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Tobacco Control (Amendment) Act 2014


Act 17 of 2014





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TOBACCO CONTROL (AMENDMENT)

ACT 2014


Tobacco Control (Amendment) Act 2014 Arrangement of Sections





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TOBACCO CONTROL (AMENDMENT) ACT 2014

Arrangement of Sections

Section

1 Short Title .............................................................................................................. 4
2 Section 2 amended ................................................................................................. 4
3 Section 3 amended ................................................................................................. 4
4 Section 6(3) amended ............................................................................................ 5
5 Section 9A(1) amended ......................................................................................... 5
6 Section 11(1) amended .......................................................................................... 5
7 Section 11(2) repealed ........................................................................................... 5
8 Section 12 repealed ................................................................................................ 6
9 Section 13 amended ............................................................................................... 6
10 New section 17A inserted ...................................................................................... 6
11 Section 21 amended ............................................................................................... 8
12 New Schedule inserted ........................................................................................... 8




Section 1 Tobacco Control (Amendment) Act 2014





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TOBACCO CONTROL (AMENDMENT) ACT 2014

Act 17 of 2014

AN ACT TO AMEND THE TOBACCO CONTROL ACT 2000

I assent,

TUPOU VI,

18th February 2016.

BE IT ENACTED by the King and Legislative Assembly of Tonga in the

Legislature of the Kingdom as follows:

1 Short Title

(1) This Act may be cited as the Tobacco Control (Amendment) Act 2014.

(2) The Tobacco Control Act 2000, as amended, is in this Act referred to as the

Principle Act.

2 Section 2 amended

Section 2 of the Principal Act is amended -

(a) by deleting the phrase “smoke-free zone” and its definition; and

(b) in the definition of “workplace” by deleting the words “; but does not include

any place of residence occupied by the employer or any employee”.

3 Section 3 amended

Section 3 of the Principal Act is amended -

(a) in subsection (2) by deleting paragraph (d) and replacing it with the following:

Tobacco Control (Amendment) Act 2014 Section 4





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“(d) the notice referred to in paragraph (c) shall not be displayed so as to be

visible from outside the retailer’s place of business.”; and

(b) by inserting the following new subsection (3):

“(3) Subsection (1)(a) applies to the display of tobacco products inside a

retailer’s place of business.”.

4 Section 6(3) amended

Section 6(3) of the Principal Act is amended by deleting the-

(a) word “may” and replacing it with the word “shall”;

(b) word “or other messages” and replacing it with “and other messages”; and

(c) words “, or include,”.

5 Section 9A(1) amended

Section 9A(1) of the Principal Act is amended by deleting the words “displayed for

sale” and replacing it with the words “available for sale”.

6 Section 11(1) amended

Section 11(1) of the Principal Act is amended -

(a) in paragraph (c), by deleting the words “during school hours”;

(b) in paragraph (d), by deleting the words “except in designated smoking sections

on an aircraft during an international flight or on a ship”;

(c) by deleting the word “or” at the end of paragraph (h);

(d) by deleting paragraph (i) and inserting the following new paragraphs:

“(i) licensed premises;

(j) restaurant;

(k) church facilities;

(l) meeting place, whether the meeting is work related, communal or

social;

(m) place where kava is being served; or

(n) shop or other place where trading is conducted,”.


7 Section 11(2) repealed

Section 11(2) of the Principal Act is hereby repealed.

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8 Section 12 repealed

Section 12 of the Principal Act is hereby repealed.

9 Section 13 amended

Section 13 of the Principal Act is amended by deleting the words “a smoke free zone

places in which as a smoke free zone or smoking is prohibited a smoke free zone place

or places in which is prohibited either permanently or for any period he thinks fit” and

replacing it with “smoke free places in which smoking is prohibited either

permanently or for any period he thinks fit”.

10 New section 17A inserted

The Principal Act is amended by inserting after section 17 the following new

section17A:

“17A Infringement Notices

(1) If an authorised officer considers that any person has committed

an offence against any of the provisions specified in subsection (7)

he may issue to the person a Notice of Infringement in the form

set out in Form 1 of the Schedule.

(2) A person issued with such a notice may –

(a) pay the fine set out in the notice, applicable to the offence

alleged, to a Magistrate Court; or

(b) contest the notice.

(3) Where a person wishes to contest the notice a summons will be

issued for an offence against the relevant provision of this Act.

(4) The authorised officer who issued a Notice of Infringement under

subsection (1) shall lodge the duplicate notice within 48 hours with

the Clerk of the Magistrate’s Court for the district.

(5) The Clerk of the Magistrates Court shall –

(a) where the fine is tendered by the person, receive the

payment, issue a receipt and file the notice; or

(b) where no payment is tendered within 21 days of the date of

issue of the notice, issue a summons to the person for the

offence alleged.

(6) The summons shall be heard and determined by a Magistrate.

