Queensland TOBACCO PRODUCTS (PREVENTION OF SUPPLY TO CHILDREN) BILL 1997 Queensland ath TOBACCO PRODUCTS (PREVENTION OF SUPPLY TO CHILDREN) BILL 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 20.6... 6 2 Commencement ....... 6... eee eee nee 6 3 Main object of Act and its achievement ............... 0000 eee eeee 6 4 Definitions 2.0.0... 0. cece eet aees 7 5 Who is a "responsible adult" «2.0.0.6... 0 ccc eee eee eee 7 6 Acceptable evidence of age... 1.6... eee eee eens 7 7 Act binds all persons... 0.06... 7 PART 2—SUPPLY OF TOBACCO PRODUCTS Division 1—Tobacco product suppliers and employees 8 Application of div 1... .. 6. cece ttt ee 8 9 Meaning of "prevention measures" for div1.............000000200005 8 10 Individual supplier must not supply tobacco products to children........ 8 11 Supplier must ensure employees do not supply tobacco products to children... eee nent eens 9 12 When employee of supplier liable... 2... 6... eee ee eee eee 9 13 Suppliers may be prohibited from selling tobacco products............. 9 Division 2—Tobacco product vending machines 14 Definitions for div 2.0.0... 0.66. c ccc eee tte eee 10 15 Restriction on location of tobacco product vending machines .......... 11 16 Supply of tobacco products from vending machines.................-- 11 17 Persons in charge of tobacco product vending machines may be prohibited from possessing tobacco product vending machines.......... 12 Tobacco Products (Prevention of Supply to Children) 19 21 23 26 28303335 37 Division 3—Supply of tobacco products by adults to children Application of div3 2.0.0... ccc eee ete eee Supply prohibited .......... 0.0.02 Division 4—Signage Tobacco products suppliers must display prohibition signs ............. Persons in charge of tobacco product vending machines must attach or display prohibition signs ..................... 00000 e eee eee Division 5—Minimum saleable quantities of tobacco products Cigarettes must be sold in packages ............0.......0 00000 e eee Prepackaged loose tobacco must not be sold under certain quantity ..... Division 6—Supply of things resembling tobacco products Supply of food or toys resembling tobacco products................... Division 7—Liability for certain offences against part Liability of person for conduct of representatives ................0..0. Defence to charge if age material .............0.......0 0.000 PART 3—MONITORING AND ENFORCEMENT Division 1—Appointment of authorised persons and other matters Who are authorised persons .......... 0.0000 c cece Terms of appointment ......... 0.0... eee eee Authorised person's identity card. ........0 0.0.00. eee eee eee Production or display of authorised person's identity card.............. Protection from liability .......... 0.0.0.0. 2c eee eee Division 2—Powers of authorised persons Meaning of "occupier" for div2............ 0.00.0. c eee eee eee Entry of places by authorised persons ...................00 0002 eee ee Warrants . 0... eee eee e eens General powers after entering places................0.000 000000000. Division 3—Other enforcement powers of authorised persons Power to require name and address ...........000....00 0000 e eee eee Power to require evidence of age, name and address of person observed being supplied a tobacco product................0...00000. Power to seize tobacco product .......... 0.0.0... 2c eee ee Tobacco Products (Prevention of Supply to Children) 4042 444648 50 52 Division 4—Seizure of evidence Power to seize evidence... 6.6... eee teens 23 Procedure after thing seized... 2.0... 23 Forfeiture on conviction ........ 00.0. c cece eee eens 24 Dealing with forfeited things etc... 2.0.2... 0.0.0.0... cee eee eee 24 Division 5—Other enforcement matters False or misleading information .............000000 cece eee eee eee 25 False, misleading or incomplete documents ................-000 0000s 25 Notice of damage... 6.6.66... cece cette eee 26 Compensation ... 0.0.0.6... eect eee ene ee 26 Impersonation of authorised person ........... 002.0. e cece e eee eee 27 Obstruction of authorised persons ....... 0.0.6. 27 PART 4—MISCELLANEOUS Evidence of thing labelled as tobacco product ...............-.000005 27 Regulation-making power... 1.0.06... cece e eens 27 PART 5—REPEAL AND TRANSITIONAL Repeal... eee e nents 28 Supply of tobacco products from vending machines at premises other than licensed premises ..............00 000 c cette eee ee eee eee 28 EXPY 2. ete teen eens 28 SCHEDULE ......................... 29 DICTIONARY A BILL FOR An Act to restrict the supply of tobacco products to children, and for other purposes sl 6 s3 Tobacco Products (Prevention of Supply to Children) The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Tobacco Products (Prevention of Supply to Children) Act 1997. Commencement 2.(1) This Act (other than section 15) commences on a day to be fixed by proclamation. (2) Section 15 commences 6 months after the day fixed under subsection (1). Main object of Act and its achievement 3.