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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Tobacco (Control of Tobacco Effects on Minors)
Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF THE TOBACCO ACT 1987 3
3 Amendment of purpose 3
4 New section 5S inserted 3
5S Smoking in motor vehicle in presence of person under
18 years 3
5 New section 10A inserted 4
10A Prohibited tobacco products 4
6 New section 11B inserted 4
11B Minor not permitted to sell tobacco products 4
7 Requesting minor to obtain tobacco product 6
8 New sections 12A, 12B and 12C inserted 6
12A Use etc. of tobacco by persons under 18 years 6
12B Misrepresentation as to age 6
12C Wrongful dealing in evidence of age document etc. 7
9 Repeal 7
10 Power to require name, age and address 7
11 Infringement notices 8
12 New section 38A inserted 9
38A Additional steps required by infringement notice 9
13 Amendment of Schedule 10
PART 3--AMENDMENT OF THE ROAD SAFETY ACT 1986 11
14 Amendment of definition 11
PART 4--REPEAL OF AMENDING ACT 12
15 Repeal of Act 12
ENDNOTES 13
561PM5B.I-10/6/2008 i BILL LC INTRODUCTION 10/6/2008
PARLIAMENT OF VICTORIA
Introduced in the Council by Mr. Damian Drum
Tobacco (Control of Tobacco Effects on
Minors) Bill 2007
A Bill for an Act to amend the Tobacco Act 1987 to further control
the effects of tobacco products on minors by making it an offence to
smoke in motor vehicles in the presence of minors and for minors to
possess tobacco products and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to enhance the health of
persons under the age of 18 years by--
5 (a) prohibiting smoking in a vehicle while a
person under the age of 18 years is present;
and
561PM5B.I-10/6/2008 1 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 1--Preliminary
s. 2
(b) prohibiting the sale of tobacco products that
have been declared by the Minister to be
prohibited tobacco products; and
(c) prohibiting the sale, purchase, possession
5 and use of tobacco products by persons
under the age of 18 years; and
(d) extending tobacco controls at underage
music/dance events to persons under the age
of 18 years.
10 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2009, it comes into
15 operation on that day.
__________________
561PM5B.I-10/6/2008 2 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 2--Amendment of the Tobacco Act 1987
s. 3
PART 2--AMENDMENT OF THE TOBACCO ACT 1987
3 Amendment of purpose
In section 1 of the Tobacco Act 1987, after See:
Act No.
"products" insert ", to create offences in relation 81/1987.
5 to smoking and the possession of tobacco Reprint No. 6
as at
products". 1 March 2006
and
amending
Act Nos
45/2005,
32/2006,
69/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
4 New section 5S inserted
After section 5R of the Tobacco Act 1987
insert--
10 "5S Smoking in motor vehicle in presence of
person under 18 years
(1) Despite anything to the contrary in this Act,
a person must not smoke in a motor vehicle,
whether or not the motor vehicle is in
15 motion, if a person under the age of 18 years
is also present in the motor vehicle.
Penalty: 20 penalty units.
(2) In this section, motor vehicle has the same
meaning as in the Road Safety Act 1986.".
561PM5B.I-10/6/2008 3 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 2--Amendment of the Tobacco Act 1987
s. 5
5 New section 10A inserted
After section 10 of the Tobacco Act 1987
insert--
"10A Prohibited tobacco products
5 (1) The Minister may declare, by notice
published in the Government Gazette, that a
tobacco product, or a class of tobacco
products, specified in the notice is a
prohibited tobacco product.
10 (2) The Minister must not make a declaration
under subsection (1) unless the Minister is
satisfied that--
(a) the tobacco product or the smoke of the
product possesses a distinctive fruity,
15 sweet or confectionary-like character;
and
(b) the nature of the tobacco product or the
way in which it is advertised might
encourage young people to smoke.
20 (3) The Minister, by further notice published in
the Government Gazette, may vary or revoke
a declaration under this section.
(4) A person must not sell a prohibited tobacco
product by retail.
25 Penalty: 50 penalty units.".
6 New section 11B inserted
After section 11A of the Tobacco Act 1987
insert--
"11B Minor not permitted to sell tobacco
30 products
(1) A person who carries on or manages a
tobacco retailing business or a tobacco
wholesaling business, other than a business
561PM5B.I-10/6/2008 4 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 2--Amendment of the Tobacco Act 1987
s. 6
referred to in subsection (3), must not permit
a person under the age of 18 years to sell a
tobacco product.
Penalty: 10 penalty units.
5 (2) A person under the age of 18 years must not
sell a tobacco product in the course of his or
her employment in a tobacco retailing
business or a tobacco wholesaling business,
other than a business referred to in
10 subsection (3).
Penalty: 1 penalty unit.
(3) This section does not apply to a tobacco
retailing business or a tobacco wholesaling
business--
15 (a) that is a small family-owned and
operated business; and
(b) in which the sale of tobacco products is
not the main business.
(4) For the purposes of subsection (3), a small
20 family-owned and operated business means
a business in which--
(a) the owners of the business are also its
principal operators; and
(b) there are not more than 5 employees
25 (whether full-time or part-time),
excluding the owners of the business.".
561PM5B.I-10/6/2008 5 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 2--Amendment of the Tobacco Act 1987
s. 7
7 Requesting minor to obtain tobacco product
After section 12(1) of the Tobacco Act 1987
insert--
"(1A) A person must not request another person
5 whom he or she knows or believes to be
under the age of 18 years to purchase a
tobacco product.
Penalty: 5 penalty units.".
8 New sections 12A, 12B and 12C inserted
10 After section 12 of the Tobacco Act 1987
insert--
"12A Use etc. of tobacco by persons under
18 years
(1) A person under the age of 18 years must not
15 smoke in a public place.
