Ley de Control de Tabaco de 2009 (Ley N° 4 de 2009), Nauru

• TOBACCO CONTROL ACT 2009
• Table of Sections
• PART 1 - PRELIMINARY
• 1. Short title and commencement
• 2. Interpretation
• PART 2 - PROHIBITION OF ADVERTISING AND PROMOTION OF TOBACCO PRODUCTS
• 3. Prohibition of tobacco product advertisements
• 4. Prohibition on giving or distributing free samples or offering prizes
• 5. Prohibition on sponsorship
• PART 3 - PRODUCT REQUIREMENTS
• 6. Information to be printed on packages of tobacco products - labelling
• 7. Restrictions on tar and nicotine content
• 8. Minimum package size
• PART 4 - RESTRICTIONS ON SALE OF TOBACCO PRODUCTS AND PRODUCTS RESEMBLINGTOBACCO PRODUCTS
• 9. Prohibition on supplying tobacco to persons under 18 years
• 10. Prohibition on supply from vending machines
• 11. Prohibition on supply from restaurants
• 12. Prohibition on confectionery or toys resembling tobacco products
• PART 5 - SMOKING IN PUBLIC PLACES AND WORKPLACES
• 13. Prohibition on smoking in enclosed public places and enclosed workplaces
• 14. Enclosed public places and enclosed workplaces - display of signs
• 15. Smoking in bars, restaurants, cafes and hotels
• 16. Interim definitions of enclosed public place and enclosed workplace
• 17. Approval of designated smoking area
• PART 6 - MISCELLANEOUS
• 18. Appropriation for tobacco control activities
• 19. Authorised officer
• 20. Offences and penalties
• 21. Offences by corporate bodies and trading businesses
• 22. Prosecutions
• 23. Powers of entry, search and seizure
• 24. Power to obtain information
• 25. Continuing offences
• 26. Obstruction
• 27. Directions may be issued to ensure compliance
• 28. Removal of advertisements and destruction of tobacco products
• 29. Contracts, agreements or undertaking unenforceable
• 30. Regulations
• 31. Repeal
• Tobacco Control Act 2009 - Schedule 1

REPUBLIC OF NAURU (Act No. 4 of 2009)

AN ACT

to regulate the promotion, sale and use of cigarettes and other tobacco products and for ancillary purposes

(Certified: 20 April 2009)

REPUBLIC OF NAURU

TOBACCO CONTROL ACT 2009

(No. 4 of 2009)

Table of Sections

Part 1 Preliminary.....................................................................................................1

1. Short title and commencement.................................................................1

1. Interpretation ...........................................................................................1 Part 2 Prohibition of advertising and promotion of tobacco products.........................3
1. Prohibition of tobacco product advertisements.........................................3
2. Prohibition on giving or distributing free samples or offering prizes ........4
1. Prohibition on sponsorship.......................................................................4 Part 3 Product requirements......................................................................................4
1. Information to be printed on packages of tobacco products labelling .....4
2. Restrictions on tar and nicotine content....................................................4
3. Minimumpackage size ............................................................................5

Part 4 Restrictions on sale of tobacco products and products resembling tobacco products..................................................................................................5

1. Prohibition on supplying tobacco to persons under 18 years.....................5
2. Prohibition on supply fromvending machines .........................................5
3. Prohibition on supply fromrestaurants.....................................................6

1. Prohibition on confectionery or toys resembling tobacco products ...........6 Part 5 Smoking in public places and workplaces.......................................................6
1. Prohibition on smoking in enclosed public places and enclosed workplaces .............................................................................................6
2. Enclosed public places and enclosed workplaces display of signs ..........6
3. Smoking in bars, restaurants, cafes and hotels..........................................6
4. Interim definitions of enclosed public place and enclosed workplace .......7
1. Approval of designated smoking area ......................................................7 Part 6 Miscellaneous.................................................................................................8
1. Appropriation for tobacco control activities .............................................8
2. Authorised officer....................................................................................8
3. Offences and penalties.............................................................................8
4. Offences by corporate bodies...................................................................8
5. Prosecutions ............................................................................................8
6. Powers of entry, search and seizure..........................................................9
7. Power to obtain information...................................................................10
8. Continuing offences...............................................................................11

26. Obstruction............................................................................................11

27. Directions may be issued to ensure compliance......................................11

28. Removal of advertisements and destruction of tobacco products ............12

29. Contracts, agreements or undertaking unenforceable..............................12

30. Regulations............................................................................................12

31. Repeal ...................................................................................................12

Republic of Nauru 

TOBACCO CONTROL ACT 2009

An Act to regulate the promotion, sale and use of cigarettes and other tobacco products and for ancillary purposes. [Certified: 20 April 2009] Enacted by the Parliament of Nauru as follows ―

PART 1 PRELIMINARY

1. Short title and commencement

(1) This Act may be cited as the Tobacco Control Act 2009.

