Australian Capital Territory Numbered Acts

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) (NO. 63 OF 1994) - SECT 8

8. (1) On receiving an application in accordance with section 7 and subject to this section, the Minister shall—

        (a)     if the application relates to a restaurant—grant a certificate for the restaurant; or

        (b)     if the application relates to part of licensed premises—grant a certificate of exemption for that part.

(2) The Minister shall not grant a certificate under paragraph (1) (a) unless—

        (a)     satisfied that the restaurant to which the application relates is fitted with air cleaning equipment capable of maintaining air quality in accordance with Australian Standard 1668.2; and

        (b)     the occupier agrees to allow inspectors to—

              (i)     regularly inspect the air cleaning equipment; and

              (ii)     monitor air quality within the premises.

(3) The Minister shall not grant a certificate under paragraph (1) (b) unless—

        (a)     satisfied that the part of the premises to which the application relates—

              (i)     is not greater than 50% of the public area of the premises;

              (ii)     is a clearly defined area; and

              (iii)     is fitted with air cleaning equipment capable of maintaining air quality in accordance with Australian Standard 1668.2; and

        (b)     the occupier agrees to allow inspectors to—

              (i)     regularly check the air cleaning equipment; and

              (ii)     monitor air quality within the premises.

(4) Where the Minister grants a certificate of exemption under this section he or she shall enter the details of the exemption in the register.