Tobacco Control (Amendment) Act 2014
Act 17 of 2014
C
T
TOBACCO CONTROL (AMENDMENT)
ACT 2014
Tobacco Control (Amendment) Act 2014 Arrangement of Sections
to
Act 17 of 2014 Page 3
C
T
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7 Section 11(2) repealed ........................................................................................... 5
8 Section 12 repealed ................................................................................................ 6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
Page 4 Act 17 of 2014
to
C
T
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
to
Act 17 of 2014 Page 5
“(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.
Section 8 Tobacco Control (Amendment) Act 2014
Page 6 Act 17 of 2014
to
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
Tobacco Control (Amendment) Act 2014 Section 8
to
Act 17 of 2014 Page 7
(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
Section 11 Tobacco Control (Amendment) Act 2014
Page 8 Act 17 of 2014
to
(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
to
Act 17 of 2014 Page 9
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
Section 12 Tobacco Control (Amendment) Act 2014
Page 10 Act 17 of 2014
to
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.
