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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 88
Tobacco
Control Legislation Amendment Bill 2014
Mrs
Lambley
A Bill for an Act to amend the Tobacco Control Act and Tobacco Control Regulations
NORTHERN TERRITORY OF AUSTRALIA
TOBACCO CONTROL LEGISLATION AMENDMENT ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
6A Application
of Criminal Code
Part
2A Smoking in motor
vehicles with children under 16 prohibited
11A Offence
to smoke in motor vehicle with child under
16
17 Price
discounting not to be
advertised
25 Point
of sale restrictions
26 Vending machine restrictions
27 Signs
to be displayed at point of sale other than vending
machine
45 False
identification
50A Power
to stop motor vehicle and smoking in motor
vehicle
53A Wholesalers
to provide information about quantity of tobacco products
supplied
54 Misleading
information
57 Confidentiality
of information
Part
9 Transitional matters
for Tobacco Control Legislation Amendment Act 2014
61 Offences – before and after commencement
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to amend the Tobacco Control Act and Tobacco Control Regulations
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Tobacco Control Legislation Amendment Act 2014.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Tobacco Control
Act
3 Act
amended
This Part amends the Tobacco Control Act.
(1) Section 5
insert (in alphabetical order)
motor vehicle means a vehicle designed to be self-propelled, including a trailer or caravan when attached to such a vehicle, but excluding the following:
(a) a vehicle that runs on rails;
(b) a powered cycle, as defined in section 5(1) of the Motor Vehicles Act;
(c) a campervan or caravan that is parked and set up as a place for living or sleeping;
(d) a smoke-free area.
(2) Section 5, definition shared accommodation, paragraph (b)
omit, insert
(b) commercial visitor accommodation, as defined in the Public and Environmental Health Regulations.
Section 5C(4), penalty provision
omit, insert
Maximum penalty: 20 penalty units.
After section 6, in Part 1
insert
6A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this Act.
Note for section 6A
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(1) Section 8(1), penalty provision
omit, insert
Maximum penalty: 20 penalty units.
(2) Section 8(2)
omit
a regulatory offence
insert
an offence of strict liability
(1) Section 9(2)(b)
omit
area; and
insert
area.
(2) Section 9(2)(c)
omit
Section 10(1)
omit, insert
(1) The occupier of premises commits an offence if:
(a) a person smokes in an area of the premises; and
(b) the area is a smoke-free area.
Maximum penalty: 20 penalty units.
(1A) Strict liability applies to subsection (1)(a).
Section 11(4), penalty provision
omit, insert
Maximum penalty: 20 penalty units.
After section 11
insert
Part 2A Smoking in motor vehicles with children under 16 prohibited
11A Offence to smoke in motor vehicle with child under 16
(1) A person who is 16 years or older commits an offence if:
(a) the person smokes in a motor vehicle; and
(b) the motor vehicle is on a public street or in a public place; and
(c) another person is in the motor vehicle; and
(d) the other person is under 16 years of age.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) In proceedings for an offence against subsection (1), if it is proved that the other person appeared to be under the 16 years, the person is presumed to be under 16 years in the absence of evidence to the contrary.
Note for subsection (3)
The prosecution has a legal burden to prove that the person appeared to be under 16 years. The defendant has an evidentiary burden in relation to evidence to the contrary.
(4) In this section:
public place means a place the public is entitled to use or that is open to or used by the public, whether on payment of money or otherwise.
(1) Section 12(1), (2) and (3) penalty provision
omit, insert
Maximum penalty: 100 penalty units.
(2) Section 12(4)
omit
a regulatory offence
insert
an offence of strict liability
Section 13, penalty provision
omit, insert
Maximum penalty: 20 penalty units.
Section 14, penalty provision
omit, insert
Maximum penalty: 20 penalty units.
Section 15(1), penalty provision
omit, insert
Maximum penalty: 200 penalty units.
Section 16, penalty provision
omit, insert
Maximum penalty: 200 penalty units.
