(Amendment)
Tobacco Act 2005
Act No. 45/2005
table of provisions
Section Page
Part 1-Preliminary 1
1. Purposes 1
2. Commencement 2
Part 2-General Amendments to Tobacco Act 1987 3
3. Definitions 3
4. New section 3B inserted 7
3B. Tobacco advertisements 7
5. New sections 5A to 5H substituted 10
5A. Enclosed workplaces: offence by smoker 10
5B. Enclosed workplaces: offence by occupier 12
5C. Dining areas: offence by smoker 12
5D. Dining areas: offence by occupier 13
5E. Dining areas: no smoking signs 13
5F. Enclosed restaurants and cafes: no smoking signs 14
5G. Retail shopping centres: no smoking signs 14
5H. Bingo areas and centres: no smoking signs 15
6. New section 5K substituted 15
5K. Casinos: no smoking signs 15
7. Approved venues 16
8. New section 5N substituted 16
5N. Approved venues: no smoking signs 16
9. Licensed premises: non-smoking rooms 17
10. New section 5R substituted 17
5R. Licensed premises: no smoking signs 17
11. Certain advertising prohibited 18
12. Competitions 18
13. Free samples 19
14. Prohibition on certain sponsorships 20
15. Supplying tobacco to minors 20
16. New section 13 substituted 23
13. Vending machines 23
17. Further alteration of penalties 24
18. New Division 3 inserted in Part 2 25
Division 3-Underage Music/Dance Events 25
15E. What is an underage music/dance event? 25
15F. No smoking at underage music/dance events 25
15G. Offence by occupier 26
15H. No smoking signs 27
15I. Covering vending machines, tobacco
advertisements etc. 27
15J. Prohibition on supplying tobacco at underage music/dance
events 28
15K. No offence by minors 28
19. Infringements and offences 29
20. New Schedule substituted 30
SCHEDULE-Infringements 30
Part 3-Licensed Premises, Casinos and Outdoor Dining or Drinking Areas 32
21. Definitions 32
22. New section 3E inserted 32
3E. Declared smoking areas in casinos 32
23. Removal of licensed premises and casino exemptions 33
24. New sections 5C, 5D and 5E substituted 33
5C. Outdoor dining or drinking areas: offence by smoker 33
5D. Outdoor dining or drinking areas: offence by occupier 34
5E. Outdoor dining or drinking areas: no smoking signs 35
25. Consequential amendments regarding casinos and licensed premises
(including approved venues) 35
Part 4-Amendments to Transport Act 1983 37
26. Removal of current smoking offences from section 222 37
27. New section 222A inserted 37
222A. Smoking offences 37
Part 5-Consequential Amendment of Other Acts 40
28 Gambling Regulation Act 2003 40
29 Magistrates' Court Act 1989 40
67. Tobacco Act 1987 40
(((((((((((((((
Endnotes 41
[pic]
Victoria
No. 45 of 2005
Tobacco (Amendment) Act 2005(
[Assented to 16 August 2005]
The Parliament of Victoria enacts as follows:
Part 1-Preliminary
1. Purposes
The purposes of this Act are-
(a) to amend the Tobacco Act 1987-
(i) to ban smoking in enclosed workplaces and other areas;
(ii) to increase controls over tobacco advertising;
(iii) to introduce further measures to prevent the supply of
tobacco products to young people;
(iv) generally to increase controls over tobacco;
(b) to amend the Transport Act 1983 to ban smoking in covered public
transport property;
(c) to make consequential amendments to other Acts.
2. Commencement
s. 2
(1) This Act, except Part 3 and section 28, comes into operation on
1 March 2006.
(2) Part 3 and section 28 come into operation on 1 July 2007.
__________________
See:
Act No.
81/1987.
