TOBACCO CONTROL (AMENDMENT) BILL 2009

SECOND READING SPEECH

Hon Mathew Batsiua, Minister for Health
20 August 2009

Mr Speaker,

I have today introduced to this House a very short Bill to amend the Tobacco Control Act 2009. The Tobacco Control Act was passed by this House on 20 April 2009 and commenced three months later on 20 July 2009. 

Members will recall that the Tobacco Control Act employs the unusual device of providing for different provisions to come into force on different dates, because it was felt that whilst certain provisions could come into force straight away, certain other provisions required people to be given sufficient time to arrange their business affairs so that they can comply with the Act. For example, the ban on the sale of toys or confectionery that resemble tobacco products requires in the interests of fairness that business people who may have such products in stock be given sufficient time to sell remaining stock and to discontinue their orders of such products, before they can be expected to comply with the new rules. Hence, these particular provisions of the Act come into force several months later than the primary commencement date. 

Similarly, the new legislative requirements for prescribed health warnings to be printed on the packaging of all tobacco products sold in Nauru requires a certain amount of lead-time in order for manufacturers, importers and retailers of tobacco products to be able to comply. Manufacturers need time to prepare and print new packaging, and retailers need to sell existing stock and order and receive the new stock once the manufacturer has it ready to dispatch. 

The Bill proposes only one amendment to the principal Act, which is to amend the date on which section 6 of the Act will come into effect. 

Section 6 of the principal Act concerns information to be printed on packages of tobacco products. It provides:
 
‘Any person who sells any tobacco product in any package which is not marked in accordance with the regulations commits an offence.’ 

The Tobacco Control Regulations, which were tabled in this House on Tuesday 18 August 2009, contain detailed provisions about the health warnings that must be printed on tobacco products sold in Nauru. According to the commencement provisions of the Tobacco Control Act 2009 – which are contained in section 1 and Schedule 1 of the Act - Section 6 of the Act and the corresponding provisions within the Regulations come into force 6 months after certification of the Act, which means that they would come into effect on 20 October 2009. The effect of clause 3 of the proposed amendment Bill, would be that Schedule 1 of the Tobacco Control Act would be amended in its application to section 6 of the Act, so that section 6 would come into force 12 months after certification. This means the new requirements for health warnings on tobacco product packaging would come into force on 20 April 2010 instead of 20 October 2009.

This amendment is being proposed because it has become apparent that it will not be possible for manufacturers and retailers to have newly packaged tobacco products that meet the requirements of the Tobacco Control Act and Regulations on the Nauruan market by 20 October 2009. Representatives of the Health Department and Parliament have met with industry representatives to discuss compliance with the new labeling requirements, and government is satisfied that industry is attempting in good faith to comply with the new requirements as expeditiously as possible, and that 20 April 2010 represents a more fair, realistic and achievable deadline.

The Bill is accompanied by an explanatory memorandum which sets out the purpose and effect of the Bill.

I commend this Bill to the House. 

Thank-you Mr Speaker.