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Tobacco Amendment Act 2013 No. 66 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 23 Principal Act 2

PART 2—CONTROLS RELATING TO TOBACCO PRODUCTS 3

4 Definitions 35 New sections 5RC to 5RJ inserted 3

5RC No smoking in outdoor area of public swimming pool complex 3

5RD No offence by minors in outdoor area of public swimming pool complex 4

5RE No smoking at or in vicinity of outdoor children's playground equipment 4

5RF No offence by minors at or in vicinity of outdoor children's playground equipment 5

5RG No smoking at or in vicinity of outdoor skate park 55RH No offence by minors at or in vicinity of outdoor

skate park 65RI No smoking at or in vicinity of outdoor sporting venue 65RJ No offence by minors at or in vicinity or outdoor

sporting venue 86 Certain advertising prohibited 97 Repeal of section 11 98 Amendment of Schedule 9

PART 3—MISCELLANEOUS AMENDMENTS 10

9 New section 15SA inserted 1015SA Cessation of new certification as specialist tobacconist 10

10 New section 36QA inserted 1036QA Offence to intimidate, threaten or assault inspector 10

11 Power to require names of persons supplied with tobacco 1012 Regulations 11

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PART 4—REPEAL OF AMENDING ACT 12

13 Repeal of amending Act 12═══════════════

ENDNOTES 13

Tobacco Amendment Act 2013†

No. 66 of 2013

[Assented to 6 November 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is to amend the Tobacco Act 1987—

(a) to prohibit smoking in certain public outdoor areas; and

(b) to restrict further the promotion and display of tobacco products; and

Victoria

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(c) to make it an offence to threaten, assault or intimidate an inspector who is exercising a power under Part 3A of that Act; and

(d) to make other miscellaneous amendments.

2 Commencement

(1) Subject to subsection (2), the provisions of this Act come into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 October 2014, it comes into operation on that day.

3 Principal Act

In this Act, the Tobacco Act 1987 is called the Principal Act.

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Section Page

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s. 2

See:Act No.81/1987.Reprint No. 8as at1 March 2013.LawToday:www.legislation.vic.gov.au

PART 2—CONTROLS RELATING TO TOBACCO PRODUCTS

4 Definitions

In section 3 of the Principal Act insert the following definition—

"road has the same meaning as in section 3(1) of the Road Safety Act 1986;".

5 New sections 5RC to 5RJ inserted

After section 5RB of the Principal Act insert—

"5RC No smoking in outdoor area of public swimming pool complex

(1) A person must not smoke in an outdoor area of a swimming pool complex that is a public place.

Penalty: 5 penalty units.

(2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(3) A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.


(4) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is within a swimming pool complex that is a public place.

s. 4Part 2—Controls Relating to Tobacco Products

Tobacco Amendment Act 2013No. 66 of 2013

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(5) For the purposes of this section—

outdoor area, in relation to a swimming pool complex, means an area within the external perimeter of the complex that is not enclosed.

5RD No offence by minors in outdoor area of public swimming pool complex

Despite anything to the contrary in section 5RC 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 section 5RC.

5RE No smoking at or in vicinity of outdoor children's playground equipment

(1) A person must not smoke at or within 10 metres of children's playground equipment that is in an outdoor public place.


(2) Subsection (1) does not apply to a person—

(a) in a motor vehicle, unless the motor vehicle is stationary; or

(b) in an area that is separated from the children's playground equipment by a road; or

(c) at residential premises or on land at which residential premises are built or may lawfully be built.




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(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is within 10 metres of children's playground equipment.

5RF No offence by minors at or in vicinity of outdoor children's playground equipment

Despite anything to the contrary in section 5RE 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 section 5RE.

5RG No smoking at or in vicinity of outdoor skate park

(1) A person must not smoke at or within 10 metres of a skate park that is in an outdoor public place.




(b) in an area that is separated from the skate park by a road; or


(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing



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his or her identity card, may direct the person to cease the contravention.



(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is at or within 10 metres of the skate park.

(6) In this section—

skate park means an area specifically designed and equipped with structures for rollerblading, rollerskating or skateboarding or the use of BMX or non-motorised scooters.

