10 been aware, that the contravention was
occurring; or
(b) the defendant--
(i) requested the person contravening
to stop smoking; and
15 (ii) informed the person that the
person was committing an
offence.
5K. Casinos: no smoking signs
(1) The occupier of an area of a casino, other
20 than a declared smoking area, is guilty of an
offence if, without reasonable excuse,
no smoking signs that comply with sub-
section (2) are not displayed in accordance
with that sub-section.
25 Penalty: 5 penalty units.
(2) Signs referred to in sub-section (1)--
(a) must contain--
(i) a no smoking symbol in the form
of a circle and diagonal line
30 printed in red over a depiction of a
cigarette and smoke printed in
black, or other symbol that clearly
indicates that smoking is not
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permitted, with the symbol being
at least 70mm in height; and
(ii) the phrase "No Smoking" or
"Smoking Prohibited", or other
5 wording that clearly indicates that
smoking is not permitted, in
letters that are at least 20mm in
height; and
(b) must be displayed in a manner that
10 ensures that a person is reasonably
likely to see one or more of them either
on entering the area or from within the
area.
5L. Approved venues: offence by smoker
15 (1) A person must not smoke in a gaming
machine area in an approved venue that
consists of only one room (not including a
toilet, bathroom, hallway, foyer, storeroom
or similar room) that--
20 (a) in the case of a club--is regularly open
to members of the club or members of
the public; or
(b) in any other case--is regularly open to
members of the public.
25 Penalty: 5 penalty units.
(2) A person must not smoke in a gaming room
in an approved venue that consists of two or
more rooms (not including a toilet,
bathroom, hallway, foyer, storeroom or
30 similar room) that--
(a) in the case of a club--are regularly
open to members of the club or
members of the public; or
(b) in any other case--are regularly open to
35 members of the public.
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Penalty: 5 penalty units.
(3) If an inspector believes on reasonable
grounds that a person is committing or has
committed an offence against sub-section (1)
5 or (2), the inspector, on producing his or her
identity card, may direct the person to cease
the contravention.
(4) A person who is contravening sub-section
(1) or (2) must not, without reasonable
10 excuse, fail to comply with a direction by an
inspector to cease the contravention.
Penalty: 5 penalty units.
5M. Approved venues: offence by occupier
(1) If smoking occurs in a gaming machine area
15 or gaming room in contravention of
section 5L, the occupier of the area or room
is guilty of an offence.
Penalty: 5 penalty units.
(2) It is a defence to a prosecution under sub-
20 section (1) if the defendant proves that the
defendant did not provide an ashtray,
matches, a lighter or any other thing
designed to facilitate smoking where the
contravention occurred and that--
25 (a) the defendant was not aware, and could
not reasonably be expected to have
been aware, that the contravention was
occurring; or
(b) the defendant--
30 (i) requested the person contravening
to stop smoking; and
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(ii) informed the person that the
person was committing an
offence.
5N. Approved venues: no smoking signs
5 (1) The occupier of a gaming machine area or
gaming room in which smoking is prohibited
by section 5L is guilty of an offence if,
without reasonable excuse, no smoking signs
that comply with sub-section (2) are not
10 displayed in accordance with that sub-
section.
Penalty: 5 penalty units.
(2) Signs referred to in sub-section (1)--
(a) must contain--
15 (i) a no smoking symbol in the form
of a circle and diagonal line
printed in red over a depiction of a
cigarette and smoke printed in
black, or other symbol that clearly
20 indicates that smoking is not
permitted, with the symbol being
at least 70mm in height; and
(ii) the phrase "No Smoking" or
"Smoking Prohibited", or other
25 wording that clearly indicates that
smoking is not permitted, in
letters that are at least 20mm in
height; and
(b) must be displayed in a manner that
30 ensures that a person is reasonably
likely to see one or more of them either
on entering the gaming machine area or
gaming room or from within the area or
room.
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5O. Licensed premises: non-smoking rooms
(1) If licensed premises at any time have two
or more rooms in operation, the occupier
of the licensed premises must designate
5 one of those rooms to be a non-smoking
room.
