2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

2004

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Health)

An Act to amend the Smoking (Prohibition in Enclosed Public Places) Act 2003

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2004.

This Act commences on 1 December 2006.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Smoking (Prohibition in Enclosed Public Places) Act 2003.

The object of this Act is to promote public health by minimising the exposure of people in enclosed public places to environmental smoke.

(1) For this Act, smoke means smoke from an ignited smoking product.

(2) For this Act, a person smokes if the person—

(a) directly puffs smoke, whether or not the person uses a device designed for the inhalation of smoke by a smoker; or

(b) holds or has control over a smoking product while it is ignited.

1 a cigarette holder

2 a pipe (including a water pipe or bong)

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

section 7 (1)

section 6

The occupier of premises on which there is an enclosed public place commits an offence if the occupier fails to take reasonable steps to prevent smoke entering the enclosed public place from another part of the premises occupied by the occupier.

Maximum penalty: 10 penalty units.

The occupier of premises commits an offence if the occupier fails to take reasonable steps to prevent smoke from the premises entering an enclosed public place on other premises.

Maximum penalty: 10 penalty units.

enclosed public place means a public place, or part of a public place, that is enclosed as prescribed by regulation.

The following may be public places (see definition of public place):

1 business premises, including professional, trade and commercial premises

2 a cinema or theatre

3 a club, hotel or motel

4 a community centre, hall or public library

5 government premises

6 a hostel or nursing home

7 a place of worship

8 a public transportation vehicle (including, a bus, taxi or boat)

9 a restaurant or cafeteria

10 a school, college or university

11 a shopping centre, mall or plaza

12 sporting or recreational premises

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

occupier, of premises or a part of premises (including an enclosed public place), means a person having the management or control, or otherwise being in charge, of the premises or part of the premises.

public place means a place to which the public or a section of the public has access, whether—

(a) by payment, membership of a body or otherwise; or

(b) by entitlement or permission.

The places, or parts of the places, mentioned in the examples for the definition of enclosed public place may be public places.

smoke—see section 5B.

Presentation speech made in the Legislative Assembly on 2004.

Notified under the Legislation Act on 2004.

For the latest republication of amended laws, see www.legislation.act.gov.au.