(7) The offences to which this section applies, and the fixed penalties

attaching thereto are –






Section Offence Fixed

Penalty

5(1) Sponsorship $3,000

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(8) The offences and their penalties listed in subsection (7) shall apply

notwithstanding anything in the relevant section or the specific

penalty set out therein.

8B Failure to comply with annual testing for

additives or constituents
$2,000

8C Failure to submit annual report and returns
$2,000

9(1) Sells or supplies tobacco products to persons

under 18 years

Purchase tobacco products for the use of

persons under 18 years

Allows a person under 18 years to purchase

tobacco product from a vending machine

$200

9(3) Failure by retailer to display notice that sale

of tobacco product to person under 18 years is

prohibited

$200

9A Failure to display “Smoking Kills” sign
$200

9B Manufacture or sale of product designed for

or likely to appeal to young persons under 18

years evoking or likely to evoke an

association with a tobacco product or brand

$2,000

9C(1) Sale of loose cigarettes or loose tobacco
$200

9C(2) Sale, import or distribute cigarettes in a

package containing fewer than 20 cigarettes

or tobacco in package containing less than 30

grams

$200

10 Placing or permits to be placed, a vending

machine in a place where persons under 18

years are allowed to access

$200

10B Sale or distribution of tobacco product in a

prohibited place
$200

10C Selling tobacco product at a discount
$200

11(1) Smoking in public or prohibited places
$100

11(5) Failure by person in charge to ensure no

smoking takes place or no smoking sign is

displayed

$200

19 Failure to provide information requisitioned

by an authorised officer
$200

22 Failure to comply with any directions given

by an authorised officer
$200

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(9) If an incident is disposed of under this section by the payment of

the sum specified in a Notice of Infringement then it shall be

deemed to be an administrative penalty with no offence

committed.”.

11 Section 21 amended

Section 21 of the Principal Act is amended by inserting the following new subsection

(3):

“(3) Any person who obstructs an authorised officer in the exercise of his

powers under this Act commits an offence.”.

12 New Schedule inserted

The Principal Act is amended by inserting at the end the following new Schedule:



“SCHEDULE

Form 1

NOTICE OF INFRINGEMENT

(Section 17A)



Date : ……………………………………………………………………

To : …………………………………………………………................

of…………………………………………………………………................

(address)



An authorised officer alleges that you have committed an offence under the

Tobacco Control Act 2000.



If you choose to have this offence dealt with by way of payment of Infringement

Notice in accordance with section 17A you may pay the following fixed fine for this

offence –



Section :

Offence:

Fixed Infringement Notice Fine:



To dispose of this matter in this way, you may sign the declaration below and take

this notice together with the sum of $....................... to pay the fine only to the Clerk

of the Magistrate’s Court at …………………………………………. District within

21 days of today’s date.



Tobacco Control (Amendment) Act 2014 Section 12





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OR



If you wish to contest this offence a summons will be issued to you after 21 days

and you will be required to attend a court and appear before a Magistrate and if

convicted the penalty will be decided by the Magistrate in accordance with the

Tobacco Control Act 2000 which may be more than specified on this Infringement

Notice.



DECLARATION:



I, (insert name)

………………………………………………………………………………………

…………….. understand that under clause 10 of the Constitution of Tonga I have

a right to have this matter dealt with by a court. However, instead of appearing in

court, I wish to pay the fine as set out in this notice. I tender this Declaration and

the fine of $.............................. set by this Notice of Infringement.



Signed………………………… Dated …………………………………



(see overleaf for list of offences and penalties)



TOBACCO CONTROL ACT 2000

FORM 1 - INFRINGEMENT NOTICE

REVERSE SIDE

Section Offence Fixed Penalty

5(1) Sponsorship 3000

8B Failure to comply with annual testing for

additives or constituents

2000

8C Failure to submit annual report and returns 2000

9(1) (a) Sells or supplies tobacco products to persons
under 18 years

(b)Purchase tobacco products for the use of

persons under 18 years

(c)Allows a person under 18 years to purchase

tobacco product from a vending machine

200

9(3) Failure by retailer to display notice that sale

of tobacco product to person under 18 years

is prohibited

200

9A Failure to display “Smoking Kills” sign 200

9B Manufacture or sale of product designed for

or likely to appeal to young persons under

18 years evoking or likely to evoke an

association with a tobacco product or brand

2000

9C(1) Sale of loose cigarettes or loose tobacco 200

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9C(2) Sale, import or distribute cigarettes in a

package containing fewer than 20 cigarettes

or tobacco in package containing less than

30 grams

200

10 Placing or permits to be placed, a vending

machine in a place where persons under 18

years are allowed to access

200

10B Sale or distribution of tobacco product in a

prohibited place

200

10C Selling tobacco product at a discount 200

11(1) Smoking in public or prohibited places 100

11(5) Failure by person in charge to ensure no

smoking takes place or no smoking sign is

displayed

200

19 Failure to provide information requisitioned

by an authorised officer

200

22 Failure to comply with any directions given

by an authorised officer

200







Passed by the Legislative Assembly this 28th day of July 2014.