Reprint No. 5
as at
1 September 2002
and amending
Act Nos
114/2003 and 108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
Part 2-General Amendments to Tobacco Act 1987
3. Definitions
s. 3
In section 3 of the Tobacco Act 1987-
(a) insert the following definitions-
' "acceptable no smoking sign" means a sign that contains-
(a) a no smoking symbol in the form of a circle and diagonal line
printed in red over a depiction of a cigarette and
smoke printed in black, or other symbol that clearly
indicates that smoking is not permitted, with the
symbol being at least 70mm in height; and
(b) the phrase "No Smoking" or "Smoking Prohibited", or other wording
that clearly indicates that smoking is not permitted,
in letters that are at least 20mm in height;
"approved issuer document" means a document issued-
(a) by a person; or
(b) on behalf of a government department or an agency-
approved by the Minister;
"exercise yard" means an area in a prison (within the meaning
of the Corrections Act 1986) that is provided for the
purpose of allowing prisoners to have access to the open
air;
"interstate driver licence" means a licence issued in another
State or a Territory that is the equivalent of a
Victorian driver licence;
"interstate proof of age card" means a card issued in another
State or a Territory that is the equivalent of a
Victorian proof of age card;
"outdoor dining or drinking area" means any of the following
outdoor areas that is predominantly used for the
consumption of food or drinks or both-
(a) a balcony or verandah;
(b) a courtyard;
(c) a rooftop;
(d) a marquee;
s. 3
(e) a street or footpath;
(f) any similar outdoor area;
"police member" means a member of the force within the
meaning of the Police Regulation Act 1958;
"residential care facility" means-
(a) a residential care service, State funded residential care service
or supported residential service within the meaning
of the Health Services Act 1988; or
(b) an aged care service within the meaning of the Aged Care Act 1997
of the Commonwealth;
"roof" includes any structure or device (whether fixed or
movable) that prevents or significantly impedes upward
airflow, including a ceiling;
"substantially enclosed" includes completely enclosed;
"tobacco company" means-
(a) a public company (within the meaning of the Corporations Act) that
is engaged in any one or more of-
(i) tobacco growing;
(ii) manufacturing tobacco products;
s. 3
(iii) wholesaling tobacco products; or
(b) a proprietary company (within the meaning of the Corporations Act)
that is a subsidiary or related body corporate
(within the meaning of that Act) of a company
referred to in paragraph (a);
"Victorian driver licence" means a driver licence issued
under the Road Safety Act 1986;
"Victorian proof of age card" means a document issued by the
Director of Liquor Licensing under section 176 of the
Liquor Control Reform Act 1998;
"wall" includes any structure or device (whether fixed or
movable) that prevents or significantly impedes lateral
airflow, including a window or door;
"workplace" means any premises or area where one or more
employees or self-employed persons (or both) work,
whether or not they receive any payment for that work.';
(b) the definition of "driver licence" is repealed;
(c) for the definition of "enclosed" substitute-
' "enclosed" means an area, room or premises that is or are
substantially enclosed by a roof and walls, regardless of
whether the roof or walls or any part of them are-
(a) permanent or temporary;
(b) open or closed;';
s. 3
(d) for the definition of "evidence of age document" substitute-
' "evidence of age document" means a document that-
(a) is-
(i) a Victorian proof of age card or an interstate proof of age card;
or
(ii) a Victorian driver licence or an interstate driver licence;
or
(iii) an Australian or foreign passport; or
(iv) an approved issuer document; and
(b) contains a photograph of the bearer; and
(c) indicates, by reference to a date of birth or otherwise, that the
bearer is of or over a particular age;';
(e) the definitions of "proof of age card" and "room" are repealed;
(f) for the definition of "tobacco advertisement" substitute-
' "tobacco advertisement" has the meaning given in section
3B;'.
