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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Tobacco and Other Smoking
Products Amendment Bill
2004
Queensland
Tobacco and Other Smoking Products
Amendment Bill 2004
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 9A (Supplier must take prevention measures) . 6
5 Amendment of s 10 (Individual supplier must not supply smoking
products to children). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 11 (Supplier must ensure employees do not
supply smoking products to children) . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 12 (When employee of supplier liable) . . . . . . . 7
8 Replacement of s 13 (Suppliers may be prohibited from selling
smoking products) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Order prohibiting or restricting sale of smoking
products .............................. 8
9 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13A Power to require details of retail suppliers . . . . . . . . . 9
10 Amendment of s 15 (Restriction on location of tobacco product
vending machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 19 (Supply prohibited) . . . . . . . . . . . . . . . . . . . . 10
12 Insertion of new pt 2, div 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3B False representation of age
19A Person must not falsely represent age . . . . . . . . . . . . 11
13 Amendment of s 20 (Supplier must display a prohibition sign). . . 11
14 Amendment of s 21 (Person in charge of tobacco product
vending machine must attach or display a prohibition sign) . . . . . 11
15 Amendment of s 22 (Cigarettes and herbal cigarettes must be
sold in packages) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Replacement of ss 23 and 23A . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Loose tobacco must be sold in packages. . . . . . . . . . 12
2
Tobacco and Other Smoking Products Amendment Bill
2004
23A Loose smoking blend must be sold in packages . . . . 12
17 Amendment of s 24 (Supply of food or toys resembling tobacco
products) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Insertion of new pt 2A, div 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 1AA Definitions
26AA Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Replacement of s 26A (Advertising and display to be as provided
in this division) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
26A Advertising and display to be as provided in this
division ............................... 13
20 Amendment of s 26B (Location of display of smoking products) . 13
21 Insertion of new 26CA and 26CB . . . . . . . . . . . . . . . . . . . . . . . . . 14
26CA One smoking product display only per retail outlet. . . 14
26CB Size of smoking product display . . . . . . . . . . . . . . . . . 14
22 Amendment of 26D (Manner of display of immediate package of
smoking product) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Replacement of s 26F (Manner of display of cartons of smoking
products) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26F Display of health warning on humidified container
and humidified room. . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Amendment of s 26H (Display of retail prices of smoking
product) ...................................... 16
25 Insertion of new ss 26HA and 26HB . . . . . . . . . . . . . . . . . . . . . . 16
26HA Certain business names allowed . . . . . . . . . . . . . . . . 16
26HB Use of `tobacconist' in advertising . . . . . . . . . . . . . . . 16
26 Amendment of s 26I (Mandatory quit smoking sign) . . . . . . . . . . 17
27 Amendment of s 26L (Supply of object or entitlement that
promotes smoking product etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Amendment of s 26M (Supply of object or entitlement in
association with smoking product sale or consumption) . . . . . . . 17
29 Amendment of s 26N (Smoking product giveaways) . . . . . . . . . . 17
30 Amendment of s 26O (Competition that promotes smoking
product) ...................................... 18
31 Amendment of s 26P (Conduct of competition in association with
smoking product sale or consumption). . . . . . . . . . . . . . . . . . . . . 18
32 Insertion of new s 26PA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26PA Image of consumption of smoking product. . . . . . . . . 18
33 Amendment of s 26Q (Definitions for pt 2B). . . . . . . . . . . . . . . . . 18
34 Amendment of s 26R (Person must not smoke in enclosed
place) ........................................ 19
3
Tobacco and Other Smoking Products Amendment Bill
2004
35 Insertion of new s 26RA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26RA Regulation may require areas of licensed premises
to be set aside as nonsmoking areas. . . . . . . . . . . . . 19
36 Amendment of s 26S (No smoking sign) . . . . . . . . . . . . . . . . . . . 20
37 Omission of s 26T (No right to smoke in enclosed place) . . . . . . 20
38 Amendment of s 26U (Person smoking must stop when
directed) ................................... 21
39 Amendment of s 26V (Offence by occupier). . . . . . . . . . . . . . . . . 21
40 Insertion of new pt 2C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 2C Smoke-free outdoor places
Division 1 Outdoor eating or drinking places
26W Meaning of outdoor eating or drinking place . . . . . . . 21
26X Person must not smoke at outdoor eating or drinking
place ............................... 22
26Y Person smoking must stop when directed . . . . . . . . . 22
26Z Offence by occupier . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26ZA Designating an outdoor smoking area . . . . . . . . . . . . 23
26ZB Obligations of licensee of premises with designated
outdoor smoking area ...................... 24
26ZC Smoking management plans . . . . . . . . . . . . . . . . . . . 25
Division 2 Major sports facilities
26ZD Meaning of major sports facility . . . . . . . . . . . . . . . . . 26
26ZE Person must not smoke at major sports facility . . . . . 26
26ZF Person smoking must stop when directed . . . . . . . . . 26
26ZG Offence by occupier . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3 Other outdoor places
26ZH Person must not smoke at a patrolled beach . . . . . . . 27
26ZI Person must not smoke at a prescribed outdoor
swimming area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
26ZJ Person must not smoke near building entrance . . . . . 28
26ZK Person must not smoke near children's playground
equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
26ZL Person smoking must stop when directed . . . . . . . . . 30
26ZM State and local governments administer this division. 30
26ZN Role of local government . . . . . . . . . . . . . . . . . . . . . . 30
26ZO State may require report from local government . . . . 30
