Australian Capital Territory Numbered Acts

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Smoke-free areas

5. (1) Smoking is prohibited in an enclosed public place.

(2) Without limiting the generality of subsection (1), smoking is prohibited in any part of premises or a place of a kind described in Part I of the Schedule that is an enclosed public place (irrespective of the name by which the particular premises or place is known).

(3) Subsections (1) and (2) do not apply to a restaurant or part of licensed premises in respect of which a certificate of exemption has been granted under section 8 to the extent that the certificate exempts the restaurant or part from the operation of those subsections.

(4) Subsections (1) and (2) do not apply in relation to—

        (a)     a part of premises of a kind specified in Part II of the Schedule at the times or in the circumstances so specified in relation to that part; or

        (b)     a prescribed enclosed public place at the times or in the circumstances prescribed in relation to that place.

(5) Regulations made for the purposes of paragraph (4) (b) take effect—

        (a)     at the expiration of 90 days after the day on which they are notified in the Gazette ; or

        (b)     as provided in the regulations;

whichever is later.

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