(1) The main object of this Act is to reduce the number of children who take up smoking. (2) This is to be achieved mainly by restricting the availability of tobacco products to children. SO OX a 13 15 s4 7 s7 Tobacco Products (Prevention of Supply to Children) Definitions 4. The dictionary in the schedule defines particular words used in this Act.1 Who is a "responsible adult" 5. A "responsible adult", for a child, is an adult who— (a) is the child's parent, step-parent or guardian; or (b) has parental rights and responsibilities for the child. Example of responsible adult under paragraph (b)— An adult who is an aunt or uncle of a child, living with the child. Acceptable evidence of age 6. For this Act, acceptable evidence of the age of a person is a document that— (a) isadriver's licence, proof of age card or an Australian or foreign passport; and (b) bears a photograph of the person; and (c) indicates by reference to the person's date of birth or otherwise that the person has attained a particular age. Act binds all persons 7. This Act binds all persons. 1 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act—Acts Interpretation Act 1954, section 14(4). Words defined elsewhere in the Act are generally signposted by entries in the dictionary. However, if a section has a definition applying only to the section, or a part of the section, it is generally not signposted by an entry in the dictionary and is generally set out in the last subsection of the section. Signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the Act and tell the reader where the definitions can be found. For example, the definition ' "responsible adult" see section 5.' tells the reader there is a definition of responsible adult in the section. w Com N DWN Bp 12 14 17 19 s8 8 s 10 Tobacco Products (Prevention of Supply to Children) PART 2—SUPPLY OF TOBACCO PRODUCTS Division I—Tobacco product suppliers and employees Application of div 1 8. This division does not apply to the supply of tobacco products from tobacco product vending machines. Meaning of "prevention measures" for div 1 9. In this division— "prevention measures", by a tobacco product supplier in relation to an employee of the supplier, means— (a) instructing the employee— (i) not to supply tobacco products to children in any circumstances, even if the supply is for, or claimed to be for, an adult; and (11) to sight acceptable evidence of age for a person before supplying a tobacco product to the person, unless satisfied the person is an adult; and (b) warning the employee that if the employee supplies tobacco products to children in disregard of the instructions mentioned in paragraph (a), the employee commits an offence against this Act; and (c) obtaining written acknowledgment by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b). Individual supplier must not supply tobacco products to children 10.(1) A tobacco product supplier who is an individual must not supply a tobacco product to a child. Maximum penalty— 26 sll 9 s 13 Tobacco Products (Prevention of Supply to Children) (a) fora first offence—1 penalty unit; and (b) fora second or later offence—2 penalty units. (2) However, this section does not apply if the supply is by an employee of the supplier. Supplier must ensure employees do not supply tobacco products to children 11.(1) A tobacco product supplier must ensure an employee of the supplier does not supply a tobacco product to a child. Maximum penalty— (a) fora first offence—1 penalty unit; and (b) fora second or later offence—2 penalty units. (2) However, a tobacco product supplier does not commit an offence against subsection (1) if, before the supply, the supplier took the prevention measures in relation to the employee. When employee of supplier liable 12.(1) This section applies if a tobacco product supplier has, in relation to an employee of the supplier, taken the prevention measures. (2) After the prevention measures have been taken, the employee of the tobacco product supplier must not, in the ordinary course of employment, supply a tobacco product to a child. Maximum penalty— (a) fora first offence—1 penalty unit; and (b) fora second or later offence—2 penalty units. Suppliers may be prohibited from selling tobacco products 13.