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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Miscellaneous) Amendment
Bill 2008
A BILL FOR
An Act to amend the Local Government Act 1999.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Local Government
Act 1999
3 Insertion of section
240A
240A By-laws about smoking
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Government (Miscellaneous) Amendment
Act 2008.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Local Government
Act 1999
After section 240 insert:
240A—By-laws about smoking
(1) A council may make by-laws prohibiting smoking in a specified public
place.
(2) A by-law under this section does not operate in relation to a public
place that is subject to a licence under the Liquor Licensing
Act 1997.
(3) A council must fix the following penalties for a breach of a by-law
made under this section:
(a) a maximum penalty of $200; and
(b) an expiation fee of $20.
(4) If a council makes a by-law under this section, notices setting out
the effect of the by-law must be erected in such numbers and in positions of
such prominence that the signs are likely to be seen by persons within the
public place.
(5) To avoid doubt, a by-law under this section is not inconsistent with
the Tobacco Products Regulation Act 1997 merely because it prohibits
smoking in a place in which smoking is not banned under that Act.
(6) Despite section 6 of the Expiation of Offences Act 1996,
an expiation notice for a by-law made under this section may be given to a child
who has attained the age of 15 years.