Australian Capital Territory Numbered Acts

SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) AMENDMENT ACT 2005 (NO. 6 OF 2005) - SECT 8

substitute

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

Examples of public places

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.

Examples

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.