(1) This section applies if— (a) a tobacco product supplier is convicted of an offence against section 10 or 11; and RW NY Oo on HNwN 11 1317 192227 s14 10 s14 Tobacco Products (Prevention of Supply to Children) (b) within 2 years after the conviction, the supplier is again convicted of an offence against either section (the "subsequent offence"). (2) The court sentencing the supplier for the subsequent offence may, on its own initiative or the application of the prosecutor, make an order against the supplier under subsection (3). (3) The court may make an order applying for a stated period, of at least 2 months but not longer than 1 year— (a) prohibiting the supply of all or stated tobacco products by the supplier; or (b) imposing conditions or restrictions on the supply of tobacco products by the supplier. (4) However, if the supplier supplies tobacco products at more than 1 outlet, the order may apply only to the outlets where the offences happened. (5) A person must not contravene an order under subsection (3). Maximum penalty for subsection (5)—75 penalty units. Division 2—Tobacco product vending machines Definitions for div 2 14, In this division— "employee", of a person in charge of a tobacco product vending machine, means an employee of the person— (a) whose employment requires the employee to work near the vending machine; and (b) who, in performing the employee's duties, can observe the use of the vending machine. "prevention measures", by a person in charge of a tobacco product vending machine in licensed premises, means— (a) for the vending machine—locating the vending machine in the premises so that its use can be observed by the person's FBO CHM AD ARwW NH Re Ree ee RwWN re Hn wn 19 21 23 25 27 29 $15 11 s 16 Tobacco Products (Prevention of Supply to Children) employees; and (b) for the person's employees— (i) instructing the employees to— (A) take reasonable steps to ensure that a child does not obtain a tobacco product from the vending machine, even if the product is for, or claimed to be for, an adult; and (B) sight acceptable evidence of age for a person before allowing the person to obtain a tobacco product from the vending machine, unless satisfied the person is an adult; and (11) obtaining written acknowledgment by each employee that the employee received the instructions mentioned in subparagraph (i). Restriction on location of tobacco product vending machines 15.(1) An occupier of premises (other than licensed premises) must not have a tobacco product vending machine in the premises. Maximum penalty—1 penalty unit. (2) Subsection (1) does not apply to a tobacco product vending machine while it is not being used by anyone to supply tobacco products. Example— Subsection (1) does not apply to a tobacco product vending machine while it is being stored, transported or repaired. (3) Proof that a tobacco product vending machine was capable of being used to supply tobacco products is evidence that the vending machine was being used to supply tobacco products at the relevant time. Supply of tobacco products from vending machines 16.(1) A person in charge of a tobacco product vending machine in licensed premises must not allow a child to obtain a tobacco product from the vending machine. 17 20 23 2529 s17 12 s17 Tobacco Products (Prevention of Supply to Children) Maximum penalty— (a) fora first offence—1 penalty unit; and (b) fora second or later offence—2 penalty units. (2) However, the person does not commit an offence against subsection (1) if, before the child obtained the tobacco product, the person had taken the prevention measures. Persons in charge of tobacco product vending machines may be prohibited from possessing tobacco product vending machines 17.(1) This section applies if— (a) a person in charge of a tobacco product vending machine is convicted of an offence against section 16; and (b) within 2 years after the conviction, the person is again convicted of an offence against the section (the "subsequent offence"). (2) The court sentencing the person for the subsequent offence may, on its own initiative or the application of the prosecutor, make an order against the person under subsection (3). (3) The court may make an order applying for a stated period, of at least 2 months but not longer than 1 year— (a) prohibiting the person from possessing tobacco product vending machines; or (b) imposing conditions or restrictions on the possession or use of tobacco product vending machines by the person. (4) However, if the person is in charge of a tobacco product vending machine at more than | licensed premises, the order may apply only to the licensed premises where the offences happened. (5) A person must not contravene an order under subsection (3). Maximum penalty for subsection (5)—75 penalty units. $18 13 s 20 Tobacco Products (Prevention of Supply to Children) Division 3—Supply of tobacco products by adults to children Application of div 3 18. This division does not apply to the supply of tobacco products— (a) by tobacco product suppliers or their employees (in the ordinary course of employment); or (b) from tobacco product vending machines. Supply prohibited 19.1) An adult must not supply a tobacco product to a child (the "relevant person"). Maximum penalty—1 penalty unit. (2) However, a responsible adult for a child does not commit an offence by supplying a tobacco product to the child. (3) It is a defence to a charge under subsection (1) for the defendant to prove that at the time of the offence the defendant honestly and reasonably believed that the relevant person was an adult. Division 4—Signage Tobacco products suppliers must display prohibition signs 20.