Rahui Katene, in Committee, to move the following amendments:
“6A, 6B,” after “Sections” (line 5 on page 3).
“registration of tobacco sellers” after “to” (line 7 on page 3).
To insert the following paragraph before paragraph (a):
Clause 5A: new section 3A
To omit the second appearance of
“and” (line 4 on page 6).
“, and sale” after “promotion” (line 5 on page 6).
New clause 6A
To insert the following clause after clause 6:
6A Section 21 amended
Section 21(a)(i) is amended by omitting
“advertising,” and inserting
“, and sale” after
New clause 6B
To insert the following clause before clause 7:
6B New sections 21A to 21G inserted
Part 2 of the Act is amended by inserting the following heading and sections after section 21:
“Registration of tobacco sellers
“21A Register of tobacco sellers
“(1) The Director-General of Health must keep a register of all persons carrying on a tobacco business (referred to in this Part as
“(2) In this Part, registered means entered in the Register, and unregistered is to be construed accordingly.
“21B All manufacturers, importers, wholesalers, distributors and retailers of tobacco products must be registered
No person carrying on a tobacco business may sell tobacco products, or allow tobacco products to be sold on their behalf, in New Zealand unless they are registered and sell those tobacco products at or from premises or Internet sites that are listed in the Register against their registration.
“21C Application for registration and addition of premises, etc
“(1) A person may apply to the Director-General of Health—
“(2) An application under subsection (1) must—
“(3) If required, an application must provide other information including, if prescribed, information about the source of tobacco products made available for sale and the quantities of tobacco products sold and, in the case of manufacturers, wholesalers and distributors, to whom they are sold.
“(4) The Director-General of Health must grant an application for registration unless—
“(b) at the time the application is made, the applicant is subject to an order made under section 30AB of this Act that prohibits either the person from selling tobacco products, or from selling tobacco products from a premises named in the application for registration.
“(5) On granting an application under subsection (1)(a), the Director-General of Health must enter the following information in the Register—
“(6) On granting an application under subsection (1)(b), the Director-General of Health must amend the applicant’s entry in the Register so as to include the address of the further premises or Internet site at or from which the applicant proposes to carry on the sale of tobacco products.
“21D Certificates of registration
“(1) On granting an application under section 21C, the Director-General of Health must issue to the applicant a certificate of registration in respect of each premises or Internet site stated in the application.
“(2) No premises or Internet site may be used for the sale of tobacco products unless a certificate of registration for that premises or Internet site is displayed in a prominent position on the premises or Internet site for inspection.
“21E Duty to notify certain changes
“(1) A registered person must give the Director-General of Health notice of—
“(2) A notice under subsection (1) must be given within one month of the date of the change to which it relates.
“21F Changes to and removal from Register
“(1) The Director-General of Health may correct the Register, following notification under section 21E or otherwise, as he or she considers appropriate.
“(2) Where an order is issued under section 30AB of the Act requiring a person or premises to cease the sale of tobacco products for a stated period of time, the Director-General of Health must amend the person’s entry in the Register so as to remove references to the person or premises being registered for that period of time.
“(3) The Director-General of Health may remove a person’s entry from the Register if—
“(4) Where the Director-General of Health corrects, amends or removes a person’s entry in the Register under this section, he or she must—
“(a) as soon as reasonably practicable notify the person of the correction, amendment or, as the case may be, removal; and
“(5) The Director-General of Health must reinstate a person’s entry in the register if—
“(6) A notice under subsection (4)(a) may be given—
“21G Public inspection of the Register
“(1) The Director-General of Health must make available for public inspection, at all reasonable times and free of charge, a list of premises at which tobacco businesses are carried on or proposed to be carried on.
“(2) Officers appointed under section 14 as enforcement officers shall have full access to the Register to enable them to undertake their duties.”
New clause 9A
To insert the following clause after clause 9:
9A Section 30AB amended
Subsection (2) is amended by—
To insert the following subclause after subclause (1AA):
To insert the following paragraph before paragraph (a) (line 1 on page 21):
(aa) section 36(1AA) (which relates to an unregistered person selling tobacco products, or a registered person selling tobacco products at or from a premises or Internet site that has not been entered in the Register established under section 21A)—maximum infringement fee amount $1,000:
To insert the following subclause before subclause (1) (line 33 on page 22):
To insert the following paragraph before paragraph (a) (line 1 on page 26):