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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Tobacco Legislation Amendment
Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Smoke-free Environment Act 2000 No 69 3
Schedule 2 Amendment of Health Services Act 1997 No 154 9
b2012-001-20.d28
New South Wales
Tobacco Legislation Amendment
Bill 2012
No , 2012
A Bill for
An Act to amend the Smoke-free Environment Act 2000 to provide for the regulation
of smoking in certain outdoor public places and to make further provision for
proceedings for offences under that Act; and to amend the Health Services Act 1997
to provide for the regulation of smoking at public health establishments.
Clause 1 Tobacco Legislation Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Tobacco Legislation Amendment Act 2012. 3
2 Commencement 4
This Act commences on 7 January 2013. 5
Page 2
Tobacco Legislation Amendment Bill 2012
Amendment of Smoke-free Environment Act 2000 No 69 Schedule 1
Schedule 1 Amendment of Smoke-free Environment 1
Act 2000 No 69 2
[1] Long title 3
Omit "enclosed". Insert instead "certain". 4
[2] Section 3 Object of Act 5
Omit "enclosed". Insert instead "certain". 6
[3] Section 4 Definitions 7
Insert in alphabetical order: 8
commercial outdoor dining area has the meaning given in 9
section 4A. 10
[4] Section 4, definition of "enclosed public place" 11
Omit the definition of enclosed. Insert instead: 12
enclosed public place means a public place that has a ceiling or 13
roof and, except for doors and passageways, is completely or 14
substantially enclosed, whether permanently or temporarily. 15
[5] Section 4, definition of "outdoor public place" 16
Insert in alphabetical order: 17
outdoor public place means a public place that is not an enclosed 18
public place. 19
[6] Section 4, definition of "smoke-free area" 20
Omit the definition. Insert instead: 21
smoke-free area means a smoke-free area under section 6 or 6A. 22
[7] Section 4A 23
Insert after section 4: 24
4A Commercial outdoor dining areas 25
(1) In this Act, commercial outdoor dining area means an outdoor 26
public place that is: 27
(a) a seated dining area, or 28
(b) within 4 metres of a seated dining area on premises that are 29
licensed premises under the Liquor Act 2007 or the 30
premises of a restaurant as defined in that Act, or 31
Page 3
Tobacco Legislation Amendment Bill 2012
Schedule 1 Amendment of Smoke-free Environment Act 2000 No 69
(c) within 10 metres of a place at a food fair where food is sold 1
or supplied for consumption at the event, with a food fair 2
being an organised event at which the principal activities 3
are the sale or supply of food for consumption at the event 4
and the consumption of that food. 5
(2) A seated dining area is an area in which seating is provided and 6
in which food that has been purchased and served on plates or 7
packaged for immediate consumption is consumed. The seating 8
must have been provided by the occupier of the premises where 9
the food is purchased or by the operator of the business from 10
which the food is purchased. 11
(3) An area is only a seated dining area when food is being consumed 12
there or is available to be purchased and consumed there. 13
(4) An area is not a seated dining area if the area is designated as not 14
being for the consumption of food by the display within the area 15
of signs complying with the regulations. 16
(5) The occupier of an area designated for the purposes of 17
subsection (4) as not being for the consumption of food must take 18
reasonable steps to ensure that the consumption of food does not 19
occur in the area. 20
Maximum penalty: 21
(a) 10 penalty units, in the case of a natural person, or 22
(b) 50 penalty units, in the case of a body corporate. 23
(6) In this section, food does not include drink. 24
[8] Sections 6 and 6A 25
Omit section 6. Insert instead: 26
6 Smoke-free areas--enclosed public places 27
(1) Every enclosed public place is a smoke-free area for the 28
purposes of this Act. 29
(2) Schedule 1 contains a list of examples of enclosed public places 30
that are smoke-free areas (irrespective of the name by which the 31
particular place is known). 32
(3) An enclosed public place is not a smoke-free area if it is an 33
