1. LEGISLATION
| WA | NSW | SA | VIC | TAS | NT | QLD | ACT | |
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| Responsible Authority | WA Health Department. | NSW Health Department. Police Department. Local Councils. | SA Department of Human Services. | Local Councils. | TAS Department of Health and Human Services. | Territory Health Services. | QLD Health. | ACT Department of Health & Community Care. |
| Sale | Offence to sell a tobacco product to a person under 18 years old. | Offence to sell a tobacco product to a person under 18 years old. | Offence to sell a tobacco product to a person under 18 years old. | Offence to sell a tobacco product to a person under the age of 18 years. | Offence to sell a tobacco product to under 18 year olds or to permit sale or supply to someone under 18 years. | Offence to sell a tobacco product to under 18 year olds or to someone who will supply to someone under 18 years. | Offence to sell tobacco product to a person under 18 years old. | Offence to sell a tobacco product to a person under 18 years old. |
| Retailer/ Employer response. | Retailer must take all responsible precautions to ensure that tobacco products are not old or supplied to a person under 18 years of age. | Retailers must not permit the sale of tobacco products to under 18 year olds. Employer responsibility to inform staff of relevant guidelines about sales to minors legislation. | Retailers must not permit the sale or supply of tobacco products to under 18 year olds. Employer responsibility to inform staff of relevant guidelines about sales to minors legislation. | Retailers must not permit sale or supply of tobacco products to under 18 year olds. | Retailers must not permit the sale or supply of tobacco products to under 18 year olds. Employer responsibility to inform staff of relevant sales to minors legislation. | Retailers must not permit sale or supply of tobacco products to under 18 year olds. | Retailers must not permit the sale or supply of tobacco products to under 18 year olds. Employer responsibility to inform staff of relevant guidelines about sales to minors legislation. | Retailers must not permit the sale or supply of tobacco products to under 18 year olds. |
| Proof of Age for purchasing cigarettes. | It is a defence for a person to prove that: a) He or she had honest and reasonable cause to believe that the person to whom the tobacco product concerned was sold or supplied was not under the age of 18 years; b) He or she had taken all precautions that were reasonably required to ensure that the tobacco product concerned was bot sold or supplied to a person under the age of 18 years. | It is a defence for a person to prove that credible proof of age was provided. Acceptable documents of identification defined in Act. | An authorised person can require a person suspected of being a minor to produce evidence of that person’s age. | It is a defence to a prosecution if: a) A person proves that he/she had reasonable cause to believe that the person purchasing was not under 18 years of age. b) Had taken all precautions that were reasonably required to ensure that the tobacco product was not sold to a person under 18 years of age. | It is a defence for a person to prove that credible proof of age was provided. Acceptable documents of identification are (a) a driver’s license; or (b) a passport; or (c) a class of documents specified in the guidelines for the purpose of the legislation. | (Currently being considered by Government) Not specified. | It is a defence for a person to prove that credible proof of age was provided. Acceptable documents of identification defined in Act. Offence to provide a false document of identification. | Defence to prosecution for sale to minor if a document of identification was shown. Create offence to provide a false document of identification. Acceptable documents of identification defined in Act. |
| Proof of Age if seen being supplied cigarettes by police /health officer etc. | Not specified. | Not specified. | Required by children under 18 years of age if requested by police or health officer. | Not specified. | Required by children under 18 years of age if requested by police or health officer. | Required by children under 18 years of age if requested by police or health officer. | Required by children under 18 years of age if requested by an authorised officer. | Not specified. |
| Cigarette Vending Machines | Offence for a person (or that person’s employee or agent) to permit persons under 18 years to obtain tobacco products from a vending machine located on their premises. A vending machine can only be located in licensed premises or a staff amenity area. | Offence for a person (or that person’s employee) to sell cigarettes to under 18 year olds from a vending machine. A vending machine can only be placed at licensed premises and in only those areas where access is limited to those over 18 years of age, and staff amenity areas. | Offence for a person (or that person’s employee) to sell cigarettes to under 18 year olds from a vending machine. A vending machine can only be placed at licensed premises. | Offence for a person (or that person’s employee) to