❓ Hon. Kate Doust questions the Minister for Health regarding the lack of prosecutions under the Tobacco Products Control Act despite a high rate of retailers selling tobacco to minors. The Minister responds that the audits were for data collection, not prosecution, and outlines training and inspection efforts.
AnsweredQoN 56Legislative Council
QuestionView source ↗
TOBACCO
PRODUCTS CONTROL ACT — PROSECUTIONS
56. Hon KATE DOUST to the minister representing the
Minister for Health:
I refer to recent media reports of the high 39 per cent of
retailers audited under the Tobacco Products Control Act who were caught
selling tobacco to minors.
(1) How many prosecutions have there been since July 2011?
(2) How many prosecutions were there in 2010–11?
(3) Why have
so few prosecutions taken place, given there has been such a prevalence of
breaches of the Tobacco Products Control Act by retailers?
(4) What
action will the minister now take to ensure that there is proper compliance
with this important legislation?
PRODUCTS CONTROL ACT — PROSECUTIONS
56. Hon KATE DOUST to the minister representing the
Minister for Health:
I refer to recent media reports of the high 39 per cent of
retailers audited under the Tobacco Products Control Act who were caught
selling tobacco to minors.
(1) How many prosecutions have there been since July 2011?
(2) How many prosecutions were there in 2010–11?
(3) Why have
so few prosecutions taken place, given there has been such a prevalence of
breaches of the Tobacco Products Control Act by retailers?
(4) What
action will the minister now take to ensure that there is proper compliance
with this important legislation?
AnswerView source ↗
I thank the member for some notice of this question.
(1)–(2) Nil.
(3) The
purpose of the survey was to gather data about the likelihood of a ''sale
to a minor'' offence being committed if the opportunity to commit the
offence is given. It is not intended that businesses be prosecuted as part of
the survey. The Department of Health investigates complaints lodged by members
of the public about such breaches, but none in the last six years has had
enough evidence to prosecute a business.
(4) The
Department of Health is conducting an extensive training campaign of all retail
outlets to inform them about the
requirement not to sell tobacco to minors. This includes training staff in
asking for photo ID to determine whether a customer is over 18 years of age.
Ongoing audits and inspections of stores also take place to determine compliance with the legislation. The
Department of Health will consider also undertaking controlled purchase
operations when a targeted business is to be more thoroughly investigated.
(1)–(2) Nil.
(3) The
purpose of the survey was to gather data about the likelihood of a ''sale
to a minor'' offence being committed if the opportunity to commit the
offence is given. It is not intended that businesses be prosecuted as part of
the survey. The Department of Health investigates complaints lodged by members
of the public about such breaches, but none in the last six years has had
enough evidence to prosecute a business.
(4) The
Department of Health is conducting an extensive training campaign of all retail
outlets to inform them about the
requirement not to sell tobacco to minors. This includes training staff in
asking for photo ID to determine whether a customer is over 18 years of age.
Ongoing audits and inspections of stores also take place to determine compliance with the legislation. The
Department of Health will consider also undertaking controlled purchase
operations when a targeted business is to be more thoroughly investigated.
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