Australian Capital Territory
Smoke-Free Legislation Amendment Act 2016
A2016-20
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Smoke-Free Public Places Act 2003
	4	Dictionary
Section 3, note 1	3
	5	Meaning of smoke
Section 5B (1)	3
	6	Section 5B (2) (a)	3
	7	Section 5B (2) (b)	4
	8	Section 5B (3)	4
	9	Section 5B (4)	4
	10	Meaning of outdoor eating or drinking place
Section 9A (1) (c) (ii), except examples	4
	11	Section 9A (1) (c) (ii), new examples 4 to 6	4
	12	Section 9A (4), new definition of licensed premises	5
	13	Inspectors
Section 10 (1) (a)	5
	14	Dictionary, definition of herbal product	5
	15	Dictionary, new definition of personal vaporiser	5
	16	Dictionary, definition of smoking product	5
	17	Dictionary, definition of tobacco product	5
Part 3	Smoking in Cars with Children (Prohibition) Act 2011
	18	Section 6 heading	6
	19	Section 6 (1)	6
	20	Section 6 (2) (b)	6
	21	Section 6 (3)	6
	22	Dictionary, definition of herbal product	6
	23	Dictionary, new definition of personal vaporiser	7
	24	Dictionary, definition of smoking product	7
	25	Dictionary, definition of tobacco product	7
Part 4	Tobacco Act 1927
	26	Section 1	8
	27	New sections 3A and 3B	8
	28	Dictionary, new definitions	10
	29	Dictionary, definition of smoking product	10
Schedule 1	Consequential amendments	11
Part 1.1	Children and Young People Act 2008	11
Part 1.2	Fair Trading (Australian Consumer Law) Act 1992	11
Part 1.3	Magistrates Court (Tobacco Infringement Notices) Regulation 2010	12

Australian Capital Territory
Smoke-Free Legislation Amendment Act 2016
A2016-20

An Act to amend legislation about smoking, 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 Smoke-Free Legislation Amendment Act 2016.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the following legislation:
·	Smoke-Free Public Places Act 2003
·	Smoking in Cars with Children (Prohibition) Act 2011
·	Tobacco Act 1927.
Note	This Act also amends other legislation (see sch 1).

Part 2	Smoke-Free Public Places Act 2003
4	Dictionary
Section 3, note 1
omit
Tobacco Act 1927
substitute
Tobacco and Other Smoking Products Act 1927
5	Meaning of smoke
Section 5B (1)
substitute
	(1)	For this Act, smoke means—
	(a)	smoke from an ignited smoking product; or
	(b)	vapour from a personal vaporiser.
Note	A personal vaporiser is a smoking product (see Tobacco and Other Smoking Products Act 1927, s 3A).
6	Section 5B (2) (a)
omit 
puffs smoke
substitute
puffs, draws or inhales smoke
7	Section 5B (2) (b)
after
it is ignited 
insert
or a personal vaporiser while it is activated
8	Section 5B (3)
omit everything before paragraph (a), substitute
	(3)	However, a person does not smoke only because the person holds or has control over a smoking product or personal vaporiser if the person holds or has control over it for the purpose of extinguishing it, deactivating it, or removing it from—
9	Section 5B (4)
omit
10	Meaning of outdoor eating or drinking place
Section 9A (1) (c) (ii), except examples
substitute
	(ii)	tables or chairs are provided for use by people consuming food or drink provided at the place.
11	Section 9A (1) (c) (ii), new examples 4 to 6
insert
4	an outdoor area at premises containing stand-up tables at which food or drink purchased at the premises may be consumed
5	an outdoor area containing milk crates to sit on at a cafe
6	a sports stadium containing chairs at which food or drink purchased at outlets at the sports stadium may be consumed 	
12	Section 9A (4), new definition of licensed premises
insert
licensed premises—see the Liquor Act 2010, dictionary.
13	Inspectors
Section 10 (1) (a)
omit
Tobacco Act 1927
substitute
Tobacco and Other Smoking Products Act 1927
14	Dictionary, definition of herbal product
omit
15	Dictionary, new definition of personal vaporiser 
insert
personal vaporiser—see the Tobacco and Other Smoking Products Act 1927, section 3B.
16	Dictionary, definition of smoking product
substitute
smoking product—see the Tobacco and Other Smoking Products Act 1927, section 3A.
17	Dictionary, definition of tobacco product
omit