sell cigarettes to under 18 year olds from a vending machine. A vending machine can only be placed at licensed premises; bingo centre where restriction are imposed for under 16 years of age; staff amenity rooms where 16 year olds are not permitted. | The following amendments to the Public Health Act 1997 will become effective as of 1 January 2001. Before 1 January 2001, self-service vending machines must be locked or secured so a person cannot obtain a tobacco product from the machine without retailer assistance. Self-service vending machines are prohibited after 1 January 2001. Vending machines are the responsibility of an adult. Prohibits any tobacco advertising other than approved wordings. | Offence for an occupier of premises in which a vending machine is installed to permit a child to obtain a tobacco product from the machine. | Offence for a person (or that person’s employee) to sell cigarettes to under 18 year olds from a vending machine. Offence to have a vending machine in premises that do not have a liquor license. | Offence for an occupier of premises to permit a minor to obtain tobacco products from a vending machine on those premises. Vending machines can only be located in licensed premises (and only in casino, gaming areas or designated ‘bar room’ of those premises). |
| Supply | Offence to supply tobacco products to under 18 year olds. | Not an offence | Offence to supply tobacco products to under 18 year olds or to someone who the supplier knows will supply to someone under 18 years. | Offence to supply tobacco products to under 18 year olds or to someone who will supply to someone under 18 years. | Offence to sell, lend or supply or offer to sell lend give or supply any tobacco product to, or for the use of any child. | Offence to supply or offer to supply tobacco products to under 18 year olds, or to someone who the supplier knows will supply to someone under 18 years Offence to purchase tobacco product for use by someone under 18 years. | Offence to supply tobacco products to under 18 year olds. | Offence to purchase tobacco products for use by a minor. |
| Offence for minor to purchase | N/O | N/O | N/O | N/O | N/O (Persons under age caught smoking may be required to provide information relating to the identity of any person who supplied a tobacco product to the child.) | N/O | N/O | N/O |
| Possession | N/O | N/O | N/O | N/O | N/O A nominated officer may seize tobacco products from a child. | N/O | N/O | N/O |
| Signage | Signage not required at point of sale. Signage required at vending machines. Wording, size and positioning of signage is prescribed by regulations. Signage requires the inclusion of prescribed health warning and statement that it is an offence to sell/supply tobacco products to any person under 18 years and penalties for sale/supply. | Point of sale notice re. Sale to under 18 year olds and fine. Notice must meet size requirements. Signage required at point of sale stating Smoking Kills and QUITLINE. Notice re sales to minors at vending machines. | Point of sale notice re. Sale to minors and fines. Notice re Sale to minors and fines to be placed at premises where vending machine is situated. | Notice re under 18 year olds at vending machines. Optional notice at point of sale. | Sale or supply to under 18 year olds and fine. Health warning, ‘SMOKING KILLS’ with Quitline No 131848. Both notices are required to be displayed in a conspicuous position. Same notices required at vending machines. Tobacco sellers License required to be displayed. | Point of sale notice re. Sale to under 18 year olds and fine. Point of sale notice re. Sale to under 18 year olds and fine required at vending machines. | Point of sale notice re. Sale to under 18 year olds and fine. Notice re under 18 year olds at vending machines. | Prescribed notice re sale to minors required on vending machines. Health warning notice to be required at point of sale. |
| Fines | Selling tobacco products to minors Individual: 1st offence—$5,000; subsequent offences—$10,000. Body corporate: 1st offence—$20,000; subsequent offence—$40,000. If continuing to offend, the offender is liable to a penalty of $5,000 (individual) and $20,000 (body corporate) in respect of each day that the offence occurs. Supply as per sale. | Selling tobacco products to minors—Max penalty $5,500. Not displaying notices—Max penalty—$2,200. $5,500 for 1st offence, $11,000 for 2nd and $5,500 per day for continuing offences in relation to vending machine sales to minors. Up to $22,000 per day for body corporate in relation to vending machine sales to minors. | Selling tobacco products to minors—Max penalty $5,000 and possible disqualification of tobacco license for 6 months. Not displaying signs indicating minimum age for purchasing tobacco products—$750.00. Vending machines must be situated on licensed premises—Max penalty $5000. Sales to minors from a vending machine—Max penalty $5000. | Selling tobacco product to a minor—Max penalty $5,000 Supplying cigarettes to a minor—Max penalty $5,000 Vending machine sales to minors offence—Max penalty $5,000. Offences relating to location of vending machines. Penalty $1,000. Offences relating to