(2)

Subject to subsection (3), this Act comes into force three months after the date on which it receives the certificate of the Speaker.

(3)

Notwithstanding subsection (2), the provisions of this Act specified in Schedule 1 to this Act shall not come into force on the commencement date, but shall come into force on the later date specified in Schedule 1.

(4) Schedule 1 to this Act forms part of this Act.

2. Interpretation

In this Act, unless the context otherwise requires―  “authorised officer” means a police officer or a person prescribed under section 19; “certification” means the certification by the Speaker in accordance with Article 47 of the Constitution that the Act has been passed by Parliament “cigarette” includes any product that―

(a)

consists wholly or partly of cut, shredded or manufactured tobacco or of any tobacco derivative or substance, rolled up in paper; and

(b)

is capable of being immediately used for smoking; “designated smoking area” means an area approved by an authorised officer in accordance with section 17 of this Act; “enclosed public place” means, subject to section 16 and Schedule 1, any enclosed place, including public transport, government offices and their verandas and corridors, airport terminals, and halls to which the public ordinarily has access, and includes restaurants, bars, cafes and public spaces within any hotel, any public place at which a sporting event is being held and any public place covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary, and any place deemed by regulation to be an enclosed public place, but does not include any designated smoking area within an enclosed public place nor any private residence; “enclosed workplace” means, subject to section 16 and Schedule 1, any enclosed place, building or area that is occupied by an employer and that employees usually frequent during the course of their employment, and includes any cafeteria, veranda, corridor, lobby, stairwell, toilet, and washroomwithin such workplace, and also

includes any enclosed common areas and any workplace space covered by a roof or

enclosed by one or more walls or sides, regardless of the type of material used for the

roof, wall or sides and regardless of whether the structure is permanent or temporary,

and employerprovided vehicles normally used by employees, but does not include

any place of residence occupied by an employer or an employee or a vehicle while it is

occupied by only one person, and does not include any designated smoking area

within an enclosed workplace.

“hospital” means any place inside or within the grounds of any hospital; “Minister” means the Minister responsible for health; “occupier” in relation to an enclosed public place or an enclosed workplace is a person who is or appears to be in control of the public place or workplace; “package” includes a box, tin, packet, or carton but does not include any outer wrapper, cellophane or other transparent material;

“public space within a hotel” means any area in or on the hotel premises that is accessible to the public and which is not restricted only to a particular guest or guests;

“regulations” means regulations made pursuant to section 30 of the Act;

“restaurant” means any place or any part thereof where the principal business is the serving of meals or refreshments to the public for consumption at such place;

“school” means any place inside or within the grounds of any school; “sell” includes –

(a)

barter or exchange;

(b)

offer or expose for sale;

(c)

supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and

(d)

supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain;

“smoking”, with its grammatical variations, means puffing or inhaling and expelling the smoke of any tobacco product and includes the holding of, or control over, any ignited tobacco product;

“tar” means the Condensate Particulate Matter (CPM) which results from the ignition of any tobacco product;

“tobacco” means any product obtained fromthe leaf of the Nicotiana tobacum or Nicotiana rusticum plant or other related plants;

“tobacco product” means any tobacco or cigarette or any other product the main ingredient of which is tobacco and which is designed for human consumption in any manner;

“tobacco product advertisement” means any words, whether written, printed, spoken, broadcast, or telecast, including on film, video, visual compact disk, recording or other medium, and any pictorial representation, design, device, visual image, sign, symbol, trademark, brand name or company name, or part of a trademark, brand name or company name, or a combination of 2 or more of the foregoing, used to encourage the use or to notify the availability or to promote the sale of any tobacco product or to promote smoking;

“trademark” includes any trademark whether or not it is registered or registrable as such, and also includes:

(a)

any brand name;