Section 17
repeal, insert
17 Price discounting not to be advertised
A person commits an offence if:
(a) the person engages in price discounting of a product; and
(b) the product is a tobacco product; and
(c) the person advertises the price discounting of the product.
Maximum penalty: 20 penalty units.
Section 18, penalty provision
omit, insert
Maximum penalty: 20 penalty units.
Section 19(1), penalty provision
omit, insert
Maximum penalty: 200 penalty units.
(1) Section 20(1), penalty provision
omit, insert
Maximum penalty: 20 penalty units.
(2) Section 20(3)
omit
a regulatory offence
insert
an offence of strict liability
(1) Section 22(4), penalty provision
omit, insert
Maximum penalty: 20 penalty units.
(2) Section 22(5)
omit
a regulatory offence
insert
an offence of strict liability
(1) Section 23(1), penalty provision
omit, insert
Maximum penalty: 100 penalty units.
(2) section 23(2)
omit
a regulatory offence
insert
an offence of strict liability
Sections 24 to 27
repeal, insert
(1) The occupier of premises commits an offence if:
(a) the premises are not liquor licensed premises; and
(b) there is more than one point of sale for tobacco products in or on the premises.
Maximum penalty: 100 penalty units.
(2) The occupier of premises commits an offence if:
(a) the premises are liquor licensed premises; and
(b) in or on the premises there is:
(i) more than one over the counter point of sale for tobacco products for each bar area of the premises; or
(ii) more than one vending machine for tobacco products for each bar area of the premises.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (1) or (2) is an offence of strict liability.
26 Vending machine restrictions
(1) The occupier of premises commits an offence if:
(a) the premises are not liquor licensed premises; and
(b) there is a vending machine for tobacco products in or on the premises.
Maximum penalty: 100 penalty units.
(2) The occupier of premises commits an offence if:
(a) the premises are liquor licensed premises; and
(b) there is a vending machine for tobacco products in an area of the premises; and
(c) the area is neither of the following:
(i) a children free area;
(ii) a supervised children area.
Maximum penalty: 100 penalty units.
(3) The occupier of premises commits an offence if:
(a) the premises are liquor licensed premises; and
(b) there is a vending machine for tobacco products in an area of the premises; and
(c) the area is a supervised children area; and
(d) the vending machine is located out of the line of sight of a bar service area in the area of the premises.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (1), (2) or (3) is an offence of strict liability.
(5) In this section:
children free area means an area a child must not enter or remain in under the Liquor Act.
supervised children area means an area which, under the Liquor Act, a child must not enter or remain in unless the child is in the company of an adult who is the child's parent, guardian or spouse.
Note for section 26
A child may be prohibited from entering or remaining in a liquor licensed area in a declaration made under section 106 of the Liquor Act or under conditions of a licence issued under the Liquor Act.
27 Signs to be displayed at point of sale other than vending machine
(1) The occupier of premises commits an offence if:
(a) there is a point of sale for tobacco products, other than a vending machine, in or on the premises; and
(b) neither of the following are displayed at the point of sale:
(i) a prescribed health warning;
(ii) a prescribed notice indicating that selling tobacco products to children is prohibited.
Maximum penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Section 28, penalty provision
omit, insert
Maximum penalty: 500 penalty units.
Section 30, penalty provision
omit, insert
Maximum penalty: 100 penalty units.
Section 33, penalty provision
omit, insert
Maximum penalty: 20 penalty units.
Section 37, penalty provision
omit, insert
Maximum penalty: 20 penalty units.
Section 42(1), penalty provision
omit, insert
Maximum penalty: 200 penalty units.
(1) Section 43(1)
omit
or has reason to believe
insert
, or ought reasonably to know,
(2) Section 43(1) and (2), penalty provision
omit, insert
Maximum penalty: 200 penalty units.
Section 45
repeal, insert
A person commits an offence if:
(a) the person uses photographic identification; and
(b) the photographic identification is false or belongs to another person; and
(c) the person does so with intent to obtain a tobacco product.
Maximum penalty: 20 penalty units.
Section 46, penalty provision
omit, insert
Maximum penalty: 20 penalty units.