signage at vending machines, Penalty $200. | Retailer / Employer fines $500.00 for failing to inform employees of sales to minors legislation. $5,000 (1st offence) for selling, lending, giving, suppling tobacco products to minors. $10,000 (2nd offence) as per above. $2,500 non-compliance with access to vending machine requirements. $5,000 (1st Offence) for failing to display approved notices on vending machines. $20,000 (2nd and subsequent offence) ‘On the Spot’ $100 fines (Infringement Notices) for a) failing to display approved notices near tobacco display units. b) failing to provide relevant information to employees regarding sale to minors. For failing to ensure tobacco vending machines display approved notices. | Selling or supplying tobacco products to minors—Max penalty $10,000. Not displaying signs indicating minimum age for purchasing tobacco products or on vending machines maximum fine $5,000. False statement or refusal or fail to make statement on proof of age $200 NOTE : loss of licence currently being considered by Government | Retailer / Employer directly selling or supplying tobacco product to minor— 1st offence $975. 2nd offence—$1,950. Retailer / Employers fine for employee sells tobacco to a minor and the employee has not been informed of the legislation Penalty $1,950 Employee selling or supply tobacco product to a minor, 1st offence $75 2nd offence $150 Offences relating to placement of vending machines in non-liquor licensed premises. Fine: $975. Vending machine sales to minors. Max fine $1950. Retailer / Employer can be prohibited from selling tobacco for 2–12 months (by court order) if retailer is convicted of 2 selling offences within 2 years. (this is a negative licensing model) | 50 penalty units (or 250 for body corporate) for:
50 penalty units for purchasing tobacco for use by minor. 10 penalty units (50 for body corp) for not displaying notice on vending machine. Administrative sanctions— Where contravention of the Act, the licence to sell tobacco can be varied, suspended or cancelled; or person can be disqualified from holding a licence for up to 5 years. If a person is convicted of an offence twice within 2 years, the tobacco licence/s is cancelled and the person is disqualified from holding a tobacco licence for 5 years. |
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2. ENFORCEMENT
| WA | NSW | SA | VIC | TAS | NT | QLD | ACT | |
|---|---|---|---|---|---|---|---|---|
| Responsible Body | Health Department—Smoking and Health Program. | Health Department Police | Department of Human Services. | Local Governments. | Department of Health and Human Services. | Territory Health Services. | Queensland Health. Police. | ACT Department of Health and Community Care. Australian Federal Police. |
| Officers / dept involved | Health Department Officers. Voluntary agreement with Police and Environmental Health Officers. | Health Services Personnel—Authorised officers. Police. Environmental Health Officers—local councils. | Department of Human Services—Tobacco Control Unit. Environmental Surveillance Unit. | Environmental Health Officers. | Police Officers. Tobacco Control Officers. Environmental Health Officers. Nominated Officers (inc: nurses, doctors, teachers, and other approved by Director of Public Health). | Police. Authorised Officers. | Environmental Health Officers. Police. | ACT Department of Health and Community Care—Authorised officers. Pubic Health officers. Australian Federal Police. Director of Public Prosecutions. |
| Monitoring systems / data bases | Database maintained which provides information on retail outlets, inspections and prosecutions for breaches of the TCA 1990. Generates statistical reports on monitoring and enforcement efforts. | Database maintained for enforcements by Area Health Services. Prosecution database maintained by the Department of Health. | Nil. | Nil. | A statewide data system has been established to record data on all tobacco related activities, including tobacco licenses. | Nil. | Database maintained for enforcement activity by Public Health Units. | To be developed with licensing arrangements. |
| Routine Compliance Monitoring | Biennial monitoring activities in metropolitan areas only. Prosecutions not initiated from this. Component of evaluation programs. | Annual monitoring activities undertaken by Area Health Services as per contracts. Prosecutions undertaken on this basis. Component of evaluation programs. | Not routine at present—future annual activities planned. Component of evaluation programs. | Not routine though component of evaluation programs. | Routine Compliance Monitoring and controlled purchase operations are conducted by the Department of Health and Human Services. | Not routine though component of evaluation programs. | Not undertaken. | Not routine though component of evaluation programs. Protocols currently being developed. |