4. New section 3B inserted
s. 4
After section 3A of the Tobacco Act 1987 insert-
'3B. Tobacco advertisements
(1) Subject to this section, for the purposes of this Act, a "tobacco
advertisement" is any writing, still or moving picture, sign,
symbol or other visual image, or any audible message, or any
combination of 2 or more of those things, that gives
publicity to, or otherwise promotes or is intended to promote-
(a) smoking; or
(b) the purchase or use of a tobacco product or a range of tobacco
products; or
(c) the whole or a part of a trade mark that is registered under the
Trade Marks Act 1955 of the Commonwealth in respect of
goods that are or include tobacco products; or
(d) the whole or a part of a design that is registered under the
Designs Act 2003 of the Commonwealth in relation to
products that are or include tobacco products; or
(e) the whole or a part of the name of a person-
(i) who is a manufacturer of tobacco products; and
(ii) whose name appears on, or on the packaging of, some or all of
those products; or
s. 4
(f) any other words (for example the whole or a part of a brand name)
or designs, or combination of words and designs, that are
closely associated with a tobacco product or a range of
tobacco products (whether also closely associated with
other kinds of products).
(2) A reference in sub-section (1) to a visual image or a design
includes a reference to an image or design consisting of a
colour or a scheme of colours.
(3) Without limiting sub-section (1), a tobacco advertisement includes-
(a) the display of an immediate package of a tobacco product;
(b) the advertisement of cigarette papers.
(4) Words, signs or symbols that appear as part of the standard
wording of an invoice, statement, order form, letterhead,
business card, cheque, manual, or other document, ordinarily
used in the normal course of the business of a manufacturer,
distributor or retailer of tobacco products (a "business
document") do not, when so appearing, constitute a tobacco
advertisement (but this does not prevent a still or moving
picture, or other visual image, of a tobacco product, of the
packaging of a tobacco product, or of a business document,
from being a tobacco advertisement).
(5) Words, signs or symbols that appear in or on land or buildings
occupied by a manufacturer of tobacco products do not, when
so appearing, constitute a tobacco advertisement (but this
does not prevent a still or moving picture, or other visual
image, of words, signs or symbols that so appear from being a
tobacco advertisement).
(6) For the avoidance of doubt, the taking of any action to prevent a
product from causing injury to anyone, including action-
(a) to recall a product; or
s. 4
(b) to disclose a defect in, or a dangerous characteristic of, a
product; or
(c) to disclose circumstances in which the use of a product is or may
be dangerous; or
(d) to disclose procedures for disposing of a product-
does not constitute a tobacco advertisement.
(7) If-
(a) apart from this sub-section, something ("the advertisement")
would, technically, be a tobacco advertisement; and
(b) it is clear from the advertisement that its sole or principal
purpose is to discourage smoking or the use of tobacco
products-
then, despite sub-section (1), the advertisement is not a
tobacco advertisement for the purposes of this Act.
(8) In this section-
"words" includes abbreviations, initials and numbers.'.
5. New sections 5A to 5H substituted
s. 5
For sections 5A, 5B, 5BA, 5C, 5D, 5E, 5F, 5G and 5H of the
Tobacco Act 1987 substitute-
"5A. Enclosed workplaces: offence by smoker
(1) A person must not smoke in an enclosed workplace.
P 5 penalty units.
(2) Sub-section (1) does not apply to the following-
(a) residential premises, other than a part of residential premises
being used for carrying on a business while one or more
persons who do not reside at the premises are present in
that part;
(b) licensed premises;
(c) an outdoor dining or drinking area;
(d) a casino;
(e) a vehicle;
(f) a place of business occupied by the sole operator of the business
that is not for the use of members of the public;
s. 5
(g) a personal sleeping or living area of-
(i) premises providing accommodation to members of the public for a
fee; or
(ii) a residential care facility;
(h) an area in an approved mental health service (within the meaning
of the Mental Health Act 1986) that is declared, or that
is in a class of area that is declared, by the Secretary,
by notice published in the Government Gazette, to be a
smoking area;
(i) a personal sleeping or living area, or an exercise yard, of a
prison within the meaning of the Corrections Act 1986;
(j) a detention centre established for the purposes of the Migration
Act 1958 of the Commonwealth.
(3) If an inspector believes on reasonable grounds that a person is
contravening sub-section (1), the inspector, on producing his
or her identity card, may direct the person to cease the
contravention.