(b)

any company name where that name is used for advertising or promotional purposes; and

(c)

any name, word, or mark that so resembles any trademark that it may be taken as that trademark;

“vending machine” means a machine or device that is constructed to contain tobacco products and which can automatically retail any tobacco product upon the insertion of a coin, token, banknote or similar object into the machine or device;

PART 2 PROHIBITION OF ADVERTISING AND PROMOTION OF TOBACCO PRODUCTS

3. Prohibition of tobacco product advertisements

(1)

Any person who―

(a)

displays, exhibits, announces, broadcasts or telecasts, or causes or permits to be displayed, exhibited, announced, broadcast or telecast, or authorises the display, exhibition, announcement, broadcast or telecast to the public of a tobacco product advertisement;

(b)

sells or distributes, or causes or permits to be sold or distributed, or authorises the sale or distribution of, any film, video tape or disk that contains a tobacco product advertisement;

(c)

distributes, permits or causes to be distributed, or authorises the distribution to the public, of any leaflet or document that is or contains a tobacco product advertisement; or

(d)

prints or publishes, or causes or permits to be printed or published, or authorises the printing or publication of a tobacco product advertisement in any printed publication, book, magazine, leaflet, handbill, newspaper or other printed matter intended for the public,

commits an offence.

(2)

Subsection (1) does not apply to―

(a)

a tobacco product advertisement in or on a package containing a tobacco product;or

(b)

any tobacco product advertisement included in any book, magazine, or newspaper printed outside Nauru, or in any radio or television transmission originating outside Nauru, or any film, video recording or visual disk originating outside Nauru, unless―

(i)

the principal purpose of the book, magazine, newspaper, broadcast, telecast, film, video recording or visual disk is the promotion of the use of a tobacco product or smoking; or

(ii)

the book, magazine, newspaper, broadcast, telecast, film, video recording or visual disk is intended for sale, distribution, or exhibition primarily in Nauru; or

(iii) in the case of a tobacco product advertisement in any radio or television transmission, the advertisement is targeted primarily at a Nauru audience.

(3)

Nothing in subsection (1) applies to a tobacco product advertisement that is, or is to be, displayed inside a shop or other retail place where tobacco products are offered for sale so long as

(a)

the advertisement is, or is to be, displayed only at the point of sale of a tobacco product;

(b)

one of the warning messages specified in the regulations is clearly and conspicuously printed in a prominent position in a block on each such advertisement and the block covers not less than 20% of the total area of the advertisement;

(c)

the advertisement does not contain any trademark or brand name or part of a trademark or brand name of a tobacco product, or the name of a manufacturer or distributor of a tobacco product; and

(d)

the advertisement complies with the Regulations.

(4)

A person who commits an offence under subsection (1) of this section is liable upon conviction to a penalty of –

(a)

in the case of an individual, $1,000; and

(b)

in the case of a body corporate, $5,000.

4. Prohibition on giving or distributing free samples or offering prizes

Any person who, for the purpose of inducing or promoting the sale of any tobacco product or smoking generally―

(a)

offers, supplies or distributes to any person a free sample of a tobacco product;

(b)

offers any gift or cash rebate or the right to participate in any contest, lottery or game to the purchaser of a tobacco product in consideration for the purchase thereof, or to any person in consideration for the furnishing of evidence of such a purchase; or

(c)

offers, supplies or distributes to the public a free sample of a product which is not a tobacco product, but which is intended to promote the sale of a tobacco product or smoking generally;

commits an offence.

5. Prohibition on sponsorship

(1) Any person who, under a contract, agreement, undertaking or understanding with another person, whether or not legally binding, promotes or publicises, or agrees to promote or publicise―

(a)

a tobacco product or a trademark or brand name, or part of a trademark or brand name, of a tobacco product; or

(b)

the name or interests of a manufacturer or distributor of a tobacco product (whether or not that manufacturer or distributor also manufactures or distributes a product other than the tobacco product) in association directly or indirectly with the tobacco product,

in exchange for a sponsorship, gift, prize, reward, scholarship or like benefit given or agreed to be given by another person, commits an offence, and is liable upon conviction to a penalty of, in the case of an individual $5,000, and in the case of a body corporate $25,000.

