Australian Capital Territory
Tobacco (Vending Machine Ban) Amendment Act 2004
A2004-49
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Tobacco Act 1927
	4	Legislation amended—pt 2	3
	5	New section 2B	3
	6	Location of display Section 12  (1) (b) and (2) (b) (ii)	3
	7	Supply of smoking product to under 18 year olds
Section 14 (3) and (4)	3
	8	Section 14	4
	9	Section 16	4
	10	Health warnings at point of sale displays
Section 22	4
	11	Prohibited smoking advertising
Section 23 (6), definition of personal use advertisement, paragraph (b)	5
	12	Meaning of tobacco retailing Section 44 (3)	5
	13	New section 49A	5
	14	New section 49B	5
	15	Refusal to grant or renew tobacco licence
Section 50 (1) (a) and (b)	6
	16	Section 50 (1)	6
	17	Disciplinary action—general
Section 56 (1)	6
	18	Section 56 (2) (a)	6
	19	Section 56 (2) (b) (i) and (ii)	6
	20	Section 56 (2)	6
	21	Section 56 (4) (b) and (c)	7
	22	Section 56 (5)	7
	23	Section 58	7
	24	Tobacco retailing—offences
Section 63 (2)	7
	25	Section 63 (3)	7
	26	Licence particulars to be displayed
Section 64 (3), (4) and (5)	7
	27	Review of decisions
Section 68 (d)	7
	28	Section 68	7
	29	Dictionary, definition of point of sale	8
	30	Dictionary, definition of vending machine	8
Part 3	Tobacco Regulations 1991
	31	Legislation amended—pt 3	9
	32	Part 2	9
	33	Application—Act, s 22
Regulation 3	9
	34	Regulations—renumbering	9

Australian Capital Territory
Tobacco (Vending Machine Ban) Amendment Act 2004
A2004-49

An Act to amend the Tobacco Act 1927, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Tobacco (Vending Machine Ban) Amendment Act 2004.
2	Commencement
	(1)	Section 14 commences on the day after this Act’s notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	The remaining provisions commence on 1 September 2006.
3	Legislation amended
This Act amends the Tobacco Act 1927.
Note	This Act also amends the Tobacco Regulations 1991 (see pt 3)

Part 2	Tobacco Act 1927
4	Legislation amended—pt 2
This part amends the Tobacco Act 1927.
5	New section 2B
insert
2B	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to an offence committed by a person against s 16 (Prohibition on sale of smoking products by vending machine) of this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
6	Location of display
Section 12  (1) (b) and (2) (b) (ii) 
omit
except in the case of a vending machine from which smoking products are sold—
7	Supply of smoking product to under 18 year olds
Section 14 (3) and (4)
omit
8	Section 14
renumber subsections when Act next republished under Legislation Act
9	Section 16 
substitute
16	Prohibition on sale of smoking products by vending machine
	(1)	A person commits an offence if—
	(a)	the person places a vending machine on premises; and
	(b)	the vending machine is used, or is available for use, by members of the public.
Maximum penalty: 50 penalty units.
	(2)	A person commits an offence if—
	(a)	the person occupies premises where there is a vending machine; and
	(b)	the vending machine is used, or is available for use, by members of the public.
Maximum penalty: 50 penalty units.
10	Health warnings at point of sale displays
Section 22
omit
(other than a vending machine)
11	Prohibited smoking advertising
Section 23 (6), definition of personal use advertisement, paragraph (b)
omit
(including management of a retail outlet where a vending machine is used for the sale of smoking products)
12	Meaning of tobacco retailing
Section 44 (3) 
omit
13	New section 49A
insert
49A	No vending machines authorised
The registrar must not grant, renew or revive a tobacco licence that would authorise the use of a vending machine for the sale of tobacco products.
14	New section 49B
insert
49B	2005/2006 licences—no vending machines authorised
	(1)	The registrar must not grant, renew or revive a tobacco licence that would authorise the use of a vending machine for the sale of tobacco products if the use would be authorised on or after 1 September 2006.
	(2)	This provision expires on 1 September 2006.
15	Refusal to grant or renew tobacco licence
Section 50 (1) (a) and (b)
substitute
	(a)	if the applicant holds another licence—the licence applied for would authorise the sale of smoking products at premises while, under a variation of the other licence under 
section 56 (2) (b), the sale of smoking products at the premises has been prohibited.
16	Section 50 (1)
renumber paragraphs when Act next republished under Legislation Act
17	Disciplinary action—general
Section 56 (1)
substitute
	(1)	This section applies if the registrar has reasonable grounds for believing that a person who is a licensee has contravened this Act or a condition of the licence.
18	Section 56 (2) (a)
omit
19	Section 56 (2) (b) (i) and (ii)
omit
, the use of vending machines for the sale of smoking products
20	Section 56 (2)
renumber paragraphs when Act next republished under Legislation Act
21	Section 56 (4) (b) and (c)
substitute
	(b)	disqualify the person from holding a tobacco licence for 5 years after the notice is given to the person.
22	Section 56 (5)
omit
23	Section 58
omit
24	Tobacco retailing—offences
Section 63 (2)
omit
25	Section 63 (3)
renumber as section 63 (2)
26	Licence particulars to be displayed
Section 64 (3), (4) and (5)
omit
27	Review of decisions
Section 68 (d)
omit
28	Section 68
renumber paragraphs when Act next republished under Legislation Act
29	Dictionary, definition of point of sale
substitute
point of sale means a place, identified in accordance with the regulations (if any), where smoking products are sold within a retail outlet or wholesale outlet.
30	Dictionary, definition of vending machine
substitute
vending machine means a machine or mechanical device used or able to be used for the purpose of selling smoking products without the personal manipulation or attention of the seller, or the seller’s employee or agent, at the time of the sale.

Part 3	Tobacco Regulations 1991
31	Legislation amended—pt 3
This part amends the Tobacco Regulations 1991.
32	Part 2
omit
33	Application—Act, s 22
Regulation 3
omit
(other than a vending machine)
34	Regulations—renumbering
renumber provisions when regulations next republished under Legislation Act 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 23 June 2004.
2	Notification
	Notified under the Legislation Act on 16 August 2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Tobacco (Vending Machine Ban) Amendment Bill 2004, which was passed by the Legislative Assembly on 4 August 2004.

Clerk of the Legislative Assembly

© Australian Capital Territory 2004