(1) A tobacco product supplier must display prohibition signs, at each place at which the supplier supplies tobacco products, in the way prescribed under a regulation. Maximum penalty—1 penalty unit. (2) However, this section does not apply if the supply is from a tobacco product vending machine. DA nk Ww wp 12 141923 s21 14 s 24 Tobacco Products (Prevention of Supply to Children) Persons in charge of tobacco product vending machines must attach or display prohibition signs 21. A person in charge of a tobacco product vending machine must attach prohibition signs to, or display prohibition signs near, the vending machine, in the way prescribed under a regulation. Maximum penalty—1 penalty unit. Division 5—Minimum saleable quantities of tobacco products Cigarettes must be sold in packages 22.(1) A tobacco product supplier must sell cigarettes only in a package. Maximum penalty—1 penalty unit. (2) A tobacco product supplier must not sell cigarettes in a package containing less than 20 cigarettes. Maximum penalty—1 penalty unit. Prepackaged loose tobacco must not be sold under certain quantity 23. A tobacco product supplier must not sell prepackaged loose tobacco in quantities of less than 25 g. Maximum penalty—1 penalty unit. Division 6—Supply of things resembling tobacco products Supply of food or toys resembling tobacco products 24.(1) A person must not, as part of a business activity, supply to a person— (a) food that is not a tobacco product but resembles a tobacco product; or (b) a toy that resembles a tobacco product. nH A PpRW Noe 12 16 21 23 s 25 15 s 26 Tobacco Products (Prevention of Supply to Children) Maximum penalty—1 penalty unit. (2) For subsection (1), food or a toy resembles a tobacco product if the food or toy— (a) has an appearance that is likely to cause a reasonable person to consider the food or toy resembles a tobacco product or tobacco product package; or (b) is contained in a package that is likely to cause a reasonable person to consider the package resembles a tobacco product package; or (c) is declared under a regulation to resemble a tobacco product or tobacco product package. Division 7—Liability for certain offences against part Liability of person for conduct of representatives 25.(1) This section applies to a proceeding against a person (the "defendant") for an offence against section 22, 23 or 24. (2) Conduct engaged in by a representative of the defendant within the scope of the representative's actual or apparent authority is taken to have been also engaged in by the defendant, unless the defendant proves that the defendant took reasonable steps to prevent the conduct. (3) If it is relevant to prove the defendant's state of mind about particular conduct, it is enough to show— (a) the conduct was engaged in by a representative of the defendant within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. Defence to charge if age material 26.(1) This section applies to a charge for an offence against section 10, Ne ion ro UO ON AUN ER W a N 15 1719 21 2327 s27 16 s27 Tobacco Products (Prevention of Supply to Children) 11, 12 or 162 in which the age of a person (the "relevant person") is material to the charge. (2) It is a defence to the charge for the defendant to prove that at the time of the offence the defendant or the defendant's employee honestly and reasonably believed the relevant person was an adult. (3) Proof that the defendant or the defendant's employee did not ask the relevant person to produce acceptable evidence of age is evidence that any belief that the relevant person was an adult was not reasonable. PART 3—MONITORING AND ENFORCEMENT Division 1—Appointment of authorised persons and other matters Who are authorised persons 27.(1) The chief executive may appoint any of the following persons as authorised persons— (a) public service employees; (b) health service employees within the meaning of the Health Services Act 1991; (c) other persons prescribed under a regulation. (2) The chief executive may appoint a person as an authorised person only if the chief executive considers the person has the necessary expertise or experience to be an authorised person. (3) A police officer is, without further appointment, an authorised person. 2 Section 10 (Individual supplier must not supply tobacco products to children), 11 (Supplier must ensure employees do not supply tobacco products to children), 12 (When employee of supplier liable) or 16 (Supply of tobacco products from vending machines) CID ARPW NH 13 16 1922 s 28 17 s 30 Tobacco Products (Prevention of Supply to Children) Terms of appointment 28.