Smoke-free Environments (Controls and Enforcement) Amendment Act 2011

15  Offences in respect of smoking products

• (1) The heading to section 36 is amended by omitting “smoking products” and substituting “tobacco products and herbal smoking products”.

  (2) Section 36 is amended by repealing subsection (1A) and substituting the following subsection:

  • “(1A) A person who, without reasonable excuse, allows a tobacco product, tobacco package, or tobacco carton to be visible in contravention of section 23A(1) or (2) commits an offence and is liable to a fine not exceeding $10,000.”

  (3) Section 36(3) is amended by omitting “section 25, organises or promotes any organised activity, or makes any financial contribution towards any organised activity, or makes any financial contribution to any other person in respect of the organisation or promotion, by that other person, of, or the participation, by that other person, in, any organised activity,” and substituting “section 25(1), sponsors (within the meaning of section 25(2)) an organised activity”.

  (4) Section 36 is amended by inserting the following subsection after subsection (3):

  • “(3A) Every manufacturer, importer, distributor, or retailer of tobacco products who, in contravention of section 25A(1), sponsors (within the meaning of section 25(2)) any organised activity, commits an offence and is liable,—

    • “(a) in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $50,000; or

    • “(b) in any other case, to a fine not exceeding $10,000.”

  (5) Section 36 is amended by inserting the following subsections after subsection (5):

  • “(5AA) Every person who offers a tobacco product for sale (by retail or wholesale) and who fails, without reasonable excuse, to display any point-of-sale health information or warnings sign or signs required by section 29AA commits an offence and is liable to a fine not exceeding $2,000.

  • “(5AAB) Every person who offers a tobacco product for Internet sale (by retail or wholesale) and who fails, without reasonable excuse, to make visible in accordance with section 29AAB the health information or warnings required by section 29AAB commits an offence and is liable to a fine not exceeding $2,000.”

  (6) Section 36 is amended by repealing subsections (6) and (7) and substituting the following subsections:

  • “(6) Every person who sells a tobacco product, or who having sold it delivers it or arranges for it to be delivered, in contravention of section 30(1) commits an offence and is liable,—

    • “(a) in the case of a person who is a body corporate, to a fine not exceeding $10,000; and

    • “(b) in the case of a person who is not a body corporate, to a fine not exceeding $5,000.

  • “(6A) Every person who sells a herbal smoking product, or who having sold it delivers it or arranges for it to be delivered, in contravention of section 30(1) commits an offence and is liable to a fine not exceeding $2,000.

  • “(6B) Every person who supplies a tobacco product or herbal smoking product in a public place in contravention of section 30AA(1) commits an offence and is liable to a fine not exceeding $2,000.

  • “(7) Every person who offers a tobacco product or herbal smoking product for sale by retail and who fails, without reasonable excuse, to display in accordance with section 30(6) the point-of-sale purchase age information sign or signs required by section 30(6) commits an offence and is liable to a fine not exceeding $2,000.

  • “(7AAA) Every person who offers a tobacco product or herbal smoking product for Internet sale (by retail or wholesale) and who fails, without reasonable excuse, to make visible in accordance with section 30(6A) the purchase age information or warnings required by section 30(6A) commits an offence and is liable to a fine not exceeding $2,000.”