26ZP Fines payable to local government . . . . . . . . . . . . . . . 31
41 Replacement of ss 27 to 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4
Tobacco and Other Smoking Products Amendment Bill
2004
27 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
29 Qualifications for appointment . . . . . . . . . . . . . . . . . . 32
30 Appointment conditions and limit on powers . . . . . . . 32
30A Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 32
30B Production or display of identity card . . . . . . . . . . . . . 33
30C When authorised person ceases to hold office . . . . . 33
30D Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
30E Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Replacement of s 48 (Compensation) . . . . . . . . . . . . . . . . . . . . . 34
48 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
43 Insertion of new s 51C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
51C Act does not create or preserve right to smoke . . . . . 35
44 Omission of s 52 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . . . 35
45 Amendment of s 53 (Regulation-making power) . . . . . . . . . . . . . 35
46 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
54 Transitional--court order under s 13 . . . . . . . . . . . . . 36
55 Transitional--amendment of regulation . . . . . . . . . . . 36
47 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 36
48 Amendments--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Schedule Amendment of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Tobacco and Other Smoking Products Regulation 1998 . . . . . . . 40
2004
A Bill
for
An Act to amend the Tobacco and Other Smoking Products Act
1998 and for other purposes
s1 6 s4
Tobacco and Other Smoking Products Amendment Bill
2004
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Tobacco and Other Smoking 3
Products Amendment Act 2004. 4
Clause 2 Commencement 5
(1) Sections 3, 5(1) and (2), 9, 35, 47(1) and 47(5) commence on 6
assent. 7
(2) Sections 33(2), 37, 40 (except to the extent it inserts new 8
part 2C, division 1), 41 to 43, 45, 47(2), 47(6) and 47(9) 9
commence on 1 January, 2005. 10
(3) Sections 4, 5(3), 6 to 8, 10 to 32, 46, 47(3), 47(7), 47(10), 48 11
and the schedule commence on 31 December, 2005. 12
(4) Sections 33(1), 33(3), 34, 36, 38, 39, 40 (to the extent it 13
inserts new part 2C, division 1), 47(4) and 47(8) commence 14
on 1 July, 2006. 15
(5) Section 44 commences on a day to be fixed by proclamation. 16
Clause 3 Act amended 17
This Act amends the Tobacco and Other Smoking Products 18
Act 1998. 19
Clause 4 Amendment of s 9A (Supplier must take prevention 20
measures) 21
Section 9A(1), penalty, `20 penalty units'-- 22
omit, insert-- 23
`40 penalty units'. 24
s5 7 s7
Tobacco and Other Smoking Products Amendment Bill
2004
Clause 5 Amendment of s 10 (Individual supplier must not supply 1
smoking products to children) 2
(1) Section 10, heading, `Individual supplier'-- 3
omit, insert-- 4
`Supplier'. 5
(2) Section 10(1), other than the penalty-- 6
omit, insert-- 7
`(1) A supplier must not supply a smoking product to a child.'. 8
(3) Section 10(1), penalty-- 9
omit, insert-- 10
`Maximum penalty-- 11
(a) for a first offence--140 penalty units; or 12
(b) for a second offence--280 penalty units; or 13
(c) for a third or later offence--420 penalty units.'. 14
Clause 6 Amendment of s 11 (Supplier must ensure employees do 15
not supply smoking products to children) 16
Section 11(1), penalty-- 17
omit, insert-- 18
`Maximum penalty-- 19
(a) for a first offence--140 penalty units; or 20
(b) for a second offence--280 penalty units; or 21
(c) for a third or later offence--420 penalty units.'. 22
Clause 7 Amendment of s 12 (When employee of supplier liable) 23
Section 12(2), penalty-- 24
omit, insert-- 25
`Maximum penalty-- 26
(a) for a first offence--20 penalty units; or 27
(b) for a second or later offence--40 penalty units.'. 28
s8 8 s9
Tobacco and Other Smoking Products Amendment Bill
2004
Clause 8 Replacement of s 13 (Suppliers may be prohibited from 1
selling smoking products) 2
Section 13-- 3
omit, insert-- 4
`13 Order prohibiting or restricting sale of smoking 5
products 6
`(1) This section applies if a supplier is convicted of an offence 7
against section 10 or 11. 8
`(2) The court sentencing the supplier for the offence may, on its 9
own initiative or the application of the prosecutor, make an 10
order-- 11
(a) prohibiting the supply of all or stated smoking products 12
by the supplier; or 13
(b) imposing conditions or restrictions on the supply of 14
smoking products by the supplier. 15
`(3) The period of the order must not be more than-- 16
(a) for a first offence--6 months; or 17
(b) for a second offence--1 year; or 18
(c) for a third or later offence--3 years. 19
`(4) If, when the offence happened, the supplier supplied smoking 20
products at more than 1 outlet, the order may apply only to an 21
outlet where the offence happened. 22
`(5) The court may make the order in addition to imposing another 23
penalty to which the supplier is liable because of the 24
conviction. 25
`(6) A person must not contravene an order under this section. 26
Maximum penalty--420 penalty units. 27
`(7) A conviction under subsection (6) for contravening an order 28
does not affect the continuation of the order.'. 29
Clause 9 Insertion of new s 13A 30
Part 2, division 1, after section 13-- 31
insert-- 32
s9 9 s9
Tobacco and Other Smoking Products Amendment Bill
2004
`13A Power to require details of retail suppliers 1
`(1) This section applies if the chief executive reasonably believes 2
a manufacturer or wholesaler of smoking products has 3
supplied smoking products to suppliers for sale at retail 4
outlets. 5
`(2) The chief executive may, by written notice given to the 6
manufacturer or wholesaler, require the manufacturer or 7
wholesaler to give all or any of the following information (the 8
contact information) to the chief executive for each supplier 9
to which the manufacturer or wholesaler has supplied 10
smoking products-- 11
(a) the name of the supplier; 12
(b) if a supplier trades under a business name, that business 13
name; 14
(c) the address of the supplier's retail outlet; 15
(d) the supplier's postal address; 16
(e) the supplier's phone number; 17
(f) the supplier's fax number and email address. 18
`(3) The notice must state-- 19
(a) the period before the date of the notice, not exceeding 20
12 months, for which the contact information is 21
required; and 22
(b) a date, not less than 28 days from the date of the notice, 23
by which the contact information must be given to the 24
chief executive; and 25
(c) the way the contact information must be given to the 26
chief executive. 27
28
Example--
29
The notice may require the contact information to be given by
30
fax or email.
