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This is a Bill, not an Act. For current law, see the Acts databases.


TOBACCO PRODUCTS REGULATION (BAN ON CHILDREN SMOKING) AMENDMENT BILL 2009

South Australia

Tobacco Products Regulation (Ban On Children Smoking) Amendment Bill 2009

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 Amendment of section 3—Objects of Act
5 Amendment of section 38A—Sale or supply of tobacco products to children
6 Insertion of section 49
49 Smoking etc by children prohibited
7 Amendment of section 63—Appointment of authorised officers


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Tobacco Products Regulation (Ban On Children Smoking) Amendment Act 2009.

2—Commencement

This Act will come into operation 3 months after the date of assent.

3—Amendment provisions

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

4—Amendment of section 3—Objects of Act

Section 3(b)—after subparagraph (i) insert:

(ia) by prohibiting children smoking;

5—Amendment of section 38A—Sale or supply of tobacco products to children

(1) Section 38A—after subsection (1) insert:

(1a) For the purposes of this section, a tobacco product will be taken to have been sold or supplied to a child if a person provides a token to, or other assistance to, the child for the operation of a vending machine that is designed to sell tobacco products.

(2) Section 38A(2)—delete "minor" wherever occurring and substitute in each case:

child

6—Insertion of section 49

After section 48 insert:

49—Smoking etc by children prohibited

(1) A child must not smoke.

Maximum penalty: $5 000.

Expiation fee: $315.

(2) A child must not have a tobacco product in his or her possession.

Maximum penalty: $5 000.

Expiation fee: $315.

(3) A child must not attempt to purchase (whether by retail sale, from a vending machine or otherwise) or otherwise obtain a tobacco product.

Maximum penalty: $5 000.

Expiation fee: $315.

(4) Subsections (2) and (3) do not apply to a child who has in his or her possession, or who attempts to purchase or otherwise obtain, a tobacco product in the ordinary course of his or her employment or otherwise for the purpose of sale by retail in accordance with this Act.

(5) If a child is alleged to have committed an offence against this section, then, before a prosecution is commenced, an expiation notice must be given to the alleged offender under the Expiation of Offences Act 1996.

(6) Despite section 6 of the Expiation of Offences Act 1996, an expiation notice for an offence against this section may be given to a child who has attained the age of 15 years.

(7) Non-compliance with subsection (5) does not invalidate a prosecution.

7—Amendment of section 63—Appointment of authorised officers

Section 63—after subsection (4) insert:

(5) Without limiting any other provision of this Act, the following persons are authorised officers for the purposes of the enforcement of section 49:

(a) authorised officers within the meaning of the Local Government Act 1999;

(b) authorised officers within the meaning of the Environment Protection Act 1993;

(c) fisheries officers within the meaning of the Fisheries Act 1982;

(d) forest wardens within the meaning of the Forestry Act 1950;

(e) wardens within the meaning of the National Parks and Wildlife Act 1972;

(f) authorised officers within the meaning of the Natural Resources Management Act 2004;

(g) wardens within the meaning of the Wilderness Protection Act 1992.

 


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