Tobacco Control Legislation in WA
Tobacco Products Control Amendment Act 2009
The Tobacco Products Control Amendment Act 2009 (PDF 39KB) (the Amendment Act) was assented to on 22 September 2009, with all new restrictions commencing on 22 September 2010.
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The new legislation will tighten restrictions on tobacco use to protect children and adults from the harmful consequences of passive smoking and the promotion of tobacco.
The new Act will prohibit:
- the display of tobacco products, packages and smoking implements at point of sale;
- smoking “between the flags” at a patrolled swimming area on a beach;
- smoking in outdoor eating areas;
- smoking within 10 metres of playground equipment in a public place; and
- smoking in or on vehicles if someone under 17 years old is in or on the vehicle.
The Tobacco Products Control Act 2006
Objectives of the Legislation
A range of strategies makes up a comprehensive tobacco control program of which one component is legislation. The role that the new Western Australian Tobacco Products Control Act 2006 [PDF] (the Act) takes is described in the Purposes of the Act (Section 3):
| (a) | to reduce the incidence of illness and death related to the use of tobacco products:
|
| (b) | to promote good health and activities which encourage healthy lifestyles. |
What Provisions are in the Act?
The Act contains provisions about:
- The sale and supply of tobacco products (including vending machines)
- Tobacco advertising and promotion
- Licensing sellers of tobacco products
- The Western Australian Health Promotion Foundation (Healthway)
- Investigations
- Enforcement
- Smoking in enclosed public places
Penalties
The penalties for offences under the Act are:
| Maximum Fine | An Individual |
A Body Corporate |
1st offence: |
$10,000 |
$40,000 |
2nd or subsequent offence: |
$20,000 |
$80,000 |
The Penalty for all offences under the regulations is a maximum fine of $2,000.
Where can I get copies of the legislation?
Official versions of the Act and the Regulations can be obtained from State Law Publisher, Ground Floor, 10 William Street, Perth or online at www.slp.wa.gov.au.
Disclaimer
"This information has been produced as a guide only. It is not intended to be comprehensive and does not take the place of the Tobacco Products Control Act 2006 or the Tobacco Products Control Regulations 2006. Similarly, it is not intended to be, nor should it be relied upon as a substitute for legal advice. The State of Western Australia expressly disclaim liability for any act or omission done in reliance of this information or for any consequences, whether direct or indirect, of any such act or omission."
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