Australian Capital Territory
Smoking in Cars with Children (Prohibition) Act 2011    
A2011-40
Republication No 1
Effective:  1 May 2012 – 31 July 2016
Republication date: 1 May 2012
Act not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Smoking in Cars with Children (Prohibition) Act 2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 May 2012.  It also includes any commencement, repeal or expiry affecting this republished law.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Smoking in Cars with Children (Prohibition) Act 2011

Contents
	Page
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against Act—application of Criminal Code etc	3
	6	Meaning of smoke and smoking product	3
	7	Offence to smoke in a vehicle with a child	4
	8	Enforcement powers of police officers	4
Dictionary		6
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	9

Australian Capital Territory
Smoking in Cars with Children (Prohibition) Act 2011

An Act to prohibit smoking in cars when children are present

    

1	Name of Act
This Act is the Smoking in Cars with Children (Prohibition) Act 2011.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘road—see the Road Transport (General) Act 1999, dictionary.’ means that the term ’road’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	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 all offences against 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	Meaning of smoke and smoking product
	(1)	For this Act, smoke means smoke from an ignited smoking product.
	(2)	For this Act, a person smokes if the person—
	(a)	directly puffs smoke, whether or not the person uses a device for the inhalation of smoke by a smoker; or
	(b)	holds or has control over a smoking product while it is ignited.
Examples—devices—par (a)
1	a cigarette holder
2	a pipe (including a hookah, water pipe or bong)
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	For this Act, each of the following is a smoking product:
	(a)	a tobacco product;
	(b)	a herbal product;
	(c)	any other product that is designed for smoking.
7	Offence to smoke in a vehicle with a child
	(1)	A person who is 16 years old, or older, commits an offence if—
	(a)	the person smokes in a vehicle that is on a road or road related area; and
	(b)	a child is in the vehicle.
Maximum penalty:  50 penalty units.
Note	Child means a person under 16 years old (see dict).
	(2)	An offence against this section is a strict liability offence.
	(3)	In a prosecution for an offence against this section, evidence that a person in the vehicle appeared to be under 16 years old is proof that the person was under 16 years old, in the absence of evidence to the contrary. 
Note	The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
8	Enforcement powers of police officers
	(1)	If a police officer suspects on reasonable grounds that a person has committed an offence against section 7, the police officer may do 1 or more of the following:
	(a)	require the driver of the vehicle to—
	(i)	stop the vehicle and produce the driver’s driver licence; and
	(ii)	state the driver’s name, date of birth and home address;
	(b)	require a person who is in the vehicle, and suspected of committing the offence, to—
	(i)	stop smoking; and
	(ii)	state the person’s name, date of birth and home address;
	(c)	require a person who is in the vehicle, and suspected of committing the offence, to produce an identification document if the person is carrying an identification document.
	(2)	A person commits an offence if the person fails to comply with a requirement made of the person by a police officer under subsection (1) (a) or (b).
Maximum penalty:  20 penalty units.
Note	It is an offence to produce false or misleading documents (see Criminal Code, s 339).
	(3)	An offence against this section is a strict liability offence.
	(4)	In this section:
identification document, includes the following:
	(a)	an Australian driver licence or foreign driver licence; 
	(b)	a proof of age card  issued under the Liquor Act 2010, section 210 (Proof of age cards), or a corresponding document issued under the law of a State;
	(c)	a passport; 
	(d)	a student card;
	(e)	a document that contains a photograph that could reasonably be taken to be the person and states the person’s name and date of birth.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	home address
·	police officer
·	proceeding.
child means a person who is under 16 years old. 
driver—see the Road Transport (General) Act 1999, dictionary.
driver licence means—
	(a)	an Australian driver licence under the Road Transport (Driver Licensing) Act 1999; or
	(b)	an external driver licence under the Road Transport (Driver Licensing) Act 1999.
herbal product—see the Tobacco Act 1927, dictionary.
road—see the Road Transport (General) Act 1999, dictionary.
road related area—see the Road Transport (General) Act 1999, dictionary.
smoke—see section 6.
smoking product—see section 6.
tobacco product—see the Tobacco Act 1927, dictionary.
vehicle—
	(a)	means a motor vehicle under the Road Transport (General) Act 1999; but
	(b)	does not include— 
	(i)	a campervan that is parked and set up as a place for living or sleeping; or
	(ii)	a motorcycle.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Smoking in Cars with Children (Prohibition) Act 2011 A2011-40
notified LR 1 November 2011
s 1, s 2 commenced 1 November 2011 (LA s 75 (1))
remainder commenced 1 May 2012 (s 2 and LA s 79)
4	Amendment history
Commencement
s 2	om LA s 89 (4)

©  Australian Capital Territory 2012