Penalty: 5 penalty units.
(2) For the purposes of sub-section (1)--
(a) a room does not include--
10 (i) a gaming room; or
(ii) a toilet, bathroom, hallway, foyer,
storeroom or other similar room;
and
(b) a room is in operation when--
15 (i) in the case of a club--it is open to,
and available for use by, members
of the club or members of the
public; or
(ii) in any other case--it is open to,
20 and available for use by, members
of the public.
(3) Nothing in this section is to be taken as
limiting the requirements of section 5A, 5B
or 5BA in relation to dining areas.
25 5P. Licensed premises: offence by smokers
(1) A person must not smoke in a
designated non-smoking room of licensed
premises.
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Penalty: 5 penalty units.
(2) If an inspector believes on reasonable
grounds that a person is committing or has
committed an offence against sub-section
5 (1), the inspector, on producing his or her
identity card, may direct the person to cease
the contravention.
(3) A person who is contravening sub-section
(1) must not, without reasonable excuse, fail
10 to comply with a direction by an inspector to
cease the contravention.
Penalty: 5 penalty units.
5Q. Licensed premises: offence by occupier
(1) If smoking occurs in a designated non-
15 smoking room in contravention of section
5P(1), the occupier of the room is guilty of
an offence.
Penalty: 5 penalty units.
(2) It is a defence to a prosecution under sub-
20 section (1) if the defendant proves that the
defendant did not provide an ashtray,
matches, a lighter or any other thing
designed to facilitate smoking where the
contravention occurred and that--
25 (a) the defendant was not aware, and could
not reasonably be expected to have
been aware, that the contravention was
occurring; or
(b) the defendant--
30 (i) requested the person contravening
to stop smoking; and
(ii) informed the person that the
person was committing an
offence.
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Act No.
5R. Licensed premises: no smoking signs
(1) The occupier of a designated non-smoking
room is guilty of an offence if, without
reasonable excuse, no smoking signs that
5 comply with sub-section (2) are not
displayed in accordance with that sub-
section.
Penalty: 5 penalty units.
(2) Signs referred to in sub-section (1)--
10 (a) must contain--
(i) a no smoking symbol in the form
of a circle and diagonal line
printed in red over a depiction of a
cigarette and smoke printed in
15 black, or other symbol that clearly
indicates that smoking is not
permitted, with the symbol being
at least 70mm in height; and
(ii) the phrase "No Smoking" or
20 "Smoking Prohibited", or other
wording that clearly indicates that
smoking is not permitted, in
letters that are at least 20mm in
height; and
25 (b) must be displayed in a manner that
ensures that a person is reasonably
likely to see one or more of them either
on entering the designated non-smoking
room or from within the room.'.
30 10. Consequential amendments to Part 2
In the Principal Act--
(a) in section 5C(4), for "section 15B"
substitute "section 5E";
(b) before section 6 insert--
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s. 11
Act No.
"Division 2--Advertising and Other
Controls";
(c) sections 15A and 15B are repealed.
11. New section 41A inserted
5 After section 41 of the Principal Act insert--
"41A. No double jeopardy
If an act or omission constitutes more than
one offence against this Act, the offender is
liable to be prosecuted for any or all of those
10 offences but is not liable to be punished
more than once for the same act or
omission.".
12. New section 42AA inserted
After section 42 of the Principal Act insert--
15 '42AA. Victorian Casino and Gaming Authority
and Director of Gaming and Betting to
supply Secretary with certain information
(1) In this section--
"Authority" means the Victorian Casino
20 and Gaming Authority established
under the Gaming and Betting Act
1994;
"commencement day" means the
commencement of section 12 of the
25 Tobacco (Miscellaneous
Amendments) Act 2002;
"Director" means the Director of Gaming
and Betting appointed under the
Gaming and Betting Act 1994;
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Tobacco (Miscellaneous Amendments) Act 2002
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"relevant approved venue" means an
approved venue of a kind referred to in
section 5L(1).
(2) As soon as practicable after the
5 commencement day, the Authority must
provide to the Secretary a plan of a relevant
approved venue showing any gaming
machine area in that venue as at the
commencement day.
