❓ The WA Department of Health uses compliance surveys and controlled purchase operations to test if retailers are selling tobacco to minors. Infringements are issued for illegal sales during controlled purchases, but not during compliance surveys.
AnsweredQoN 4131Legislative Assembly
QuestionView source ↗
Have any staff or contractors of the Department of Health participated in, or engaged contractors to participate in, the purchase of tobacco products for the purpose of determining whether retailers are checking the age of intending purchasers: (a) if yes, on how many occasions has this occurred during: (i) 2015/16; (ii) 2016/17; and (iii) 2017/18; (b) what has been the cost of undertaking this activity for each of these years; and (c) were any offences identified as part of this process, and if so, how many offences occurred each of these years: (i) how many prosecutions proceeded as a result of identifying any such offences, and what was the outcome of each prosecution?
AnswerView source ↗
Answered
20 November 2018
Responded by
Minister for Health
Response time
12 days
I am advised that:
(a) Yes. There are two processes prescribed by the Tobacco Products Control Act 2006 to test whether tobacco is being sold to minors. One is a compliance survey which is applied to randomly selected tobacco stores to collect data on the propensity of stores selling tobacco products to minors. The other is a controlled purchase operation which targets stores that have demonstrated a propensity to sell tobacco to minors or where the Department of Health has received complaints of this.
In a compliance survey , there are no penalties permitted to be applied as it is conducted only to gather data.
In a controlled purchase operation , when sale of tobacco to a Controlled Purchase Officer (appointed minor) occurs, an infringement of $1000 may be issued to the sales person or store manager, depending on the circumstances under which the sale was made.
In both compliance surveys and controlled purchase operations, minors are appointed as Controlled Purchase Officers by the Chief Executive Officer (the Director General).
(i) 2015/2016: A compliance survey was conducted across 541 stores over September and October and a controlled purchase operation was conducted in April.
(ii) 2016/2017: A controlled purchase operation was conducted over September and October.
(iii) 2017/2018: A compliance survey was conducted across 525 stores over September and October and a controlled purchase operation conducted in November and December.
(b) The cost of a compliance survey in 2015 was $104,801.00 and the cost of a compliance survey in 2017 was $88,570.00.
The cost of a controlled purchase operation involving multiple minors is approximately $5,000. The cost of a small scale controlled purchase operation (one day using one minor) is approximately $150.
Note: all costs are drawn from tobacco licensing revenue.
(c) Yes. The offence of selling tobacco to a minor during a compliance survey attracts no penalty. The salesperson and manager are advised that sale has occurred and may in future be tested by a controlled purchase which could attract a penalty for the same offence.
(i) 2015/2016 Controlled purchase operations – 15 x $1000 infringements issued.
2016/2017 Controlled purchase operations – 22 x $1000 infringements issued.
2017/2018 Controlled purchase operations – 8 x $1000 infringements issued.
Note: One prosecution is in process from an infringement issued in 2017 – the person fined has elected to take the matter to court.
(a) Yes. There are two processes prescribed by the Tobacco Products Control Act 2006 to test whether tobacco is being sold to minors. One is a compliance survey which is applied to randomly selected tobacco stores to collect data on the propensity of stores selling tobacco products to minors. The other is a controlled purchase operation which targets stores that have demonstrated a propensity to sell tobacco to minors or where the Department of Health has received complaints of this.
In a compliance survey , there are no penalties permitted to be applied as it is conducted only to gather data.
In a controlled purchase operation , when sale of tobacco to a Controlled Purchase Officer (appointed minor) occurs, an infringement of $1000 may be issued to the sales person or store manager, depending on the circumstances under which the sale was made.
In both compliance surveys and controlled purchase operations, minors are appointed as Controlled Purchase Officers by the Chief Executive Officer (the Director General).
(i) 2015/2016: A compliance survey was conducted across 541 stores over September and October and a controlled purchase operation was conducted in April.
(ii) 2016/2017: A controlled purchase operation was conducted over September and October.
(iii) 2017/2018: A compliance survey was conducted across 525 stores over September and October and a controlled purchase operation conducted in November and December.
(b) The cost of a compliance survey in 2015 was $104,801.00 and the cost of a compliance survey in 2017 was $88,570.00.
The cost of a controlled purchase operation involving multiple minors is approximately $5,000. The cost of a small scale controlled purchase operation (one day using one minor) is approximately $150.
Note: all costs are drawn from tobacco licensing revenue.
(c) Yes. The offence of selling tobacco to a minor during a compliance survey attracts no penalty. The salesperson and manager are advised that sale has occurred and may in future be tested by a controlled purchase which could attract a penalty for the same offence.
(i) 2015/2016 Controlled purchase operations – 15 x $1000 infringements issued.
2016/2017 Controlled purchase operations – 22 x $1000 infringements issued.
2017/2018 Controlled purchase operations – 8 x $1000 infringements issued.
Note: One prosecution is in process from an infringement issued in 2017 – the person fined has elected to take the matter to court.
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