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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Tobacco Products Control Amendment Bill 2017
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 18A inserted 2
18A. No retail sale by person under 18 years 2
5. Sections 21A and 21B inserted 3
21A. No sale of cigarettes in certain packages 3
21B. No sale of flavoured cigarettes 3
6. Section 23 amended 3
7. Section 25 amended 4
8. Section 33A inserted 5
33A. Tobacco products not to be included in
loyalty programme 5
9. Section 38 amended 5
10. Section 39 amended 6
11. Section 40 amended 7
12. Section 77 replaced 7
77. Appointment of restricted investigators 7
13. Section 78 amended 8
14. Section 81 amended 9
15. Section 82 amended 10
16. Section 92 amended 10
17. Section 115 amended 11
18. Section 119 amended 12
19. Section 124 amended 12
20. Part 9 inserted 12
Part 9 -- Transitional provisions for Tobacco
Products Control Amendment Act 2017
128. Restricted investigators 12
129. Application of s. 119(1) to certain
convictions 13
21. Glossary amended 13
28--2 page i
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Tobacco Products Control Amendment Bill 2017
A Bill for
An Act to amend the Tobacco Products Control Act 2006.
The Parliament of Western Australia enacts as follows:
page 1
Tobacco Products Control Amendment Bill 2017
s. 1
1 1. Short title
2 This is the Tobacco Products Control Amendment Act 2017.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent (assent day);
7 (b) section 4 -- on the day after the period of 24 months
8 beginning on assent day;
9 (c) the rest of the Act -- on the day after the period of
10 6 months beginning on assent day.
11 3. Act amended
12 This Act amends the Tobacco Products Control Act 2006.
13 4. Section 18A inserted
14 After section 18 insert:
15
16 18A. No retail sale by person under 18 years
17 The holder of a retailer's licence must not authorise or
18 allow a person who has not reached 18 years of age to
19 sell a tobacco product.
20 Penalty: see section 115.
21
page 2
Tobacco Products Control Amendment Bill 2017
s. 5
1 5. Sections 21A and 21B inserted
2 After section 21 insert:
3
4 21A. No sale of cigarettes in certain packages
5 The holder of a licence must not sell, or authorise or
6 allow to be sold, cigarettes in a package that is
7 designed to be, or is capable of being, split into 2 or
8 more portions each containing fewer than 20 cigarettes.
9 Penalty: see section 115.
10 21B. No sale of flavoured cigarettes
11 The holder of a licence must not sell, or authorise or
12 allow to be sold, a cigarette that, when smoked, has a
13 flavour or aroma of --
14 (a) any kind of fruit; or
15 (b) mint (but not menthol), chocolate, vanilla,
16 caramel, coconut or any other flavour (but not a
17 spice) commonly used in the production of
18 confectionery.
19 Penalty: see section 115.
20
21 6. Section 23 amended
22 (1) After section 23(1) insert:
23
24 (2) If a person is charged with an offence under
25 section 22(1) it is a defence to prove that at the time the
26 offence is alleged to have been committed --
27 (a) the person was a specialist retailer; and
28 (b) the display was of a cigar or an implement
29 designed to cut a cigar; and
page 3
Tobacco Products Control Amendment Bill 2017
s. 7
1 (c) the display could not be seen from a public
2 place outside the premises specified in the
3 licence; and
4 (d) a health warning sign in accordance with the
5 regulations was displayed immediately adjacent
6 to the display.
7
8 (2) Delete section 23(4).
9 Note: The heading to amended section 23 is to read:
10 Defence to s. 22(1) offence for specialist retailers
11 7. Section 25 amended
12 (1) At the end of section 25(1) insert:
13
14 Penalty for this subsection: a fine of $1 000.
15
16 (2) At the end of section 25(2) insert:
17
18 Penalty for this subsection: a fine of $1 000.
19
20 (3) Delete section 25(3) and insert:
21
22 (3) The holder of a retailer's licence must ensure that if the
23 price of a tobacco product is displayed, there is
24 displayed, in close proximity to the price, a health
25 warning sign that is in accordance with the regulations.
26 Penalty for this subsection: a fine of $1 000.
27
28 (4) At the end of section 25(4) insert:
29
30 Penalty for this subsection: a fine of $1 000.
31
page 4
Tobacco Products Control Amendment Bill 2017
s. 8
1 (5) At the end of section 25 delete the Penalty.