`(4) The manufacturer or wholesaler must comply with the notice, 31
unless the manufacturer or wholesaler has a reasonable 32
excuse. 33
Maximum penalty--70 penalty units. 34
s 10 10 s 12
Tobacco and Other Smoking Products Amendment Bill
2004
`(5) The chief executive may use contact information or disclose 1
contact information to a person only for the following 2
purposes-- 3
(a) compiling and keeping a list of suppliers so that the 4
suppliers may be advised about matters relating to this 5
Act, including the requirements applying to suppliers; 6
(b) monitoring or enforcing compliance with this Act.'. 7
Clause 10 Amendment of s 15 (Restriction on location of tobacco 8
product vending machines) 9
(1) Section 15(2)(a), `if'-- 10
omit, insert-- 11
`if the use of'. 12
(2) Section 15(2)(c)-- 13
omit, insert-- 14
`(c) a gaming machine area, if each tobacco product vending 15
machine in the area-- 16
(i) can be easily observed by employees of the person 17
in charge of the tobacco product vending machine; 18
and 19
(ii) is not more than 1 m from a gaming machine in the 20
gaming machine area.'. 21
Clause 11 Amendment of s 19 (Supply prohibited) 22
Section 19(1), penalty, `70 penalty units'-- 23
omit, insert-- 24
`140 penalty units'. 25
Clause 12 Insertion of new pt 2, div 3B 26
After part 2, division 3A-- 27
insert-- 28
s 13 11 s 15
Tobacco and Other Smoking Products Amendment Bill
2004
`Division 3B False representation of age 1
`19A Person must not falsely represent age 2
`A person must not falsely represent himself or herself to have 3
attained 18 years for the purpose of being supplied with a 4
smoking product. 5
Maximum penalty--20 penalty units.'. 6
Clause 13 Amendment of s 20 (Supplier must display a prohibition 7
sign) 8
Section 20(1), penalty, `10 penalty units'-- 9
omit, insert-- 10
`20 penalty units'. 11
Clause 14 Amendment of s 21 (Person in charge of tobacco product 12
vending machine must attach or display a prohibition 13
sign) 14
Section 21, penalty, `10 penalty units'-- 15
omit, insert-- 16
`20 penalty units'. 17
Clause 15 Amendment of s 22 (Cigarettes and herbal cigarettes 18
must be sold in packages) 19
(1) Section 22(1), penalty, `70 penalty units'-- 20
omit, insert-- 21
`140 penalty units'. 22
(2) Section 22(2), penalty, `70 penalty units'-- 23
omit, insert-- 24
`140 penalty units'. 25
s 16 12 s 18
Tobacco and Other Smoking Products Amendment Bill
2004
Clause 16 Replacement of ss 23 and 23A 1
Sections 23 and 23A-- 2
omit, insert-- 3
`23 Loose tobacco must be sold in packages 4
`(1) A supplier must not sell loose tobacco except in a package. 5
Maximum penalty--140 penalty units. 6
`(2) A supplier must not sell loose tobacco in a package containing 7
less than 25 g of loose tobacco. 8
Maximum penalty--140 penalty units. 9
`23A Loose smoking blend must be sold in packages 10
`(1) A supplier must not sell loose smoking blend except in a 11
package. 12
Maximum penalty--140 penalty units. 13
`(2) A supplier must not sell loose smoking blend in a package 14
containing less than 15 g of loose smoking blend. 15
Maximum penalty--140 penalty units.'. 16
Clause 17 Amendment of s 24 (Supply of food or toys resembling 17
tobacco products) 18
Section 24(1), penalty, `70 penalty units'-- 19
omit, insert-- 20
`140 penalty units'. 21
Clause 18 Insertion of new pt 2A, div 1AA 22
Part 2A, before division 1-- 23
insert-- 24
s 19 13 s 20
Tobacco and Other Smoking Products Amendment Bill
2004
`Division 1AA Definitions 1
`26AA Definitions for pt 2A 2
`In this part-- 3
humidified container means a container in which the 4
humidity is controlled to preserve the quality of cigars in the 5
container. 6
humidified room means a room in which the humidity is 7
controlled to preserve the quality of cigars in the room. 8
smoking product means a tobacco product, herbal cigarette, 9
loose smoking blend or cigarette papers.'. 10
Clause 19 Replacement of s 26A (Advertising and display to be as 11
provided in this division) 12
Section 26A-- 13
omit, insert-- 14
`26A Advertising and display to be as provided in this 15
division 16
`(1) A supplier must not advertise or display, or cause to be 17
advertised or displayed, a smoking product other than at a 18
retail outlet. 19
Maximum penalty--140 penalty units. 20
`(2) A supplier must not advertise or display, or cause to be 21
advertised or displayed, a smoking product at a retail outlet in 22
any way other than a way specifically provided for in another 23
section of this division. 24
Maximum penalty--140 penalty units.'. 25
Clause 20 Amendment of s 26B (Location of display of smoking 26
products) 27
(1) Section 26B(4)-- 28
omit. 29
s 21 14 s 21
Tobacco and Other Smoking Products Amendment Bill
2004
(2) Section 26B(5)-- 1
renumber as subsection (4). 2
(3) Section 26B(6)-- 3
omit. 4
Clause 21 Insertion of new 26CA and 26CB 5
After section 26C-- 6
insert-- 7
`26CA One smoking product display only per retail outlet 8
`(1) Smoking products may be displayed at a retail outlet at 9
1 place only. 10
`(2) Smoking products are taken to be displayed at more than 11
1 place if the display of the smoking products is not 12
continuous. 13
`(3) Despite subsection (2), cigars may be displayed in a 14
humidified container that is separate from the rest of the 15
display. 16
`(4) The following are taken not to be a display, or part of a 17
display, of smoking products-- 18
(a) cigars in a humidified room if customers are not able to 19
see into the room; 20
(b) a tobacco product vending machine. 21
`26CB Size of smoking product display 22
`(1) The area of the surface of a display of smoking products may 23
be not more than-- 24
(a) for a tobacconist--3 m2; or 25
(b) otherwise--1 m2. 26
`(2) The area of the surface of a display of smoking products 27
includes any surface of a humidified container through which 28
a customer can see the contents of the container. 29
s 22 15 s 23
Tobacco and Other Smoking Products Amendment Bill
2004
`(3) The area of the surface of a display of smoking products is 1
taken to include the whole of the area within the perimeter of 2
the display.'. 3
Clause 22 Amendment of 26D (Manner of display of immediate 4
package of smoking product) 5
(1) Section 26D(1)(b), `subsection (2)'-- 6
omit, insert-- 7
`this section'. 8
(2) Section 26D(3)-- 9
renumber as section 26D(5). 10
(3) Section 26D-- 11
insert-- 12
`(3) Immediate packages in a stack dispenser may not be arranged 13
as a display panel. 14
`(4) Immediate packages in a stack dispenser are taken to be 15
arranged as a display panel if-- 16
(a) the packages are arranged in a way that highlights the 17
immediate packages to a person facing the stack 18
dispenser, including by leaving spaces between the 19
packages; and 20
(b) the packages in the stack dispenser visible to a person 21
facing the dispenser are considerably less in number 22
than the packages that could be fitted into the same area 23
of a stack dispenser that is designed to maximise the 24
number of packages in the area visible to a person facing 25
the dispenser.'. 26
Clause 23 Replacement of s 26F (Manner of display of cartons of 27
smoking products) 28
Section 26F-- 29
omit, insert-- 30
