Tasmanian Bills Fact Sheets Tasmanian Bills Fact Sheets[Index] [Search] [Download] [Bill] [Help]
FACT SHEET
PUBLIC HEALTH AMENDMENT (PREVENTION OF SALE OF SMOKING PRODUCTS TO UNDERAGE
PERSONS) BILL 2018
(Brought in by the Honourable Ivan Dean)
The Bill provides for the raising to the age 21 of persons to whom smoking products, including
tobacco and electronic vaping devices, may be sold. At present smoking products must not be sold
to persons under the age of 18 years.
The purpose of the Bill is to reduce the uptake of smoking amongst young people in Tasmania. Most
smokers commence smoking as children or adolescents, regret that decision, and find it hard to quit
in later life.
Tasmania has the worst smoking rates of any state in Australia and the situation is not improving.
According to the Australian Institute of Health and Welfare (AIHW) Tasmanian smoking rates have
not fallen since 2010. Over 500 Tasmanians die every year from smoking. According to the recently
released Tasmanian Tobacco Control Plan, 24.5 per cent of 18-24 year olds were current smokers.
Tobacco is the biggest killer of Tasmanians, far exceeding alcohol, illicit drugs, homicides, assaults,
traffic incidents and suicides added together.
The Bill ensures that the onus of selling these products is on the seller, not the purchaser.
Young people who attempt to buy cigarettes, tobacco or electronic vaping devices are not penalised.
Intending purchasers are obliged to provide age identification if requested by the seller.
In 1997 the age at which tobacco could be sold to minors was raised from 16 to 18 years, virtually
overnight. There was no phase in period, and young people who had bought cigarettes on one day
were not permitted to the next day.
In 2014 a Bill to create a Tobacco Free Generation (TFG) was introduced into the Legislative Council
by Hon. Ivan Dean, partly debated and examined by a Committee. That Bill would have phased out
the sale of tobacco products to any person born after the year 2000. The Bill lapsed with the
proroguing of Parliament for the 2018 election. The government has said that it will not support the
Tobacco Free Generation proposal.
This Bill has a phase in period, so that there is no sudden effect on adolescent smokers attempting to
purchase smoking products. Each year from its implementation the age at which tobacco products
can be sold, is raised until the final year at age 21 years.
The Bill provides for a review of its operation and the effects of the entire section of the Act relating
to sale of smoking products to children and adolescents. The Review to be conducted by the Director
of Public Health must be tabled in Parliament and may recommend changes.