Tobacco (Control of Tobacco Effects on Minors) Bill 2007

PARLIAMENT OF VICTORIA

TABLE OF PROVISIONS

Clause Page

PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2

PART 2—AMENDMENT OF THE TOBACCO ACT 1987 3 5 3 Amendment of purpose 3 4 New section 5S inserted 3 5S Smoking in motor vehicle in presence of person under 18 years 3 5 New section 10A inserted 4 10 10A Prohibited tobacco products 4 6 New section 11B inserted 4 11B Minor not permitted to sell tobacco products 4 7 Requesting minor to obtain tobacco product 6 8 New sections 12A, 12B and 12C inserted 6 15 12A Use etc. of tobacco by persons under 18 years 6 12B Misrepresentation as to age 6 12C Wrongful dealing in evidence of age document etc. 7 9 Repeal 7 10 Power to require name, age and address 7 20 11 Infringement notices 8 12 New section 38A inserted 9 38A Additional steps required by infringement notice 9 13 Amendment of Schedule 10

PART 3—AMENDMENT OF THE ROAD SAFETY ACT 1986 11 25 14 Amendment of definition 11

PART 4—REPEAL OF AMENDING ACT 12 15 Repeal of Act 12

ENDNOTES 13

561PM5B.I-10/6/2008 i BILL LC INTRODUCTION 10/6/2008 PARLIAMENT OF VICTORIA

Introduced in the Council by Mr. Damian Drum

Tobacco (Control of Tobacco Effects on Minors) Bill 2007

A Bill for an Act to amend the Tobacco Act 1987 to further control the effects of tobacco products on minors by making it an offence to smoke in motor vehicles in the presence of minors and for minors to possess tobacco products and for other purposes.

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose The purpose of this Act is to enhance the health of persons under the age of 18 years by— 5 (a) prohibiting smoking in a vehicle while a person under the age of 18 years is present; and (b) prohibiting the sale of tobacco products that have been declared by the Minister to be 10 prohibited tobacco products; and

561PM5B.I-10/6/2008 1 BILL LC INTRODUCTION 10/6/2008 s. 2

(c) prohibiting the sale, purchase, possession and use of tobacco products by persons under the age of 18 years; and (d) extending tobacco controls at underage 5 music/dance events to persons under the age of 18 years. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. 10 (2) If a provision of this Act does not come into operation before 1 July 2009, it comes into operation on that day. ______s. 3 PARLIAMENT OF VICTORIA

PART 2—AMENDMENT OF THE TOBACCO ACT 1987

3 Amendment of purpose See: In section 1 of the Tobacco Act 1987, after Act No. 81/1987. "products" insert ", to create offences in relation 5 Reprint No. 6 to smoking and the possession of tobacco as at 1 March 2006 products". and amending Act Nos 45/2005, 32/2006, 69/2006 and 80/2006. LawToday: www. legislation. vic.gov.au

4 New section 5S inserted After section 5R of the Tobacco Act 1987 insert — 10 "5S Smoking in motor vehicle in presence of person under 18 years (1) Despite anything to the contrary in this Act, a person must not smoke in a motor vehicle, whether or not the motor vehicle is in 15 motion, if a person under the age of 18 years is also present in the motor vehicle. Penalty: 20 penalty units. (2) In this section, motor vehicle has the same meaning as in the Road Safety Act 1986.".

561PM5B.I-10/6/2008 3 BILL LC INTRODUCTION 10/6/2008 Tobacco (Control of Tobacco Effects on Minors) Bill 2007

Part 4—Repeal of Amending Act s. 5

5 New section 10A inserted After section 10 of the Tobacco Act 1987 insert — "10A Prohibited tobacco products 5 (1) The Minister may declare, by notice published in the Government Gazette, that a tobacco product, or a class of tobacco products, specified in the notice is a prohibited tobacco product. 10 (2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that— (a) the tobacco product or the smoke of the product possesses a distinctive fruity, 15 sweet or confectionary-like character; and (b) the nature of the tobacco product or the way in which it is advertised might encourage young people to smoke. 20 (3) The Minister, by further notice published in the Government Gazette, may vary or revoke a declaration under this section. (4) A person must not sell a prohibited tobacco product by retail. 25 Penalty: 50 penalty units.". 6 New section 11B inserted After section 11A of the Tobacco Act 1987 insert — "11B Minor not permitted to sell tobacco 30 products (1) A person who carries on or manages a tobacco retailing business or a tobacco

wholesaling business, other than a business referred to in subsection (3), must not permit a person under the age of 18 years to sell a tobacco product. 5 Penalty: 10 penalty units. (2) A person under the age of 18 years must not sell a tobacco product in the course of his or her employment in a tobacco retailing business or a tobacco wholesaling business, 10 other than a business referred to in subsection (3). Penalty: 1 penalty unit. (3) This section does not apply to a tobacco retailing business or a tobacco wholesaling 15 business— (a) that is a small family-owned and operated business; and (b) in which the sale of tobacco products is not the main business. 20 (4) For the purposes of subsection (3), a small family-owned and operated business means a business in which— (a) the owners of the business are also its principal operators; and 25 (b) there are not more than 5 employees (whether full-time or part-time), excluding the owners of the business.".