| Complaints procedures | Complaints referred to the Smoking and Health Program. Smoking and Health program officer visits retail outlet. Verbal and written warnings issued if required. 2nd warning sent if further complaint warning of prosecution. Prosecution For regional areas, call on the support of Public Health Unit— Area Health Service personnel and local Police and EHOs. NB:Commissioner of Health or officer authorised by the Commissioner of Health consent required. | Complaint referred to relevant Public Health Unit. Public Health Unit responsibility to undertake action considered appropriate. Guidelines and procedures are provided to these Units. May include the following:
| Complaint referred to the Tobacco control Unit (DHS) or to Environmental Surveillance Unit ( DHS). Letter of warning sent to retailer from the Tobacco Control Unit DHS). | Formal warning. Issue infringement notice and $100 fine. Legal Proceedings. | Inform police, EHO or Tobacco Control Officer and issue warning. Letter of warning to retailer from Director of Public Health. | Inform police, or Tobacco Control Officer. Investigated by authorised officer. Letter of warning to retailer from Chief Health Officer. | Report of alleged breach of the act form completed by EHO. Enforcement options include: - notification of alleged breach letter to retailer - warning letter - premise visit - surveillance - investigation - legal proceedings. | Warning letter sent. Referred to Australian Federal Police. Visit by Police and warning. Second report of an offence may result in further action. (Protocols may change with implementation of amended legislation). |
3. TRAINING
| WA | NSW | SA | VIC | TAS | NT | QLD | ACT | |
|---|---|---|---|---|---|---|---|---|
| Responsible Agency/ies | Health Department of Western Australia (Smoking and Health Program). | NSW Health. | SA Department of Human Services. | Local Councils; Australian Institute of Environmental Health Officers. | Department of Health and Human Services —Tobacco Control Officers. | Territory Health Services. | Queensland Health. | ACT Department of Health and Community Care. |
| Target group/s | Police Trainers. Police Officers. EHOs. Public Health Units—Area Health Service personnel. | Public Health Units—Area Health service personnel. Environmental Health Officers. Police Officers. | Environmental Health Officers. | Environmental Health Officers. | New recruits for appointment as nominated officers. Health personnel. Teachers. Police cadets. Other individuals. Minors for Controlled purchase operations. | Police. Environmental Health Officers. Other Authorised Officers. | Environmental Health Officers. Police recruits. | Public Health Officers. |
| Purpose | To raise awareness of sales to minors legislation and issues as part of general drug education programs for police. To encourage enforcement of legislation. | To provide skills and knowledge of sales to minors legislation and issues, training in compliance monitoring activities, knowledge of working with young people, court procedures and preparation of evidence. | To encourage the enforcement of legislation re signage and Sales to Minors. | To provide skills and knowledge of sales to minors legislation, issues such as youth access and enforcement strategies. | To encourage the enforcement of legislation. To equip new recruits for appointment as Nominated officers. | To provide skills and knowledge of sales to minors legislation and issues and training in compliance monitoring activities. | To provide training in enforcement procedures. | To provide skills and knowledge re enforcement. |
| Resources | Resource materials for police. Train the trainer resource package for Police Trainers. | Policies and procedures manual disseminated to Area Health Services. ‘Investigators manual. Sale of cigarettes to minors.’ Disseminated to Area Health Services. Police Training package. Police Training at police Academy. | Pamphlets and stickers. | Training package and information resources for environmental health officers. | Nominated Officers ‘Information package’ containing relevant legislation, procedural guidelines. Recruitment and training of minors for compliance surveys. Tobacco Retailer Information Kit. | Train the trainer resource folder. | Resource Manual —‘Procedures for the Enforcement of the Tobacco Products Act 1998. | Nil. |
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4. COMMUNITY EDUCATION
| WA | NSW | SA | VIC | TAS | NT | QLD | ACT | |
|---|---|---|---|---|---|---|---|---|
| Responsible Agency/ies | Health Department of Western Australia —Smoking and Health Program. Public Health Units—Area Health Services. | NSW Health—Public Health Units (Area Health Services.) | South Australia Department of Human Services SA Smoking and Health Project. | Local councils. | Department of Health and Human Services—Smoking and Health Team (QUIT Tasmania). | Territory Health Services. | Queensland Health. | ACT Department of Health and Community Care. |
| Target group/s | Relevant groups in the community. Drug action groups. Schools. Drug Education Program—Education Department of WA. P&C Organisations. | Relevant groups in the community. P&C Organisations. Schools. | Community generally. Schools. | Relevant groups in local communities. | Community generally. | Community generally. Schools. | Relevant community groups. Community generally. | Planned as per introduction of amendments (10/5/2000). |
