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This is a Bill, not an Act. For current law, see the Acts databases.


TOBACCO PRODUCTS REGULATION (OUTDOOR EATING AREAS) AMENDMENT BILL 2007

South Australia

Tobacco Products Regulation (Outdoor Eating Areas) Amendment Bill 2007

A BILL FOR

An Act to amend the Tobacco Products Regulation Act 1997.


Contents

Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions

Part 2—Amendment of Tobacco Products Regulation Act 1997
4 Insertion of section 46A
46A Smoking banned in outdoor eating areas


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Tobacco Products Regulation (Outdoor Eating Areas) Amendment Act 2007.

2—Commencement

This Act will come into operation on 1 November 2007.

3—Amendment provisions

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 Tobacco Products Regulation Act 1997

4—Insertion of section 46A

After section 46 insert:

46A—Smoking banned in outdoor eating areas

(1) Subject to this section, smoking is banned in an outdoor eating area at any time during which food is being eaten, or is otherwise present, in the area.

(2) If a person smokes in contravention of subsection (1), the person is guilty of an offence.

Maximum penalty: $200.

Expiation fee: $75.

(3) It is not a defence to an offence against subsection (2) that the defendant was also eating at the time of the contravention.

(4) If smoking occurs in an outdoor eating area in contravention of subsection (1), the occupier of the area is guilty of an offence.

Maximum penalty: $1 250.

Expiation fee: $160.

(5) It is a defence to an offence against subsection (4) if the defendant proves—

(a) that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred; and

(b) that—

(i) he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

(ii) he or she requested the person smoking to stop smoking and informed the person that the person was committing an offence.

(6) The Minister may, by notice in writing, exempt a person or a class of persons from the operation of this section subject to such conditions as may be set out in the notice.

(7) The Minister may, by further notice in writing, vary or revoke an exemption under this section.

(8) For the purposes of this section, a reference to food does not include a reference to—

(a) pre-packaged snack foods (including foods such as chips or confectionaries but not including more substantial foods such as pastries and sandwiches); or

(b) food provided at no charge in licensed premises for consumption by all customers of the premises; or

(c) drinks; or

(d) any other foods or classes of foods excluded by the regulations from the ambit of this subsection.

(9) For the purposes of this section, it is not relevant whether food being eaten, or otherwise being present, in an outdoor eating area constitutes a genuine meal eaten by a person seated at a table.

(10) For the purposes of this section, it is not relevant whether food being eaten, or otherwise being present, in an outdoor eating area was served from a food service counter or food business in the area.

(11) For the purposes of subsection (4), a reference to an occupier of an area includes, in the case of an area that is a shared area of a food court for the consumption of food, a reference to—

(a) the occupier of each food business in the food court; and

(b) the lessor of the premises comprising the food court.

(12) For the purposes of this section, an area that comprises a single table setting located—

(a) in an open space recreation area;

(b) in a roadside rest area; or

(c) in any other area prescribed by the regulations,

will be taken not to be an outdoor eating area.

(13) In this section—

food business, in relation to a food court, means the occupier of premises in the food court whose ordinary business is the sale of food by retail for consumption in a shared area for the consumption of such food;

food court means a multi-unit premises in which multiple food businesses sell food and in relation to which a shared area for the consumption of such food is provided;

food service counter means a fixed counter across which food is supplied directly to customers;

licensed premises means premises that are the subject of a licence in force under the Liquor Licensing Act 1997;

outdoor eating area—an area is an outdoor eating area if—

(a) the area is a public place, workplace or shared area (not being an enclosed public place, workplace or shared area); and

(b) the area—

(i) in relation to a food court—is a shared area of a food court for the consumption of food; or

(ii) in any other case—is intended for use (whether or not exclusively) for the consumption of food.

 


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