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This is a Bill, not an Act. For current law, see the Acts databases.
SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Smoking
(Prohibition in Enclosed Public Places) Amendment Bill
2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Smoking (Prohibition
in Enclosed Public Places) Amendment Bill 2004
A Bill for
An Act to amend the
Smoking (Prohibition in
Enclosed Public Places) Act 2003
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Smoking (Prohibition in Enclosed Public Places)
Amendment Act 2004.
This Act commences on 1 December 2006.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Smoking (Prohibition in Enclosed Public Places) Act
2003.
insert
Part 1A Important
concepts
5A Object
The object of this Act is to promote public health by minimising the
exposure of people in enclosed public places to environmental smoke.
5B Meaning of smoke
(1) For this Act, smoke means smoke from an ignited smoking
product.
(2) For this Act, a person smokes if the
person—
(a) directly puffs smoke, whether or not the person uses a device designed
for the inhalation of smoke by a smoker; or
(b) holds or has control over a smoking product while it is
ignited.
Examples of devices for par
(a)
1 a cigarette holder
2 a pipe (including a water pipe or bong)
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
substitute
8 Offence by occupier—person smoking in
enclosed public place
omit
section 7 (1)
substitute
section 6
substitute
8A Offence by occupier—permitting smoke into
enclosed public place from another part of premises
The occupier of premises on which there is an enclosed public place
commits an offence if the occupier fails to take reasonable steps to prevent
smoke entering the enclosed public place from another part of the premises
occupied by the occupier.
Maximum penalty: 10 penalty units.
9 Offence by neighbouring
occupier
The occupier of premises commits an offence if the occupier fails to take
reasonable steps to prevent smoke from the premises entering an enclosed public
place on other premises.
Maximum penalty: 10 penalty units.
8 Dictionary,
definitions of enclosed public place, occupier, public place
and smoke
substitute
enclosed public place means a public place, or part of a
public place, that is enclosed as prescribed by regulation.
Examples of public
places
The following may be public places (see definition of
public place):
1 business premises, including professional, trade and commercial
premises
2 a cinema or theatre
3 a club, hotel or motel
4 a community centre, hall or public library
5 government premises
6 a hostel or nursing home
7 a place of worship
8 a public transportation vehicle (including, a bus, taxi or
boat)
9 a restaurant or cafeteria
10 a school, college or university
11 a shopping centre, mall or plaza
12 sporting or recreational premises
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
occupier, of premises or a part of premises (including an
enclosed public place), means a person having the management or control, or
otherwise being in charge, of the premises or part of the premises.
public place means a place to which the public or a section
of the public has access, whether—
(a) by payment, membership of a body or otherwise; or
(b) by entitlement or permission.
Examples
The places, or parts of the places, mentioned in the examples for the
definition of enclosed public place may be public
places.
smoke—see section 5B.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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