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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Tobacco Products Regulation (E-Cigarette Regulation)
Amendment Bill 2018
A BILL FOR
An Act to amend the
Tobacco
Products Regulation Act 1997
.
Contents
Part 2—Amendment of Tobacco Products
Regulation Act 1997
4Amendment of section 3—Objects of
Act
5Amendment of section
4—Interpretation
6Amendment of section
6—Requirement for licence
7Amendment of section
9—Licence conditions
8Amendment of Heading to Part 3
9Amendment of section 30—Sale of tobacco
products and e-cigarette products by retail
10Amendment of section 36—Products
designed to resemble tobacco products
11Amendment of section 37—Sale of products
by vending machine
37ASale of
e-cigarette products from temporary outlet
14Amendment of section 38A—Sale or supply
of tobacco products or e-cigarette products to children
15Amendment of section 39—Power to require
evidence of age
16Amendment of section 40—Certain
advertising prohibited
17Amendment of section 41—Prohibition of
certain sponsorships
18Amendment of section 42—Competitions and
reward schemes etc
19Amendment of section 43—Free
samples
20Amendment of section 66—Powers of
authorised officers
21Amendment of section 69—Powers in
relation to seized products
22Amendment of section 70A—Confiscation of
products from children
23Amendment of section
71—Exemptions
24Amendment of section
85—Evidence
25Amendment of section
87—Regulations
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Tobacco Products Regulation (E-Cigarette
Regulation) Amendment Act 2018.
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
Long title—after "products" insert:
, to regulate the sale, advertising and use of e-cigarette
products
4—Amendment
of section 3—Objects of Act
(1) Section 3—after "resources" insert:
, and recognising the potential harm caused by smoking
e-cigarettes
(2) Section 3(b)—after "tobacco products" first occurring
insert:
and e-cigarettes
(3) Section 3(b)(ii)—after "tobacco products" insert:
and e-cigarette products
(4) Section 3(b)(iv)—after "tobacco products" insert:
and e-cigarette products
(5) Section 3(c)—after "tobacco smoke" insert:
and e-cigarette vapour
5—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of advertise—after
"tobacco products" first, second, third and fourth occurring insert:
or e-cigarette products
(2) Section 4(1), definition of advertise— delete ",
and tobacco advertisement and advertisement have
corresponding meanings"
(3) Section 4(1), definition of consume—delete the
definition and substitute:
consume means—
(a) in relation to a tobacco product—
(i) smoke; or
(ii) inhale (in the form of a powder); or
(iii) chew or suck; or
(iv) give away; or
(b) in relation to an e-cigarette—to smoke;
(4) Section 4(1)—after the definition of contract of
service insert:
e-cigarette means—
(a) a device that is designed to generate or release an aerosol or vapour
for inhalation by its user in a manner similar to the inhalation of smoke from
an ignited tobacco product; or
(b) a device of a kind declared by the Minister by notice in the Gazette
to be an e-cigarette,
but does not include a device of a kind prescribed by the regulations not
to be an e-cigarette for the purposes of this definition;
e-cigarette product means—
(a) an e-cigarette; or
(b) any part comprising an e-cigarette; or
(c) a cartridge, capsule or other container designed to contain a liquid,
aerosol, gas, vapour or other substance for use in an e-cigarette; or
(d) a heating element designed for use in an e-cigarette; or
(e) a battery designed for use in an e-cigarette; or
(f) a product of a kind prescribed by the regulations;
(5) Section 4(1), definition of purchase—delete
"tobacco" wherever occurring
(6) Section 4(1), definition of smoke—delete the
definition and substitute:
smoke means—
(a) in relation to a tobacco product—smoke, hold, or otherwise have
control over, an ignited tobacco product; or
(b) in relation to an e-cigarette—to inhale from, hold or otherwise
have control over, an e-cigarette that is in use;
(7) Section 4(1), definition of vending machine—delete
"tobacco"
6—Amendment
of section 6—Requirement for licence
Section 6—after paragraph (a) insert:
(ab) carry on the business of selling e-cigarette products by retail;
or
7—Amendment
of section 9—Licence conditions
(1) Section 9(2)(a)—after "tobacco products" first occurring
insert:
or e-cigarette products (or both)
(2) Section 9(2)(a)—delete "tobacco" second occurring and
substitute:
those
(3) Section 9(2)(b)—after "tobacco products" first occurring
insert:
or e-cigarette products (or both)
(4) Section 9(2)(b)—delete "tobacco" second occurring and
substitute:
those
8—Amendment
of Heading to Part 3
Heading to Part 3—after "tobacco products" insert:
and e-cigarette products
9—Amendment
of section 30—Sale of tobacco products and e-cigarette products by
retail
(1) Section 30(5)—after "tobacco product" first occurring
insert:
or an e-cigarette product
(2) Section 30(5)—delete "tobacco" second occurring
10—Amendment
of section 36—Products designed to resemble tobacco
products
Section 36—after "product" second occurring insert:
or an e-cigarette
11—Amendment
of section 37—Sale of products by vending machine
Section 37—after subsection (2) insert:
(3) A person must not sell e-cigarette products by means of a vending
machine.
