Page 1305 - Week 05 - Tuesday, 11 May 1993
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concern and the seriousness with which the Government views breaches of the provisions prohibiting under-age sales of tobacco products, plans are under way to establish a Monitoring Committee to develop a systematic approach to promoting compliance with the legislative requirements.
(4) The Tobacco (Amendment) Act 1990 makes no specific provision for enforcement
procedures in relation to illegal tobacco sales. Until December 1991, an officer of
ACT Health followed up complaints and queries and assisted proprietors in
achieving compliance with the Act. In late 1992, a Senior Officer was appointed in
the Alcohol and Drug Service of ACT Health to develop policy advice on tobacco
issues and to oversee implementation arrangements for new and proposed
legislation. This officer will be responsible for working with the Monitoring
Committee in developing and reviewing protocols for the implementation of tobacco
legislation. This review will involve collaboration between agencies including ACT
Health, Treasury, Attorney-Generals Department, and the Australian Federal Police
(ACT Region).
(5) Routine compliance checks of tobacco retailers are not undertaken, and such checks
have not, to the Governments knowledge, been undertaken as normal practice by
government agencies in other jurisdictions where similar legislative provisions
apply. A responsive rather than pro-active approach has been used in the ACT, as
elsewhere.
(6) There have been no prosecutions or convictions for the sale of tobacco products to
persons under 18 years of age in the ACT. In the past 12 months, prosecutions have
been mounted in two States, Western Australia and New South Wales. The fines
levied by the magistrates ranged from $10 to $250. The relative leniency afforded to
offenders by the Courts, together with the resource requirements of mounting
successful cases, has contributed to a reliance on public education and on the
provision of information and assistance to retailers.
(7) Yes; one
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