Part 3	Smoking in Cars with Children (Prohibition) Act 2011
18	Section 6 heading
substitute
6	Meaning of smoke
19	Section 6 (1)
substitute
	(1)	For this Act, smoke means—
	(a)	smoke from an ignited smoking product; or
	(b)	vapour from a personal vaporiser.
Note	A personal vaporiser is a smoking product (see Tobacco and Other Smoking Products Act 1927, s 3A).
20	Section 6 (2) (b)
after
it is ignited
insert
or a personal vaporiser while it is activated
21	Section 6 (3)
omit
22	Dictionary, definition of herbal product
omit
23	Dictionary, new definition of personal vaporiser
insert
personal vaporiser—see the Tobacco and Other Smoking Products Act 1927, section 3B.
24	Dictionary, definition of smoking product
substitute
smoking product—see the Tobacco and Other Smoking Products Act 1927, section 3A.
25	Dictionary, definition of tobacco product
omit

Part 4	Tobacco Act 1927
26	Section 1
substitute
1	Name of Act
This Act is the Tobacco and Other Smoking Products Act 1927.
27	New sections 3A and 3B
insert
3A	Meaning of smoking product
In this Act:
smoking product means any of the following:
	(a)	a tobacco product; 
	(b)	a herbal product;
	(c)	a personal vaporiser or a personal vaporiser related product.
3B	Meaning of personal vaporiser and personal vaporiser related product	
	(1)	In this Act:
personal vaporiser means—
	(a)	a device that—
	(i)	is made for the purpose or apparent purpose of delivering a substance into a person’s body when the person inhales through the device; and
	(ii)	has 1 or more of the following:
	(A)	a battery;
	(B)	an electric heating element;
	(C)	a cartridge or container to store a substance; or
	(b)	a device prescribed by regulation.
personal vaporiser related product means—
	(a)	a device or other product that—
	(i)	is not capable of being used to deliver a substance into an individual’s body without an adjustment, modification or addition; but
	(ii)	is apparently intended to be part of a personal vaporiser; or
	(b)	a device or other product to which paragraph (a) does not apply that is apparently intended to be used in connection with a personal vaporiser; or
	(c)	a device or other product prescribed by regulation.
Examples—personal vaporiser products
·	an electric heating element, battery, cartridge, container or mouthpiece
·	a product that combines an electric heating element and cartridge in a single unit
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).
	(2)	However, a personal vaporiser or a personal vaporiser related product does not include the following:
	(a)	a device designed to be used to deliver oxygen into an individual’s body;
	(b)	a drug pipe;
	(c)	any of the following within the meaning of the Therapeutic Goods Act 1989 (Cwlth) included in the Australian Register of Therapeutic Goods, other than a device prescribed as a personal vaporiser:
	(i)	a therapeutic good; 
	(ii)	a medical device;
	(iii)	a therapeutic device; 
	(d)	a device or other product prescribed by regulation.
	(3)	In this section:
Australian Register of Therapeutic Goods means the register of therapeutic goods established under the Therapeutic Goods Act 1989 (Cwlth), section 9A.
drug pipe—see the Criminal Code, section 621A (2).
28	Dictionary, new definitions
insert
personal vaporiser—see section 3B.
personal vaporiser related product—see section 3B.
29	Dictionary, definition of smoking product
substitute
smoking product—see section 3A.  

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Children and Young People Act 2008
[1.1]	Section 781 (3)
omit
Tobacco Act 1927
substitute
Tobacco and Other Smoking Products Act 1927
Part 1.2	Fair Trading (Australian Consumer Law) Act 1992
[1.2]	Section 34 (2), definition of consumer and trader legislation, paragraph (g)
substitute
	(g)	the Tobacco and Other Smoking Products Act 1927.
Part 1.3	Magistrates Court (Tobacco Infringement Notices) Regulation 2010
[1.3]	Section 1
substitute
1	Name of regulation
This regulation is the Magistrates Court (Tobacco and Other Smoking Products Infringement Notices) Regulation 2010.
[1.4]	Sections 5 to 12
omit
Tobacco Act
substitute
Tobacco and Other Smoking Products Act
[1.5]	Schedule 1 heading
substitute
Schedule 1	Tobacco and Other Smoking Products Act infringement notice offences and penalties
[1.6]	Dictionary, definition of authorised officer
omit
Tobacco Act
substitute
Tobacco and Other Smoking Products Act
[1.7]	Dictionary, definition of Tobacco Act
omit
[1.8]	Dictionary, new definition of Tobacco and Other Smoking Products Act
insert
Tobacco and Other Smoking Products Act means the Tobacco and Other Smoking Products Act 1927.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 10 March 2016.
2	Notification
	Notified under the Legislation Act on 13 April 2016.
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 Smoke-Free Legislation Amendment Bill 2016, which was passed by the Legislative Assembly on 5 April 2016. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2016