exempt area (see section 11). 34
Page 4
Tobacco Legislation Amendment Bill 2012
Amendment of Smoke-free Environment Act 2000 No 69 Schedule 1
6A Smoke-free areas--outdoor public places 1
(1) An outdoor public place is a smoke-free area for the purposes of 2
this Act if it is any of the following places (or part of any of those 3
places): 4
(a) a place that is within 10 metres of children's play 5
equipment but only if the children's play equipment is in 6
an outdoor public place, 7
(b) a swimming pool complex, 8
(c) an area set aside for or being used by spectators to watch 9
an organised sporting event at a sports ground or other 10
recreational area, but only when an organised sporting 11
event is being held there, 12
(d) the platform of a passenger railway or light rail station, 13
(e) a ferry wharf, 14
(f) a light rail stop (with light rail stop to include any area 15
where persons queue or gather when waiting at a light rail 16
stop), 17
(g) a bus stop (with bus stop to include any area where persons 18
queue or gather when waiting at a bus stop), 19
(h) a taxi rank (with taxi rank to include any area where 20
persons queue or gather when waiting at a taxi rank), 21
(i) a place that is within 4 metres of a pedestrian access point 22
to a building (as provided by subsection (2)), 23
Note. A place within 4 metres of a pedestrian access point to 24
licensed premises or a restaurant is not a smoke-free area until 25
6 July 2015. 26
(j) a commercial outdoor dining area, 27
Note. A commercial outdoor dining area is not a smoke-free area 28
until 6 July 2015. 29
(k) a place at a public hospital, health institution or health 30
service under the Health Services Act 1997 that is 31
designated as a smoke-free area by a by-law or regulation 32
under that Act and notified by signs displayed in, or at an 33
entrance to, any such area, 34
(l) any other outdoor public place that is prescribed by the 35
regulations as a smoke-free area. 36
Page 5
Tobacco Legislation Amendment Bill 2012
Schedule 1 Amendment of Smoke-free Environment Act 2000 No 69
(2) A pedestrian access point is an entrance to or exit from a 1
building for use by pedestrians, but does not include: 2
(a) an entrance to or exit from a building that is used only for 3
residential purposes (including a boarding house and a 4
building in a caravan park), or 5
(b) an entrance to or exit from a building that is used partly for 6
residential purposes and partly for other purposes if the 7
entrance or exit concerned is used solely for entry to or exit 8
from that part of the building that is used for residential 9
purposes, or 10
(c) an emergency exit that is locked to entry. 11
(3) It is a defence to a prosecution for the offence of smoking in a 12
smoke-free area that is a light rail stop, bus stop, taxi rank or 13
within 4 metres of a pedestrian access point to a building if it is 14
established that the accused was smoking only while passing 15
through the smoke-free area and did not remain in the smoke-free 16
area while smoking. 17
(4) The regulations may exempt a specified outdoor public place or 18
class of outdoor public places from being a smoke-free area 19
under this section. 20
[9] Section 8 Occupier not to allow smoking in certain smoke-free areas 21
Omit section 8 (1). Insert instead: 22
(1) If a person smokes in contravention of section 7 in any of the 23
following smoke-free areas, the occupier of the smoke-free area 24
is guilty of an offence: 25
(a) any enclosed public place, 26
(b) a commercial outdoor dining area. 27
Maximum penalty: 28
(a) 10 penalty units, in the case of a natural person, or 29
(b) 50 penalty units, in the case of a body corporate. 30
[10] Section 9 Occupier to display signs 31
Insert after section 9 (2): 32
(3) The following outdoor public places are exempt from 33
subsection (1): 34
(a) a place that is within 10 metres of children's play 35
equipment, 36
Page 6
Tobacco Legislation Amendment Bill 2012
Amendment of Smoke-free Environment Act 2000 No 69 Schedule 1
(b) a sports ground or other recreational area, unless the 1
regulations otherwise provide in a particular case or class 2
of cases, 3
(c) a light rail stop, 4
(d) a bus stop, 5
