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Tobacco Products Regulation (Exemption)
Proclamation 2009
under section 71 of the Tobacco Products Regulation Act 1997
This proclamation may be cited as the Tobacco Products Regulation
(Exemption) Proclamation 2009.
In this proclamation—
Act means the Tobacco Products Regulation
Act 1997;
prescribed production means the stage production of Three
Dog Night produced by Auspicious Arts Project Inc and performed during the
period ending 30 April 2009.
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;
(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 5 February
2009
HEAC-2009-00001
[Published in the Gazette on 5 February 2009 at page 543]