Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020

1: Title
This Act is the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020.
2: Commencement
This Act comes into force on the day that is 18 months after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Smoke-free Environments Act 1990 principal Act 2021-11-28 Smoke-free Environments Act 1990
1: Amendments to principal Act
4: Section 2 amended (Interpretation)
In section 2 enforcement officer
a: a person appointed under section 91 Section 4 replaced 28 November 2021 section 31(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
5: Section 3A amended (Purposes of this Act)
In section 3A(2) 1, 1A, Section 5 replaced 28 November 2021 section 31(2) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
6: Section 5 amended (Smoking
and vaping After section 5(2)
3: Nothing in this section permits smoking or vaping see section 20D Section 6 heading amended 28 November 2021 section 31(3) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 6 amended 28 November 2021 section 31(4) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
7: Section 5A amended (Employer may permit smoking
or vaping In section 5A
2: Nothing in this section permits smoking or vaping see section 20D Section 7 heading amended 28 November 2021 section 31(5) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 7 amended 28 November 2021 section 31(6) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
8: Section 9 amended (Smoking
and vaping After section 9(4)
5: Nothing in this section permits smoking or vaping see section 20D Section 8 heading amended 28 November 2021 section 31(7) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 8 amended 28 November 2021 section 31(8) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
9: New Part 1A inserted
After section 20A
1A: Smoke-free motor vehicles carrying child occupants
20B: Purpose of this Part
The purpose of this Part is to limit children’s exposure to second-hand smoke and other emissions or vaping
20C: Interpretation for this Part
In this Part, unless the context otherwise requires,— child occupant motor vehicle road
20D: Smoking
or vaping
1: A person must not smoke or vape
2: However, a person may smoke or vape
a: the person is the only occupant of the motor vehicle who is under the age of 18 years; or
b: the motor vehicle is—
i: manufactured for use as an occasional or permanent dwelling; and
ii: stationary on a road and in use as a dwelling.
3: A person who contravenes subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $50; or
b: a fine imposed by a court not exceeding $100.
4: Sections 88 to 90
a: the infringement offence were an infringement offence defined in section 87
b: the infringement fee in subsection (3)﻿(a) were an infringement fee specified in section 87
c: a constable were the enforcement officer referred to in those sections.
20E: Constable’s powers
1: A constable who sees a person smoking or vaping
a: signal or request the driver of the motor vehicle to stop the vehicle as soon as practicable:
b: require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section:
c: require the person who is smoking or vaping or vaping
d: require any person who is smoking or vaping
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
2: A constable who sees a person smoking or vaping
a: by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop:
b: require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section:
c: require the person who is smoking or vaping or vaping
d: require any person who is smoking or vaping
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
3: Despite subsection (1) subsection (1)﻿(c) and (d)
a: manufactured for use as an occasional or permanent dwelling; and
b: stationary on a road and in use as a dwelling. Offences
20F: Offences in respect of constables
A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if the person—
a: intentionally obstructs, hinders, or resists a constable exercising or attempting to exercise powers under section 20E
b: intentionally fails to comply with a requirement under section 20E
c: when required under section 20E(1)﻿(d) or (2)﻿(d) Section 9 amended 28 November 2021 section 31(9) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(10) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(11) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(12) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(13) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(14) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(15) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 9 amended 28 November 2021 section 31(16) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
10: Section 38B amended (Commission of infringement offences)
Section 10 repealed 28 November 2021 section 31(17) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
2: Amendment to Summary Proceedings Act 1957
11: Summary Proceedings Act 1957 amended
1: This section amends the Summary Proceedings Act 1957
2: In section 2(1) infringement notice section 20D or 2021-11-28 Summary Proceedings Act 1957 Section 11(2) replaced 28 November 2021 section 31(18) Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020