s 24 16 s 25
Tobacco and Other Smoking Products Amendment Bill
2004
`26F Display of health warning on humidified container 1
and humidified room 2
`(1) A humidified container or humidified room at a retail outlet 3
must, on the container or the door to the room, have the same 4
warning message and explanatory message as the warning 5
message and explanatory message with which a retail package 6
containing cigars is required to be labelled under the Trade 7
Practices (Consumer Product Information Standards) 8
(Tobacco) Regulations 2004 (Cwlth). 9
`(2) The warning message and explanatory message must be 10
displayed on the container or door in the way prescribed under 11
a regulation.'. 12
Clause 24 Amendment of s 26H (Display of retail prices of smoking 13
product) 14
Section 26H-- 15
insert-- 16
`(2) A display of smoking products must not include anything else 17
about the price of a smoking product including, for example, a 18
thing that states the price is discounted.'. 19
Clause 25 Insertion of new ss 26HA and 26HB 20
In part 2A, division 1, after section 26H-- 21
insert-- 22
`26HA Certain business names allowed 23
`A supplier does not advertise or display a smoking product 24
merely by using a business name that includes a reference to a 25
smoking product. 26
`26HB Use of `tobacconist' in advertising 27
`A supplier who is a tobacconist does not advertise or display 28
a smoking product merely by using the word `tobacconist' in 29
an advertisement or display for the tobacconist's business.'. 30
s 26 17 s 29
Tobacco and Other Smoking Products Amendment Bill
2004
Clause 26 Amendment of s 26I (Mandatory quit smoking sign) 1
Section 26I(1), penalty, `10 penalty units'-- 2
omit, insert-- 3
`20 penalty units'. 4
Clause 27 Amendment of s 26L (Supply of object or entitlement that 5
promotes smoking product etc.) 6
Section 26L(1), penalty, `70 penalty units'-- 7
omit, insert-- 8
`140 penalty units'. 9
Clause 28 Amendment of s 26M (Supply of object or entitlement in 10
association with smoking product sale or consumption) 11
(1) Section 26M(1), penalty, `70 penalty units'-- 12
omit, insert-- 13
`140 penalty units'. 14
(2) Section 26M-- 15
insert-- 16
`(4) However, subsection (3) does not apply if the object or 17
entitlement would have been received by the person only if the 18
person had bought the goods from the defendant or from a 19
supplier nominated by the defendant.'. 20
Clause 29 Amendment of s 26N (Smoking product giveaways) 21
Section 26N(1), penalty, `70 penalty units'-- 22
omit, insert-- 23
`140 penalty units'. 24
s 30 18 s 33
Tobacco and Other Smoking Products Amendment Bill
2004
Clause 30 Amendment of s 26O (Competition that promotes 1
smoking product) 2
Section 26O(1), penalty, `70 penalty units'-- 3
omit, insert-- 4
`140 penalty units'. 5
Clause 31 Amendment of s 26P (Conduct of competition in 6
association with smoking product sale or consumption) 7
Section 26P(1), penalty, `70 penalty units'-- 8
omit, insert-- 9
`140 penalty units'. 10
Clause 32 Insertion of new s 26PA 11
Part 2A, division 3, after section 26P-- 12
insert-- 13
`26PA Image of consumption of smoking product 14
`(1) A supplier must not, at a retail outlet, display an image that 15
promotes a person or thing consuming, using or being 16
otherwise associated with, a smoking product. 17
Maximum penalty--140 penalty units. 18
`(2) Subsection (1) does not apply to a trademark.'. 19
Clause 33 Amendment of s 26Q (Definitions for pt 2B) 20
(1) Section 26Q, definitions bingo, bingo area, bingo session, 21
dining area, enclosed, gaming table area and meal-- 22
omit. 23
(2) Section 26Q, definitions occupier, residential premises and 24
smoke-- 25
omit. 26
s 34 19 s 35
Tobacco and Other Smoking Products Amendment Bill
2004
(3) Section 26Q, definition multi-unit residential accommodation, 1
after `means'-- 2
insert-- 3
`hotel accommodation,'. 4
Clause 34 Amendment of s 26R (Person must not smoke in 5
enclosed place) 6
Section 26R(2)(e)-- 7
omit. 8
Clause 35 Insertion of new s 26RA 9
After section 26R-- 10
insert-- 11
`26RA Regulation may require areas of licensed premises 12
to be set aside as nonsmoking areas 13
`(1) Despite section 26R(2)(e), for phasing in the ban on smoking 14
in an enclosed place in licensed premises,1 a regulation may-- 15
(a) require the licensee of licensed premises to 16
progressively set aside parts of the licensed premises as 17
parts in which a person must not smoke; and 18
(b) prescribe matters relating to the implementation and 19
enforcement of the ban. 20
`(2) Without limiting subsection (1), a regulation may do 1 or 21
more of the following-- 22
(a) state the proportion of the whole of the area of the 23
enclosed places at the licensed premises which must be 24
set aside as an area or areas in which a person must not 25
smoke; 26
(b) state the period for which the proportion of the area 27
must be set aside; 28
1 Section 26R(2)(e) is repealed on 1 July, 2006.
s 36 20 s 37
Tobacco and Other Smoking Products Amendment Bill
2004
(c) state the proportion of the total number of gaming 1
machines in the licensed premises that must be situated 2
in an area where a person must not smoke; 3
(d) prescribe the no smoking signs the licensee must display 4
and the way they are to be displayed; 5
(e) state that a person must not smoke in an area set aside; 6
(f) state that a licensee must ensure a person does not 7
smoke in an area set aside; 8
(g) impose a penalty of not more than 20 penalty units for a 9
contravention of a provision of a regulation. 10
`(3) A regulation under this section must not state a proportion of 11
the licensed premises that is the whole area of all enclosed 12
places at the licensed premises. 13
`(4) This section expires on 30 June 2006, and any regulation in 14
force under this section also expires on that day.'. 15
Clause 36 Amendment of s 26S (No smoking sign) 16
(1) Section 26S, from `containing' to `for the area'-- 17
omit, insert-- 18
`must display a no smoking sign at the entrance to the 19
premises'. 20
(2) Section 26S, penalty, `10 penalty units'-- 21
omit, insert-- 22
`20 penalty units'. 23
Clause 37 Omission of s 26T (No right to smoke in enclosed place) 24
Section 26T-- 25
omit. 26
s 38 21 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
Clause 38 Amendment of s 26U (Person smoking must stop when 1
directed) 2
Section 26U-- 3
insert-- 4
`(2) If a person does not comply with a direction to stop the 5
contravention and the person is at a place where food or drink 6
is provided, the occupier of the place must not provide food or 7
drink to the person while the person continues to contravene 8
section 26R. 9
Maximum penalty--140 penalty units.'. 10
Clause 39 Amendment of s 26V (Offence by occupier) 11
Section 26V(1), penalty, `20 penalty units'-- 12
omit, insert-- 13
`140 penalty units'. 14
Clause 40 Insertion of new pt 2C 15
After part 2B-- 16
insert-- 17
`Part 2C Smoke-free outdoor places 18
`Division 1 Outdoor eating or drinking places 19
`26W Meaning of outdoor eating or drinking place 20
`(1) An outdoor eating or drinking place is a place, other than an 21
enclosed place, provided by a person conducting a business 22
