Statutes Amendment (Tobacco and E-Cigarette Products—Closure Orders and Offences) Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. New clause, page 7, after line 11—Insert:

9A—Amendment of section 69CA—Interpretation

(1) Section 69CA, definition of closure order—after paragraph (a) insert:

(ab) a short term closure order; or

(2) Section 69CA—after the definition of prescribed product insert:

short term closure order—see section 69CBA.

No. 2. New clause, page 7, after line 11—Insert:

9B—Amendment of section 69CB—Interim closure order

Section 69CB(4)—delete subsection (4) and substitute:

(4) The interim closure order has effect from the time specified in the order until 72 hours after the time specified in the order (but nothing prevents the making of a subsequent interim closure order in respect of the same premises).

No. 3. New clause, page 7, after line 11—Insert:

9C—Amendment of section 69CB—Interim closure order

Section 69CB—after subsection (5) insert:

(6) For the purposes of this section, the Minister is not required to act in accordance with the principles of procedural fairness.

9D—Insertion of section 69CBA

After section 69CB insert:

69CBA—Short term closure order

(1) The Minister may, by notice in writing, order that specified premises be closed (a short term closure order) if the Minister reasonably suspects that—

(a) prescribed products are being, or are likely to be, sold or supplied at the premises as part of a business being carried on at the premises; or

(b) tobacco products or e-cigarette products are being, or are likely to be, unlawfully sold or supplied at the premises as part of a business being carried on at the premises.

(2) A short term closure order has effect for a period of 28 days from the day specified in the order (but nothing prevents the making of a subsequent short term closure order in respect of the same premises).

(3) The Minister may, by notice in writing, vary or revoke a short term closure order.

(4) A notice under this section must be—

(a) given to the person apparently in charge of the premises; or

(b) given to the owner of the premises; or

(c) posted in a conspicuous place—

(i) in the case of premises other than mobile premises—at the entrance to the premises; or

(ii) in the case of mobile premises—

(A) on the mobile premises; or

(B) at the entrance to premises that are connected to the business carried on from the mobile premises.

(5) A short term closure order may be made regardless of whether an interim closure order is, or has been, in effect in relation to the premises.

(6) For the purposes of this section, the Minister is not required to act in accordance with the principles of procedural fairness.

No. 4. Clause 10, page 7, after line 14—Insert:

(1a) Section 69CC(1)—delete '6 months' and substitute '12 months'

No. 5. Clause 10, page 7, after line 16—Insert:

(2a) Section 69CC(2)—after 'interim closure order' insert:

or a short term closure order

(2b) Section 69CC(2)—delete 'under section 69CB'

No. 6. New clause, page 7, after line 24—Insert:

10A—Amendment of section 69CD—Tobacco of e-cigarette products not to be sold or supplied at closed premises

(1) Section 69CD, heading—delete 'Tobacco or e-cigarette products not to be sold or supplied at' and substitute:

Offences relating to

(2) Section 69CD—after its present contents (now to be designated as subsection (1)) insert:

(2) Subject to subsection (3), a person who is present on premises in relation to which a closure order is in effect is guilty of an offence.

Maximum penalty:

(a) in the case of a body corporate—$500,000;

(b) in the case of an individual—$250,000.

Expiation fee:

(a) in the case of a body corporate—$10,000;

(b) in the case of an individual—$2,500.

(3) The Minister may, by notice in writing (an exemption notice), exempt a person from the operation of subsection (2) in relation to specified premises on terms and conditions specified in the notice.

(4) An exemption notice must—

(a) be given to the person to whom the exemption applies; and

(b) specify the closed premises in relation to which the exemption applies; and

(c) set out the details of the condition of the exemption specified in subsection (5).

(5) It is a condition of an exemption under subsection (3) that the person to whom the exemption applies must not carry on a business, or cause or permit another to carry on a business, on the closed premises specified in the exemption notice.

Consideration in committee.

The Hon. C.J. PICTON: I move:

That all six amendments be agreed to.

Motion carried.