(4) A person who is contravening sub-section (1) must not, without
reasonable excuse, fail to comply with a direction by an
inspector to cease the contravention.
P 5 penalty units.
5B. Enclosed workplaces: offence by occupier
s. 5
(1) If smoking occurs in an enclosed workplace, in contravention of
section 5A, the occupier of the enclosed workplace is guilty
of an offence and liable to a penalty not exceeding 5 penalty
units.
(2) It is a defence to a prosecution under sub-section (1) if the
defendant proves that the defendant did not provide an
ashtray, matches, a lighter or any other thing designed to
facilitate smoking where the contravention occurred and that-
(a) the defendant was not aware, and could not reasonably be expected
to have been aware, that the contravention was occurring;
or
(b) the defendant-
(i) requested the person contravening to stop smoking; and
(ii) informed the person that the person was committing an
offence.
5C. Dining areas: offence by smoker
(1) A person must not smoke in a dining area.
P 5 penalty units.
(2) If an inspector believes on reasonable grounds that a person is
contravening sub-section (1), the inspector, on producing his
or her identity card, may direct the person to cease the
contravention.
(3) A person who is contravening sub-section (1) must not, without
reasonable excuse, fail to comply with a direction by an
inspector to cease the contravention.
P 5 penalty units.
5D. Dining areas: offence by occupier
(1) If smoking occurs in a dining area, in contravention of section
5C, the occupier of the dining area is guilty of an offence
and liable to a penalty not exceeding 5 penalty units.
(2) It is a defence to a prosecution under sub-section (1) if the
defendant proves that the defendant did not provide an
ashtray, matches, a lighter or any other thing designed to
facilitate smoking where the contravention occurred and that-
(a) the defendant was not aware, and could not reasonably be expected
to have been aware, that the contravention was occurring;
or
(b) the defendant-
(i) requested the person contravening to stop smoking; and
(ii) informed the person that the person was committing an
offence.
5E. Dining areas: no smoking signs
s. 5
(1) The occupier of a dining area is guilty of an offence, and liable
to a penalty not exceeding 5 penalty units, if, without
reasonable excuse, acceptable no smoking signs are not
displayed in accordance with sub-section (2).
Note: Section 3 defines an acceptable no smoking sign.
(2) The signs must be displayed in a manner that ensures that a person
is reasonably likely to see one or more of them either on
entering the dining area or from within the dining area.
5F. Enclosed restaurants and cafes: no smoking signs
(1) The occupier of an enclosed restaurant or cafe is guilty of an
offence, and liable to a penalty not exceeding 5 penalty
units, if, without reasonable excuse, acceptable no smoking
signs are not displayed in accordance with sub-section (2).
Note: Section 3 defines an acceptable no smoking sign.
(2) The signs must be displayed in a manner that ensures that a person
is reasonably likely to see one or more of them either on
entering the enclosed restaurant or cafe or from within the
enclosed restaurant or cafe.
5G. Retail shopping centres: no smoking signs
s. 5
(1) The occupier of a retail shopping centre is guilty of an offence
if, without reasonable excuse, acceptable no smoking signs
are not displayed in accordance with sub-section (2).
Note: Section 3 defines an acceptable no smoking sign.
(2) The signs must be displayed in such prominent positions at
entrances to any enclosed areas of the centre as would
reasonably identify those areas of the centre as no smoking
areas for persons entering them.
(3) The maximum penalty for an offence against sub-section (1) is 5
penalty units in the case of a natural person and 10 penalty
units in any other case.
5H. Bingo areas and centres: no smoking signs
(1) The occupier of a bingo area or bingo centre is guilty of an
offence, and liable to a penalty not exceeding 5 penalty
units, if, without reasonable excuse, acceptable no smoking
signs are not displayed in accordance with sub-section (2).
Note: Section 3 defines an acceptable no smoking sign.
(2) The signs must be displayed in a manner that ensures that a person
is reasonably likely to see one or more of them either on
entering the bingo area or bingo centre or from within the
bingo area or bingo centre.".