7 Requesting minor to obtain tobacco product After section 12(1) of the Tobacco Act 1987 insert— "(1A) A person must not request another person 5 whom he or she knows or believes to be under the age of 18 years to purchase a tobacco product. Penalty: 5 penalty units.". 8 New sections 12A, 12B and 12C inserted 10 After section 12 of the Tobacco Act 1987 insert — "12A Use etc. of tobacco by persons under 18 years (1) A person under the age of 18 years must not 15 smoke in a public place. Penalty: 5 penalty units. (2) A person under the age of 18 years must not purchase a tobacco product. Penalty: 5 penalty units. 20 (3) A person under the age of 18 years must not obtain a tobacco product from a vending machine. Penalty: 5 penalty units. (4) A person under the age of 18 years must not 25 possess a tobacco product in a public place. Penalty: 5 penalty units. 12B Misrepresentation as to age A person under the age of 18 years must not represent that he or she is of or over the age 30 of 18 years for the purpose of—

(a) smoking in a public place; or (b) purchasing a tobacco product; or (c) obtaining a tobacco product from a vending machine; or 5 (d) possessing a tobacco product in a public place. Penalty: 1 penalty unit. 12C Wrongful dealing in evidence of age document etc. 10 (1) A person must not knowingly allow an evidence of age document issued to the person, or any other document that enables the person's identity and age to be determined, to be used by a person under the 15 age of 18 years to contravene this Act. Penalty: 5 penalty units. (2) A person must not wilfully or negligently deface or interfere with an evidence of age document, or any other document that 20 enables a person's identity and age to be determined, for the purpose of contravening this Act. Penalty: 5 penalty units.". 9 Repeal 25 Section 15K of the Tobacco Act 1987 is repealed. 10 Power to require name, age and address (1) Insert the following heading to section 36C of the Tobacco Act 1987— 30 "Power to require name, age and address".

(2) After section 36C(1) of the Tobacco Act 1987 insert— "(1A) An inspector may request a person to state his or her age or date of birth if the inspector 5 believes on reasonable grounds that the person has committed, or is about to commit, an offence against section 12A or 12B.". (3) In section 36C(2) of the Tobacco Act 1987, after "subsection (1)" insert "or (1A)". 10 (4) In section 36C(3) of the Tobacco Act 1987— (a) in paragraph (c), for "business." substitute "business; or"; (b) after paragraph (c) insert— "(d) state an age or date of birth that is false 15 in a material particular.". (5) For the penalty at the foot of section 36C(3) of the Tobacco Act 1987 substitute— "Penalty: If the person is of or over the age of 18 years, 5 penalty units; 20 If the person is under the age of 18 years, 1 penalty unit.". 11 Infringement notices After section 38(3) of the Tobacco Act 1987 insert— 25 "(4) For the purposes of subsection (1), an infringement notice to be served on a person under the age of 18 years may include details of the additional steps (if any) required to expiate the offence.".

12 New section 38A inserted After section 38 of the Tobacco Act 1987 insert — "38A Additional steps required by infringement 5 notice (1) Additional steps required to expiate an offence referred to in section 38(1) may include— (a) the notification of a parent or guardian 10 of the person under the age of 18 years; (b) a requirement that the person under the age of 18 years complete an approved anti-tobacco education course. (2) If an infringement notice requires additional 15 steps to be taken to expiate an offence and, within the required period, the person served with the infringement notice informs the inspector or police member that those steps have been taken, the inspector or police 20 member must— (a) without delay, find out whether or not those steps have been taken; and (b) serve on the person a notice stating whether or not those steps have been 25 taken. (3) In this section— approved anti-tobacco education course means a program that is approved by the Secretary, by notice published in 30 the Government Gazette, for the purposes of this section;

required period means— (a) the period set out in the infringement notice for taking additional steps; or 5 (b) if the inspector or police member allows, the period within which late payment is to be made in accordance with section 15 of the Infringements Act 2006.". 10 13 Amendment of Schedule In the Schedule to the Tobacco Act 1987, for items 19, 20 and 21 substitute— "19. An offence against section 12(1) 1 penalty unit 20. An offence against section 12(2) 1 penalty unit 21. An offence against section 12(3) 1 penalty unit 21A. An offence against section 12A(1) 1 penalty unit 21B. An offence against section 12A(2) 1 penalty unit 21C. An offence against section 12A(3) 1 penalty unit 21D. An offence against section 12A(4) 1 penalty unit 21E. An offence against section 12B 1 penalty unit". ______

PART 3—AMENDMENT OF THE ROAD SAFETY ACT 1986

14 Amendment of definition In section 3(1) of the Road Safety Act 1986, in the definition of traffic infringement, after 5 paragraph (f) insert— "(g) an offence against section 5S of the Tobacco Act 1987 which is a prescribed offence for the purposes of Part 7; or". ______

PART 4—REPEAL OF AMENDING ACT

15 Repeal of Act This Act is repealed on 1 July 2010. Note 5 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). ═══════════════

Endnotes

ENDNOTES

By Authority. Government Printer for the State of Victoria.

561PM5B.I-10/6/2008 13 BILL LC INTRODUCTION 10/6/2008