for the consumption of food or drink provided from the 23
business. 24
`(2) However, a place mentioned in subsection (1) is an outdoor 25
eating or drinking place only while-- 26
(a) food or drink is being provided from the business; or 27
s 40 22 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
(b) food or drink provided from the business is being 1
consumed at the place. 2
`(3) Food or drink is taken to be provided from a business whether 3
it is-- 4
(a) served to a person in the outdoor eating or drinking 5
place by or for the person conducting the business; or 6
(b) taken by a person from the business for consumption in 7
the outdoor eating or drinking place. 8
`26X Person must not smoke at outdoor eating or drinking 9
place 10
`(1) A person must not smoke at an outdoor eating or drinking 11
place. 12
Maximum penalty--20 penalty units. 13
`(2) Subsection (1) does not apply to a designated outdoor 14
smoking area. 15
`26Y Person smoking must stop when directed 16
`(1) A person contravening section 26X(1) must comply with a 17
direction to stop the contravention by-- 18
(a) an authorised person; or 19
(b) an occupier of the outdoor eating or drinking place 20
where the contravention is happening, or an employee or 21
agent of the occupier. 22
Maximum penalty--20 penalty units. 23
`(2) If a person does not comply with a direction to stop the 24
contravention, the occupier must not provide food or drink to 25
the person while the person continues to contravene 26
section 26X(1). 27
Maximum penalty--140 penalty units. 28
s 40 23 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
`26Z Offence by occupier 1
`(1) If a person contravenes section 26X(1), the occupier of the 2
outdoor eating or drinking place where the contravention 3
happens commits an offence. 4
Maximum penalty--140 penalty units. 5
`(2) However, it is a defence for the occupier to prove-- 6
(a) the occupier was not aware, and could not have 7
reasonably been expected to be aware, that the 8
contravention was happening; or 9
(b) the occupier, or an employee or agent of the occupier-- 10
(i) directed the person to stop smoking; and 11
(ii) told the person it was an offence not to comply 12
with a direction to stop smoking. 13
`26ZA Designating an outdoor smoking area 14
`(1) This section applies to premises to which a general licence or 15
club licence under the Liquor Act 1992 applies. 16
`(2) The licensee may designate a part of the outdoor area of the 17
premises as an area in which smoking is allowed (a 18
designated outdoor smoking area) by posting a diagram or 19
other notice clearly showing the limits of the area. 20
`(3) There may be more than 1 designated outdoor smoking area at 21
the premises. 22
`(4) The licensee must not designate a part or parts of the outdoor 23
area of the premises under subsection (2) other than in 24
compliance with this section. 25
Maximum penalty--140 penalty units. 26
`(5) The total area of the designated outdoor smoking area or areas 27
must not be more than 50% of the whole outdoor area of the 28
premises. 29
`(6) Each designated outdoor smoking area must have buffers on 30
its perimeter wherever it is adjacent to other parts of the 31
outdoor area ordinarily accessed by patrons. 32
`(7) Each buffer must be-- 33
s 40 24 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
(a) a screen, impervious to smoke, at least 2.1 m high; or 1
(b) an area, at least 2 m wide, in which patrons are not 2
permitted to eat, drink or smoke. 3
4
Examples--
5
· a thick screening hedge, 2.1 m high
6
· an artificial screen, 2.1 m high
7
· a garden or pathway, 2 m wide
`(8) For a buffer mentioned in subsection (7)(b), at least half of its 8
area must be taken from the area that would otherwise form 9
part of the designated outdoor smoking area. 10
`26ZB Obligations of licensee of premises with designated 11
outdoor smoking area 12
`(1) This section applies to the licensee of premises at which there 13
is a designated outdoor smoking area. 14
`(2) The licensee must ensure that, in the designated outdoor 15
smoking area-- 16
(a) no food or drink is served; and 17
(b) no food is consumed; and 18
(c) no entertainment is offered; and 19
(d) there are no gaming machines. 20
Maximum penalty--140 penalty units. 21
`(3) The licensee must ensure the designated outdoor smoking 22
area and its buffers comply with section 26ZA(5) to (8). 23
Maximum penalty--140 penalty units. 24
`(4) The licensee must-- 25
(a) prepare, and keep up-to-date, a smoking management 26
plan complying with section 26ZC; and 27
(b) display a notice in or near the designated outdoor 28
smoking area stating that the smoking management plan 29
is available for perusal by patrons on request; and 30
s 40 25 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
(c) make the plan available for perusal on request by a 1
patron; and 2
(d) produce the plan for inspection on request by an 3
authorised officer. 4
Maximum penalty--70 penalty units. 5
`(5) The licensee must not allow anyone to smoke in an outdoor 6
area of the premises other than the designated outdoor 7
smoking area. 8
Maximum penalty--140 penalty units. 9
`26ZC Smoking management plans 10
`(1) A smoking management plan is a document, prepared for 11
premises at which there is a designated outdoor smoking area, 12
stating how smoking is managed at the premises with the aim 13
of reducing smoking at the premises. 14
`(2) A smoking management plan must-- 15
(a) identify the designated outdoor smoking area; and 16
(b) identify the outdoor areas where food is provided; and 17
(c) identify the buffers under section 26ZA; and 18
(d) state how the licensee will minimise the exposure of 19
staff and patrons to environmental tobacco smoke; and 20
(e) describe the training or instruction given to staff to 21
ensure this Act and the plan are complied with; and 22
23
Example--
24
training to ensure patrons do not smoke outside the designated
25
outdoor smoking area or take food into that area
(f) provide for signage that clearly identifies where 26
smoking is or is not allowed; and 27
(g) include any other matters prescribed under a regulation. 28
s 40 26 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
`Division 2 Major sports facilities 1
`26ZD Meaning of major sports facility 2
`A major sports facility is a facility declared to be a major 3
sports facility under the Major Sports Facilities Act 2001. 4
`26ZE Person must not smoke at major sports facility 5
`(1) A person must not smoke at a major sports facility. 6
Maximum penalty--20 penalty units. 7
`(2) Subsection (1) does not apply to an area of the facility that 8
may always be entered without payment of an entry fee. 9
`26ZF Person smoking must stop when directed 10
`A person contravening section 26ZE(1) must comply with a 11
direction to stop the contravention by-- 12
(a) an authorised person; or 13
(b) an occupier of the major sports facility, or the part of the 14
facility, where the contravention is happening, or an 15
employee or agent of the occupier. 16
Maximum penalty--20 penalty units. 17
`26ZG Offence by occupier 18
`(1) If a person contravenes section 26ZE(1), the occupier of the 19
