Public Health (Tobacco) Act 2008 No 94

Currency

As amended to Smoke-free Environment Amendment Act 2018 (No 13). Commenced 1 July 2018. Current to 22 August 2018.

Jurisdiction

Section 54(1): Proceedings for an offence under this Act or the regulations are to be disposed of summarily before the Local Court or the Supreme Court sitting in its summary jurisdiction.

Section 54(2): If proceedings are brought before the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 1000 pu, despite any higher maximum provided in respect of the offence.

Continuing offences

Section 52(1): If a continuing state of affairs is created by an offence committed against ss 12(1), 12(2) or 13, the offender is liable to a penalty of not more than 50 pu in the case of an individual, or 200 pu in the case of a corporation, in respect of each day on which that offence continues, in addition to the penalty specified in that section in respect of the offence.

Section 52(2): If a continuing state of affairs is created by an offence committed against ss 16(1), 16(2), 17(1), 19, 20(1), 20(2) or 21(1), the offender is liable to a penalty of not more than 200 pu in the case of an individual, or 2,000 pu in the case of a corporation, in respect of each day on which that offence continues, in addition to the penalty specified in that section in respect of the offence.

Offences by corporations

Section 53: Each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the Act if the person knowingly authorised or permitted the contravention. A director of a corporation may be proceeded against and convicted regardless of whether the corporation has been proceeded against or convicted.

Time for commencement

Section 54(3): Proceedings before the Local Court must be commenced within 12 mths of the commission of the offence.

SECTION DESCRIPTION PENALTY (MAX)
6(1), (2) Sell tobacco not in manufacturer’s package/as individual
items/in packets of less than 20 (not being cigars)
Corp 500 pu; Indiv 100 pu
7(1), (2) Pack/sell tobacco product without health warning (not being cigars) Corp 500 pu; Indiv 100 pu
7A(4) retake or attempt to retake any tobacco product seized by inspector or resist or attempt to prevent such a seizure Corp 1st off: 1000 pu,
2nd off: 1000 pu*
[2000 pu];
Indiv 1st off 500 pu,
2nd off 1000 pu
8(1) Pack/sell tobacco product containing prohibited words Corp 500 pu; Indiv 100 pu
9(1) Occupier of premises fail to ensure public cannot see tobacco product except as prescribed Corp 500 pu; Indiv 100 pu
10(1) Occupier of premises fail to ensure tobacco products sold from one point of sale only Corp 500 pu; Indiv 100 pu
11(1)–(3) Vendor carry/cause to be carried tobacco product in public place for purposes of sale Corp 500 pu; Indiv 100 pu
11(4)–(5) Sell/cause to be sold tobacco product from any booth/tent/temporary enclosure Corp 500 pu; Indiv 100 pu
12(1) Owner/lessee tobacco vending machine place it in prohibited part of hotel/club/casino Corp 500 pu; Indiv 100 pu + daily Corp 200 pu; Indiv 50 pu
12(2) Owner/lessee tobacco vending machine place it in hotel/club/casino so that more than one machine in premises Corp 500 pu; Indiv 100 pu + daily Corp 200 pu; Indiv 50 pu
22 Sell tobacco/non-tobacco smoking product to person under 18 yrs Corp 1st off 500 pu,
2nd off 1000 pu;
Indiv 1st off 100 pu,
2nd off 500 pu
23(1) Adult purchase tobacco for person under 18 yrs from retail tobacco premises 20 pu
30(1) Smoke in motor vehicle if person under 16 yrs present 10 pu
30(2) Driver of motor vehicle in which offence under (1) is committed 10 pu
39 Engaging in tobacco or e-cigarette retailing without notifying Secretary 100 pu
39A Obtaining or selling tobacco, e-cigarettes or e-cigarette accessories by wholesale without retailer identification number 100 pu

* Section 54(2) maximum monetary penalty.