10 (3) If at any time after the commencement day
the Authority, under Part 2A of the Gaming
Machine Control Act 1991, varies the
approval of a gaming machine area in a
relevant approved venue, the Authority must
15 provide to the Secretary, as soon as
practicable after making that variation, a
revised plan of the approved venue showing
any gaming machine area in that venue as at
that time.
20 (4) If at any time after the commencement day
the Director, under section 29 of the Gaming
Machine Control Act 1991, approves a
modification of a gaming machine area in a
relevant approved venue, the Director must
25 provide to the Secretary, as soon as
practicable after granting that approval,
details of the modification.
(5) If at any time after the commencement day
the Authority, under Part 2A of the Gaming
30 Machine Control Act 1991, approves a
gaming machine area in a relevant approved
venue, the Authority must provide to the
Secretary, as soon as practicable after the
granting of that approval, a plan of the
35 approved venue showing any gaming
machine area in that venue as at that time.
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(6) If at any time after the commencement day
the approval of a gaming machine area in a
relevant approved venue is, under Part 2A of
the Gaming Machine Control Act 1991,
5 cancelled, revoked or surrendered, the
Authority must provide to the Secretary, as
soon as practicable after that event, details of
the cancellation, revocation or surrender.
(7) The Secretary may provide to an inspector
10 any plan, revised plan or information
provided to the Secretary in accordance with
this section, despite anything to the contrary
in the Gaming Machine Control Act 1991
or any other Act.'.
15 13. Supreme Court--limitation of jurisdiction
In section 42B of the Principal Act, after sub-
section (2) insert--
"(3) It is the intention of section 42, as it has
effect on and after the commencement of
20 sections 8 and 9 of the Tobacco
(Miscellaneous Amendments) Act 2002, to
alter or vary section 85 of the Constitution
Act 1975.".
14. Infringement notices
25 In the Schedule to the Principal Act--
(a) after item 2 insert--
"2A. An offence against 1 penalty unit";
section 5BA(1)
(b) after item 3A insert--
"3B. An offence against 1 penalty unit
section 5E(1)
3C. An offence against 1 penalty unit
section 5F(1)
3D. An offence against 1 penalty unit
section 5G(1)
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Tobacco (Miscellaneous Amendments) Act 2002
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3E. An offence against 1 penalty unit
section 5H(1)
3F. An offence against 1 penalty unit
section 5I(1)
3G. An offence against 1 penalty unit
section 5J(1)
3H. An offence against 1 penalty unit
section 5K(1)
3I. An offence against 1 penalty unit
section 5L(1) or (2)
3J. An offence against 1 penalty unit
section 5M(1)
3K. An offence against 1 penalty unit
section 5N(1)
3L. An offence against 1 penalty unit
section 5O(1)
3M. An offence against 1 penalty unit
section 5P(1)
3N. An offence against 1 penalty unit
section 5Q(1)
3O. An offence against 1 penalty unit";
section 5R(1)
(c) items 9 and 10 are repealed.
15. Amendment of Gaming Machine Control Act 1991
See:
In section 139 of the Gaming Machine Control Act No.
Act 1991, before sub-section (5) insert-- 53/1991.
Reprint No. 8
5 "(4D) Nothing in this section applies to prohibit or as at
28 August
restrict the provision of-- 2001
and
(a) a plan or revised plan of; or amending
Act Nos
(b) details of the cancellation, revocation or 117/1993,
90/1997,
surrender of the approval of a gaming
88/2000 and
10 machine area in; or 11/2002.
LawToday:
(c) details of the approval of a modification www.dms.
dpc.vic.
of a gaming machine area in-- gov.au
19
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Tobacco (Miscellaneous Amendments) Act 2002
Act No.
an approved venue of a kind referred to in
section 5L(1) of the Tobacco Act 1987 in
accordance with section 42AA of that Act.".
20
541278B.A1-30/5/2002 BILL LA AS SENT 22-10-2004
Tobacco (Miscellaneous Amendments) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
21
541278B.A1-30/5/2002 BILL LA AS SENT 22-10-2004
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