2015
2015
2016-02-02
act
government
publicspecial
act.reprint
act-1987-015
allinforce
2015-10-20
2015-10-20
0
2016-02-02
act-1987-015
2015
none
act-2015-038
176ddf97-8dbb-4cc4-92c9-9143a7f26b90
6fc43008-1714-4b6e-83e4-5a5d4ff1f05a
Repeal:
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 2.2.2016.
An Act to make miscellaneous amendments to
various Acts that relate to health and associated
matters.
1Name of
Act
This Act is the Health
Legislation Amendment Act 2015.
2Commencement
(1)
This Act commences on the date of assent to this
Act, except as provided by subsection (2).
(2)
The following provisions commence on a day or
days to be appointed by proclamation:
(a)
Schedule 4 [4]–[6],
(b)
Schedule 5 [3]–[5] and
[7].
Schedules 1–3
Schedule 4Amendment of Public Health Act 2010 No
127
[1]–[3]
[4]Section 28 Installation of
regulated systems
Insert after section 28 (3):
(4)
If a duly qualified person who is engaged by the
occupier of any premises to install a regulated system on the premises engages
a person other than an employee (a subcontractor) to install the
system, the subcontractor is guilty of an offence if the subcontractor fails
to ensure that the prescribed installation requirements are complied
with.
Maximum penalty:
(a)
in the case of an individual—100 penalty
units for a first offence or 200 penalty units, or imprisonment for 12 months,
or both, for a second or subsequent offence, or
(b)
in the case of a corporation—500 penalty
units for a first offence or 1,000 penalty units for a second or subsequent
offence.
[5]Section 29 Operation of
regulated systems
Insert after section 29 (3):
(4)
If a duly qualified person who is engaged by the
occupier of any premises to operate a regulated system on the premises engages
a person other than an employee (a subcontractor) to operate the
system, the subcontractor is guilty of an offence if the subcontractor fails
to ensure that the prescribed operating requirements are complied
with.
Maximum penalty:
(a)
in the case of an individual—100 penalty
units for a first offence or 200 penalty units, or imprisonment for 12 months,
or both, for a second or subsequent offence, or
(b)
in the case of a corporation—500 penalty
units for a first offence or 1,000 penalty units for a second or subsequent
offence.
[6]Section 30 Maintenance of
regulated systems
Insert after section 30 (3):
(4)
If a duly qualified person who is engaged by the
occupier of any premises to maintain a regulated system on the premises
engages a person other than an employee (a subcontractor) to maintain the
system, the subcontractor is guilty of an offence if the subcontractor fails
to ensure that the prescribed maintenance requirements are complied
with.
Maximum penalty:
(a)
in the case of an individual—100 penalty
units for a first offence or 200 penalty units, or imprisonment for 12 months,
or both, for a second or subsequent offence, or
(b)
in the case of a corporation—500 penalty
units for a first offence or 1,000 penalty units for a second or subsequent
offence.
[7], [8]
sch 4: Am 1987 No 15,
sec 30C.
Schedule 5Amendment of Public Health (Tobacco) Act 2008 No
94
[1], [2]
[3]Section 6 Certain sales
prohibited
Insert after section 6 (3) before the
penalty:
(4)
For the purposes of subsection (1), a quantity of
tobacco product prescribed by the regulations is presumed to be for the
purposes of sale if:
(a)
it is on premises where tobacco products are
being sold, and
(b)
it is not in the package in which it was packed
by the manufacturer.
Any such presumption is
rebuttable.
[4]Section 7 Packing and sale of
tobacco product without health warning prohibited
Insert after section 7 (3) before the
penalty:
(4)
For the purposes of subsection (2), a quantity of
tobacco product prescribed by the regulations is presumed to be for the
purposes of sale if:
(a)
it is on premises where tobacco products are
being sold, and
(b)
it is not in packaging marked with a health
warning.
Any such presumption is
rebuttable.
[5]Section
7A
Insert after section 7:
7APowers of inspector to seize
and dispose of tobacco products exceeding prescribed
amounts
(1)
An inspector may seize any tobacco product that
the inspector reasonably believes contravenes section 6 (1) or 7 (2)
if:
(a)
it is on premises where tobacco products are
being sold, and
(b)
the quantity of tobacco product exceeds the
amount prescribed by the regulations for the purposes of section 6 (4) or 7
(4) (as the case requires).
(2)
Any tobacco product seized under this section
may, at the option of the inspector who made the seizure or of any inspector
acting in his or her place, be detained in the place, vehicle or vessel where
it was found or be removed to another place and detained
there.
(3)
If the tobacco product is to be detained in the
place, vehicle or vessel where it was found, the inspector may:
(a)
place it in a room, compartment or cabinet in
that place, vehicle, or vessel, and
(b)
mark, fasten and seal the door or opening
providing access to that room, compartment or
cabinet.
(4)
A person must not retake or attempt to retake any
tobacco product seized under this section or resist or attempt to prevent such
a seizure.
Maximum penalty:
(a)
in the case of an individual, 500 penalty units
for a first offence or 1,000 penalty units for a second or subsequent offence,
or
(b)
in the case of a corporation, 1,000 penalty units
for a first offence or 2,000 penalty units for a second or subsequent
offence.
(5)
The seizure of tobacco products under this
section does not subject the State, the Minister, the Secretary, an inspector
or any other person to any action, liability, claim or
demand.
(6)
Any tobacco products seized under this section
must be returned to the person from whom they were seized (or to such other
person as appears to the inspector to be entitled to them) if:
(a)
the person from whom they were seized makes an
application to the Secretary within 28 days after seizure to have the tobacco
products returned, and
(b)
the Secretary is satisfied that the tobacco
products were, at the time they were seized, for personal use and not in the
person’s possession, custody or control for the purposes of
sale.
(7)
An inspector is required to dispose of the
tobacco products seized under this section in any manner that the inspector
considers appropriate if:
(a)
the person from whom they were seized makes an
application to the Secretary within 28 days after seizure to have the tobacco
products returned and the Secretary is satisfied that the tobacco products
were, at the time they were seized, not for personal use but in the
person’s possession, custody or control for the purposes of sale,
or
(b)
the person from whom the tobacco products were
seized does not make an application under subsection
(6).
[6]
[7]Section
39A
Insert after section 39:
39ARestriction on obtaining or
selling tobacco by wholesale without tobacco retailer notification
number
(1)
A person must not obtain a tobacco product by
wholesale unless the person provides the wholesaler with the tobacco retailer
notification number issued to the person under section 39
(5).
(2)
A person (the wholesaler) must not sell a tobacco
product by wholesale to another person unless the tobacco retailer
notification number issued to that other person under section 39 (5) is
provided to the wholesaler.
Maximum penalty: 100 penalty
units.
sch 5: Am 1987 No 15,
sec 30C.
Historical
notes
Table of amending
instruments
Health
Legislation Amendment Act 2015 No 38. Assented to
2.11.2015. Date of commencement, except Schs 4 [4]–[6] and 5
[3]–[5] and [7], assent, sec 2 (1); date of commencement of Schs 4
[4]–[6] and 5 [3]–[5] and [7], 1.2.2016, sec 2 (2) and 2016 (13)
LW 15.1.2016.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Schs
1–3
Rep 1987 No
15, sec 30C.
Schs 4,
5
Am 1987 No
15, sec 30C.