Public Health Amendment (Tobacco) Act 2000

Public Health Amendment (Tobacco) Act 2000

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:

1.   Short title

This Act may be cited as the Public Health Amendment (Tobacco) Act 2000 .

2.   Commencement

(1)  Sections 10 and 12 commence on 31 October 2000.

(2)  Sections 5 , 7 and 11 commence on 1 January 2001.

(3)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Public Health Act 1997 is referred to as the Principal Act.

4.   

The amendments effected by this section have been incorporated into the authorised version of the Public Health Act 1997 .

5.   Section 3 further amended (Interpretation)

Section 3 of the Principal Act is further amended by omitting "accessible to the public that sells tobacco product" from the definition of "tobacco product vending machine" and substituting "from which tobacco product is dispensed".

6.   

The amendment effected by this section has been incorporated into the authorised version of the Public Health Act 1997 .

7.    Section 65 substituted

Section 65 of the Principal Act is repealed and the following section is substituted:

65.   Vending machines

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 his or her assistance or the assistance of a person acting on his or her behalf.

Penalty:  Fine not exceeding 25 penalty units.

8.   

The amendment effected by this section has been incorporated into the authorised version of the Public Health Act 1997 .

9.   

The amendment effected by this section has been incorporated into the authorised version of the Public Health Act 1997 .

10.    Section 70 amended (Display of tobacco products and advertisements)

Section 70(3) of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:

(a) more than one packet of each product line of a tobacco product at any premises; or

11.    Section 71 amended (Display on machines)

Section 71 of the Principal Act is amended by omitting "or a device for storing or securing tobacco products must ensure that the machine or device does not display any tobacco advertising or wording, other than wording" and substituting "must ensure that the machine does not display any tobacco advertising or wording other than wording or a type or class of wording".

12.    Sections 72A and 72B inserted

After section 72 of the Principal Act , the following sections are inserted in Division 2:

72A.   Display in public areas

(1)  A person must not display any tobacco product within 75 centimetres of any other displayed product designed or marketed for the use of a child.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not display any packet of tobacco product unless it is in a sales unit.

Penalty:  Fine not exceeding 25 penalty units.

(3)  A person must ensure that a sales unit in which tobacco product is displayed –

(a) is not on any counter accessible to the public; and

(b) is wholly within the service area except for one tobacco product vending machine that may be situated outside the service area; and

(c) does not display more than 150 packets of tobacco product in it; and

(d) does not display a price ticket or price board, otherwise than in accordance with the guidelines; and

(e) does not have a device that causes movement, visible to the public, of any part of the sales unit or tobacco product; and

(f) does not have a mirror or other reflective device, interior lighting, exterior lighting attached to the sales unit or external spotlighting; and

(g) is not positioned so that the packet of tobacco product faces more or less towards a window or a public entrance unless –

(i) the direction faced is perpendicular to the plane of the window or the public entrance; or

(ii) the window or public entrance is at least 2 metres from the display.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person must ensure that tobacco products in a sales unit are not displayed in an area that exceeds 4 square metres.

Penalty:  Fine not exceeding 50 penalty units.

(5)  A person must not display tobacco product in more than one sales unit in any premises.

Penalty:  Fine not exceeding 50 penalty units.

(6)  Subsection (3)(a) and (c) , subsection (4) and subsection (5) do not apply to specialist tobacconist premises.

(7)  A person must not display any tobacco product in premises where it is sold using any of the following to enhance the display:

(a) colour coding of the premises in colours that form part of the usual packaging of the tobacco product within 5 metres of the tobacco product;

(b) lines, borders and other visual design effects that make the display stand out;

(c) partial imaging or wording of the packaging of the tobacco product;

(d) mirrors or other reflective devices that reflect images of the tobacco product or any other product prohibited from display;

(e) holograms linked to the display;

(f) empty packets, cartons, cigarette shippers and boxes of tobacco product;

(g) cabinets or display cases that contain trademark, colours or wording usually used in packaging of the tobacco product, except for a device containing no designs, colours, fabrics or wording usually associated with the packaging of the tobacco product that is used to allow a tobacco product to be extracted.

Penalty:  Fine not exceeding 50 penalty units.

(8)  A person must not display a carton or a cigarette shipper in any public place.

Penalty:  Fine not exceeding 50 penalty units.

(9)  Subsection (8) does not apply to a person who –

(a) sells tobacco product only in cartons; and

(b) complies with section 70(3)(a) and this section as if the cartons were packets.

72B.   Specialist tobacconist premises

(1)  The Director, by notice in writing, may determine that specified premises are or are not specialist tobacconist premises.

(2)  In making the determination, the Director may take into account whether or not products at the premises are able to be purchased lawfully by a child.

(3)  A person may appeal to a magistrate against the determination of the Director that premises are not specialist tobacconist premises.

13.   

The amendment effected by this section has been incorporated into the authorised version of the Public Health Act 1997 .