(1) An authorised person (other than a police officer) holds office on the conditions stated in the instrument of appointment. (2) If the instrument provides for a term of appointment, the authorised person ceases to hold office at the end of the term. (3) An authorised person may resign by signed notice given to the chief executive. Authorised person's identity card 29.(1) The chief executive must give an identity card to each authorised person (other than a police officer). (2) The identity card must— (a) contain a recent photograph of the person; and (b) be signed by the person; and (c) identify the person as an authorised person for this Act; and (d) include an expiry date. (3) A person who ceases to be an authorised person must return the person's identity card to the chief executive as soon as practicable (but within 3 weeks) after the person ceases to be an authorised person, unless the person has a reasonable excuse. Maximum penalty—S penalty units. (4) This section does not prevent the issue of a single identity card to a person for this Act and other Acts. Production or display of authorised person's identity card 30. An authorised person (other than a uniformed police officer) may exercise a power under this part in relation to someone only if— (a) the authorised person first produces for the person's inspection— (i) for an authorised person who is a police officer—the authorised person's police identity card; or ND ns Wn 111315 1719 22 25 28 s31 18 s 33 Tobacco Products (Prevention of Supply to Children) (11) for another authorised person—the authorised person's identity card under this Act; or (b) the authorised person has the identity card displayed so it is clearly visible to the person. Protection from liability 31.(1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State. (3) In this section— "official" means— (a) an authorised person; or (b) a person acting under the direction of an authorised person. Division 2—Powers of authorised persons Meaning of "occupier" for div 2 32. In this division— "occupier", of a place, includes a person who reasonably appears to be the occupier, or in charge, of the place. Entry of places by authorised persons 33.(1) An authorised person may enter a place if— (a) the occupier consents to the entry; or (b) the entry is authorised by a warrant. (2) Also, an authorised person may, without the occupier's consent or a warrant, enter— (a) a public place when the place is open to the public; or Bw Ne Com ND w 1113 16 18 2022 24 s 34 19 s 34 Tobacco Products (Prevention of Supply to Children) (b) an outlet of a tobacco product supplier or licensed premises when it is open for carrying on business; or (c) the land around premises to ask its occupier for consent to enter the premises. Warrants 34.(1) An authorised person may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application be given by statutory declaration. (4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting — (a) there is a particular thing or activity (the "evidence") that may provide evidence of an offence against this Act; and (b) the evidence is, or may be within the next 7 days, at the place. (5) The warrant must state— (a) that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person's powers under this part; and (b) the offence for which the warrant is issued; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when entry may be made; and (e) the day, within 7 days after the warrant's issue, when the warrant ends. BW Ne ao ntniwn 12 15 17 19 21 232629 s 35 20 s 35 Tobacco Products (Prevention of Supply to Children) General powers after entering places 35.(1) This section applies to an authorised person who enters a place under section 33. (2) However, if an authorised person enters a place to get the occupier's consent to enter premises, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised. (3) For monitoring or enforcing compliance with this Act, the authorised person may— (a) search any part of the place; or (b) inspect, measure, test, photograph or film any part of the place or anything in the place; or (c) take a thing, or a sample of or from a thing, in the place for analysis; or (d) copy a document in the place; or (e) take into the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or (f) require the occupier of the place, or a person in the place, to give the authorised person reasonable help to exercise the authorised person's powers mentioned in paragraphs (a) to (e). (4) A person must comply with a requirement under subsection (3)(f), unless the person has a reasonable excuse for not complying. Maximum penalty—S penalty units. (5) If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person. (6) A person does not commit an offence under subsection (4) for failing to comply with a requirement unless the authorised person has first warned the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. BR WN Bo © Mr AY ee Sew wn os Se ee NAN Nee CoO Co NN Ne N we N NwHn NAY WWpN KF COO w s 36 21 837 Tobacco Products (Prevention of Supply to Children) Division 3—Other enforcement powers of authorised persons Power to require name and address 36.