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South Australian Proclamations and Notices

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Tobacco Products Regulation (Exemption) Proclamation 2008

under section 71 of the Tobacco Products Regulation Act 1997

1—Short title

This proclamation may be cited as the Tobacco Products Regulation (Exemption) Proclamation 2008.

2—Interpretation

In this proclamation—

Act means the Tobacco Products Regulation Act 1997;

prescribed production means the stage production of Rigoletto produced by the South Australian Opera Company and performed during the period ending 31 December 2008.

3—Application of proclamation

This proclamation applies to the following persons:

(a) a person employed by, or in relation to, the prescribed production;

(b) an occupier of the Adelaide Festival Centre; and

(c) an employer with responsibility for a workplace consisting of the Adelaide Festival Centre in relation to the prescribed production.

4—Exemption from section 46 of the Act

(1) A person to whom this proclamation applies is exempt from the operation of section 46 of the Act in relation to smoking occurring in the course of a performance, or rehearsal, of the prescribed production.

(2) An exemption under this clause is subject to the following conditions:

(a) smoking may only occur on a stage on which the prescribed production is being performed or rehearsed, or in a rehearsal room used in relation to the prescribed production;

(b) the area in which smoking may occur under the exemption must be well ventilated;

(c) a person may only smoke a tobacco product of a kind contemplated by paragraph (g) of the definition of tobacco product in section 4 of the Act.

(3) If a person contravenes or fails to comply with a condition of an exemption specified in subclause (2), the exemption does not, while the contravention or non-compliance continues, operate in that person's favour.

Made by the Governor

with the advice and consent of the Executive Council
on 6 November 2008

HEACS/08/321

[Published in the Gazette on 6 November 2008 at page 5058]


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