Public Health (Exemption) Order (No. 2) 2000
I make the following order under section 187 of the Public Health Act 1997 .
27 October 2000M. JACOBS
Director of Public Health
This order may be cited as the Public Health (Exemption) Order (No. 2) 2000 .
This order takes effect on the day on which its making is notified in the Gazette.
(1) In this order –Act means the Public Health Act 1997 ;tobacco image means an image of a product line of a tobacco product with an area no larger than 6cm by 3cm that is a tobacco advertisement;tobacco notice means a notice containing only, in black text no larger than 4cm high on a white background, the words –(a) tobacco products sold here; or(b) cigarette cartons sold here; or(c) cigarettes sold here; or(d) tobacco products that are not displayed sold here.(2) Any word or phrase defined in the Act and referred to in this order has the same meaning as defined in the Act.
4. Exemptions from sections 70, 71 and 72A(3)(g)
(1) A person is exempt from sections 70 and 71 of the Act in relation to one tobacco notice that is displayed on or near a sales unit.(2) A person is exempt from sections 70 and 71 of the Act in relation to one tobacco product vending machine in each premises.(3) Subclause (2) does not apply to a tobacco product vending machine that –(a) is located in premises that display any tobacco product; or(b) displays –(i) more than one tobacco image of any product line of a tobacco product; or(ii) a price ticket or price board except in accordance with the guidelines; or(iii) more than 40 tobacco images; or(c) contains –(i) a device that causes movement, visible to the public, on any part of the tobacco product vending machine or tobacco product; or(ii) a mirror or other reflective device, interior lighting or exterior lighting attached to the tobacco product vending machine; or(iii) external spotlighting; or(d) is positioned so that the display of tobacco images faces towards a window or a public entrance unless –(i) the direction faced is perpendicular to the plane of the window or the public entrance; or(ii) the window or public entrance is at least 2 metres from the display; or(e) uses any of the following to enhance the display of tobacco images:(i) colour coding of the premises in colours that form part of the usual packaging of the tobacco product within 5 metres of the tobacco product;(ii) lines, borders and other visual design effects that make the display stand out;(iii) partial imaging or wording of the packaging of the tobacco product;(iv) empty packets, cartons, cigarette shippers and boxes of tobacco product;(v) any cabinet or display case that contains any trademark, colour or wording usually used in packaging of the tobacco product, except for a device that does not contain any design, colour, fabric or wording usually associated with the packaging of the tobacco product that is used to allow a tobacco product to be extracted.(4) A person is exempt from section 72A(3)(g) of the Act in relation to a sales unit situated in a kiosk –(a) that is a specialist tobacconist premises; and(b) that is located in an enclosed shopping area; and(c) into which the public is not able to enter; and(d) that is in existence as at 31 October 2000; and(e) that is approved by the Director of Public Health.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 1 November 2000
This order is administered in the Department of Health and Human Services.
EXPLANATORY NOTE
(This note is not part of the order)
This order exempts a person from complying with certain sections of the Act in relation to –(a) tobacco notices displayed on or near certain sales units; and(b) tobacco images displayed on certain tobacco product vending machines; and(c) tobacco products displayed in certain tobacco kiosks.