Title: Tobacco Products Regulation (Miscellaneous) AmendmentAct 2007
Author: Office of Parliamentary Counsel
Category: numbered
Document comments: 58

No 58 of 2007 assented to 29.11.2007

Tobacco Products Regulation (Miscellaneous) Amendment Act 2007—No 58 of 2007

No 58 of 2007—Tobacco Products Regulation (Miscellaneous) Amendment Act 2007

Tobacco Products Regulation (Miscellaneous) Amendment Act 2007—No 58 of 2007
Part 1—Preliminary

No 58 of 2007—Tobacco Products Regulation (Miscellaneous) Amendment Act 2007
Preliminary—Part 1

Tobacco Products Regulation (Miscellaneous) Amendment Act 2007—No 58 of 2007
Part 2—Amendment of Tobacco Products Regulation Act 1997

No 58 of 2007—Tobacco Products Regulation (Miscellaneous) Amendment Act 2007
Amendment of Tobacco Products Regulation Act 1997—Part 2

South Australia
Tobacco Products Regulation (Miscellaneous) Amendment Act 2007
An Act to amend the Tobacco Products Regulation Act 1997.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Tobacco Products Regulation Act 1997
4	Amendment of section 30—Sale of tobacco products by retail
5	Repeal of section 34
6	Substitution of section 37—Sale of tobacco products by vending machine
37	Sale of tobacco products by vending machine
7	Amendment of section 42—Competitions and reward schemes, etc

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Tobacco Products Regulation (Miscellaneous) Amendment Act 2007.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Tobacco Products Regulation Act 1997
4—Amendment of section 30—Sale of tobacco products by retail
Section 30—after subsection (4) insert:
	(5)	A person must not sell a tobacco product by retail if the order for the tobacco product was placed by mail, telephone, facsimile transmission or internet or other electronic communication.
5—Repeal of section 34
Section 34—delete the section
6—Substitution of section 37—Sale of tobacco products by vending machine
Section 37—delete the section and substitute:
37—Sale of tobacco products by vending machine
	(1)	A person must not sell cigarettes or any other tobacco product by means of a vending machine unless—
	(a)	the vending machine is situated—
	(i)	in an area delineated under a gaming machine licence under the Gaming Machines Act 1992 as the area in which gaming machines may be operated pursuant to the licence and no other such vending machine is situated in the gaming area or any other part of the premises in respect of which the licence is in force under the Liquor Licensing Act 1997; or
	(ii)	in some other part of premises in respect of which a licence is in force under the Liquor Licensing Act 1997 and no other such vending machine is situated in the premises in respect of which the licence is in force; or
	(iii)	in a part of the casino in which the public are permitted to engage in gambling activities under the Casino Act 1997 and no other such vending machine is situated in the casino; and
	(b)	subject to subsection (2), the machine is only able to be operated by—
	(i)	in the case of premises in respect of which a licence is in force under the Liquor Licensing Act 1997—the holder of the licence or an employee of the holder of the licence; or
	(ii)	in the case of the casino—an employee of the casino; or
	(iii)	in any case—
	(A)	by the use of a token or similar device supplied to the person by a person referred to in subparagraph (i) or (ii); or
	(B)	by remote control operated by a person referred to in subparagraph (i) or (ii).
Maximum penalty: $5 000.
Expiation fee: $315.
	(2)	The requirements of subsection (1)(b) apply—
	(a)	in relation to a vending machine in use on the day subsection (1) commences—as of 1 June 2010; or
	(b)	in any other case—as of 1 June 2008.
7—Amendment of section 42—Competitions and reward schemes, etc
	(1)	Section 42(1)(a)—after subparagraph (ii) insert:
	(iii)	a number of points, or a similar device, by the accumulation of which a person may become entitled to, or qualify for, a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or
	(2)	Section 42(2)—delete subsection (2) and substitute:
	(2)	It is a defence to a charge of an offence against subsection (1)(a) to prove that it was not practicable for the person to identify the particular item or items purchased that gave rise to the supply of the benefit or thing.