(e) a taxi rank, 6
(f) a place that is a smoke-free area because it is within 7
4 metres of a pedestrian access point to a building. 8
(4) The Director-General may enter into arrangements with any 9
government or local government agency or body for the display 10
of signs relating to smoking in an outdoor public place that is 11
exempt from subsection (1) and in respect of which the 12
government or local government agency or body is the occupier. 13
[11] Section 20 Proceedings for offences 14
Insert at the end of the section: 15
(2) Proceedings for an offence against this Act or the regulations 16
may only be brought by: 17
(a) the Director-General, or 18
(b) a person or a member of a class of persons prescribed by 19
the regulations for the purposes of this section. 20
Note. Section 21 of the Health Administration Act 1982 provides for the 21
delegation of a function of the Director-General. 22
Section 20A provides for inspectors to serve penalty notices. 23
[12] Section 21 Act does not create right to smoke 24
Omit "an enclosed public place". Insert instead "a public place". 25
[13] Section 21A Compensation not payable 26
Omit "the Smoke-free Environment Amendment Act 2004" from 27
section 21A (1) (a). 28
Insert instead "any Act that amends this Act". 29
[14] Section 21A (1) (c) 30
Omit "enclosed". 31
[15] Section 23 Regulations 32
Omit "enclosed" from section 23 (2) (a) and (c) wherever occurring. 33
Page 7
Tobacco Legislation Amendment Bill 2012
Schedule 1 Amendment of Smoke-free Environment Act 2000 No 69
[16] Schedule 2 Savings, transitional and other provisions 1
Omit clause 1 (1). Insert instead: 2
(1) The regulations may contain provisions of a savings or 3
transitional nature consequent on the enactment of this Act or any 4
Act that amends this Act. 5
[17] Schedule 2, Part 2 6
Insert as Part 2: 7
Part 2 Provisions consequent on enactment of 8
Tobacco Legislation Amendment Act 2012 9
2 Commercial outdoor dining areas 10
A commercial outdoor dining area is not a smoke-free area until 11
6 July 2015. 12
3 Licensed premises and restaurants--pedestrian access points 13
A place that is within 4 metres of a pedestrian access point to a 14
building that is licensed premises under the Liquor Act 2007 or a 15
restaurant as defined in that Act is not a smoke-free area under 16
section 6A (1) (i) until 6 July 2015 (even if the place would 17
otherwise be a smoke-free area as a result of being within 18
4 metres of a pedestrian access point to another building that is 19
not licensed premises or a restaurant). 20
Page 8
Tobacco Legislation Amendment Bill 2012
Amendment of Health Services Act 1997 No 154 Schedule 2
Schedule 2 Amendment of Health Services Act 1997 1
No 154 2
[1] Section 39 Local health district may make by-laws 3
Insert after section 39 (1) (c): 4
(d) regulating or prohibiting smoking at any public hospital, 5
health institution or health service under its control, 6
including by designating an area as a smoke-free area for 7
the purposes of section 6A (Smoke-free areas--outdoor 8
public places) of the Smoke-free Environment Act 2000, 9
[2] Section 60 Statutory health corporation may make by-laws 10
Insert after section 60 (1) (c): 11
(d) regulating or prohibiting smoking at any public hospital, 12
health institution or health service under its control, 13
including by designating an area as a smoke-free area for 14
the purposes of section 6A (Smoke-free areas--outdoor 15
public places) of the Smoke-free Environment Act 2000, 16
[3] Section 140 Regulations 17
Insert after section 140 (2) (n): 18
(o) regulating or prohibiting smoking at any public hospital 19
controlled by the Crown (including the Minister or the 20
Health Administration Corporation), including by 21
designating an area as a smoke-free area for the purposes 22
of section 6A (Smoke-free areas--outdoor public places) 23
of the Smoke-free Environment Act 2000. 24
[4] Schedule 7 Savings, transitional and other provisions 25
Omit clause 1 (1). Insert instead: 26
(1) The regulations may contain provisions of a savings or 27
transitional nature consequent on the enactment of this Act or any 28
Act that amends this Act. 29
Page 9
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