| Purpose | To increase community awareness of and support for tobacco legislation and to encourage community support and involvement in strategies to restrict the supply and promotion of tobacco to people under 18 years. | To increase community awareness of and support for tobacco legislation and to assist in monitoring the Act. | To increase community awareness of the legislation relating to sale of tobacco products to minors. | To increase community awareness of and support for tobacco legislation and to assist in monitoring the Act. | To increase community awareness of the legislation relating to sale of tobacco products to minors and the increased penalty provisions for such offences. | To increase community awareness of the legislation relating to sale of tobacco products to minors and to assist in monitoring the Act. | To increase community awareness of sales to minors issues and legislation. To increase community action regarding sales to minors breaches. | To increase community awareness of the legislation relating to new amendments to sales to minors legislation. |
| Resources | A community action guide. Seminars for local drug action community groups. | Policies and Procedures manual. Community education kit. Media resources. | Media and publicity. | Various resources supplied by local councils. QUIT Campaign resources. | Media materials for television. Quit Tasmania school and community program. | Media, publicity and community education resources. ‘Smoke Detector” resource booklet. | Information mailout to NGOs. Local media and PR activities promoting phone lines. Information mailout to Queensland households regarding information about 1998 Act. | Not known, but will be funded by licence fees. |
| WA | NSW | SA | VIC | TAS | NT | QLD | ACT | |
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| Responsible Agency/ies | Smoking and Health Program. Police officers. Public Health Units—Area Health Services. | NSW Health QUIT Campaign Public Health Units—(Area Health Services). | South Australian Department of Human Services SA Smoking and Health Project. | Environmental Health Officers—Local Councils. | Department of Health and Human Services Tobacco Control Officers. | Territory Health Services. Northern Territory Police. | Queensland Health. | ACT Department of Health and Community Care. |
| Purpose | Retailer education on sales to minors issues and legislation requirements. | Retailer education on sales to minors issues and legislation requirements. | Retailer education on sales to minors issues and legislation requirements. | Retailer education on sales to minors issues and legislation requirements. | To increase retailer awareness of the legislation relating to sale of tobacco products to minors and the increased penalty provisions for such offences. | Retailer education on sales to minors issues and legislation requirements. | Retailer education on sales to minors issues and legislation requirements. | Retailer education on sales to minors issues and legislation requirements. |
| Resources> | Resources for NESB retailers. Summary of the Act resources. Retailer information pamphlet and sales to minors/proof of age stickers. | Retailer information kit including sales to minors/proof of age stickers. Media materials. | Retailer information and training kit. Articles in retailer newsletters. Stickers and display notices. | Getting our Act together resource kit for EHOs. Proof of age pamphlet and stickers for retailers. Responsible Retailers Awards schemes. | Retailer education programs. Stickers and notices. | Retailer information pamphlets. Prescribed Notices to retailers. NESB Retailer information. | Retailer information and education kits. Stickers and display notices. NESB Retailer information. Retailer press advertising. Tobacco Hotline. | Retailer education kit. Stickers and notices. Health warning notices to provide to retailers for display planned. |
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5. CAMPAIGN ACTIVITIES
| WA | NSW | SA | VIC | TAS | NT | QLD | ACT | |
|---|---|---|---|---|---|---|---|---|
| Description | 1996 joint WA Tobacco Retail Association/Healt h Department of WA tobacco retailer education campaign. | 1996 Sales to Minors Campaign incorporating development of ‘Brickwall’ and ‘Smoke Detector’ Campaign materials. 1997 Proof of Age Campaign:
1999 No ID, No sale. | Inform retailers of their legal obligation not to sell cigarettes to minors and to promote proof of purchase action. Display materials. Publicity coverage of campaign and compliance monitoring checks. Information and local community based campaigns. | Western Region Tobacco Project 1998. 1999 Campaign (April/June) including the placement of television materials ‘Smoke Detector / Brickwall. | Retailer and community Campaign re sale to minors and proof of age. Materials for retailers. Smoke Detector Campaign in 1999. | Materials for retailers. Community and Retailer Information Campaign, May 1998. | Community and Retailer Information Campaign, January 2000. Promoting Hotline for Retailers. Retailer press advertising. Planned information campaign will be developed for the introduction of the Tobacco Act amendments in May 2000.
