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Tobacco (Further Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 sets out the main purpose of the Act, which is to make various
amendments to the Tobacco Act 1987 and the Tobacco
(Amendment) Act 2000--
(a) to regulate the advertisement and sale of tobacco
products;
(b) to widen the ban on smoking in shopping centres;
(c) to increase inspectors' powers in relation to the inspection
and measurement of tobacco advertisements.
Clause 2 is the commencement provision. The commencement scheme is
as follows--
· Day after Royal Assent: Part 1, section 16 (Supreme
Court--limitation of jurisdiction) and Part 3
(amendments to Tobacco (Amendment) Act 2000).
· 1 July 2001: section 8 (supply of non-tobacco products
in connection with tobacco products).
· 1 October 2001: sections 7 (generic tobacco
advertisements), 9 (mobile selling of tobacco products),
10 (unpackaged cigarettes), 12 (signs in retail outlets on
sales to minors), 15 (proceedings) and 17(2)
(infringement notices).
· 1 November 2001: sections 3(2), 4, 5, 6 and 11 (no
smoking in retail shopping centres).
· 1 January 2002: the remaining provisions of the Act (ie:
sections 3(1), 13, 14 and 17(1) (point of sale
advertising)).
541184 BILL LA CIRCULATION 6/4/2001
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PART 2--TOBACCO ACT 1987
Clause 3 defines various terms for the purposes of the Tobacco Act 1987,
and repeals the definition of "controlled shopping centre", which
will no longer be used in that Act.
Clause 4 repeals section 3C of the Tobacco Act 1987. That provision
allowed for a retail shopping centre to be declared to be a
shopping centre to which that Act applies. The Act is now to
apply to all retail shopping centres.
Clause 5 amends section 5C of the Tobacco Act 1987 to create an offence
of smoking in an enclosed area of a retail shopping centre.
Clause 6 substitutes section 5D(1) of the Tobacco Act 1987 to create an
offence for the occupier of an enclosed area of a retail shopping
centre if smoking occurs in that area.
Clause 7 amends section 6(3)(d) of the Tobacco Act 1987 to restrict the
exemption for tobacco advertisements that do not contain a
trademark or brand name to those types of advertisements that
are located within a retail outlet. This means that generic
tobacco advertisements, such as those which advertise discount
cigarettes, may now only be located inside a retail outlet.
Clause 8 amends section 7 of the Tobacco Act 1987 to prohibit the supply
of any non-tobacco products or other benefits in connection with,
or for the purposes of, promoting the sale of a tobacco product,
whether or not a separate charge is made for them.
Clause 9 inserts a new section 13A in the Tobacco Act 1987 which
prohibits the mobile selling of tobacco products, and also
prohibits authorising another person to do so.
Clause 10 amends section 14 of the Tobacco Act 1987 to extend the ban on
selling cigarettes in a package containing less than 20 so that it
now also includes selling unpackaged cigarettes. Cigarettes must
now be sold only in packages containing at least 20 cigarettes.
Clause 11 substitutes section 15B of the Tobacco Act 1987 to impose a
requirement on the owners of retail shopping centres to display
no smoking signs.
Clause 12 inserts a new sub-section (3) in section 15C of the Tobacco Act
1987 to impose an obligation on tobacco retailers to display a
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sign relating to the prohibition on the sale of tobacco products to
persons under the age of 18 years.
Clause 13 amends section 36B(2) of the Tobacco Act 1987 to ensure that
inspectors are required to produce their identity cards before
exercising the power given by new section 36E(2), to be inserted
by clause 14.
Clause 14 inserts a new sub-section (2) in section 13E of the Tobacco Act
1987 to allow inspectors to inspect and measure a tobacco
advertisement that is visible to the customer at any time the
relevant premises are open to the public, even where the
advertisement is in a part of the premises that are not open to the
public (such as behind the service counter). The inclusion of this
power in section 36E means that inspectors may inspect and
measure the advertisement without having to seek the consent of
the occupier or obtain a search warrant.
Clause 15 removes the requirement in section 39 of the Tobacco Act 1987
for the Minister to consent in writing before proceedings can be
brought for an offence against section 6 (which prohibits certain
tobacco advertisements).
Clause 16 inserts a new sub-section (2) in section 42B of the Tobacco Act
1987 to express the intention of section 42 of that Act as it
applies after the commencement of the various provisions of this
amending Act to alter or vary section 85 of the Constitution Act
1975.
Clause 17 amends the Schedule to the Tobacco Act 1987 to allow for an
infringement notice to be issued for offences against sections
6(2B), 13A and 14 of the Tobacco Act 1987. These are the
provisions that prohibit the display of a tobacco product at a
place other than a point of sale, the mobile selling of tobacco
products and the sale of cigarettes that are not in a package
containing at least 20 cigarettes.
PART 3--TOBACCO (AMENDMENT) ACT 2000
Clause 18 amends the commencement provision of the Tobacco
(Amendment) Act 2000. Sections 7(1) and 13(1) and (3) of that
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Act (no-smoking in restaurants and signs in retail outlets) will
still come into operation on 1 July 2001. However, sections 8, 9,
10 and 16(1)(b) (point of sale advertising) will now come into
operation on 1 January 2002.
Clause 19 contains a number of amendments to section 8 of the Tobacco
(Amendment) Act 2000, which will amend section 6 of the
Tobacco Act 1987 (tobacco advertisements). Clauses 19(1) and
(2) ensure that tobacco products may only be displayed at a point
of sale. Clause 19(3)(a) allows for tobacco displays at a point of
sale and representations of tobacco products on vending
machines, provided that those displays comply with section 6A
of the Tobacco Act 1987. Clause 19(3)(a) also allows for
notices about tobacco products (price boards) at a point of sale
that comply with the prescribed requirements. Clause 19(3)(b)
allows for the regulations regarding price tickets to deal with the
way in which those price tickets may be displayed. Clause
19(3)(c) allows for price tickets on vending machines that meet
the prescribed requirements.
Clause 20 amends section 9 of the Tobacco (Amending) Act 2000, which
will insert a new section 6A in the Tobacco Act 1987. The new
section 6A will regulate the way in which tobacco products may
be displayed at a point of sale and the way in which
representations of tobacco products may be displayed on vending
machines. It also provides that the area of display of tobacco
products at a point of sale at a retail outlet must not exceed the
prescribed area. The clause makes a number of amendments to
the way in which tobacco products may be displayed, including
the display of cartons at on-airport duty free shops.
Clause 21 amends section 13 of the Tobacco (Amendment) Act 2000,
which will insert a new section 15A in the Tobacco Act 1987.
That new section deals with no smoking signs that must be
displayed in enclosed restaurants, cafes and dining areas.
The amendment requires those signs to meet requirements to be
prescribed.
Clause 22 amends section 13(3) of the Tobacco (Amendment) Act 2000
which will insert a new section 15C in the Tobacco Act 1987 to
require the occupier of a retail outlet to display either a health
warning sign or a sign relating to programs assisting in the
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cessation of smoking. The revised new section 15C requires
those signs to meet requirements to be prescribed.
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