(1) This section applies if— (a) an authorised person finds a person committing an offence against this Act; or (b) an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person or the person's employer has just committed an offence against this Act. (2) The authorised person may require the person to state the person's name and residential address. (3) When making the requirement under subsection (2), the authorised person must warn the person it is an offence to fail to state the person's name or residential address, unless the person has a reasonable excuse. (4) The authorised person may require the person to give evidence of the correctness of the person's stated name or residential address if the authorised person reasonably suspects the stated name or address is false. (5) A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse. Maximum penalty—S penalty units. (6) The person does not commit an offence against subsection (5) if— (a) the person was required to state the person's name and address by an authorised person who suspected the person or the person's employer had committed an offence against this Act; and (b) the person or the person's employer is not proved to have committed the offence. Power to require evidence of age, name and address of person observed being supplied a tobacco product 37.(1) An authorised person may require a person to show acceptable 28 s 38 22 s 38 Tobacco Products (Prevention of Supply to Children) evidence of age of the person if the authorised person— (a) observes the person being supplied a tobacco product; and (b) suspects on reasonable grounds the person is a child. (2) The authorised person may require the person to state the person's name and residential address if— (a) the person refuses, or is unable, to comply with a requirement made under subsection (1); or (b) the acceptable evidence of age of the person shown under subsection (1) shows the person is a child. (3) When making the requirement under subsection (2), the authorised person must warn the person it is an offence to fail to state the person's name or residential address, unless the person has a reasonable excuse. (4) The authorised person may require the person to give evidence of the correctness of the person's stated name or residential address if the authorised person reasonably suspects the stated name or address is false. (5) A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse. Maximum penalty—1 penalty unit. (6) The person does not commit an offence against subsection (5) if no one is proved to have committed an offence against this Act in relation to the supply of the tobacco product. Power to seize tobacco product 38.(1) This section applies if— (a) an authorised person observes a person being supplied a tobacco product; and (b) the authorised person suspects on reasonable grounds the person is a child; and (c) the person— (i) refuses, or is unable, to comply with a requirement made by the authorised person under section 37(1); or Co YD AB WN 12 1417 2023 25 27 30 s 39 23 s 40 Tobacco Products (Prevention of Supply to Children) (11) shows acceptable evidence of age of the person under section 37(1) showing the person is a child; and (d) the authorised person reasonably believes the tobacco product is evidence of an offence against this Act. (2) The authorised person may seize the tobacco product. Division 4— Seizure of evidence Power to seize evidence 39.(1) An authorised person who enters a place with the occupier's consent may seize a thing in the place if— (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier's consent. (2) An authorised person who enters a place with a warrant may seize the evidence for which the warrant was issued. (3) The authorised person may also seize anything else in the place if the person reasonably believes— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being hidden, lost, destroyed, or used to continue or repeat the offence. (4) Also, the authorised person may seize a thing in the place if the person reasonably believes that it has just been used in committing an offence against this Act. Procedure after thing seized 40.(1) As soon as practicable after a thing is seized by an authorised person under section 38 or 39, the authorised person must give a receipt for it to the person from whom it was seized. (2) The authorised person must allow a person who would be entitled to nN BW NPE 11 13 15 17 20 2226 s41 24 5 42 Tobacco Products (Prevention of Supply to Children) the seized thing if it were not in the authorised person's possession— (a) to inspect it; or (b) if itis a document—to copy it. (3) The authorised person must return the seized thing to the person at the end of— (a) 1 year; or (b) if a proceeding for an offence involving it is started within 1 year—the proceeding and any appeal from the proceeding. (4) Despite subsection (3), the authorised person must return the seized thing to the person if the authorised person is satisfied— (a) its retention as evidence is no longer necessary; and (b) its return is not likely to result in its use in repeating the offence. Forfeiture on conviction 41.