Australian Capital Territory Repealed Acts

This legislation has been repealed.

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) ACT 1994 (REPEALED) - SECT 8

    (1)     On receiving an application in accordance with this Act, 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 subsection (1) (a) unless—

        (a)     satisfied that—

              (i)     smoking is to be prohibited in not less than 75% of the public area of the restaurant; and

              (ii)     the restaurant is fitted with 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 equipment; and

              (ii)     monitor air quality within the premises.

    (3)     The Minister shall not grant a certificate under subsection (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; and

              (ii)     is clearly defined in the application and is (or, if the application is approved, will be) a clearly defined area in the licensed premises; and

              (iii)     is within premises that are fitted with 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 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.