Maximum penalty: $5 000.
Expiation fee: $315.
After section 37 insert:
37A—Sale of e-cigarette products from temporary
outlet
(1) A person must
not sell an e-cigarette product by retail from a temporary outlet.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) An occupier of premises must not cause or permit another person to
sell an e-cigarette product by retail on those premises in contravention of
subsection (1)
.
Maximum penalty: $5 000.
Expiation fee: $315.
(3) In this section—
temporary outlet means a booth, stand, tent or other
temporary or mobile structure or enclosure, whether or not part of that booth,
stand, tent, structure or enclosure is permanent.
13—Amendment
of section 38—Carrying tray etc of tobacco products or e-cigarette
products for making of successive retail sales
(1) Section 38(1)—after "tobacco products" first occurring
insert:
or e-cigarette products
(2) Section 38(1)—delete "tobacco" second occurring and
substitute:
those
14—Amendment
of section 38A—Sale or supply of tobacco products or e-cigarette products
to children
(1) Section 38A(1)—after "tobacco product" insert:
or an e-cigarette product
(2) Section 38A(5)—after "tobacco products" first occurring
insert:
or e-cigarette products
(3) Section 38A(6), definition of responsible
person—after "tobacco product" insert:
or an e-cigarette product
15—Amendment
of section 39—Power to require evidence of age
Section 39(1)—after "tobacco product" insert:
or an e-cigarette product
16—Amendment
of section 40—Certain advertising prohibited
(1) Section 40(1)—after "tobacco products" insert:
or e-cigarette products
(2) Section 40(2)(a)—after "tobacco advertisement" insert:
or an e-cigarette advertisement
(3) Section 40(2)(b)—after "tobacco advertisement" insert:
or an e-cigarette advertisement
(4) Section 40(3)(a)—after "tobacco products" insert:
or e-cigarette products
(5) Section 40(3)(b)—after "tobacco products" insert:
or e-cigarette products
17—Amendment
of section 41—Prohibition of certain sponsorships
(1) Section 41(1)(a)—after "tobacco product" first and second
occurring insert:
or an e-cigarette product
(2) Section 41(1)(b)—after "tobacco product" first occurring
insert:
or an e-cigarette product
(3) Section 41(1)(b)—delete "tobacco" second occurring
18—Amendment
of section 42—Competitions and reward schemes etc
(1) Section 42(1)—after "tobacco product" first and second occurring
insert:
or an e-cigarette product
(2) Section 42(1)(b)—after "product" insert:
or an e-cigarette product,
19—Amendment
of section 43—Free samples
(1) Section 43—after "tobacco product" first occurring
insert:
or an e-cigarette product
(2) Section 43—delete "a tobacco" second occurring and
substitute:
the
20—Amendment
of section 66—Powers of authorised officers
Section 66(1)(g)—after "tobacco products" insert:
, e-cigarette products
21—Amendment
of section 69—Powers in relation to seized products
Section 69—after "tobacco products" insert:
or e-cigarette products
22—Amendment
of section 70A—Confiscation of products from children
(1) Section 70A(1)—after "tobacco products" insert:
or e-cigarette products
(2) Section 70A(2)—after "tobacco products" insert:
or e-cigarette products
(3) Section 70A(3)—after "tobacco products" insert:
or e-cigarette products
23—Amendment
of section 71—Exemptions
(1) Section 71(1)(a)—after "person" insert:
, e-cigarette product
(2) Section 71(1)(a)—after "persons" insert:
, e-cigarette products
24—Amendment
of section 85—Evidence
(1) Section 85(2)—after "tobacco products" first occurring
insert:
or e-cigarette products
(2) Section 85(2)—after "tobacco products" second occurring
insert:
or e-cigarette products (as the case requires)
25—Amendment
of section 87—Regulations
(1) Section 87(2)(f)—after "tobacco products" insert:
or e-cigarette products
(2) Section 87(3)—after "tobacco products" first and second
occurring insert:
or e-cigarette products
Schedule 1—Transitional
provision
(1) A licence that
is in force under Part 2 of the
Tobacco
Products Regulation Act 1997
immediately before the commencement of this clause will, on the
commencement of this clause, be taken to authorise the carrying on of the
business of selling e-cigarette products by retail.
(2) A reference to a tobacco product in a licence condition in force
immediately before the commencement of this clause will, on the commencement of
section 7
of this Act, be taken to include a reference to an e-cigarette
product.