major sports facility, or of the part of the facility, where the 20
contravention happened, commits an offence. 21
Maximum penalty--140 penalty units. 22
`(2) However, it is a defence for the occupier to prove-- 23
(a) the occupier was not aware, and could not have 24
reasonably been expected to be aware, that the 25
contravention was happening; or 26
(b) the occupier, or an employee or agent of the occupier-- 27
(i) directed the person to stop smoking; and 28
s 40 27 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
(ii) told the person it was an offence not to comply 1
with a direction to stop smoking. 2
`Division 3 Other outdoor places 3
`26ZH Person must not smoke at a patrolled beach 4
`(1) A person must not smoke in a patrolled beach area of a 5
patrolled beach. 6
Maximum penalty--20 penalty units. 7
`(2) In this section-- 8
line means an imaginary line. 9
patrolled beach is a beach on which red and yellow flags 10
mark the boundaries for safe swimming at the beach. 11
patrolled beach area, of a patrolled beach, is the area 12
within-- 13
(a) a line, at right angles to 1 end of a straight line between 14
the flags, extending seawards for 50 m and landwards to 15
the extent of any registered land; and 16
(b) another straight line, at right angles to the other end of 17
the line between the flags, extending seawards for 50 m 18
and landwards to the extent of any registered land; and 19
(c) a line joining the landward ends of the lines mentioned 20
in paragraphs (a) and (b) that follows the boundary of 21
any registered land; and 22
(d) a straight line joining the seaward ends of the lines 23
mentioned in paragraphs (a) and (b). 24
registered land means-- 25
(a) freehold land on the freehold land register under the 26
Land Title Act 1994; or 27
(b) leasehold land, road, reserve, trust land, licence, permit 28
or State Housing lease, recorded on a register under the 29
Land Act 1994. 30
s 40 28 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
seawards means in the direction of the water to which the 1
flags relate. 2
`26ZI Person must not smoke at a prescribed outdoor 3
swimming area 4
`(1) A person must not smoke at a prescribed outdoor swimming 5
area between sunrise and sunset. 6
Maximum penalty--20 penalty units. 7
`(2) In this section-- 8
outdoor swimming area means an area in, or adjacent to, a 9
pool or other body of water used by the public for swimming. 10
11
Example--
12
an artificial beach
prescribed outdoor swimming area means an outdoor 13
swimming area, or part of an outdoor swimming area, 14
prescribed under a regulation. 15
`26ZJ Person must not smoke near building entrance 16
`(1) A person must not smoke within 4 m of any part of the 17
entrance to a building, unless the person has a reasonable 18
excuse. 19
Maximum penalty--20 penalty units. 20
`(2) Subsection (1) does not apply to an entrance that is an 21
entrance only to-- 22
(a) residential premises; or 23
(b) multi-unit residential accommodation; or 24
(c) premises, or a part of premises, to which a general 25
licence or club licence under the Liquor Act 1992 26
applies. 27
`(3) Subsection (1) does not apply to-- 28
(a) a person in a motor vehicle; or 29
(b) a person in an outdoor pedestrian mall prescribed under 30
a regulation. 31
s 40 29 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
`(4) It is a reasonable excuse for subsection (1) that the person was 1
not remaining at or near the entrance of the building but was 2
merely passing the entrance. 3
`(5) Subsection (1) applies only while general access to the 4
building is available by the entrance. 5
6
Example--
7
Subsection (1) applies to the entrance to a shop while the shop is open
8
for business. It does not apply when the shop is closed for business, even
9
if the shop owner or staff have after-hours access by that entrance.
`(6) In this section-- 10
general access, to a building, means either of the following 11
types of access-- 12
(a) public access; 13
(b) the access usually available to enable the building to be 14
used in a way it is ordinarily used. 15
multi-unit residential accommodation means motels, hostels, 16
boarding houses, nursing homes, residential accommodation 17
comprising lots in a community titles scheme and other 18
similar accommodation. 19
`26ZK Person must not smoke near children's playground 20
equipment 21
`(1) A person must not smoke within 10 m of any part of 22
children's playground equipment situated at a place that is 23
ordinarily open to the public. 24
Maximum penalty--20 penalty units. 25
`(2) Subsection (1) does not apply to-- 26
(a) a person in a motor vehicle; or 27
(b) a person at residential premises or on land on which 28
residential premises are built or may lawfully be built. 29
s 40 30 s 40
Tobacco and Other Smoking Products Amendment Bill
2004
`26ZL Person smoking must stop when directed 1
`A person contravening section 26ZH(1), 26ZI(1), 26ZJ(1) or 2
26ZK(1) must comply with a direction by an authorised 3
person to stop the contravention. 4
Maximum penalty--20 penalty units. 5
`26ZM State and local governments administer this division 6
`(1) Both the State and local governments have a role in 7
administering this division. 8
`(2) However, nothing in this division imposes a duty on a local 9
government to enforce this division. 10
`26ZN Role of local government 11
`In exercising its jurisdiction of local government in enforcing 12
this division, the local government has its executive role-- 13
(a) to administer and enforce this division in the local 14
government's area; and 15
(b) for a patrolled beach area of a patrolled beach or a 16
prescribed outdoor swimming area--to administer and 17
enforce this division for the patrolled beach area or 18
prescribed outdoor swimming area whether it is 19
adjacent to or within the local government's area. 20
`26ZO State may require report from local government 21
`(1) This section applies to a matter under this division 22
administered and enforced by local governments. 23
`(2) The chief executive, by written notice, may ask a local 24
government to give the chief executive information about the 25
local government's administration and enforcement of the 26
matter. 27
`(3) The local government must comply with the request. 28
s 41 31 s 41
Tobacco and Other Smoking Products Amendment Bill
2004
`26ZP Fines payable to local government 1
`(1) This section applies if-- 2
(a) a proceeding for an offence is taken for a matter under 3
this division by a local government; and 4
(b) a court imposes a fine for the offence. 5
`(2) The fine must be paid to the local government.'. 6
Clause 41 Replacement of ss 27 to 30 7
Sections 27 to 30-- 8
omit, insert-- 9
`27 Powers generally 10
`(1) An authorised person has the powers given under this Act. 11
`(2) In exercising the powers an authorised person is subject to the 12
directions of the administering executive. 13
`(3) If the authorised person is appointed by 2 or more chief 14
executive officers, the authorised person is subject to the 15
directions of the chief executive officer of the local 16
government for the area in which the authorised person is 17