6. New section 5K substituted
s. 6
For section 5K of the Tobacco Act 1987 substitute-
"5K. Casinos: no smoking signs
(1) The occupier of an area of a casino, other than a declared smoking
area, is guilty of an offence, and liable to a penalty not
exceeding 5 penalty units, if, without reasonable excuse,
acceptable no smoking signs are not displayed in accordance
with sub-section (2).
Note: Section 3 defines an acceptable no smoking sign.
(2) The signs must be displayed in a manner that ensures that a person
is reasonably likely to see one or more of them either on
entering the area or from within the area.".
7. Approved venues
s. 7
In the Tobacco Act 1987-
(a) in section 5L(1), for "room" (where first occurring) substitute
"enclosed room";
(b) in section 5L(2)-
(i) for "a gaming room" substitute "an enclosed gaming room";
(ii) for "rooms" substitute "enclosed rooms";
(c) in section 5L(3), omit "or has committed";
(d) in section 5M(1), for "gaming room" substitute "an enclosed gaming
room".
8. New section 5N substituted
For section 5N of the Tobacco Act 1987 substitute-
"5N. Approved venues: no smoking signs
(1) The occupier of a gaming machine area or an enclosed gaming room
in which smoking is prohibited by section 5L is guilty of an
offence, and liable to a penalty not exceeding 5 penalty
units, if, without reasonable excuse, acceptable no smoking
signs are not displayed in accordance with sub-section (2).
Note: Section 3 defines an acceptable no smoking sign.
(2) The signs must be displayed in a manner that ensures that a person
is reasonably likely to see one or more of them either on
entering the gaming machine area or enclosed gaming room or
from within the area or room.".
9. Licensed premises: non-smoking rooms
s. 9
In the Tobacco Act 1987-
(a) in section 5O-
(i) in sub-section (1), for "rooms" (where first occurring) substitute
"enclosed rooms";
(ii) for sub-section (2)(a)(i) substitute-
"(i) an enclosed gaming room; or";
(iii) in sub-section (3), for "section 5A, 5B or 5BA" substitute
"section 5C, 5D or 5E";
(b) in section 5P(2), omit "or has committed".
10. New section 5R substituted
For section 5R of the Tobacco Act 1987 substitute-
"5R. Licensed premises: no smoking signs
(1) The occupier of a designated non-smoking room is guilty of an
offence, and liable to a penalty not exceeding 5 penalty
units, if, without reasonable excuse, acceptable no smoking
signs are not displayed in accordance with sub-section (2).
Note: Section 3 defines an acceptable no smoking sign.
(2) The signs must be displayed in a manner that ensures that a person
is reasonably likely to see one or more of them either on
entering the designated non-smoking room or from within the
room.".
11. Certain advertising prohibited
s. 11
(1) In section 6 of the Tobacco Act 1987, for the penalty at the foot
of each of sub-sections (1), (2), (2A) and (2B) substitute-
" 60 penalty units.".
(2) After section 6(2C) of the Tobacco Act 1987 insert-
"(2D) A tobacco company is guilty of an offence against this sub-
section, and liable to a penalty not exceeding 5000 penalty
units, if the tobacco company intentionally or recklessly-
(a) contravenes sub-section (1), (2), (2A) or (2B); or
(b) causes another person to contravene sub-section (1), (2), (2A) or
(2B).
(2E) An offence against sub-section (2D) is an indictable
offence.".
(3) Section 6(3)(d) of the Tobacco Act 1987 is repealed.
12. Competitions
(1) For the penalty at the foot of section 7(1) of the Tobacco Act
1987 substitute-
" 60 penalty units.".
(2) After section 7(3) of the Tobacco Act 1987 insert-
"(4) For the avoidance of doubt, sub-section (1) applies to a
tobacco company that, or a person carrying on a tobacco
wholesaling business who, does anything referred to in
paragraph (a) or (b) of that sub-section in connection with
the sale of a tobacco product or for the purposes of
promoting the sale of a tobacco product.