2
3 8. Section 33A inserted
4 After section 33 insert:
5
6 33A. Tobacco products not to be included in loyalty
7 programme
8 (1) A person must not establish or conduct --
9 (a) a programme or arrangement under which a gift
10 or other benefit may be obtained by a purchaser
11 of a tobacco product on the basis of the amount
12 or type of the product purchased, whether or
13 not the programme or arrangement extends to
14 the purchase of other goods or services; or
15 (b) a programme or arrangement under which a
16 purchaser of goods or services may be entitled
17 to a gift of a tobacco product or any other
18 benefit in relation to a tobacco product, whether
19 or not the purchaser may choose to accept
20 another type of gift or benefit.
21 Penalty for this subsection: see section 115.
22 (2) Subsection (1)(a) does not apply in relation to a
23 programme or arrangement under which a gift or other
24 benefit may be obtained on the sole basis of the method
25 of payment used to purchase a tobacco product.
26
27 9. Section 38 amended
28 In section 38(3) delete "allows having regard to section 40(2)."
29 and insert:
30
31 allows.
32
page 5
Tobacco Products Control Amendment Bill 2017
s. 10
1 10. Section 39 amended
2 (1) In section 39(2) delete the passage that begins with "to
3 authorise" and continues to the end of the subsection and insert:
4
5 for the purpose of authorising the sale or supply of tobacco
6 products at a sporting, cultural or other event.
7
8 (2) After section 39(6) insert:
9
10 (7) If an application for the renewal of a licence is made no
11 later than 28 days before the due day and the CEO does
12 not renew or refuse to renew the licence before the due
13 day --
14 (a) the licence continues in force under this
15 subsection, without affecting any period of
16 suspension, until the earlier of --
17 (i) the end of the period of 21 days
18 beginning on the day immediately
19 following the due day; or
20 (ii) the beginning of the day on which the
21 CEO renews or refuses to renew the
22 licence;
23 and
24 (b) any renewal of the licence is taken for all
25 purposes to have taken effect on the day
26 immediately following the due day.
27
page 6
Tobacco Products Control Amendment Bill 2017
s. 11
1 11. Section 40 amended
2 Delete section 40(2) and insert:
3
4 (2) If the CEO refuses to renew a licence, the CEO must
5 give written notice to the applicant setting out the
6 decision and the reasons for the decision.
7 (2A) If a decision to refuse to renew a licence is made later
8 than 14 days before the due day, the licence continues
9 in force under this subsection, without affecting any
10 period of suspension, until the end of the period of
11 14 days beginning on the day immediately following
12 the day on which notice of the decision is given under
13 subsection (2).
14
15 12. Section 77 replaced
16 Delete section 77 and insert:
17
18 77. Appointment of restricted investigators
19 (1) In this section --
20 enforcement agency means --
21 (a) the CEO; or
22 (b) a local government; or
23 (c) a person or body, or a person or body within a
24 class of persons or bodies, prescribed by the
25 regulations for the purposes of this definition.
26 (2) An enforcement agency may appoint, by instrument in
27 writing, a person to be a restricted investigator.
page 7
Tobacco Products Control Amendment Bill 2017
s. 13
1 (3) An enforcement agency must not appoint a person
2 under subsection (2) unless the agency --
3 (a) considers that the person has the appropriate
4 qualifications and experience to perform the
5 functions referred to in section 78(1); and
6 (b) has regard to any guidelines issued under
7 subsection (4).
8 (4) The CEO may issue guidelines that describe the
9 qualifications and experience that are appropriate for a
10 person to be appointed to be a restricted investigator
11 under subsection (2).
12 (5) A person ceases to be a restricted investigator --
13 (a) when the period of the person's appointment
14 expires; or
15 (b) when the person's appointment is revoked.
16 (6) An enforcement agency must --
17 (a) maintain a list of restricted investigators
18 appointed by the agency; and
19 (b) give a copy of the list to the CEO if requested
20 to do so.
21
22 13. Section 78 amended
23 After section 78(1) insert:
24
25 (1A) A restricted investigator has the functions referred to in
26 subsection (1) for the following purposes only --
27 (a) to seek evidence of a suspected offence under
28 regulations made under section 125;
29 (b) to assess whether or not regulations made under
30 section 125 are being complied with;
page 8
Tobacco Products Control Amendment Bill 2017
s. 14
1 (c) any other purpose relevant to the administration
2 of regulations made under section 125.