exercising his or her powers under this Act. 18
`28 Appointment 19
`(1) The chief executive may appoint any of the following persons 20
as an authorised person-- 21
(a) a public service officer or employee; 22
(b) a health service employee; 23
(c) a person prescribed under a regulation. 24
`(2) The chief executive officer of a local government may appoint 25
any of the following persons as an authorised person for the 26
local government and its area-- 27
(a) an employee of the local government; 28
(b) if another local government consents--an employee of 29
the other local government; 30
s 41 32 s 41
Tobacco and Other Smoking Products Amendment Bill
2004
(c) another person under contract to the local government. 1
`(3) The chief executive officers of 2 or more local governments 2
may appoint an employee of, or another person under contract 3
to, one of the local governments to be an authorised person for 4
the local governments' areas. 5
`29 Qualifications for appointment 6
`The administering executive may appoint a person as an 7
authorised person only if the administering executive is 8
satisfied the person is qualified for appointment because the 9
person has the necessary expertise or experience. 10
`30 Appointment conditions and limit on powers 11
`(1) An authorised person holds office on the conditions stated 12
in-- 13
(a) the authorised person's instrument of appointment; or 14
(b) a signed notice given to the authorised person; or 15
(c) a regulation. 16
`(2) The instrument of appointment, a signed notice given to an 17
authorised person or a regulation may limit the authorised 18
person's powers under this Act. 19
`(3) In this section-- 20
signed notice means a notice signed by the administering 21
executive. 22
`30A Issue of identity card 23
`(1) The administering executive must issue an identity card to 24
each authorised person. 25
`(2) The identity card must-- 26
(a) contain a recent photo of the authorised person; and 27
(b) contain a copy of the authorised person's signature; and 28
(c) identify the person as an authorised person under this 29
Act; and 30
s 41 33 s 41
Tobacco and Other Smoking Products Amendment Bill
2004
(d) state an expiry date for the card. 1
`(3) This section does not prevent the issue of a single identity 2
card to a person for this Act and other purposes. 3
`30B Production or display of identity card 4
`(1) In exercising a power under this Act in relation to another 5
person, an authorised person must-- 6
(a) produce the authorised person's identity card for the 7
other person's inspection before exercising the power; 8
or 9
(b) have the identity card displayed so it is clearly visible to 10
the other person when exercising the power. 11
`(2) However, if it is not practicable to comply with subsection (1), 12
the authorised person must produce the identity card for the 13
other person's inspection at the first reasonable opportunity. 14
`(3) For subsection (1), an authorised person does not exercise a 15
power in relation to another person only because the 16
authorised person has entered a place as mentioned in 17
section 33(2) or (3). 18
`30C When authorised person ceases to hold office 19
`(1) An authorised person ceases to hold office if any of the 20
following happens-- 21
(a) the term of office stated in a condition of office ends; 22
(b) under another condition of office, the authorised person 23
ceases to hold office; 24
(c) the authorised person's resignation under section 30D 25
takes effect. 26
`(2) Subsection (1) does not limit the ways an authorised person 27
may cease to hold office. 28
`(3) In this section-- 29
condition of office means a condition on which the authorised 30
person holds office. 31
s 42 34 s 42
Tobacco and Other Smoking Products Amendment Bill
2004
`30D Resignation 1
`An authorised person may resign by signed notice given to 2
the administering executive. 3
`30E Return of identity card 4
`(1) A person who ceases to be an authorised person must return 5
the person's identity card to the administering executive 6
within 21 days after ceasing to be an authorised person, unless 7
the person has a reasonable excuse. 8
Maximum penalty--10 penalty units. 9
`(2) For subsection (1), for a person appointed under this Act as an 10
authorised person by 2 or more chief executive officers, the 11
identity card must be returned to one of the chief executive 12
officers.'. 13
Clause 42 Replacement of s 48 (Compensation) 14
Section 48-- 15
omit, insert-- 16
`48 Compensation 17
`(1) If a person incurs loss or expense because of the exercise or 18
purported exercise of a power under this part the person may 19
claim compensation-- 20
(a) for the exercise or purported exercise of a power by or 21
for the State--from the State; or 22
(b) for the exercise or purported exercise of a power by or 23
for a local government--from the local government. 24
`(2) Without limiting subsection (1), compensation may be 25
claimed for loss or expense incurred in complying with a 26
requirement made of the person under this part. 27
`(3) Compensation may be claimed and ordered to be paid in a 28
proceeding-- 29
(a) brought in a court with jurisdiction for the recovery of 30
the amount of compensation claimed; or 31
s 43 35 s 46
Tobacco and Other Smoking Products Amendment Bill
2004
(b) for an offence against this Act brought against the 1
person claiming compensation. 2
`(4) A court may order compensation to be paid only if it is 3
satisfied it is just to make the order in the circumstances of the 4
particular case.'. 5
Clause 43 Insertion of new s 51C 6
After section 51B-- 7
insert-- 8
`51C Act does not create or preserve right to smoke 9
`(1) To remove any doubt, it is declared that this Act does not 10
create or preserve a right for a person to smoke in or at any 11
place. 12
`(2) Also, nothing in this Act affects the operation of another Act 13
to the extent that the other Act prohibits smoking at any 14
place.'. 15
Clause 44 Omission of s 52 (Review of Act) 16
Section 52-- 17
omit. 18
Clause 45 Amendment of s 53 (Regulation-making power) 19
Section 53-- 20
insert-- 21
`(2) A regulation may impose requirements about signs for 22
part 2C. 23
`(3) A regulation may provide for a maximum penalty of not more 24
than 20 penalty units for a contravention of a regulation.'. 25
Clause 46 Insertion of new pt 5 26
After part 4-- 27
insert-- 28
s 47 36 s 47
Tobacco and Other Smoking Products Amendment Bill
2004
`Part 5 Transitional 1
`54 Transitional--court order under s 13 2
`Section 13 applies only to an offence committed after the 3
commencement of the Tobacco and Other Smoking Products 4
Amendment Act 2004, section 8. 5
`55 Transitional--amendment of regulation 6
`The amendment of the Tobacco and Other Smoking Products 7
Regulation 1998 by the Tobacco and Other Smoking Products 8
Amendment Act 2004 does not affect the power of the 9
Governor in Council to further amend the regulation or to 10
repeal it.'. 11
Clause 47 Amendment of schedule (Dictionary) 12
(1) Schedule, definition consumption-- 13
omit. 14
(2) Schedule, definitions multi-unit residential accommodation, 15
occupier, residential premises and smoke-- 16
