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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Tobacco Amendment (Smoking at Patrolled
Beaches) Bill 2012
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 New sections 5RA and 5RB inserted 2
5RA No smoking at patrolled beaches 2
5RB No offence bwy minors at patrolled beaches 3
4 Infringements inserted 3
5 Repeal of amending Act 3
ENDNOTES 4
571258B.I-10/10/2012 i BILL LA INTRODUCTION 10/10/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Tobacco Amendment (Smoking at
Patrolled Beaches) Bill 2012
A Bill for an Act to amend the Tobacco Act 1987 to ban
smoking between the flags at patrolled beaches and within a 50 metre
radius of each of those flags and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Tobacco
Act 1987 to ban smoking between the flags at
patrolled beaches and within a 50 metre radius of
5 each of those flags.
2 Commencement
This Act comes into operation on 1 December
2012.
571258B.I-10/10/2012 1 BILL LA INTRODUCTION 10/10/2012
Tobacco Amendment (Smoking at Patrolled Beaches) Bill 2012
s. 3
3 New sections 5RA and 5RB inserted
See: After section 5R of the Tobacco Act 1987
Act No.
81/1987. insert--
Reprint No. 7
as at "5RA No smoking at patrolled beaches
27 May 2010
5 and (1) A person must not smoke within an area
amending
Act Nos (on public land or in the sea) that is--
49/2009,
29/2010, (a) between red and yellow flags
49/2010, temporarily erected on behalf of Surf
27/2011 and
58/2011. Life Saving Victoria or its affiliated
10 LawToday:
www.
surf life saving clubs marking the
legislation. boundaries for safe swimming; or
vic.gov.au
(b) within a 50 metre radius of a red and
yellow flag referred to in paragraph (a).
Penalty: 5 penalty units.
15 (2) Subsection (1) does not apply in an area
beyond--
(a) the landward edge of a beach's sanded
area if the beach is adjacent to the coast
or a bay; or
20 (b) the water's edge or the landward edge
of a beach's sanded area if the beach is
adjacent to a river.
(3) If an inspector believes on reasonable
grounds that a person is contravening
25 subsection (1), the inspector, on producing
his or her identity card, may direct the person
to cease the contravention.
(4) A person who is contravening subsection (1)
must comply with a direction by an inspector
30 to cease the contravention.
Penalty: 5 penalty units.
571258B.I-10/10/2012 2 BILL LA INTRODUCTION 10/10/2012
Tobacco Amendment (Smoking at Patrolled Beaches) Bill 2012
s. 4
5RB No offence by minors at patrolled beaches
Despite anything to the contrary in
section 5RA or the Sentencing Act 1991, a
person under the age of 18 years does not
5 commit an offence if he or she contravenes a
provision of section 5RA.".
4 Infringements inserted
In the Schedule to the Tobacco Act 1987, after
item 11 insert--
"11A An offence against 1 penalty Not
section 5RA(1) unit applicable
11B An offence against 1 penalty Not
section 5RA(4) unit applicable".
10 5 Repeal of amending Act
This Act is repealed on 1 December 2013.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
15 Interpretation of Legislation Act 1984).
571258B.I-10/10/2012 3 BILL LA INTRODUCTION 10/10/2012
Tobacco Amendment (Smoking at Patrolled Beaches) Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571258B.I-10/10/2012 4 BILL LA INTRODUCTION 10/10/2012
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