TOBACCO CONTROL LEGISLATION AMENDMENT BILL 2014 Explanatory Statement

TOBACCO CONTROL LEGISLATION AMENDMENT BILL 2014

MINISTER FOR HEALTH

Serial No. 88

EXPLANATORY STATEMENT

This Bill amends the Tobacco Control Act and the Tobacco Control Regulations.

The main purpose of the Bill is to protect children from the effects of second hand tobacco smoke whilst in motor vehicles. The Bill also requires wholesalers of tobacco to provide information about the quantity of tobacco products supplied to retailers.

The Bill redrafts offences contained in the Act so the offences reflect compliance with Part IIAA of the Criminal Code, which establishes requirements for criminal responsibility.

This is a formal clause which provides for the citation of the Bill. The Bill, when assented to, will be cited as the Tobacco Control Legislation Amendment Act 2014 (the Amendment Act).

This clause provides the Act will comment on the date fixed by the Administrator. The commencement date will be published by Gazette notice.

This clause inserts further and substitutes definitions in the Tobacco Control Act.

This clause inserts a new section in the Act that establishes the criminal responsibility provisions of Part IIAA of the Criminal Code apply to the offences contained in the Act.

This clause amends section 9. The amendments are minor and are of statute law revision nature.

This clause omits and inserts a redrafted offence in section 10(1). The provision establishes that a person commits an offence if the person smokes in an area of the premises and the area is a smoke free area, a maximum penalty of 20 penalty units applies. Sub-clause (2) provides that strict liability applies to the offence.

This clause inserts a new offence in the Act where a person smokes in a motor vehicle with children under the age of 16. The provision establishes that where a person who is 16 years or older smokes in a motor vehicle and the motor vehicle is on a public street or in a public place and a child under 16 years is in the motor vehicle, that person commits an offence. A maximum penalty of 20 penalty units applies to the offence. Sub-clause (2) provides that strict liability applies to the offence.

This clause amends the penalty provisions contained in section 12(1),(2) and (3) of the Act. The clause inserts a new maximum penalty of 100 penalty units. Subclause (2) amends the offence in section 12(4) from a regulatory offence to an offence of strict liability.

This clause replaces the penalty provision in section 13. The clause inserts a new maximum penalty of 20 penalty units.

This clause replaces the penalty provision in section 14. The clause inserts a new maximum penalty of 20 penalty units.

This clause replaces the penalty provision in section 15(1). The clause inserts a new maximum penalty of 200 penalty units.

This clause replaces the penalty provision in section 16. The clause inserts a new maximum penalty of 200 penalty units.

This clause replaces section 17 of the Act with a redrafted offence provision. The clause establishes that a person commits an offence if the person engages in price discounting of a product and the product is a tobacco product and the person advertises the price discounting of the product. A maximum penalty of 20 penalty units applies to the offence.

This clause replaces the penalty provision in section 18. The clause inserts a new maximum penalty of 20 penalty units.

This clause replaces the penalty provision in section 19(1). The clause inserts a new maximum penalty of 200 penalty units.

This clause replaces the penalty provision in section 20(1). The clause inserts a new maximum penalty of 20 penalty units. Subclause (2) replaces the offence in section 20(3) from a regulatory offence to an offence of strict liability.

This clause replaces the penalty provision in section 22(4). The clause inserts a new maximum penalty of 20 penalty units. Subclause (2) replaces the offence in section 22(5) from a regulatory offence to an offence of strict liability.

This clause replaces the penalty provision in section 23(1). The clause inserts a new maximum penalty of 100 penalty units. Subclause (2) replaces the offence in section 23(2) from a regulatory offence to an offence of strict liability.

This clause repeals and inserts redrafted offence provisions for sections 25 (Point of sale restrictions), section 26 (Vending machine restrictions) and section 27 (Signs to be displayed at point of sale other than vending machine).

This clause replaces the penalty provision in section 28. The clause inserts a maximum penalty of 500 penalty units.

This clause replaces the penalty provision in section 30. The clause inserts a maximum penalty of 100 penalty units.

This clause replaces the penalty provision in section 33. The clause inserts a maximum penalty of 20 penalty units.

This clause replaces the penalty provision in section 37. The clause inserts a maximum penalty of 20 penalty units.

This clause replaces the penalty provision in section 42(1). The clause inserts a maximum penalty of 200 penalty units.

This clause amends sections 43(1) to provide the standard of knowledge required for this offence is where the person (supplier) knows or ought reasonably to know the person being supplied the product is a child. Subclause (2) replaces the penalty provisions in sections 43(1) and (2). The clause inserts a maximum penalty of 200 penalty units.

This clause replaces section 45 with a redrafted provision for the offence of false identification. The clause provides a person commits an offence if that person uses photographic identification and that identification is false or belongs to another person and the person does so with the intent to obtain a tobacco product. The clause inserts a maximum penalty of 20 penalty units.

This clause replaces the penalty provision in section 46. The clause inserts a maximum penalty of 20 penalty units.

This clause inserts a new subsection after section 48(2) to provide an offence against subsection (2) is an offence of strict liability.

This clause inserts a new section in the Act to allow an authorised officer the power to stop a motor vehicle and smoking in a motor vehicle.

This clause amends section 52(b). The amendments are minor and are of statute law revision nature.

This clause replaces the penalty provision in section 52. The clause inserts a maximum penalty of 100 penalty units.

This clause replaces the penalty provision in section 53(2). The clause inserts a maximum penalty of 100 penalty units.

This clause inserts a new subsection after section 53 that requires wholesalers of tobacco to provide information about the quantity of tobacco products supplied to retailers. The clause inserts a maximum penalty of 100 penalty units.

This clause replaces section 54 with a redrafted provision for the offence of misleading information. The clause provides a person commits an offence if that person provides misleading information to another person. The clause inserts a maximum penalty of 100 penalty units. The clause provides a person commits an offence if that person provides a document that contains misleading information to another person. The clause inserts a maximum penalty of 100 penalty units.

This clause replaces section 57 with a redrafted provision for the offence of disclosure of confidential information. The clause provides a person commits an offence if that person provides confidential information to another person. The clause inserts a maximum penalty of 100 penalty units.

This clause replaces the penalty provision in regulation 8A(4). The clause inserts a maximum penalty of 100 penalty units.

This clause repeals Regulation 22 which is a redundant regulation after amendments in 2010.

This clause amends the schedule of penalty units for infringements to reflect the amendments in the Tobacco Control Act.

Northern Territory Explanatory Statements

TOBACCO CONTROL LEGISLATION AMENDMENT BILL 2014