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South Australia
Tobacco Products Regulation (Exemption—Misery) Proclamation 2012
under section 71 of the Tobacco Products Regulation Act 1997
1—Short title
This proclamation may be cited as the Tobacco Products Regulation (Exemption—Misery) Proclamation 2012.
2—Commencement
This proclamation comes into operation on the day on which it is made.
3—Interpretation
In this proclamation—
Act means the Tobacco Products Regulation Act 1997;
prescribed period means the period commencing on 3 March 2012 and ending on 24 March 2012;
prescribed production means the stage production of Misery produced by Guy Masterson's Centre for International Theatre (CIT) in association with Mr Michael Allen and Ms Joanne Hartstone.
This proclamation applies to the following persons:
(a) a person employed by, or in relation to, the prescribed production;
(b) an occupier of Higher Ground, Light Square, Adelaide;
(c) an employer with responsibility for a workplace consisting of Higher Ground in relation to the prescribed production.
5—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 during the prescribed period.
(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 27 January
2012
HEAC-2011-00085
[Published in the Gazette on 27 January 2012 at page 385]