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6. EVALUATION ACTIVITIES
| WA | NSW | SA | VIC | TAS | NT | QLD | ACT | |
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| Responsible Agency/ies | Health Department of Western Australia—Smoking and Health Program. Public Health Units—Area Health services. | NSW Health. Tobacco Policy Unit. Public Health Units (Area Health Services). | South Australian Department of Human Services. Anti-Tobacco Research and Evaluation program. | Local Government. Anti-Cancer Council of Victoria. | Department of Health and Human Services. QUIT Tasmania. | Territory Health Services. | Queensland Health. Queensland Cancer Fund. | ACT Department of Health and Community Care. |
| Compliance Monitoring | Yes. Biennial surveys of metropolitan area by the Smoking and Health program. Irregular surveys of regional areas by Public Health Units—Area Health Services. | Yes. Annual reports from Area Health Services as per contracts. | Yes. Future annual activity. 2 rounds of compliance checks conducted 1999/2000. | Yes. | Yes. Six monthly surveys. | Yes. | No. | Not at present. Protocols being developed. |
| WA | NSW | SA | VIC | TAS | NT | QLD | ACT | |
|---|---|---|---|---|---|---|---|---|
| 1. Prevalence date | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. |
| 2. Access data and information | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. | Yes (ASSAD) surveys. |
| 3. Surveys of Retailers | Retailer Compliance Surveys (biennial). | Compliance Monitoring by area health services. Tobacco retailer education package survey report 1997 (NSW QUIT—unpublished). | Retailer compliance checks 1999/2000 | Tobacco Retailer Compliance Report—Western Metropolitan Region 1998. | Illegal sales of Cigarettes to Minors—retailer Compliance testing. Report Jan 2000: QUIT Tasmania. | 1996 and 1997 Retail Compliance surveys. | 1993 Youth Purchase survey (baseline for 1998 legislation). Retailer Feedback Survey 1998 re: Education Campaign. | Retailer compliance tests last conducted late 1996. |
| 4. Community Surveys | Nil. | 1996 Community Survey—pre-campaign. | Nil. | Nil. | Nil. | 1998 Young People and Substance Use (16–24 years). | 1997 University of Qld survey : “Measurement of Public Support in Qld for policies to restrict smoking.” | Nil. |
| 5. Vending machines | 1998 Vending Machines Survey (inaugural) Biennial surveys. | Nil. | 1995 SA Smoking and Health Project pilot study inc. vending machines. | Nil. | Nil. | Nil. | Nil. | Nil. |
| 6. Other survey / measures | Nil. | Evaluation of effectiveness of the Policies and Procedures manual (ongoing). Bauman A et al. ‘Evaluation of Sales to Minors Campaign 1997’ (Unpublished) Monitoring of prosecution outcomes. | Illegal Sales of Cigarettes to Minor—Compliance Testing 1999. (Report on Jan 2000 available Mid March 2000.) | Nil. | Process evaluations of health promotion and media campaigns. Monitoring of prosecution outcomes. | Media tracking surveys | Survey of reach and impact of the 1998 Education Campaign. | Currently examining ways of removing apparent barriers to controlled purchase operations. Monitoring of prosecution outcomes |
| (States and territories in Australia have undertaken a number of studies. Many are referred to in the National Approach report.) |
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