Penalty: 5 penalty units.
(2) A person under the age of 18 years must not
purchase a tobacco product.
Penalty: 5 penalty units.
20 (3) A person under the age of 18 years must not
obtain a tobacco product from a vending
machine.
Penalty: 5 penalty units.
(4) A person under the age of 18 years must not
25 possess a tobacco product in a public place.
Penalty: 5 penalty units.
12B Misrepresentation as to age
A person under the age of 18 years must not
represent that he or she is of or over the age
30 of 18 years for the purpose of--
561PM5B.I-10/6/2008 6 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 2--Amendment of the Tobacco Act 1987
s. 9
(a) smoking in a public place; or
(b) purchasing a tobacco product; or
(c) obtaining a tobacco product from a
vending machine; or
5 (d) possessing a tobacco product in a
public place.
Penalty: 1 penalty unit.
12C Wrongful dealing in evidence of age
document etc.
10 (1) A person must not knowingly allow an
evidence of age document issued to the
person, or any other document that enables
the person's identity and age to be
determined, to be used by a person under the
15 age of 18 years to contravene this Act.
Penalty: 5 penalty units.
(2) A person must not wilfully or negligently
deface or interfere with an evidence of age
document, or any other document that
20 enables a person's identity and age to be
determined, for the purpose of contravening
this Act.
Penalty: 5 penalty units.".
9 Repeal
25 Section 15K of the Tobacco Act 1987 is
repealed.
10 Power to require name, age and address
(1) Insert the following heading to section 36C of the
Tobacco Act 1987--
30 "Power to require name, age and address".
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Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 2--Amendment of the Tobacco Act 1987
s. 11
(2) After section 36C(1) of the Tobacco Act 1987
insert--
"(1A) An inspector may request a person to state
his or her age or date of birth if the inspector
5 believes on reasonable grounds that the
person has committed, or is about to commit,
an offence against section 12A or 12B.".
(3) In section 36C(2) of the Tobacco Act 1987, after
"subsection (1)" insert "or (1A)".
10 (4) In section 36C(3) of the Tobacco Act 1987--
(a) in paragraph (c), for "business." substitute
"business; or";
(b) after paragraph (c) insert--
"(d) state an age or date of birth that is false
15 in a material particular.".
(5) For the penalty at the foot of section 36C(3) of the
Tobacco Act 1987 substitute--
"Penalty: If the person is of or over the age of
18 years, 5 penalty units;
20 If the person is under the age of
18 years, 1 penalty unit.".
11 Infringement notices
After section 38(3) of the Tobacco Act 1987
insert--
25 "(4) For the purposes of subsection (1), an
infringement notice to be served on a person
under the age of 18 years may include details
of the additional steps (if any) required to
expiate the offence.".
561PM5B.I-10/6/2008 8 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 2--Amendment of the Tobacco Act 1987
s. 12
12 New section 38A inserted
After section 38 of the Tobacco Act 1987
insert--
"38A Additional steps required by infringement
5 notice
(1) Additional steps required to expiate an
offence referred to in section 38(1) may
include--
(a) the notification of a parent or guardian
10 of the person under the age of 18 years;
(b) a requirement that the person under the
age of 18 years complete an approved
anti-tobacco education course.
(2) If an infringement notice requires additional
15 steps to be taken to expiate an offence and,
within the required period, the person served
with the infringement notice informs the
inspector or police member that those steps
have been taken, the inspector or police
20 member must--
(a) without delay, find out whether or not
those steps have been taken; and
(b) serve on the person a notice stating
whether or not those steps have been
25 taken.
(3) In this section--
approved anti-tobacco education course
means a program that is approved by
the Secretary, by notice published in
30 the Government Gazette, for the
purposes of this section;
561PM5B.I-10/6/2008 9 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 2--Amendment of the Tobacco Act 1987
s. 13
required period means--
(a) the period set out in the
infringement notice for taking
additional steps; or
5 (b) if the inspector or police member
allows, the period within which
late payment is to be made in
accordance with section 15 of the
Infringements Act 2006.".
10 13 Amendment of Schedule
In the Schedule to the Tobacco Act 1987, for
items 19, 20 and 21 substitute--
"19. An offence against section 12(1) 1 penalty unit
20. An offence against section 12(2) 1 penalty unit
21. An offence against section 12(3) 1 penalty unit
21A. An offence against section 12A(1) 1 penalty unit
21B. An offence against section 12A(2) 1 penalty unit
21C. An offence against section 12A(3) 1 penalty unit
21D. An offence against section 12A(4) 1 penalty unit
21E. An offence against section 12B 1 penalty unit".
__________________
561PM5B.I-10/6/2008 10 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 3--Amendment of the Road Safety Act 1986
s. 14
PART 3--AMENDMENT OF THE ROAD SAFETY ACT 1986
14 Amendment of definition
In section 3(1) of the Road Safety Act 1986, in
the definition of traffic infringement, after
5 paragraph (f) insert--
"(g) an offence against section 5S of the Tobacco
Act 1987 which is a prescribed offence for
the purposes of Part 7; or".
__________________
561PM5B.I-10/6/2008 11 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Part 4--Repeal of Amending Act
s. 15
PART 4--REPEAL OF AMENDING ACT
15 Repeal of Act
This Act is repealed on 1 July 2010.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561PM5B.I-10/6/2008 12 BILL LC INTRODUCTION 10/6/2008
Tobacco (Control of Tobacco Effects on Minors) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561PM5B.I-10/6/2008 13 BILL LC INTRODUCTION 10/6/2008
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