(5) A tobacco company is guilty of an offence against this sub-
section, and liable to a penalty not exceeding 5000 penalty
units, if the tobacco company intentionally or recklessly-
(a) contravenes sub-section (1); or
(b) causes another person to contravene sub-section (1).
(6) An offence against (5) sub-section is an indictable offence.".
13. Free samples
s. 13
(1) For the penalty at the foot of section 8(1) of the Tobacco Act
1987 substitute-
" 60 penalty units.".
(2) After section 8(2) of the Tobacco Act 1987 insert-
"(3) A tobacco company is guilty of an offence against this sub-
section, and liable to a penalty not exceeding 5000 penalty
units, if the tobacco company intentionally or recklessly-
(a) contravenes sub-section (1); or
(b) causes another person to contravene sub-section (1).
(4) An offence against sub-section (3) is an indictable offence.".
14. Prohibition on certain sponsorships
s. 14
(1) In section 9 of the Tobacco Act 1987, for the penalty at the foot
of each of sub-sections (1) and (2) substitute-
" 60 penalty units.".
(2) After section 9(4) of the Tobacco Act 1987 insert-
"(5) A tobacco company is guilty of an offence against this sub-
section, and liable to a penalty not exceeding 5000 penalty
units, if the tobacco company intentionally or recklessly-
(a) contravenes sub-section (1) or (2); or
(b) causes another person to contravene sub-section (1) or (2).
(6) An offence against sub-section (5) is an indictable offence.".
15. Supplying tobacco to minors
(1) For the penalty at the foot of section 12(2) of the Tobacco Act
1987 substitute-
" 20 penalty units.".
(2) For section 12(3A) and (3B) of the Tobacco Act 1987 substitute-
'(3A) If a person (the "primary offender") commits an offence
against sub-section (1), each manager of the primary offender
(if any) also commits an offence against that sub-section.
(3B) Proceedings for an offence committed by a manager because of
sub-section (3A) may be brought whether or not proceedings
have been brought against the primary offender and whether or
not the primary offender has been convicted.'.
(3) Section 12(3D) of the Tobacco Act 1987 is repealed.
(4) In section 12(4) of the Tobacco Act 1987-
(a) paragraphs (a) and (b) are repealed;
(b) for paragraph (d) substitute-
s. 15
"(d) in the case of a prosecution against a manager for an offence
against sub-section (1)-
(i) had no knowledge of the primary offence; and
(ii) had taken prevention measures in relation to the primary
offender.".
(5) After section 12(4) of the Tobacco Act 1987 insert-
'(5) In this section-
"manager" of a primary offender, means-
(a) an employer of the primary offender; or
(b) a person who authorised the primary offender to sell tobacco
products as the person's agent; or
(c) if the primary offence was committed in the course of carrying on
a business-a person who owns, manages, controls,
conducts or operates that business;
"prevention measures" by a manager in relation to a primary
offender, means doing the following things at intervals
not exceeding 6 months-
(a) instructing the primary offender-
(i) not to sell tobacco products to a person under the age of 18 years
in any circumstances, even if the tobacco
products are for, or claimed to be for, a person
over that age; and
(ii) to sight an evidence of age document for a person before
selling a tobacco product to the person; and
s. 15
(b) warning the primary offender that if the primary offender sells
tobacco products to a person under the age of 18
years in disregard of the instructions mentioned in
paragraph (a), the primary offender commits an
offence against this Act; and
(c) obtaining written acknowledgement by the primary offender that the
primary offender received the instructions and
warning mentioned in paragraphs (a) and (b);
"primary offence" means the offence committed by the primary
offender;
"primary offender" has the meaning given in sub-section
(3A).'.
16. New section 13 substituted
s. 16
For section 13 of the Tobacco Act 1987 substitute-
'13. Vending machines
(1) A person must not place or cause or permit to be placed in any
premises a vending machine for operation by members of the
public.
P 10 penalty units.
