2018
2018
2018-07-02
act
government
publicspecial
act.reprint
allinforce
2018-03-13
2018-03-13
1
2018-07-01
act-1987-015
2018
none
act-2018-013
036a0a65-ff47-4127-9242-81bdaf5c7063
a0bc688d-fcdf-465a-a159-b552fb9bfd40
Repeal:
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 2.7.2018.
An Act to amend the Smoke-free Environment Act 2000 and the
Public Health (Tobacco) Act 2008 to
regulate the sale and smoking of e-cigarettes, heat-not-burn tobacco products
and other products restricted under the Public Health
(Tobacco) Act 2008; and for other
purposes.
1Name of
Act
This Act is the Smoke-free
Environment Amendment Act 2018.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Smoke-free Environment Act 2000 No
69
[1]Section 3 Object of
Act
Insert “, as well as aerosol or vapour
(whether or not containing nicotine) generated by e-cigarettes,” after
“other smoke”.
[2]Section 4
Definitions
Omit the definitions of smoke and smoking product.
Insert in alphabetical order:
e-cigarette, non-tobacco smoking product and
tobacco
product have the same meanings as in the Public Health (Tobacco) Act
2008.
smoke means use, consume, hold or
otherwise have control over a tobacco product, non-tobacco smoking product or
e-cigarette that is generating (whether or not by burning) smoke or an aerosol
or vapour.
[3]Section
19A
Insert before section 20:
19AExemption relating to premises
of e-cigarette retailers
(1)
This section applies to the premises of
e-cigarette retailers who notify the Secretary under section 39 of the Public Health (Tobacco) Act 2008 (as
substituted by the Smoke-free Environment Amendment Act
2018) of an intention to engage in e-cigarette
retailing.
(2)
The Secretary may, by order in writing, exempt
persons from sections 7 and 8 in relation to the smoking of e-cigarettes on
the premises of an e-cigarette retailer.
(3)
An exemption may be subject to such conditions,
including requiring the display of the order, as may be specified in the
order.
(4)
An exemption does not apply unless the person
complies with all applicable conditions of the
exemption.
(5)
In this section, e-cigarette retailer means a person
who engages in e-cigarette retailing, but does not engage in tobacco
retailing, within the meaning of those terms in Part 5 of the Public Health (Tobacco) Act
2008.
Schedule 2Amendment of Public Health (Tobacco) Act 2008 No
94
[1]Part 5,
heading
Insert “and e-cigarette
retailing” after
“retailing”.
[2]Section
31A
Insert after section 31:
31AMeaning of “engaging in
e-cigarette retailing”
For the purposes of this Part, a person engages
in e-cigarette retailing when:
(a)
e-cigarettes or e-cigarette accessories are sold
by retail in the course of the carrying on of a business that is owned,
managed, conducted or operated by the person, or
(b)
the person is the owner or lessee of an
e-cigarette vending machine that is situated on premises for the purpose of
the sale of e-cigarettes or e-cigarette accessories, or
(c)
the person is the occupier of premises on which
an e-cigarette vending machine is situated for the purpose of the sale of
e-cigarettes or e-cigarette accessories (whether or not the vending machine
was placed there by the person).
[3]Part 5, Division 3,
heading
Insert “and e-cigarette
retailers” after
“retailers”.
[4]Section
39
Omit the section. Insert instead:
39Notification by person
engaging in tobacco retailing or e-cigarette retailing
(1)
A person must not engage in tobacco retailing or
e-cigarette retailing, or both, unless the person has notified the Secretary,
in accordance with this section, that the person intends to engage in
retailing of a type so notified.
Maximum penalty: 100 penalty
units.
(2)
A notice must be provided in the manner
prescribed by the regulations and contain the following information:
(a)
the business address of the person intending to
engage in tobacco retailing or e-cigarette retailing,
(b)
the address of the premises at which the person
intends to engage in tobacco retailing or e-cigarette
retailing,
(c)
the registered business name (if any) of the
relevant business and, if the business is incorporated, the
ACN,
(d)
the names and addresses of the owners and
directors of the relevant business,
(e)
whether the person is intending to engage in
tobacco retailing or e-cigarette retailing, or both types of
retailing.
(3)
A person engaged in tobacco retailing or
e-cigarette retailing (but not both) must, before engaging in the other type
of retailing, notify the Secretary of the intention to engage in that other
type of retailing.
(4)
A person engaged in tobacco retailing or
e-cigarette retailing, or both, must notify the Secretary of any of the
following events within 28 days after becoming aware of the event:
(a)
a change in the person’s business
address,
(b)
a change in the address of the premises at which
the person engages in that retailing,
(c)
a change in the name or address of any owner or
director of the retailing business,
(d)
a change in the ownership of the retailing
business.
(5)
The Secretary is, as soon as practicable after
being notified that a person intends to engage in tobacco retailing,
e-cigarette retailing or both, to ensure that the person:
(a)
has a retailer identification number,
or
(b)
if the person does not have a retailer
identification number—is issued a retailer identification
number.
[5]Section 39A Restriction on
obtaining or selling tobacco, e-cigarettes or e-cigarette accessories by
wholesale without retailer identification number
Insert “, e-cigarette or e-cigarette
accessory” after “tobacco product” wherever
occurring.
[6]Section
39A
Omit “tobacco retailer notification
number” wherever occurring.
Insert instead “retailer identification
number”.
[7]Schedule 1 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
any other Act that amends this
Act
[8]Schedule 1, Part
3
Insert after Part 2:
Part 3Provisions consequent on
enactment of Smoke-free Environment Amendment Act
2018
9Definition
In this Part:
amending
Act means the Smoke-free
Environment Amendment Act 2018.
10Existing tobacco retailers and
e-cigarette retailers
(1)
A person who, immediately before the substitution
of section 39 by the amending Act, had been issued a tobacco retailer
notification number by the Secretary is taken to have notified the Secretary
of an intention to engage in tobacco retailing under that section as so
substituted.
(2)
A tobacco retailer notification number issued
under section 39 before the substitution of that section is taken to be a
retailer identification number for the purposes of that
section.
(3)
A person who was engaged in e-cigarette retailing
immediately before the substitution of section 39 by the amending Act does not
commit an offence against section 39 if the person gives notice of the
intention to engage in e-cigarette retailing within the period of 3 months
after the day of that substitution.
Schedule 3Consequential amendment of
Passenger Transport (General)
Regulation 2017
[1]Clause 3
Definitions
Omit the definition of smoke from clause 3
(1).
[2]Clause 51 No
smoking
Omit clause 51 (3). Insert instead:
(3)
In this clause, smoke has the same meaning as in the
Smoke-free Environment Act
2000.
Historical
notes
Table of amending
instruments
Smoke-free
Environment Amendment Act 2018 No 13. Assented to
18.4.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (243) LW
8.6.2018.