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Tobacco Control (Amendment) Bill 2009

TOBACCO CONTROL (AMENDMENT) BILL 2009

EXPLANATORY MEMORANDUM

1.0. INTRODUCTION AND PURPOSE

The Bill provides for the amendment of the Tobacco Control Act 2009 (the principal Act). The Bill proposes only one amendment to the principal Act, which is to amend the date on which section 6 of the Act will come into effect.

Section 6 of the principal Act concerns information to be printed on packages of tobacco products. It provides:

‘Any person who sells any tobacco product in any package which is not marked in accordance with the regulations commits an offence.’

The Tobacco Control Regulations, which were made by Cabinet on 29 July 2009 and which, subject to the commencement provisions of the principal Act, commenced on 1 August 2009, contain detailed provisions about the health warnings that must be printed on tobacco products sold in Nauru.

According to the commencement provisions of the Tobacco Control Act 2009 – which are contained in section 1 and Schedule 1 of the Act - Section 6 of the Act and the corresponding provisions within the Regulations come into force 6 months after certification of the Act, which means that they would come into effect on 20 October 2009. The Bill proposes to amend Schedule 1 in relation to section6 of the principal Act, so that section 6 would come into force 12 months after certification of the Act, which means 20 April 2010.

This amendment is being proposed because it has become apparent that it will not be possible for manufacturers and retailers to have newly packaged tobacco products that meet the requirements of the Tobacco Control Act and Regulations on the Nauruan market by 20 October 2009. Representatives of the Health Department and Parliament have met with industry representatives to discuss compliance with the new labeling requirements, and government is satisfied that industry is attempting in good faith to comply with the new requirements as expeditiously as possible, and that 20 April 2010 represents a more fair, realistic and achievable deadline.

2.0. CLAUSES

Clause 1: The short title of the Act would be the Tobacco Control (Amendment) Act 2009. The Act would commence on the date that it receives the certificate of the Speaker.

Clause 2: This clause defines the meaning of the principal Act as being the Tobacco Control Act 2009.

Clause 3: This clause would amend Schedule 1 of the principal Act. The effect of clause 3 of the proposed amendment Bill, would be that Schedule 1 of the Tobacco Control Act would be amended in its application to section 6 of the Act, so that section 6 would come into force 12 months after certification. This means the new requirements for health warnings on tobacco product packaging would come into force on 20 April 2010 instead of 20 October 2009.