Tobacco Control Legislation in WA
Tighter restrictions on ‘tobacco use’ coming into effect on 22 September 2010. One of these restrictions is a ban on smoking in all outdoor eating areas such as restaurants and cafes
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.
The amendments introduce the following tighter restrictions on tobacco use, with the aim of protecting children and adults from the harmful consequences of passive smoking and the promotion of tobacco products:
- Ban on tobacco product displays in retail premises, but allows the continuation of the existing conditional exemption for “specialist” (80%) tobacco retailers
- Ban on smoking in all outdoor eating areas (areas provided on a commercial basis where people eat or drink sitting at tables) for example restaurants, cafes and similar areas of licensed premises, with up to 50% of outdoor areas of licensed premises able to access an exemption, provided the area is not already an “enclosed public place” or is the subject of a restaurant licence. Staff are not to be forced to provide service in such exempt areas and cannot be dismissed for refusing to do so
- Ban on smoking in cars with children under 17 years present
- Ban on smoking within 10 metres of children’s playground equipment
- Ban on smoking between the flags of patrolled beaches
New Regulations to support the Amendment Act
The Department of Health (DOH) has reviewed the current Tobacco Products Control Regulations 2006 (the Regulations) and has identified a number of issues arising from the implementation of the Amendment Act in September 2010. To facilitate consultation with key industry stakeholders, the DOH has developed two Position Papers, highlighting the issues that have been identified as requiring feedback to assist in the updating of the Regulations. Position Paper A deals with matters relating to tobacco displays and Position Paper B deals with matters about smoking restrictions.
Tobacco Products Control Amendment Act 2009
Please note that consultation is limited to key industry stakeholders that are directly affected by the Amendment Act. The DOH Position Papers were distributed to key stakeholders on 7 May 2010, and stakeholders will be required to provide comments and responses by Monday, 31 May 2010.
Position Paper A
Position Paper B
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.”