(2) Any person who, under a contract, agreement, undertaking or understanding with another person, whether or not legally binding, gives or agrees to give any sponsorship, gift, prize, reward, scholarship or like benefit in exchange for the promotion of, or an agreement to promote, a tobacco product or a name, interest, trademark or brand name of a tobacco product, or the name or interests of a manufacturer or distributor of a tobacco product (whether or not that manufacturer or distributor also manufactures or distributes a product other than the tobacco product) in association directly or indirectly with the tobacco product, commits an offence, and is liable upon conviction to a penalty of $25,000.

PART 3 PRODUCT REQUIREMENTS

6. Information to be printed on packages of tobacco products labelling

Any person who sells any tobacco product in any package which is not marked in accordance with the regulations commits an offence.

7. Restrictions on tar and nicotine content

(1)

The level of tar in any cigarette shall not exceed 15 milligrams and the level of nicotine shall not exceed 1.5 milligrams.

(2)

Any person who sells any cigarette that contains tar or nicotine in excess of the level prescribed by subsection (1) of this section commits an offence.

8. Minimum package size

(l)

No person shall sell cigarettes unless they are contained in an unbroken package containing no fewer than 20 cigarettes.

(2)

Any person who sells any cigarette that is not contained within an unbroken package prescribed by subsection (1) of this section commits an offence.

PART 4 RESTRICTIONS ON SALE OF TOBACCO PRODUCTS AND PRODUCTS RESEMBLING TOBACCO PRODUCTS

9. Prohibition on supplying tobacco to persons under 18 years

(1) Any person who―

(a) supplies any tobacco product to a person under the age of 18 years; or

(b)

purchases a tobacco product for the use of a person under the age of 18 years; commits an offence.

(2)

The term “supplies” in subsection (l)(a) of this section applies only to the supply of a tobacco product by a person who has a direct or indirect pecuniary interest in the sale of tobacco products.

(3)

Every retailer of tobacco products shall post prescribed signs in the prescribed manner stating that it is illegal to sell or supply any tobacco product to persons under the age of 18 years, and any failure to comply with this requirement shall constitute an offence.

(4)

It is a defence to a prosecution under subsection (1) of this section if a person proves that he or she had taken all reasonable precautions to ensure that the tobacco product was not sold to a person under the age of 18 years.

(5)

Any person who contravenes subsection (1)(b) of this section shall be penalised in accordance with section 20.

(6)

Any person who contravenes subsection (3) of this section shall be liable upon conviction:

(a)

for a first offence to a fine of $100;

(b)

for a second offence to a fine of $500;

(c)

for a third or subsequent offence to a fine of $1,000.

(7)

Any person who contravenes subsection (1)(a) of this section is liable upon conviction;

(a)

for a first offence to a fine of $1,000;

(b)

for a second offence, to a fine of $2,000;

(c)

for a third offence, to a fine of $5,000, and an order prohibiting the person from selling or supplying tobacco products for a period of 3 years and prohibiting any other person fromselling or supplying tobacco products from the premises at which any of the offences was committed, for a period of 3 years.

(8)

Any person who sells or supplies any tobacco product during a period in which he or she has been prohibited fromdoing so under subsection (7)(c) of this section commits an offence, and is liable upon conviction to a fine not exceeding $5,000.

1. Prohibition on supply from vending machines
2. Any person who sells or supplies tobacco products froma vending machine commits an offence, and is liable upon conviction to a fine of $1,000 and forfeiture of the vending machine.
1. Prohibition on supply from restaurants
2. Any person who sells, offers for sale or supplies tobacco products in a restaurant commits an offence.
1. Prohibition on confectionery or toys resembling tobacco products

(l)

A person shall not sell, or import into Nauru for sale, confectionery, or a toy, that is designed to resemble a tobacco product.

(2)

A person shall not sell, or import into Nauru for sale, confectionery, or a toy, contained in packaging that is designed to resemble a tobacco product or the packaging of a tobacco product.

(3)

For the purposes of any law regulating the importation of goods, a thing described in subsection (1) or (2) of this section is a prohibited import.

(4)

Any person who contravenes subsection (1) or (2) of this section commits an offence, and shall be liable upon conviction to forfeiture of any remaining prohibited goods and:

(a)

for a first offence to a fine of $100;

(b)

for a second offence to a fine of $500;

(c)

for a third or subsequent offence to a fine of $1,000.