(2) Sub-section (1) does not apply to a vending machine that is placed-
(a) in the bar area of licensed premises in line of sight of a bar; or
(b) in an approved venue or in a casino in line of sight of a service
counter of the approved venue or casino; or
(c) in a bottle shop immediately adjacent to the service counter of
the bottle shop.
(3) In this section-
"bar" means a place in licensed premises that-
(a) is stocked with liquor of various types; and
(b) is used solely or mainly for the supply of liquor to customers;
and
(c) has a counter-
(i) across which liquor is supplied directly to customers; and
(ii) at which, or in the immediate vicinity of which, customers
may immediately consume the liquor supplied;
"bar area" means the area-
(a) in the immediate vicinity of a bar; and
(b) not more than 5 metres from the outer edge of the counter of the
bar;
"bottle shop" means an area in licensed premises where liquor
is supplied to customers solely for consumption off the
licensed premises;
"service counter"-
(a) of an approved venue or a casino, means a counter at which gaming
tokens (within the meaning of the Gambling Regulation
Act 2003) may be issued or redeemed;
(b) of a bottle shop, means a counter in the bottle shop across which
liquor is supplied directly to customers.'.
17. Further alteration of penalties
s. 17
For the penalty at the foot of each of sections 13A(1), 13A(2)
and 14 of the Tobacco Act 1987 substitute-
" 100 penalty units.".
18. New Division 3 inserted in Part 2
s. 18
After Division 2 of Part 2 of the Tobacco Act 1987 insert-
'Division 3-Underage Music/Dance Events
15E. What is an underage music/dance event?
For the purposes of this Division, an "underage music/dance event"
is an event that-
(a) involves the provision of music (whether live or recorded and
whether for listening to or dancing to or both); and
(b) is predominantly organised or intended for, or predominantly
attended by, persons under the age of 18 years; and
(c) is open to members of the public (whether with or without
payment); and
(d) takes place in any area or premises other than a private
residence.
15F. No smoking at underage music/dance events
(1) A person must not smoke in any area or premises while an underage
music/dance event is taking place there.
P 5 penalty units.
(2) If an inspector believes on reasonable grounds that a person is
contravening sub-section (1), the inspector, on producing his
or her identity card, may direct the person to cease the
contravention.
(3) A person who is contravening sub-section (1) must not, without
reasonable excuse, fail to comply with a direction by an
inspector to cease the contravention.
P 5 penalty units.
15G. Offence by occupier
s. 18
(1) If smoking occurs in an area or premises while an underage
music/dance event is taking place there, in contravention of
section 15F, the occupier of the area or premises is guilty
of an offence and liable to a penalty not exceeding 5 penalty
units.
(2) It is a defence to a prosecution under sub-section (1) if the
defendant proves that the defendant did not provide an
ashtray, matches, a lighter or any other thing designed to
facilitate smoking where the contravention occurred and that-
(a) the defendant was not aware, and could not reasonably be expected
to have been aware, that the contravention was occurring;
or
(b) the defendant-
(i) requested the person contravening to stop smoking; and
(ii) informed the person that the person was committing an
offence.
15H. No smoking signs
(1) The occupier of an area or premises where an underage music/dance
event is taking place is guilty of an offence, and liable to
a penalty not exceeding 5 penalty units, if, without
reasonable excuse, acceptable no smoking signs are not
displayed in accordance with sub-section (2).
Note: Section 3 defines an acceptable no smoking sign.
(2) The signs must be displayed in a manner that ensures that a person
is reasonably likely to see one or more of them either on
entering the area or premises or from within the area or
premises.
15I. Covering vending machines, tobacco advertisements etc.
s. 18
(1) The occupier of an area or premises where an underage music/dance
event is taking place must ensure that each of the following
is removed or covered at all times while the event is taking
place-
(a) a vending machine in the area or premises;
(b) a tobacco advertisement in the area or premises;
(c) a display of tobacco products in the area or premises.
P 60 penalty units.