3
4 14. Section 81 amended
5 (1) In section 81(1) delete "except a" and insert:
6
7 and
8
9 (2) Delete section 81(2) and insert:
10
11 (2) An identity card must contain --
12 (a) the name of the investigator or restricted
13 investigator; and
14 (b) a statement to the effect that the person
15 identified by the card is an investigator or
16 restricted investigator for the purposes of this
17 Act; and
18 (c) a photograph of the investigator or restricted
19 investigator; and
20 (d) the expiry date or currency of the appointment
21 of the investigator or restricted investigator.
22
23 (3) In section 81(3) delete "investigator," and insert:
24
25 investigator or restricted investigator,
26
27 Note: The heading to amended section 81 is to read:
28 Identity cards for investigators and restricted investigators
page 9
Tobacco Products Control Amendment Bill 2017
s. 15
1 15. Section 82 amended
2 (1) In section 82(1):
3 (a) delete "must show the investigator's" and insert:
4
5 or restricted investigator must show their
6
7 (b) in paragraph (a) after "investigator" insert:
8
9 or restricted investigator
10
11 (2) In section 82(2):
12 (a) delete "A restricted investigator or an" and insert:
13
14 An
15
16 (b) in paragraph (a) delete "restricted investigator or".
17 16. Section 92 amended
18 (1) Delete section 92(2)(a)(i) and (ii) and insert:
19
20 (i) if a person is charged with the offence
21 and found not guilty of the offence, or
22 the prosecution of the offence is
23 discontinued -- as soon as practicable
24 after the relevant prosecution (including
25 any relevant appeal) is completed or
26 discontinued; or
27 (ii) if a person is charged with the offence
28 and convicted of the offence -- during
29 the period of 3 months beginning on the
30 day the relevant prosecution (including
31 any relevant appeal) is completed
page 10
Tobacco Products Control Amendment Bill 2017
s. 17
1 (unless an order of forfeiture is made
2 under section 119); or
3 (iii) if no prosecution is commenced -- as
4 soon as practicable after the decision to
5 not prosecute is made;
6
7 (2) After section 92(2) insert:
8
9 (3) If a thing was taken in connection with the prosecution
10 or possible prosecution in relation to more than one
11 alleged offence under this Act then a reference in
12 subsection (2)(a)(i) or (ii) to the offence is taken to be a
13 reference to the offence the prosecution of which is
14 completed (including any relevant appeal) or
15 discontinued last.
16
17 17. Section 115 amended
18 In section 115(1) in the Table:
19 (a) after "s. 18" insert:
20
21 s. 18A
22
23 (b) after "s. 21" insert:
24
25 s. 21A
26 s. 21B
27
28 (c) delete "s. 25(1), (2), (3), (4)";
29 (d) after "s. 33(1)" insert:
30
31 s. 33A(1)
32
page 11
Tobacco Products Control Amendment Bill 2017
s. 18
1 18. Section 119 amended
2 In section 119(1) delete "On the conviction of a person for an
3 offence under this Act, the court may" and insert:
4
5 If a person is convicted of an offence under this Act, the court
6 may, at any time during the period of 3 months beginning on the
7 day on which the person was convicted of the offence,
8
9 19. Section 124 amended
10 In section 124(2)(d) after "section" insert:
11
12 23 or
13
14 20. Part 9 inserted
15 After section 127 insert:
16
17 Part 9 -- Transitional provisions for Tobacco
18 Products Control Amendment Act 2017
19 128. Restricted investigators
20 (1) Subsection (2) applies to a person who, immediately
21 before the day on which the Tobacco Products Control
22 Amendment Act 2017 section 12 comes into operation,
23 is a restricted investigator for the purposes of this Act.
24 (2) The person's appointment as a restricted investigator
25 continues, subject to section 77(5), for the remainder of
26 the period of the appointment.
page 12
Tobacco Products Control Amendment Bill 2017
s. 21
1 129. Application of s. 119(1) to certain convictions
2 Section 119(1), as in effect on and after the day on
3 which the Tobacco Products Control Amendment
4 Act 2017 section 18 comes into operation, does not
5 apply in relation to the conviction of a person before
6 that day.
7
8 21. Glossary amended
9 (1) In the Glossary clause 1 insert in alphabetical order:
10
11 due day, in relation to a licence, means the day on which the
12 licence is due to expire, before the application of
13 section 39(7) or 40(2A);
14 restricted investigator means a person appointed under
15 section 77(2);
16
17 (2) In the Glossary clause 1 in the definition of identity card after
18 "an investigator" insert:
19
20 or restricted investigator
21
22
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