PART 5 SMOKING IN PUBLIC PLACES AND WORKPLACES

13. Prohibition on smoking in enclosed public places and enclosed workplaces

(l)

Any person who smokes in any school, hospital, enclosed public place or in any enclosed workplace commits an offence.

(2)

If smoking occurs in a school, hospital, enclosed public place or enclosed workplace in contravention of subsection (1) of this section, the occupier of the public place or workplace is guilty of an offence.

(3)

It is a defence to a prosecution under subsection (2) of this section if the defendant proves that the defendant did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that―

(a)

the defendant was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

(b)

the defendant requested the person contravening to stop smoking; and informed the person that the person was committing an offence.

14. Enclosed public places and enclosed workplaces display of signs

(l)

If, within an enclosed public place or enclosed workplace, ‘no smoking’ signs that comply with subsection (2) of this section are not displayed, or are not displayed in the prescribed manner (if any), without reasonable excuse, the occupier of the enclosed public place or enclosed workplace commits an offence.

(2)

A sign referred to in subsection (1) must comply with any requirements prescribed in regulations as to size and content.

15. Smoking in bars, restaurants, cafes and hotels

(1)

Pursuant to subsection (3) of section 1 and Schedule 1, all bars, restaurants and cafes and all public spaces within hotels shall, four years and three months after certification, become enclosed public places for the purposes of this Act.

(2)

The licensee of any bar, restaurant, café or hotel may, prior to the date on which such places become enclosed public places under this Act, adopt a ‘no smoking’ policy in respect

of all or part of their business premises, and, provided that if such policy is adopted, signs are displayed that comply with the requirements prescribed for the purposes of subsection (2) of section 14 and have been so displayed for not less than four weeks, the ‘no smoking’ policy shall be enforced in accordance with this Act as if the relevant bar, restaurant, café or hotel or the respective part thereof was an enclosed public place.

16. Interim definitions of enclosed public place and enclosed workplace

(1)

Subject to subsection (3) of section 17, from the date of certification until twentyseven months after certification, “enclosed public place” shall mean any roomor indoor space in any government building, and any other indoor public facility including public transport, and “enclosed workplace” shall mean any room or indoor space that is occupied by an employer and that employees usually frequent during the course of their employment but shall not include a vehicle or any place of residence occupied by an employer or an employee.

(2)

Fromtwentyseven months after certification until four years and three months after certification, “enclosed public place” shall mean any place inside or within the grounds of any government building (including buildings of state owned enterprises and government instrumentalities), airport terminal or other public building or facility, and public transport, but shall not include any designated smoking area, and “enclosed workplace” shall mean any place occupied by an employer and that employees usually attend during the course of their employment that is enclosed by a roof and by two or more walls or sides, including any veranda, balcony or corridor with a roof and two or more walls that is in or adjoined to any such place, but shall not include restaurants, bars, cafes or hotels or any place of residence occupied by an employer or an employee nor any designated smoking area.

17. Approval of designated smoking area

(1)

Upon the request of the occupier of any public place or workplace, an authorised officer shall inspect any area that the occupier seeks to have approved as a designated smoking area, and the authorised officer may issue a certificate of approval under subsection

(2)

for an area at or within such public place or workplace to be a designated smoking area, provided that:

(a)

There shall be no more than one designated smoking area in any public place or workplace unless such public place or workplace covers an area greater than two hundred square metres;

(b)

Approval shall not be given unless the proposeddesignated smoking area is an outdoor area at least two metres away from all doors and windows and the authorised officer is satisfied that there is sufficient air flow in the proposed area to make the likelihood of involuntary passive smoking by those outside the proposed designated smoking area remote;

(c)

A designated smoking area shall occupy no more than 15 square metres, shall be properly equipped with rubbish bins and/or ashtrays and shall be clearly delimited and singposted as a designated smoking area;

(d)

The occupier of any public place or workplace that has a designated smoking area shall ensure that health warning signs in the prescribed formare posted in the designated smoking area/s.

(2)

If an authorised officer is satisfied that a proposed designated smoking area complies with the requirements in subsection (1), he shall issue a certificate of approval to the occupier which certifies that the requirements of subsection (1) have been complied with and which clearly describes the location and boundaries of the designated smoking area, and shall provide a copy of the certificate of approval to the Minister.

(3)

Notwithstanding the requirements of subsections (1) and (2), an authorised officer may issue a certificate of approval for a designated smoking area within the transit and