After section 48(2)
insert
(3) An offence against subsection (2) is an offence of strict liability.
After section 50
insert
50A Power to stop motor vehicle and smoking in motor vehicle
If an authorised officer suspects on reasonable grounds that a person in a motor vehicle is committing or has committed an offence against section 11A, the authorised officer may do either or both of the following:
(a) require the driver of the motor vehicle to stop the motor vehicle;
(b) require the person to stop smoking.
(1) Section 52(b)
omit
refuse or
(2) Section 52, penalty provision
omit, insert
Maximum penalty: 100 penalty units.
Section 53(2), penalty provision
omit, insert
Maximum penalty: 100 penalty units.
After section 53
insert
53A Wholesalers to provide information about quantity of tobacco products supplied
(1) The Chief Health Officer may request a wholesaler to provide the Chief Health Officer with information about the quantity of tobacco products sold or supplied by the wholesaler to retailers of tobacco products.
(2) A wholesaler must comply with a request made under subsection (1).
Maximum penalty: 100 penalty units.
Section 54
repeal, insert
(1) A person commits an offence if:
(a) the person gives information to another person; and
(b) the other person is a relevant officer; and
(c) the person knows the information is misleading; and
(d) the person knows the relevant officer is acting in an official capacity.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if:
(a) the person gives a document to another person; and
(b) the other person is a relevant officer; and
(c) the person knows the document contains misleading information; and
(d) the person knows the relevant officer is acting in an official capacity.
Maximum penalty: 100 penalty units.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the relevant officer's attention; and
(b) to the extent to which the person can reasonably do so – gives the relevant officer the information necessary to remedy the misleading aspect of the document.
(5) In this section:
acting in an official capacity, in relation to a relevant officer, means the relevant officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
relevant officer means the Director, the Chief Health Officer or an authorised officer.
Section 57
repeal, insert
57 Confidentiality of information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing functions connected with the administration of this Act; and
(b) the person engages in conduct that results in the disclosure of the information.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if:
(a) the person discloses the information:
(i) for the administration of this Act; or
(ii) with the consent of the person to whom the information relates; or
(iii) for legal proceedings arising out of the operation of this Act; or
(b) the information is otherwise available to the public.
Note for subsection (2)
In addition to the circumstances mentioned in subsection (2), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
After section 60
insert
Part 9 Transitional matters for Tobacco Control Legislation Amendment Act 2014
61 Offences – before and after commencement
(1) The offence provisions, as amended by the Tobacco Control Legislation Amendment Act 2014, apply only in relation to offences committed after the commencement of that Act (commencement).
(2) The offence provisions, as in force before commencement, continue to apply in relation to offences committed before commencement.
(3) For this section, if any of the conduct constituting an offence occurred before commencement, the offence is taken to have been committed before commencement.
(4) In this section:
offence provisions means the provisions of this Act that relate to offences (including in relation to criminal responsibility, defences and penalties).
Part
3 Amendment of Tobacco Control
Regulations
40 Regulations
amended
This Part amends the Tobacco Control Regulations.
Regulation 8A(4), penalty provision
omit, insert
Maximum penalty: 100 penalty units.
Note for subregulation (4)
The transitional provision in section 61 of the Act applies in relation to this offence.
Regulation 22
repeal
(1) Schedule, item for section 24(1)
omit
(2) Schedule
insert (in numerical order)
Section
11A(1)
Offence to smoke in car with child under 16 |
2 penalty units
|
Section 25(1)
Point of sale restrictions |
0.8 penalty unit
|
Section 25(2)
Point of sale restrictions |
0.8 penalty unit
|
Section
26(1)
Vending machine restrictions |
0.8 penalty unit
|
Section
26(2)
Vending machine restrictions |
0.8 penalty unit
|
Section
26(3)
Vending machine restrictions |
0.8 penalty unit
|
Section 27(1)
Signs to be displayed at point of sale other than vending machine |
0.8 penalty unit
|
Part 4 Expiry
of
Act
44 Expiry
of Act
This Act expires on the day after it commences.
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