Legislative Council—No 58A As reported with an amendment, report adopted, Standing Orders suspended and passed remaining stages, 30 November 2022

LC GP 379-C: Hon Connie Bonaros MLC 1

South Australia

Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Bill 2022

A BILL FOR An Act to amend the Tobacco and E-Cigarette Products Act 1997.

Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Bill 2022 Contents

2 LC GP 379-C: Hon Connie Bonaros MLC

Contents Part 1—Preliminary 1 Short title

Part 2—Amendment of Tobacco and E-Cigarette Products Act 1997 2 Amendment of section 4—Interpretation 3 Amendment of section 30—Restrictions on retail sale of tobacco products and e-cigarette

products 4 Substitution of sections 31 and 32

31 Prohibition on packing and sale of tobacco product without health warning 32 Prohibition on sale or supply of certain tobacco products 33 Possession of certain tobacco products

The Parliament of South Australia enacts as follows:

Part 1—Preliminary 1—Short title

This Act may be cited as the Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Act 2022. 5

Part 2—Amendment of Tobacco and E-Cigarette Products Act 1997

2—Amendment of section 4—Interpretation (1) Section 4(1), definition of health warning—delete the definition and substitute:

health warning means a health warning that meets the requirements of 10 Parts 2 and 9 of the Competition and Consumer (Tobacco) Information Standard 2011 made under the Competition and Consumer Act 2010 of the Commonwealth to the extent that those requirements relate to labelling, marking, display, position, prominence and rotation.

(2) Section 4(2)—delete subsection (2) 15

3—Amendment of section 30—Restrictions on retail sale of tobacco products and e-cigarette products

(1) Section 30(1)(b) and (c)—delete paragraphs (b) and (c) and substitute:

(b) a person must not sell a tobacco product unless it is enclosed in a package that complies with the requirements for the retail packaging 20 and appearance of tobacco products under the Tobacco Plain Packaging Act 2011 of the Commonwealth;

(ba) a person must not sell a tobacco product that is enclosed in a package unless the package is marked with a health warning;

Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Bill 2022

Amendment of Tobacco and E-Cigarette Products Act 1997—Part 2

LC GP 379-C: Hon Connie Bonaros MLC 3

(c) a person must not sell a tobacco product that is enclosed in 2 or more packages unless each package is marked with a health warning;

(2) Section 30(1), penalty provision—delete the penalty provision and substitute: Maximum penalty: $50 000.

(3) Section 30(1), expiation fee—delete the expiation fee and substitute: 5 Expiation fee: $1 250.

4—Substitution of sections 31 and 32 Section 31 and 32—delete the sections and substitute:

31—Prohibition on packing and sale of tobacco product without health warning 10

(1) A person must not pack a tobacco product into a package into which the product is to be sold unless the package is marked with a health warning. Maximum penalty: $50 000. Expiation fee: $1 250. 15

(2) A person must not sell a tobacco product unless the package in which the product is sold is marked with a health warning. Maximum penalty: $50 000. Expiation fee: $1 250.

(3) This section does not apply to the packaging or sale of single cigars. 20

32—Prohibition on sale or supply of certain tobacco products A person must not sell or supply tobacco products that the person knows or ought reasonably to know—

(a) are prohibited goods as defined in the Customs Act 1901 of the Commonwealth; or 25

(b) are excisable goods as defined in the Excise Act 1901 of the Commonwealth on which excise duty has not been paid; or

(c) do not comply with the requirements of the Tobacco Plain Packaging Act 2011 of the Commonwealth.

Maximum penalty: $50 000. 30

33—Possession of certain tobacco products (1) A person must not, without lawful excuse, have possession of

prescribed tobacco products for the purpose of sale. Maximum penalty: $50 000.

(2) In this section— 35

prescribed tobacco product means tobacco products that—

(a) are prohibited goods within the meaning of the Customs Act 1901 of the Commonwealth; or

Tobacco and E-Cigarette Products (Tobacco Product Prohibitions) Amendment Bill 2022 Part 2—Amendment of Tobacco and E-Cigarette Products Act 1997

4 LC GP 379-C: Hon Connie Bonaros MLC

(b) do not comply with the requirements of the Tobacco Plain Packaging Act 2011 of the Commonwealth.