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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-05-18 Daily Xml
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Bills

Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Bill

Final Stages

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

No. 1. New clause, page 2, after line 5—Insert:

1A—Commencement

This Act comes into operation on a day to be fixed by proclamation.

No. 2. Clause 2, page 2, lines 9 to 14 [clause 2(1)]—Delete subclause (1) and substitute:

(1) Section 4(1), definition of health warning—delete the definition

(1a) Section 4(1)—after the definition of premises insert:

prescribed packaging requirements means—

(a) the requirements for the retail packaging and appearance of tobacco products in the Tobacco Plain Packaging Act 2011 of the Commonwealth; and

(b) the provisions of the Competition and Consumer (Tobacco) Information Standard made under the Competition and Consumer Act 2010 of the Commonwealth prescribed by the regulations for the purposes of this definition; and

(c) any other requirements prescribed by the regulations;

No. 3. Clause 3, page 2, line 18 to page 3, line 2 [clause 3(1)]—Delete subclause (1) and substitute:

(1) Section 30(1)(b) to (d) (inclusive)-delete paragraphs (b) to (d) (inclusive) and substitute:

(b) a person must not sell a tobacco product unless it is enclosed in a package that complies with the prescribed packaging requirements;

No. 4. Clause 3, page 3, after line 6—Insert:

(4) Section 30-after subsection (1) insert:

(1a) In subsection (1)(b), a reference to a tobacco product enclosed in a package includes a tobacco product that is enclosed in 2 or more packages.

No. 5. Clause 4, page 3, lines 9 to 20 [clause 4, inserted section 31]—Delete the section and substitute:

31—Requirements for packaging tobacco products

A person must not package tobacco products for retail sale in a manner that the person knows or ought reasonably to know does not comply with the prescribed packaging requirements.

Maximum penalty: $50,000.

No. 6. Clause 4, page 3, lines 28 to 29 [clause 4, inserted section 32(c)]—Delete paragraph (c)

No. 7. Clause 4, page 4, lines 1 and 2 [clause 4, inserted section 33(2), definition of prescribed tobacco product, (b)]—

Delete 'requirements of the Tobacco Plain Packaging Act 2011 of the Commonwealth' and substitute 'prescribed packaging requirements'

No. 8. Clause 4, page 4, after line 2—Insert:

(3) In proceedings for an offence against subsection (1), if it is proved that the defendant had possession of a prescribed quantity of prescribed tobacco products, it is presumed, in the absence of proof to the contrary, that the defendant had possession of the prescribed tobacco products for the purposes of sale.

Consideration in committee.

The Hon. C. BONAROS: I move:

That the House of Assembly's amendments be agreed to.

For the benefit of members, given that these have just been circulated, these are amendments that were the subject of negotiation with the government. Members will recall that when we introduced the bill we did indicate that there may need to be amendments. It was a skeleton; it was a concept. The government went away and consulted with the Crown and its department to make sure that what we ultimately agreed to in this place could actually be implemented and effective and so the purpose of these amendments as a package is to actually ensure that the bill does operate as we intended in the first place.

Motion carried.


At 18:02 the council adjourned until Tuesday 30 May 2023 at 14:15.

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