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Tobacco Products Regulation (Exemptions)
Proclamation 2004
under section 71 of the Tobacco Products Regulation Act 1997
This proclamation may be cited as theTobacco Products Regulation
(Exemptions) Proclamation 2004.
This proclamation will come into operation on 6 December 2004.
(1) In this proclamation—
Act means the Tobacco Products Regulation
Act 1997;
Regulations means the Tobacco Products
Regulations 2004.
(2) A term used in this proclamation that is defined in section 47 of the
Act has the same meaning as in that section.
This proclamation applies —
(a) to the licensee of licensed premises (not being the casino) that
contain a gaming area in which gaming machines may be operated if the licensee
would, in order to enjoy the full benefit of the exceptions to the smoking ban
set out in section 47(2) and (3) of the Act, be required to remove or relocate
gaming machines in the gaming area; and
(b) to a person in such a gaming area.
5—Exemptions from section 46 of
the Act
A person to whom this proclamation applies is exempt from the operation of
section 46 of the Act subject to the following conditions:
(a) the exemption applies only to the gaming area;
(b) the exemption operates in the same way as the exceptions to the
smoking ban set out in section 47(2) and (3) of the Act but with those
provisions operating as if they were subject to the modifications set out in
Schedule 1.
6—Exemption from regulation 8(3)
of the Regulations
(1) A licensee to whom this proclamation applies is exempt from the
requirement under regulation 8(3) of the Regulations in relation to the gaming
area if—
(a) —
(i) until the end of October 2005—the licensee has affixed to the
side of not less than 25 per cent of the gaming machines in the gaming area (but
not so as to obscure an identification plate or manufacturing plate of a gaming
machine) the sign referred to in regulation 8(3) of the Regulations;
(ii) from the end of October 2005 until the end of October 2007—the
licensee has affixed to the side of not less than 50 per cent of the gaming
machines in the gaming area (but not so as to obscure an identification plate or
manufacturing plate of a gaming machine) the sign referred to in regulation 8(3)
of the Regulations; and
(b) the licensee has affixed to the side of any other gaming machine at
which smoking is not to be permitted (but not so as to obscure an identification
plate or manufacturing plate of a gaming machine) the sign set out in Schedule
2;
(2) The following requirements apply to the sign referred to in
subclause (1)(b):
(a) the dimensions of the sign must not exceed 150 mm x 105 mm;
and
(b) the circle and diagonal of the no smoking symbol must be printed in
red.
Schedule 1—Modifications
1—Modification of section
47(2)
Section 47(2)(b)(ii)—for subparagraph (ii) substitute:
(ii) not less than 25 per cent of the gaming machines in the gaming area
at which smoking is not permitted are separated from the designated smoking area
by not less than the width of one gaming machine; and
2—Modification of section
47(3)
Section 47(3)(b)(ii)—for subparagraph (ii) substitute:
(ii) not less than 50 per cent of the gaming machines in the gaming area
at which smoking is not permitted are separated from the designated smoking area
by not less than the width of one gaming machine; and
Schedule 2—Sign under clause
6(1)(b)
Made by the Governor
with the advice and consent of the Executive Council
on 2 December
2004
DHSC03/69CS
[Published in the Gazette on 2 December 2004 at page 4446]