TOBACCO PRODUCTS CONTROL ACT 2006 (NO. 5 OF 2006)
TOBACCO PRODUCTS CONTROL ACT 2006 (NO. 5 OF 2006)
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Purposes of the Act
4. Meanings of terms used in this Act
5. Application to Crown
PART 2 -- Sale and supply
Division 1 -- Supply to people under
6. Supply etc. to people under 18 prohibited
7. Purchase on behalf of people under 18 prohibited
8. Vending machines not to be operated by people under 18
9. Indirect sales: proof of age required
10. Marking of goods for delivery
11. Delivery of goods: proof of age required
12. Refusal of supply etc. if no proof of age
13. Defence: age of receiver
14. Defence: Australia Post workers
15. Proof of age
Division 2 -- Sale of tobacco products
16. Retailers of tobacco products to be licensed
17. Wholesalers of tobacco products to be licensed
18. Indirect sellers of tobacco products to be licensed
19. Labelling of tobacco products
20. One retail sale point only
21. Retail sale of cigarettes
22. Display of tobacco products
23. Defences in relation to certain display requirements
24. Information about availability, price of tobacco products
25. Warnings
26. Information and advice
27. Vending machines restricted to and at certain premises
28. Mobile selling of tobacco products
29. Price discounting not to be advertised
30. Smokeless tobacco
PART 3 -- Advertising and promotion
31. Tobacco advertisements restricted
32. Certain advertisements and information not prohibited
33. Prizes, competitions
34. Free samples
35. Sponsorships
PART 4 -- Licensing
Division 1 -- Licensing procedures
36. Individuals and bodies corporate may be licensed
37. Application for licence
38. How and when to apply for renewal
39. Issue, renewal, of licences
40. Notice of decisions
41. Conditions and restrictions of general application
42. Conditions and restrictions of particular application
43. Term of licence
44. Amendment of licence to apply to different premises
45. Register of licences
Division 2 -- Powers of courts and State Administrative Tribunal
46. Review of licensing decisions
47. Suspension, revocation, disqualification from holding licences
48. Courts’ powers on conviction
49. Suspension of licence by SAT for non-compliance
50. Matters relating to court, SAT powers
Division 3 -- Further obligations of licence holders
51. Breach of condition or restriction
52. Display of retailer’s licence
53. Production of licence
54. Replacement licences
55. Return of licence
56. Licence details on invoices etc.
57. Duties of wholesalers
58. Records to be kept
PART 5 -- Western Australian Health Promotion Foundation and administration
Division 1 -- The Foundation
59. Foundation established
60. Agent of the Crown
61. Membership of Foundation
62. Constitution and proceedings
63. Remuneration and allowances
64. Functions
65. Powers
66. Foundation may delegate
67. Minister may give directions
68. Minister to have access to information
Division 2 -- Staff
69. Staff of Foundation
70. Use of other government staff, etc.
Division 3 -- Financial provisions
71. Funds of Foundation, appropriation
72. Temporary investment of money in Fund
73. Application of Financial Administration and Audit Act 1985
Division 4 -- The CEO
74. CEO may delegate
75. CEO may carry out research etc.
PART 6 -- Investigations
Division 1 -- Investigators and investigation purposes
76. Appointment of investigators
77. Appointment of restricted investigators
78. Powers of restricted investigators
79. Police have powers of investigator
80. CEO has powers of investigator
81. Identity cards
82. Identity card etc. to be shown
83. Investigation purposes
Division 2 -- Obtaining identifying information
84. Investigator may ask for name, address, etc.
Division 3 -- Powers in relation to premises
85. Power to enter premises
86. Residential premises
87. Warrants to enter premises
88. Identification, warrant to be shown
89. Powers of investigator relating to premises
90. Offences
91. Taking things from premises
92. Access to, and return of, things taken from premises
93. Use of force
Division 4 -- Compliance surveys and controlled purchase operations
94. Definitions
95. Controlled purchase officers
96. Compliance surveys and controlled purchase operations
97. Reporting
PART 7 -- Enforcement
Division 1 -- Young persons with tobacco products or smoking implements
98. Definitions
99. Seizing tobacco products etc. from young persons
100. Young person to provide information
101. Parent may be informed, approved guide provided
102. Limitation of powers of investigator
Division 2 -- Offences
103. False or misleading information: providing to CEO, investigators
104. False information about tobacco products, tobacco control information
105. Offence to possess certain tobacco products
106. Products resembling tobacco products, packages
107. Obstruction
108. Corporations or employers, conduct on behalf of
109. Liability of the officers of bodies corporate
110. Liability of employers
Division 3 -- Prosecutions
111. When a prosecution can be commenced
112. Consent to be given for certain prosecutions
113. Evidentiary matters
114. Evidentiary status of copies and reproductions of documents
Division 4 -- Penalties
115. General penalties
116. Continuing offences, penalties for
Division 5 -- Seized things and forfeiture
117. Storage of seized things
118. Expenses of storage payable by convicted person
119. Forfeiture on conviction
120. Dealing with unclaimed seized things
PART 8 -- Miscellaneous
121. Protection from liability for wrongdoing
122. Execution of documents by the Foundation
123. Confidentiality
124. Regulations
125. Regulations about smoking in public places
126. Repeals, transitional provisions, consequential amendments to other Acts
127. Review of Act
SCHEDULE 1 -- Constitution and proceedings of Foundation
SCHEDULE 2 -- Repeals, transitional provisions, consequential amendments to other Acts
[Assented to 12 April 2006]
GLOSSARY