(1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— (a) anything used to commit the offence; or (b) anything else the subject of the offence. (2) The court may make the order— (a) whether or not the thing has been seized; and (b) if the thing has been seized—whether or not the thing has been returned to its owner. (3) The court may make any order to enforce the forfeiture it considers appropriate. (4) This section does not limit the court's powers under the Penalties and Sentences Act 1992 or another law. Dealing with forfeited things etc. 42.(1) On the forfeiture of a thing to the State, the thing becomes the ow! Cn HD Uf WW NY Se Se Ne 15 1719 21 23 25 27 s 43 25 s 44 Tobacco Products (Prevention of Supply to Children) State's property and may be dealt with by the chief executive as the chief executive considers appropriate. (2) Without limiting subsection (1), the chief executive may destroy the thing. Division 5—Other enforcement matters False or misleading information 43.(1) A person must not state anything to an authorised person the person knows is false or misleading in a material particular. Maximum penalty—S penalty units. (2) It is enough for a complaint for an offence against subsection (1) to state the statement made was false or misleading to the person's knowledge. False, misleading or incomplete documents 44.1) A person must not give to an authorised person a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—S penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) informs the authorised person, to the best of the person's ability, how it is false, misleading or incomplete; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false, misleading or incomplete to the person's knowledge. BW Ne 1519 21 23 26 s 45 26 s 46 Tobacco Products (Prevention of Supply to Children) Notice of damage 45.(1) This section applies if— (a) an authorised person damages something when exercising or purporting to exercise a power under this part; or (b) a person (the "other person") acting under the direction of an authorised person damages something when exercising or purporting to exercise a power under this part. (2) The authorised person must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing. (3) If the authorised person believes the damage was caused by a latent defect in the thing or circumstances beyond the authorised person's or other person's control, the authorised person may state it in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the authorised person reasonably believes is trivial. (6) In this section— "owner", of a thing, includes the person in possession or control of it. Compensation 46.(1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this part. (2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this part. (3) Compensation may be claimed and ordered in a proceeding— (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or SCOm NDWN Fw NY 121518 20 232630 s47 27 s 50 Tobacco Products (Prevention of Supply to Children) (b) for an offence against this Act brought against the person claiming compensation. (4) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case. (5) A regulation may prescribe matters that may, or must, be taken into account by the court in considering whether it is just to make the order. Impersonation of authorised person 47. A person must not pretend to be an authorised person. Maximum penalty—10 penalty units. Obstruction of authorised persons 48. A person must not obstruct an authorised person in the exercise of a power under this part, unless the person has a reasonable excuse. Maximum penalty—S penalty units. PART 4—MISCELLANEOUS Evidence of thing labelled as tobacco product 49. A thing labelled as a tobacco product, or labelled in a way a reasonable person would take to be labelled as a tobacco product, is evidence the thing is or contains a tobacco product. Regulation-making power 50. The Governor in Council may make regulations under this Act. DAN BPW NH 12 1720 s51 28 s 53 Tobacco Products (Prevention of Supply to Children) PART 5—REPEAL AND TRANSITIONAL Repeal 51. The Juvenile Smoking Suppression Act 1905 is repealed. Supply of tobacco products from vending machines at premises other than licensed premises 52. Sections 14, 16, 21 and 263 (so far as it relates to an offence against section 16) apply to an occupier of premises (other than licensed premises) in which a tobacco product vending machine is located as if a reference to— (a) a person in charge of a tobacco product vending machine is a reference to the occupier of the premises in which the