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Public Health Amendment Act 2008
An Act to amend the Public Health Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Public Health Amendment Act 2008 .
(1) Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent.(2) Part 3 is taken to have commenced on 16 June 2000.
PART 2 - Public Health Act 1997 Amended
In this Part, the Public Health Act 1997 is referred to as the Principal Act.
4. Section 14 amended (Emergency declaration)
Section 14 of the Principal Act is amended as follows:(a) by omitting subsection (1) and substituting the following subsection:(1) The Director, by any means the Director considers appropriate, may declare that a public health emergency exists if satisfied that the situation requires it.(b) by inserting the following subsection after subsection (2) :(3) The Director is to notify the State Controller, within the meaning of the Emergency Management Act 2006 , if the existence of a public health emergency is declared under this section.
5. Section 15 amended (Duration of emergency declaration)
Section 15 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(a) "2 days" and substituting "7 days";(b) by omitting from subsection (2) "Director," and substituting "Director";(c) by omitting from subsection (2) "2 days" and substituting "7 days".
6. Section 64 amended (Sale to children)
Section 64 of the Principal Act is amended by omitting subsection (4) .
7. Section 65 repealed
Section 65 of the Principal Act is repealed.
8. Section 67 amended (Warnings and information)
Section 67 of the Principal Act is amended by omitting subsection (5) .
9. Part 4, Division 2: Heading amended
Division 2 of Part 4 of the Principal Act is amended by omitting "Display, advertising and packaging" from the heading to that Division and substituting "Display, advertising, packaging, &c.".
10. Section 68A amended (Restrictions regarding toys and confections, &c.)
Section 68A of the Principal Act is amended by omitting "sell or supply" and substituting "display, sell or supply".
11. Section 69A inserted
After section 69 of the Principal Act , the following section is inserted in Division 2:A person who sells any tobacco or tobacco product must display a notice in the approved form in a conspicuous position in the place where it is sold.
12. Section 70A inserted
After section 70 of the Principal Act , the following section is inserted in Division 2:The owner or lessee of premises at which a tobacco product vending machine is situated must ensure that the machine is not able to be operated by a member of the public without the owner's or lessee's assistance or the assistance of a person acting on his or her behalf.Penalty: Fine not exceeding 25 penalty units.
13. Section 74AA inserted
After section 74 of the Principal Act , the following section is inserted in Division 2:74AA. Incorrect information relating to health effects of tobacco or tobacco products
A manufacturer or supplier of any tobacco or tobacco product must not provide incorrect information regarding the health effects of tobacco or tobacco products.
PART 3 - Public Health Act 1997 Further Amended
In this Part, the Public Health Act 1997 is referred to as the Principal Act.
15. Section 74K amended (Notification of additional premises)
Section 74K of the Principal Act is amended by inserting after subsection (1) the following subsection:(1A) A notification under this section is to be accompanied by the prescribed fee.
[Second reading presentation speech made in:
House of Assembly on 12 NOVEMBER 2008
Legislative Council on 19 NOVEMBER 2008]