(2) In this section-
"covered" means-
(a) in relation to a vending machine-covered by an opaque material or
some other means in such a way that none of the top,
front, back and sides of the machine or its contents
are visible;
(b) in relation to a tobacco advertisement or display of tobacco
products-covered by an opaque material or some other
means in such a way that the advertisement or
products are not visible.
15J. Prohibition on supplying tobacco at underage music/dance
events
s. 18
A person must not sell a tobacco product to another person in
any area or premises while an underage music/dance event is
taking place there.
P 50 penalty units.
15K. No offence by minors
Despite anything to the contrary in this Division or the
Sentencing Act 1991, a person under the age of 18 years does
not commit an offence if he or she contravenes a provision of
this Division.'.
19. Infringements and offences
s. 19
(1) For section 38(1) and (2) of the Tobacco Act 1987 substitute-
"(1) An inspector or a police member may serve an infringement
notice on a person whom the inspector or police member
believes has committed an infringement referred to in the
Schedule requiring the person to pay the penalty for that
infringement specified in the Schedule.
(1A) An infringement notice must contain the prescribed
information.
(2) An inspector or a police member may withdraw an infringement
notice within 28 days after serving it by sending a notice
containing the prescribed information to the person on whom
the infringement notice was served.".
(2) In the Tobacco Act 1987-
(a) in section 38-
(i) in sub-section (4), after "the inspector" insert "or police member
who served the notice";
(ii) in sub-section (5), after "the inspector" insert "or police
member who served the infringement notice";
(b) in section 39-
(i) in sub-section (1), for "member of the police force" substitute
"police member";
(ii) sub-section (3) is repealed.
(3) At the end of section 41 of the Tobacco Act 1987 insert-
"(2) Sub-section (1) does not apply to an offence against section
6(2D), 7(5), 8(3) or 9(5).".
20. New Schedule substituted
s. 20
For the Schedule to the Tobacco Act 1987 substitute-
"SCHEDULE
Section 38
Infringements
|Infringement |Penalty |
|1. An offence against |1 penalty |
|section 5A(1) |unit |
|2. An offence against |1 penalty |
|section 5B(1) |unit |
|3. An offence against |1 penalty |
|section 5C(1) |unit |
|4. An offence against |1 penalty |
|section 5D(1) |unit |
|5. An offence against |1 penalty |
|section 5E(1) |unit |
|6. An offence against |1 penalty |
|section 5F(1) |unit |
|7. An offence against |1 penalty |
|section 5G(1) |unit |
|8. An offence against |1 penalty |
|section 5H(1) |unit |
|9. An offence against |1 penalty |
|section 5I(1) |unit |
|9A. An offence against |1 penalty |
|section 5J(1) |unit |
|9B. An offence against |1 penalty |
|section 5K(1) |unit |
|10. An offence against |1 penalty |
|section 5L(1) or (2) |unit |
|11. An offence against |1 penalty |
|section 5M(1) |unit |
|12. An offence against |1 penalty |
|section 5N(1) |unit |
|13. An offence against |1 penalty |
|section 5O(1) |unit |
|14. An offence against |1 penalty |
|section 5P(1) |unit |
|15. An offence against |1 penalty |
|section 5Q(1) |unit |
|16. An offence against |1 penalty |
|section 5R(1) |unit |
|17. An offence against |1 penalty |
|section 6(2A) |unit |
|18. An offence against |1 penalty |
|section 6(2B) |unit |
|19. An offence against |2 penalty |
|section 12(1) |units |
|20. An offence against |1 penalty |
|section 12(2) |unit |
|21. An offence against |2 penalty |
|section 12(3) |units |
|22. An offence against |1 penalty |
|section 13 |unit |
|23. An offence against |1 penalty |
|section 13A |unit |
|24. An offence against |1 penalty |
|section 14 |unit |
|25. An offence against |1 penalty |
|section 15C |unit |
|26. An offence against |1 penalty |
|section 15F(1) |unit |
|27. An offence against |1 penalty |
|section 15G(1) |unit |
|28. An offence against |1 penalty |
|sect...