omit. 17
(3) Schedule, definitions duty free shop, package, prepackaged 18
loose smoking blend, prepackaged loose tobacco and smoking 19
product-- 20
omit. 21
(4) Schedule, definitions dining area, enclosed, gaming table 22
area and meal-- 23
omit. 24
(5) Schedule-- 25
insert-- 26
`consumption, of a smoking product, includes smoking, 27
inhaling or chewing the smoking product. 28
gaming machine has the meaning given by the Gaming 29
Machine Act 1991, schedule.'. 30
s 47 37 s 47
Tobacco and Other Smoking Products Amendment Bill
2004
(6) Schedule-- 1
insert-- 2
`administering executive means-- 3
(a) for a person appointed under this Act as an authorised 4
person by the chief executive--the chief executive; or 5
(b) for a person appointed under this Act as an authorised 6
person by a chief executive officer--the chief executive 7
officer; or 8
(c) for a person appointed under this Act as an authorised 9
person by 2 or more chief executive officers--the chief 10
executive officers. 11
chief executive officer means the chief executive officer of a 12
local government. 13
health service employee means a person appointed under the 14
Health Services Act 1991, section 24. 15
major sports facility, for part 2C, division 2, see 16
section 26ZD. 17
multi-unit residential accommodation-- 18
(a) for part 2B, see section 26Q; or 19
(b) for part 2C, see section 26ZJ(6). 20
occupier, of a place or part of a place-- 21
(a) for part 3, division 2, see section 32; or 22
(b) otherwise, means a person having the management or 23
control, or otherwise being in charge, of the place or 24
part. 25
patrolled beach see section 26ZH(2). 26
patrolled beach area see section 26ZH(2). 27
prescribed outdoor swimming area see section 26ZI(2). 28
residential premises means premises used, or intended to be 29
used, as a place of residence or mainly as a place of residence 30
and does not include multi-unit residential accommodation. 31
s 47 38 s 47
Tobacco and Other Smoking Products Amendment Bill
2004
smoke means smoke, hold or otherwise have control over an 1
ignited smoking product.'. 2
(7) Schedule-- 3
insert-- 4
`humidified container, for part 2A, see section 26AA. 5
humidified room, for part 2A, see section 26AA. 6
loose tobacco means a tobacco product for smoking that is cut 7
for retail sale, but does not include a cigarette or a cigar. 8
9
Example--
10
tobacco product commonly called `roll your own tobacco' or `pipe
11
tobacco'
package means-- 12
(a) for cigarettes--a package containing cigarettes packed 13
by the manufacturer, or importer, of the cigarettes; or 14
(b) for herbal cigarettes--a package containing herbal 15
cigarettes packed by the manufacturer, or importer, of 16
the herbal cigarettes; or 17
(c) for loose tobacco--a package containing loose tobacco 18
packed by the manufacturer, or importer, of the loose 19
tobacco; or 20
(d) for loose smoking blend--a package containing loose 21
smoking blend packed by the manufacturer, or importer, 22
of the loose smoking blend. 23
smoking product-- 24
(a) for part 2A, see section 26AA; or 25
(b) otherwise, means a tobacco product, herbal cigarette or 26
loose smoking blend. 27
tobacconist means a person who conducts a business selling 28
smoking products by retail if-- 29
(a) 80% or more of the average gross turnover of the 30
business is derived from the sale of smoking products; 31
and 32
s 48 39 s 48
Tobacco and Other Smoking Products Amendment Bill
2004
(b) the business is conducted separately from, not in 1
conjunction with, and not within the premises of, any 2
other business.'. 3
(8) Schedule-- 4
insert-- 5
`designated outdoor smoking area see section 26ZA. 6
enclosed means-- 7
(a) for a place other than a vehicle or part of a 8
vehicle--having a ceiling or roof and, except for doors 9
and passageways, completely or substantially enclosed, 10
whether permanently or temporarily; or 11
(b) for a place that is a vehicle, or part of a vehicle--having 12
a ceiling or roof and, except for doors and exits, 13
completely or substantially enclosed, whether 14
permanently or temporarily. 15
outdoor area, of premises, means any area at the premises 16
that is not enclosed. 17
outdoor eating or drinking place, for part 2C, division 1, see 18
section 26W.'. 19
(9) Schedule, definition authorised person, `section 27'-- 20
omit, insert-- 21
`section 28'. 22
(10) Schedule, definition tobacco product, `prepackaged'-- 23
omit. 24
Clause 48 Amendments--schedule 25
The schedule amends the regulation mentioned in it. 26
40
Tobacco and Other Smoking Products Amendment Bill
2004
Schedule Amendment of regulation 1
section 48 2
Tobacco and Other Smoking Products Regulation 3
1998 4
1 Section 6(1), `section 26H(a)'-- 5
omit, insert-- 6
`section 26H(1)(a)'. 7
2 Section 6(1)(a), `100 mm x 80 mm'-- 8
omit, insert-- 9
`80 mm x 40 mm'. 10
3 Section 7(1), `section 26H(a)'-- 11
omit, insert-- 12
`section 26H(1)(a)'. 13
4 Section 7(1)(a), `100 mm x 80 mm'-- 14
omit, insert-- 15
`80 mm x 40 mm'. 16
5 Section 8, `section 26H(a)'-- 17
omit, insert-- 18
`section 26H(1)(a)'. 19
41
Tobacco and Other Smoking Products Amendment Bill
2004
Schedule (continued)
6 Section 9(1), `section 26H(b)'-- 1
omit, insert-- 2
`section 26H(1)(b)'. 3
7 Section 9(1)(a), `1 m2'-- 4
omit, insert-- 5
`0.5m2'. 6
8 Section 9(1)(b)(i)(B)-- 7
omit. 8
9 Section 9(1)(b)(i)(D)-- 9
omit. 10
10 Section 9(1)(b)(i)(C)-- 11
renumber as section 9(1)(b)(i)(B). 12
11 Section 9(1)(b)(i)(E)-- 13
renumber as section 9(1)(b)(i)(C). 14
12 Section 9(1)(b)(i)(F)-- 15
renumber as section 9(1)(b)(i)(D). 16
© State of Queensland 2004
AMENDMENTS TO BILL
1
Tobacco and Other Smoking Products Amendment Bill
2004
Tobacco and Other Smoking Products
Amendment Bill 2004
Amendments agreed to during Consideration
1 Clause 2--
At page 6, line 9, before `41'--
insert--
`40A,'.
2 Clause 40--
At page 23, lines 15 and 16--
omit, insert--
` `(1) This section applies to the licensee of--
(a) premises to which a general licence or club licence
under the Liquor Act 1992 applies; or
(b) premises, to which a special facility licence under the
Liquor Act 1992 applies, that contain all or part of a
casino.'.
3 Clause 40--
At page 26, lines 8 and 9--
omit, insert--
` `(2) Subsection (1) does not apply to the following areas of a
major sports facility--
(a) a road or carpark;
(b) a picnic area or area of parkland.'.
2
Tobacco and Other Smoking Products Amendment Bill
2004
4 Clause 40--
At page 28, lines 25 to 27--
omit, insert--
`(c) premises to which a general licence or club licence
under the Liquor Act 1992 applies; or
(d) premises, to which a special facility licence under the
Liquor Act 1992 applies, that contain all or part of a
casino.'.
5 After clause 40--
At page 31, after line 6--
insert--
`40A Insertion of new pt 2D
`Before part 3--
insert--
`Part 2D Cannabis utensils
`26ZQ Production, sale or public display of cannabis utensils
`(1) A person must not produce, sell or publicly display a cannabis
utensil.
Maximum penalty--140 penalty units.
`(2) In this section--
cannabis utensil means an object for smoking cannabis
sativa, colloquially known as a `bong'.'.'.
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