Tobacco Products Control Act 2006 (WA)

Western Australia Tobacco Products Control Act 2006 Western Australia Tobacco Products Control Act 2006 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Purposes of Act 2 4. Terms used 2 5. Application to Crown 2 Part 2 — Sale and supply Division 1 — Supply to people under 18 6. Supply etc. to people under 18 prohibited 3 7. Purchase on behalf of people under 18 prohibited 3 8. Vending machines not to be operated by people under 18 3 9. Indirect sales, proof of age required for 4 10. Tobacco products etc. for delivery, markings on 4 11. Delivery of tobacco products etc. 4 12. Refusal of supply etc. if no proof of age 4 13. Defence to s. 6, 7, 8(1) and 9 offences, age of receiver 5 14. Defence to s. 6 and 11 offences for Australia Post workers 6 15. Proof of age for s. 9, 12 and 13(2)(c), what is 6 Division 2 — Sale of tobacco products 16. Retailers of tobacco products to be licensed 7 17. Wholesalers of tobacco products to be licensed 7 18. Indirect sellers of tobacco products to be licensed 7 18A. No retail sale by person under 18 years 7 19. Tobacco products for sale to be labelled 8 20. Only one sale place in each retail premises 8 21. No retail sale of cigarettes except in packages of at least 20 8 21A. No sale of cigarettes in certain packages 8 21B. No sale of flavoured cigarettes 9 22. No display of tobacco products etc. in retail premises 9 23. Defence to s. 22(1) offence for specialist retailers 9 24. Information about availability etc. of tobacco products etc. in retail premises 10 25. Warnings to be displayed at retail premises etc. 11 26. Information etc., provision of by CEO and some licensees 12 27. Vending machines, where they can be placed 13 28. People carrying tobacco products not to sell them 13 29. Price discounting not to be advertised 14 30. Only tobacco prepared for smoking to be sold etc. 14 Part 3 — Advertising and promotion 31. Tobacco advertisements restricted 15 32. Exceptions to s. 31 15 33. Prizes etc. connected with sale of tobacco product prohibited 17 33A. Tobacco products not to be included in loyalty programme 18 34. Free samples of tobacco products not to be given etc. 19 35. Sponsorships in connection with promoting tobacco products etc. prohibited 19 Part 4 — Licensing Division 1 — Licensing procedures 36. Types and content of licences 21 37. Application for licence 21 38. How and when to apply for renewal 22 39. Issuing and renewing licences, CEO's functions 22 40. Applicants to be notified of refusal etc. 24 41. Conditions and restrictions of general application 25 42. Conditions and restrictions of particular application 25 43. Duration of licence 26 44. Amending licence to apply to different premises 26 45. Register of licences 27 Division 2 — Powers of courts and State Administrative Tribunal 46. Review by SAT of licensing decisions 28 47. Disciplinary action against licence holders by SAT 28 48. Courts' powers on conviction in addition to punishment 30 49. Non-compliance with SAT's order, SAT's powers as to 30 50. Proceedings in court or SAT, general provisions about 31 Division 3 — Further obligations of licence holders 51. Breach of condition or restriction 32 52. Retailer's licence to be displayed 32 53. Licence to be produced on request by investigator 32 54. Lost etc. licences, notice and replacement of 32 55. Expired, amended etc. licences to be returned to CEO 33 56. Licence details to be shown on invoices etc. 33 57. Wholesalers' duties 34 58. Records to be kept by licence holders etc. 35 Part 5 — Administration 74. CEO may delegate 36 75. CEO may carry out research etc. 36 Part 6 — Investigations Division 1 — Investigators and investigation purposes 76. Investigators, appointment of 37 77. Appointment of restricted investigators 37 78. Restricted investigators, powers of 38 79. Police have powers of investigator 39 80. CEO has powers of investigator 39 81. Identity cards for investigators and restricted investigators 39 82. Identity card etc. to be shown 40 83. Purposes for which investigations may be done 40 Division 2 — Obtaining identifying information 84. Investigator may ask for name, address etc. 41 Division 3 — Powers in relation to premises 85. Power to enter premises 41 86. Residential premises, entry of 41 87. Warrants to enter premises 41 88. Identification and warrant (if any) to be shown on entry 42 89. Investigator's powers as to premises 42 90. Offences 44 91. Things in premises, investigator's duties as to 44 92. Access to, and return of, things taken from premises 45 93. Use of force by police officers 46 Division 4 — Compliance surveys and controlled purchase operations 94. Terms used 46 95. Controlled purchase officers, authorisation of etc. 46 96. Compliance surveys and controlled purchase operations 47 97. Reports about compliance surveys etc., CEO's duties as to 47 Part 7 — Enforcement Division 1 — Young persons with tobacco products or smoking implements 98. Terms used 48 99. Seizing tobacco products etc. from young persons 48 100. Young person found smoking etc. to give information 49 101. If young person found smoking etc., parent may be informed and approved guide provided 49 102. Powers in s. 84 unavailable for this Division 50 Division 2 — Offences 103. False or misleading information given to CEO etc. 50 104. False information about tobacco products etc. 50 105. Licence holders not to possess certain tobacco products 51 106. Products resembling tobacco products etc. not to be sold 51 107A. No smoking on beaches "between the flags" 51 107B. No smoking in outdoor eating areas 51 107C. No smoking near playground equipment 53 107D. No smoking in or on vehicles if under 17 year old present 53 107E. Local government legislative power not affected 53 107F. Protection of employees refusing to work in smoking zone 54 107. Obstruction of CEO etc. 55 108. Corporations or employers, conduct on behalf of 55 109. Liability of officers for offence by body corporate 56 110. Liability of employers 57 Division 3 — Prosecutions 111. When a prosecution can be commenced 58 112. Consent required for certain prosecutions 58 113. Evidentiary provisions 59 114. Copies etc. of documents, evidentiary status of 61 Division 4 — Penalties 115. General penalties 61 116. Continuing offences, penalties for 62 Division 5 — Seized things and forfeiture 117. Storage of seized things 63 118. Storage expenses payable by convicted person 63 119. Forfeiture on conviction 63 120. Unclaimed seized things, CEO's powers to deal with 64 Part 8 — Miscellaneous 121. Protection from liability for wrongdoing 65 123. Certain information not to be disclosed etc. 65 124A. Alleged offences of smoking near children, police to give CEO information about 66 124. Regulations, general powers to make 67 125. Regulations about smoking in public places 68 127. Review of Act 69 Part 9 — Transitional provisions for Tobacco Products Control Amendment Act 2018 128. Restricted investigators 70 129. Application of s. 119(1) to certain convictions 70 Glossary 1. Terms used 71 Notes Compilation table 77 Other notes 78 Defined terms Western Australia Tobacco Products Control Act 2006 An Act to — * prohibit the supply of tobacco products and smoking implements to young persons; * regulate the sale and promotion of tobacco products; * prohibit the sale of products that resemble tobacco products; * reduce the exposure of people to tobacco smoke from tobacco products that are smoked by other people, and to repeal the Tobacco Control Act 1990 1 and make consequential amendments to the Constitution Acts Amendment Act 1899 2 and Health Act 1911 2 and for related purposes.