Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Bill 2024 (SA)

South Australia Tobacco and E-Cigarette Products (E-Cigarette and Other Reforms) Amendment Bill 2024 A Bill For An Act to amend the Tobacco and E-Cigarette Products Act 1997.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Tobacco and E-Cigarette Products Act 1997 3 Amendment of section 3—Objects of Act 4 Amendment of section 4—Interpretation 5 Insertion of sections 5 and 5A 5 Definition of e‑cigarette product and related terms 5A Provisions governing whether person is fit and proper 6 Substitution of Part 2 Part 2—Licences 6 Requirement for licence 7 Licences 8 Application for licence to be given to Commissioner of Police 9 Conditions of licence 10 How licences are to be held 11 Annual fee and return 12 Notification of certain changes in holder of licence 13 Surrender of licence 7 Amendment of heading to Part 3 Part 3—Offences 8 Insertion of heading Division 1—Offences relating to tobacco products 9 Amendment of section 30—Restrictions on retail sale of tobacco products and e‑cigarette products 10 Amendment of section 31—Requirements for packaging tobacco products 11 Amendment of section 32—Prohibition on sale or supply of certain tobacco products 12 Amendment of section 33—Possession of certain tobacco products 13 Amendment of section 34A—Prohibited tobacco products 14 Amendment of section 35—Sale of sucking tobacco 15 Amendment of section 36—Products designed to resemble tobacco products 16 Substitution of section 37 and 37A 37 Sale of tobacco products by vending machine 17 Amendment of section 38—Carrying tray etc of tobacco products or e‑cigarette products for making of successive retail sales 18 Amendment and redesignation of section 38A—Sale or supply of tobacco products or e‑cigarette products to children 19 Amendment and redesignation of section 39 20 Insertion of Part 3 Divisions 2, 3, 4 and heading to Division 5 Division 2—Offences relating to e‑cigarette products 39A Offence relating to sale or supply of e‑cigarette products 39B Offence relating to possession of e‑cigarette products Division 3—Prohibited products 39C Prohibited products Division 4—Offences relating to children 39D Sale or supply of tobacco products by children Division 5—Offences relating to promotion of tobacco products and e‑cigarette products 21 Amendment of section 40—Certain advertising prohibited 22 Amendment of section 41—Prohibition of certain sponsorships 23 Amendment of section 42—Competitions and reward schemes etc 24 Amendment of section 43—Free samples 25 Amendment of section 45—Business promotions to attract smokers 26 Amendment of section 46—Smoking banned in enclosed public places, workplaces and shared areas 27 Amendment of section 48—Smoking in motor vehicle if child present 28 Amendment of section 49—Smoking banned in certain public transport areas 29 Amendment of section 50—Smoking banned near certain playground equipment 30 Amendment of section 51—Smoking banned in certain public areas—short term bans 31 Amendment of section 52—Smoking banned in certain public areas—longer term bans 32 Amendment of section 63—Appointment of authorised officers 33 Substitution of section 64 64 Identification of authorised officers 34 Amendment of section 65—Power to require information or records or attendance for examination 35 Amendment of section 66—Powers of authorised officers 36 Insertion of sections 66A and 66B 66A Compliance direction 66B Embargo notices 37 Amendment of section 67—Offence to hinder etc authorised officers 38 Substitution of section 69 69 Powers in relation to seized records or things 39 Insertion of Parts 6, 6A and 6B Part 6—Controlled purchase operations 69A Interpretation 69B Controlled purchase officer 69C Controlled purchase operation Part 6A—Disciplinary action against holder of licence 69D Cause for disciplinary action 69E Compliance notice 69F Default notice 69G Disciplinary action 69H Effect of criminal proceedings Part 6B—Review 69I Review by Minister 69J Review by SACAT 40 Amendment of section 70A—Confiscation of products from children 41 Amendment of section 71—Exemptions 42 Substitution of section 73 73 Register 43 Amendment of section 75—False or misleading information 44 Amendment of section 76—Minister may require verification of information 45 Substitution of sections 77 and 78 76A Enforceable voluntary undertakings 77 Criminal intelligence 78 Disclosure of information 46 Amendment of section 79—General defence 47 Amendment of section 82—Prosecutions 48 Insertion of section 82A 82A Court may make certain orders 49 Amendment of section 85—Evidence 50 Substitution of section 86 86 Imputation of conduct or state of mind of officer, employee etc 51 Insertion of section 86B 86B Exclusion of compensation 52 Amendment of section 87—Regulations 53 Substitution of Schedule Schedule 1—Controlled purchase operations—prescribed provisions Schedule 1—Saving and transitional provisions 1 Interpretation 2 Existing licences 3 Requirement for wholesale licence 4 Licence applications 5 Licence conditions 6 Annual returns 7 Seized products 8 Review proceedings 9 Register