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Strengthening SA's tobacco control legislation

There is an opportunity to consider making changes to South Australian tobacco control legislation that supports the reduction of harms associated with smoking and exposure to second-hand smoke. This has come about thanks to an independent review of South Australian tobacco control regulation that highlighted areas for improvement.

The Government invites you to consider the 'Discussion Paper on recommendations from an independent review of tobacco control legislation in South Australia' located on the YourSAy website and to provide your views on the following issues:

Smoke-free outdoor dining areas:

  • Do you support either of the two options for amendments to change the way smoke-free outdoor dining laws work so that they work as intended?:
    1. Amend Reg 6 to broaden the definition of outdoor dining area to include any outdoor area that the occupier has either set aside for the purpose of public dining or knows or should know is being used by patrons to consume meals; or
    2. Prevent a person consuming a meal (other than snack food) in an area set aside for smoking. The obligation (and liability for breach) to be on the occupier/manager of the outdoor dining area.
  • What other comments or feedback do you have about the smoke-free outdoor dining laws, including any positive or negative experiences with the laws since they were introduced in July 2016, and any suggestions on how they could be improved?

Penalties for breaches of South Australian tobacco control legislation

Increasing penalties in the legislation for selling and supplying to children.

  • Should penalties for selling or supplying to a child be increased, with higher penalties for corporations that breach the law, and why?
  • Should courts have more power to restrict, suspend or cancel a licence if they are found guilty of selling or supplying tobacco products or e-cigarette products to children?

Increasing other penalties in the legislation

  • Should penalties for Parts 2 to 4 in the legislation be increased, with higher penalties for breaches of the law by corporations, and why?
  • Is there any penalty you feel should be increased more than other penalties?

Enhancing the licensing scheme

Oversight on where tobacco and e-cigarette retailers operate

  • Do you support placing criteria around the number of licences by geographic location, such as near schools and in areas of high disadvantage, to reduce health inequities in South Australia?

Introducing a tobacco and e-cigarette wholesaler licence

  • Do you support the introduction of a wholesaler licence?
  • Do you feel there are any other areas where regulatory oversight of tobacco and e-cigarette sales should be increased?

Establish smoke-free areas near child care and children's education centres

  • Do you support a ban on smoking within 10 metres of children’s education and child care centres?
  • Do you support implementing a ban on smoking near these facilities with a different exclusion distance?
  • Do you think there are any other public areas for children where bans on smoking should be implemented?

Any other comments?

Are there any other areas of the Act that you would like to provide comments on?

Submit your feedback

Feedback on this discussion paper can be submitted either by:

Submissions close at 5.00 pm Friday 3 May 2019.

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