5RH No offence by minors at or in vicinity of outdoor skate park

Despite anything to the contrary in section 5RG 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 section 5RG.

5RI No smoking at or in vicinity of outdoor sporting venue

(1) A person must not smoke at or within 10 metres of a sporting venue that is an outdoor public place during—

(a) an organised underage sporting event; or

(b) a training or practice session to prepare for participation in an organised underage sporting event; or



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(c) any break or interval during the course of the organised underage sporting event or training or practice session.




(b) in an area that is separated from the sporting venue by a road; or





(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is at or within 10 metres of the sporting venue.

(6) In this section—

organised underage sporting event means a sporting event that—

(a) is planned in advance; and

(b) is organised or intended for, or predominantly participated in by, persons under the age of 18 years; and



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(c) is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and

(d) may be a one-off event or part of a series of events;

sporting event means a match, game, tournament or other event that involves the playing of, or participation in, sport;

sporting venue includes, but is not limited to—

(a) a playing field;

(b) a track;

(c) an arena;

(d) a court or rink;

(e) any permanently or temporarily erected public seating at the venue;

(f) any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of competitors or officials;

(g) any part of the venue used to conduct the actual organised underage sporting event.

5RJ No offence by minors at or in vicinity or outdoor sporting venue

Despite anything to the contrary in section 5RI 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 section 5RI.".



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6 Certain advertising prohibited

(1) In section 6(3)(ca) of the Principal Act, for "or displayed" substitute "in it and the form in which the notice is displayed".

(2) In section 6(3)(cab) of the Principal Act, for "out or" substitute "out in it and the form in which".

7 Repeal of section 11

Section 11 of the Principal Act is repealed.

8 Amendment of Schedule

In the Schedule to the Principal Act, after item 11B insert—

"11C An offence against section 5RC(1)

1 penalty unit

Not applicable

11D An offence against section 5RC(3)

1 penalty unit

Not applicable

11E An offence against section 5RE(1)

1 penalty unit

Not applicable

11F An offence against section 5RE(4)

1 penalty unit

Not applicable

11G An offence against section 5RG(1)

1 penalty unit

Not applicable

11H An offence against section 5RG(4)

1 penalty unit

Not applicable

11I An offence against section 5RI(1)

1 penalty unit

Not applicable

11J An offence against section 5RI(4)

1 penalty unit

Not applicable".

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PART 3—MISCELLANEOUS AMENDMENTS

9 New section 15SA inserted

After the heading to Part 2A of the Principal Act insert—

"15SA Cessation of new certification as specialist tobacconist

Despite anything to the contrary in this Part, a person may not make an application under section 15T on and from the commencement of this section.".

10 New section 36QA inserted

After section 36Q of the Principal Act insert—

"36QA Offence to intimidate, threaten or assault inspector

A person must not, without reasonable excuse, intimidate, threaten or assault an inspector who is exercising a power under this Part.

Penalty: 60 penalty units.".

11 Power to require names of persons supplied with tobacco

For section 42A(3) of the Principal Act substitute—

"(3) The Secretary must not give to any other person, whether directly or indirectly, any information acquired by the Secretary under this section except to the extent necessary—

(a) to enable the Secretary to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or



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(b) to enable an inspector to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or

(c) to enable the tobacco retailers identified by the information to be informed about their obligations under this Act, the regulations or another law of this State or of the Commonwealth in relation to the sale of tobacco products; or

(d) to further the purpose or objects of the Act.

Penalty: 60 penalty units.".

12 Regulations

(1) Section 43(1)(a), (aa) and (b) of the Principal Act are repealed.

(2) Section 43(4) of the Principal Act is repealed.

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PART 4—REPEAL OF AMENDING ACT

13 Repeal of amending Act

This Act is repealed on 1 October 2015.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 18 September 2013

Legislative Council: 17 October 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Tobacco Act 1987 to prohibit smoking in certain public outdoor areas, to restrict further the promotion and display of tobacco products, to make it an offence to threaten, assault or intimidate an inspector who is exercising a power under Part 3A of that Act and for other purposes."

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