vending machine is located; and (b) licensed premises is a reference to the premises in which the vending machine is located. Expiry 53. This part expires on the commencement of section 15.4 3 Sections 14 (Definitions for div 2), 16 (Supply of tobacco products from vending machines), 21 (Persons in charge of tobacco product vending machines must attach or display prohibition signs) and 26 (Defence to charge if age material) 4 Section 15 (Restriction on location of tobacco product vending machines) w pe roo AND VA lon' wn 15 Tobacco Products (Prevention of Supply to Children) SCHEDULE DICTIONARY section 4 "acceptable evidence of age" see section 6. "authorised person" means a person appointed, or holding office, under section 27 as an authorised person. "child" means an individual who is under 18. "cigar" includes tobacco leaf rolled into a cylinder with a conical end for smoking. "cigarette" means a roll of cut tobacco for smoking enclosed in paper, bark, leaf or something else, whether or not the tobacco is mixed with another substance, but does not include a cigar. "coin-operated vending machine" means a machine or device operated by money, token, debit card or credit card. "consumption", of tobacco product, includes smoking, inhaling or chewing the tobacco product. "conviction" means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. "driver'slicence" includes a licence, permit or other authority issued under a law of the State or another State that authorises a person to drive or ride a motor vehicle on public roads. "engage in conduct" includes fail to engage in conduct. "executive officer", of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer. "licensed premises" has the meaning given by the Liquor Act 1992, section 4. Tobacco Products (Prevention of Supply to Children) SCHEDULE (continued) "licensee" has the meaning given by the Liquor Act 1992, section 4. "obstruct" includes hinder, resist and attempt to obstruct. "package", for cigarettes, means a package containing cigarettes packed by the manufacturer, or importer, of the cigarettes. "person in charge", of a tobacco product vending machine, means the licensee of licensed premises in which the vending machine is located. "place" includes premises, vacant land and a vehicle. "premises" includes— (a) a building or other structure; and (b) apart of a building or other structure; and (c) land where a building or other structure is situated. "prepackaged loose tobacco" means tobacco product for smoking that is cut and packaged for retail sale, but does not include a cigarette or cigar. Example— Tobacco product commonly called 'roll your own tobacco' or 'pipe tobacco'. "prohibition sign" means a sign about the supply of tobacco products to children complying with the requirements prescribed under a regulation. "proof of age card" means a proof of age card mentioned in the Liquor Act 1992, section 6(a)(1). "public place" means a place that the public is entitled to use, is open to the public or is used by the public (whether or not on payment of money). "representative" means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual. "responsible adult" see section 5. Co DANY DN Fw N eS eK Oo ren ROBY re Re n wn a Con Nw a) N aS) N Nv Nn Ny N ao Nn Tobacco Products (Prevention of Supply to Children) SCHEDULE (continued) "sell" means sell by retail, wholesale or auction, and includes— (a) offer or agree to sell; and (b) invite to treat or expose to sale; and (c) cause or permit to be sold; and (d) attempt to sell or do an act mentioned in paragraphs (a) to (c). "state of mind", of a person, includes— (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. "supply" includes— (a) distribute, give or sell; and (b) offer or agree to distribute or give; and (c) cause or permit to be distributed or given; and (d) attempt to supply or do an act mentioned in paragraphs (a) to (c). "tobacco product" means tobacco prepared for consumption or something containing tobacco for consumption, and includes a cigarette, cigar and prepackaged loose tobacco. "tobacco product package" means a package— (a) ofatype commonly used for tobacco products; and (b) depicting a symbol, design or words that show the package contains a tobacco product. "tobacco product supplier" means a person who, as part of a business activity, supplies tobacco products to the public, but does not include a person who supplies tobacco products to the public as an employee of another person. "tobacco product vending machine" means a coin-operated vending machine used, or intended for use, for selling tobacco products, Oo Om ANYN Dn FW NY See ee ww NY Fe So a Dnt ioe ao Nn NR Ne) NRNNN BRONE Nv Nn Tobacco Products (Prevention of Supply to Children) SCHEDULE (continued) whether or not it is also used, or intended for use, for selling other products. "vehicle" includes an aircraft, boat and train. © State of Queensland 1997 RW Ne