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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Tobacco Products Regulation (Outdoor Eating Areas)
Amendment Bill 2007
A BILL FOR
An Act to amend the Tobacco Products Regulation
Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Tobacco Products Regulation
Act 1997
4 Insertion of section
46A
46A Smoking banned in outdoor eating
areas
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Tobacco Products Regulation (Outdoor Eating
Areas) Amendment Act 2007.
This Act will come into operation on 1 November 2007.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Tobacco Products Regulation
Act 1997
After section 46 insert:
46A—Smoking banned in outdoor eating
areas
(1) Subject to this section, smoking is banned in an outdoor eating area
at any time during which food is being eaten, or is otherwise present, in the
area.
(2) If a person smokes in contravention of subsection (1), the person
is guilty of an offence.
Maximum penalty: $200.
Expiation fee: $75.
(3) It is not a defence to an offence against subsection (2) that the
defendant was also eating at the time of the contravention.
(4) If smoking occurs in an outdoor eating area in contravention of
subsection (1), the occupier of the area is guilty of an offence.
Maximum penalty: $1 250.
Expiation fee: $160.
(5) It is a defence to an offence against subsection (4) if the
defendant proves—
(a) that he or she did not provide an ashtray, matches, a lighter or any
other thing designed to facilitate smoking where the contravention occurred;
and
(b) that—
(i) he or she was not aware, and could not reasonably be expected to have
been aware, that the contravention was occurring; or
(ii) he or she requested the person smoking to stop smoking and informed
the person that the person was committing an offence.
(6) The Minister may, by notice in writing, exempt a person or a class of
persons from the operation of this section subject to such conditions as may be
set out in the notice.
(7) The Minister may, by further notice in writing, vary or revoke an
exemption under this section.
(8) For the purposes of this section, a reference to food
does not include a reference to—
(a) pre-packaged snack foods (including foods such as chips or
confectionaries but not including more substantial foods such as pastries and
sandwiches); or
(b) food provided at no charge in licensed premises for consumption by all
customers of the premises; or
(c) drinks; or
(d) any other foods or classes of foods excluded by the regulations from
the ambit of this subsection.
(9) For the purposes of this section, it is not relevant whether food
being eaten, or otherwise being present, in an outdoor eating area constitutes a
genuine meal eaten by a person seated at a table.
(10) For the purposes of this section, it is not relevant whether food
being eaten, or otherwise being present, in an outdoor eating area was served
from a food service counter or food business in the area.
(11) For the purposes of subsection (4), a reference to an
occupier of an area includes, in the case of an area that is a
shared area of a food court for the consumption of food, a reference
to—
(a) the occupier of each food business in the food court; and
(b) the lessor of the premises comprising the food court.
(12) For the purposes of this section, an area that comprises a single
table setting located—
(a) in an open space recreation area;
(b) in a roadside rest area; or
(c) in any other area prescribed by the regulations,
will be taken not to be an outdoor eating area.
(13) In this section—
food business, in relation to a food court, means the
occupier of premises in the food court whose ordinary business is the sale of
food by retail for consumption in a shared area for the consumption of such
food;
food court means a multi-unit premises in which multiple food
businesses sell food and in relation to which a shared area for the consumption
of such food is provided;
food service counter means a fixed counter across which food
is supplied directly to customers;
licensed premises means premises that are the subject of a
licence in force under the Liquor Licensing Act 1997;
outdoor eating area—an area is an outdoor eating area
if—
(a) the area is a public place, workplace or shared area (not being an
enclosed public place, workplace or shared area); and
(b) the area—
(i) in relation to a food court—is a shared area of a food court for
the consumption of food; or
(ii) in any other case—is intended for use (whether or not
exclusively) for the consumption of food.