Question regarding the number of charges laid by police under Section 107D of the Tobacco Products Control Act 2006 in 2012 and 2013. The answer clarifies that police do not lay charges under this section, but instead provide information to the Department of Health.

AnsweredQoN 1948Legislative Assembly
Asked
13 March 2014
Portfolio
Police

QuestionView source ↗

How many charges have police laid under Section 107D of the Tobacco Products Control Act 2006 , in 2012 and 2013?

AnswerView source ↗

Answered
1 April 2014
Responded by
Minister for Police
Response time
19 days
None. Section 124A provides that if a police officer suspects on reasonable grounds that a person has committed an offence under section 107C or 107D, the Commissioner of Police is to supply the Director General of the Department of Health (DoH) with the alleged offender's name, address and date of birth and the date and details of the alleged offence, to the extent the Commissioner has that information.
The provisions relating to the offences provided by the
Tobacco Products Control Act 2006
(as amended) do not require police officers to infringe or prosecute individuals who contravene sections 107C and 107D. Instead, police officers, on behalf of the Commissioner of Police, record the details of offenders and then supply the information to the DoH who can then use the provided information in the performance of any function the Director General has under the Act.
To facilitate the transfer of information to the DoH, an online form has been created which allows the recorded details of offenders to be input by police officers and forwarded to the DoH.

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