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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Tobacco Products Regulation (Miscellaneous) Amendment
Bill 2007
A BILL FOR
An Act to amend the Tobacco Products Regulation
Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Tobacco Products Regulation
Act 1997
4 Repeal of section 34
5 Substitution of section
37—Sale of tobacco products by vending machine
37 Sale
of tobacco products by vending machine
6 Amendment of section
42—Competitions and reward schemes, etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Tobacco Products Regulation (Miscellaneous)
Amendment Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Tobacco Products Regulation
Act 1997
Section 34—delete the section
5—Substitution of
section 37—Sale of tobacco products by vending
machine
Section 37—delete the section and substitute:
37—Sale of tobacco products by vending
machine
(1) A person must not sell cigarettes or any other tobacco product by
means of a vending machine unless—
(a) the vending machine is situated—
(i) in an area delineated under a gaming machine licence under the
Gaming Machines Act 1992 as the area in which gaming machines may be
operated pursuant to the licence and no other such vending machine is situated
in the gaming area or any other part of the premises in respect of which the
licence is in force under the Liquor Licensing Act 1997;
or
(ii) in some other part of premises in respect of which a licence is in
force under the Liquor Licensing Act 1997 and no other such vending
machine is situated in the premises in respect of which the licence is in force;
or
(iii) in a part of the casino in which the public are permitted to engage
in gambling activities under the Casino Act 1997 and no other such
vending machine is situated in the casino; and
(b) subject to subsection (2), the machine is only able to be
operated by—
(i) in the case of premises in respect of which a licence is in force
under the Liquor Licensing Act 1997—the holder of the licence
or an employee of the holder of the licence; or
(ii) in the case of the casino—an employee of the casino;
or
(iii) in any case—
(A) by the use of a token or similar device supplied to the person by a
person referred to in subparagraph (i) or (ii); or
(B) by remote control operated by a person referred to in
subparagraph (i) or (ii).
Maximum penalty: $5 000.
Expiation fee: $315.
(2) The requirements of subsection (1)(b) apply—
(a) in relation to a vending machine in use on the day subsection (1)
commences—as of 1 June 2010; or
(b) in any other case—as of 1 June 2008.
6—Amendment of
section 42—Competitions and reward schemes, etc
(1) Section 42(1)(a)—after subparagraph (ii) insert:
(iii) a number of points, or a similar device, by the accumulation of
which a person may become entitled to, or qualify for, a prize, gift or other
benefit (whether the entitlement or qualification is absolute or conditional);
or
(2) Section 42(2)—delete subsection (2) and substitute:
(2) It is a defence to a charge of an offence against
subsection (1)(a) to prove that it was not practicable for the person to
identify the particular item or items purchased that gave rise to the supply of
the benefit or thing.