Liable from May
0,000 for first offence
on inlet of or doorway to ny indoor public place or door workplace. Anywhere on the premises f and within five metres om the outside boundary of ny health care, educational r child care facilities; any aiting area or queue includg a bus stop or bus park; ny stadium, arena, or other nd of sport or performance pace, any designated site of storic or national signifiance; any space for the serce or consumption of food r drink or any other outdoor ace prescribed by regulaons all are prohibited.
Additionally, clause 17 (3) pecifies that any person sponsible for any vehicle sed for public transport or ny workplace or public ace where smoking is probited can become liable on ummary conviction to a fine f $200,000 and imprisonent for six months if they ermit any person to smoke ere. They are also liable if they il to prominently post and aintain signs in the manner nd form prescribed by the gulations, remove all ashays from any area where moking is prohibited; superse observance of the smokg ban; take reasonable steps discourage or stop any peron from smoking where it is rohibited, including denying rvice or transport to any erson who refuses to stop moking.
This offence is not limited nly to tobacco sticks but xtends to electronic nicotine elivery systems and any her product that “produces n emission that could be onfused with tobacco smoke r that simulates smoking.”
Advertising
Part VI which extends for ree very detailed clauses rohibits all tobacco advertisg, promotion and sponsorship. This prohibition includes any tobacco advertising, promotion, and sponsorship that promote or are likely to promote a business in the tobacco industry, directly or indirectly.
Under this section a natural person (individual) is liable on summary conviction to a fine of $200,000 and imprisonment for three months while a body corporate (company) can be fined $9 million.
Additionally any recipient of a prohibited sponsorship contribution or intermediary that facilitates any such contribution, forfeits the sum received as contribution.
The Act provides for six categories of exceptions under this section, they include a price list made available by request, depictions of tobacco products or tobacco use in media where the depiction is purely incidental or is justified by reasons of historical accuracy or legitimate journalistic, artistic or academic expression; political, social or scientific commentary about tobacco products or tobacco use.
Also included are the presentation of information that is necessary for required corporate reporting; product information made accessible to persons within the tobacco industry who need the information for trading decisions, and a tobacco manufacturer’s newsletter destined, exclusively for the manufacturer’s employees, contractors, suppliers and business partners.
The sections further requires, ‘for purposes of compliance” that manufacturers, wholesale distributors and importers shall provide to the minister a report on any tobacco advertising, promotion and sponsorship effected during a reporting period.
Those who refuse commit an offence and are liable on summary conviction to a fine of two million dollars and imprisonment for six months.
In Part IV of the Act which addresses administration, inspections and enforcement, persons become liable upon summary conviction to a fine of $400,000 and imprisonment for six months.
The specific offences under this section include being responsible for a place or vehicle and failing to provide reasonable assistance to an authorized officer who has entered this space for the purposes of enforcing the act.
Other offences include denying, obstructing or hindering an authorized officer from duties under the Act; Knowingly making any false or misleading statement, verbally, or in writing or refusing to provide requested information to an authorized officer and removing, altering or interfering in any way with any article ordered to be stored under the Act without the authority of the authorized officer.