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TASMANIA
__________
PUBLIC HEALTH AMENDMENT BILL 2004
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - PUBLIC HEALTH ACT 1997 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Meaning of "nightclub or cabaret"
6. Section 67B amended (Smoke-free areas)
7. Section 67E amended (Signs)
8. Section 67F substituted
67F. Amenity of smoke-free areas
PART 3 - PUBLIC HEALTH ACT 1997 FURTHER
AMENDED
9. Principal Act
10. Section 3 amended (Interpretation)
11. Section 3A substituted
3A. Meaning of "outdoor smoking area"
12. Section 67B amended (Smoke-free areas)
[Bill 56]-X
13. Section 67E amended (Signs)
14. Section 67F substituted
67F. Amenity of smoke-free areas
2
PUBLIC HEALTH AMENDMENT BILL 2004
(Brought in by the Minister for Health and Human
Services, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Public Health Act 1997
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Public Health Amendment
Act 2004.
Commencement
2. (1) This Act, other than Part 3, commences on
1 January 2005.
(2) Part 3 commences on 1 January 2006.
[Bill 56] 3
s. 3 No. Public Health Amendment 2004
PART 2 - PUBLIC HEALTH ACT 1997 AMENDED
Principal Act
3. In this Part, the Public Health Act 1997* is referred to
as the Principal Act.
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "multiple-use building":
"nightclub or cabaret" has the
meaning given by section 3A;
(b) by inserting the following definition after the
definition of "occupier":
"outdoor dining area" means an area
that is not enclosed and that
contains tables or seating provided
by the occupier of licensed
premises, a restaurant, a cafe, a
snack bar or a takeaway food shop
for the use of its customers while
consuming solid food;
(c) by inserting the following definition after the
definition of "smoke-free area":
"solid food" means food other than
confectionery or beverages;
*No. 86 of 1997
4
2004 Public Health Amendment No. s. 5
(d) by inserting the following definition after the
definition of "specialist tobacconist premises":
"takeaway food shop" means
premises where the primary
function is the sale of solid food
that is ready for immediate
consumption with the intention
that the food will be consumed
elsewhere than in those premises;
Section 3A inserted
5. After section 3 of the Principal Act, the following
section is inserted in Part 1:
Meaning of "nightclub or cabaret"
3A. (1) In this Act, a bar area is a nightclub or
cabaret if -
(a) liquor is sold in that bar area ancillary
to -
(i) continuous entertainment
provided live by artists present in
person performing there; or
(ii) continuous entertainment
provided by way of recorded music
presented personally by a person
employed or engaged to do so; or
(iii) the provision for the purposes of
dancing of a dance area and
continuous live music presented
by artists present in person
performing there or continuous
recorded music presented either
5
s. 5 No. Public Health Amendment 2004
personally by a person employed
or engaged to do so or by any other
means; or
(b) the Minister has determined under
subsection (3) that it is a nightclub or
cabaret.
(2) In this Act, a bar area is not a nightclub or
cabaret if -
(a) it is not a bar area described in
subsection (1)(a); or
(b) the Minister has determined under
subsection (3) that it is not a nightclub
or cabaret.
(3) The Minister, by written notice provided to
the holder of a permit or licence under the Liquor
Licensing Act 1990, may determine whether a bar
area is or is not a nightclub or cabaret as described
in subsection (1)(a) if a dispute between the holder of
the permit or licence and the Director arises as to
whether or not the bar area is a nightclub or
cabaret.
(4) This section does not prevent a bar area
that is a nightclub or cabaret from being a bar area
that is not a nightclub or cabaret during any periods
when liquor is sold in the bar area otherwise than as
ancillary to the provision of continuous
entertainment or continuous music as specified in
subsection (1)(a).
(5) For the purpose of determining whether or
not entertainment or music is continuous, the
following periods are not to be taken into account:
(a) reasonable intervals between acts;
6
2004 Public Health Amendment No. s. 6
(b) reasonable intervals between the
performances of artists;
(c) reasonable intervals between sets of
recorded music;
(d) a reasonable period when people are
being admitted to the area prior to the
commencement of the continuous
entertainment or continuous music;
(e) a reasonable period after the end of the
continuous entertainment or continuous
music when people are leaving the area.
Section 67B amended (Smoke-free areas)
6. Section 67B of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(g) "bar." and
substituting "bar;";
(b) by inserting the following paragraphs after
paragraph (g) in subsection (1):
(h) a nightclub or cabaret;
(i) a gaming area;
(j) in an outdoor dining area where
tables are provided, an area
consisting of not less than 50% of
those tables, grouped together in
one part of that dining area;
(k) in an outdoor dining area where
no tables are provided, an area
consisting of not less than 50% of
the seating in that dining area,
7
s. 7 No. Public Health Amendment 2004
grouped together in one part of
that dining area.
(c) by omitting paragraph (e) from subsection (2)
and substituting the following paragraphs:
(e) in an outdoor dining area where
tables are provided, an area
consisting of not more than 50% of
those tables, grouped together in
one part of that dining area;
(f) in an outdoor dining area where
no tables are provided, an area
consisting of not more than 50% of
the seating in that dining area,
grouped together in one part of
that dining area.
Section 67E amended (Signs)
7. Section 67E(2) of the Principal Act is amended by
omitting "or gaming area".
Section 67F substituted
8. Section 67F of the Principal Act is repealed and the
following section is substituted:
Amenity of smoke-free areas
67F. (1) The operator of premises to which a permit
or licence under the Liquor Licensing Act 1990
relates must ensure that any smoke-free area in a
bar area is not of inferior amenity to any bar area in
the same premises in which smoking is permitted.
Penalty: Fine not exceeding -
8
2004 Public Health Amendment No. s. 8
(a) in the case of a natural person, 10
penalty units; or
(b) in the case of a body corporate, 50
penalty units.
(2) The occupier of an outdoor dining area
must ensure that any smoke-free area in the outdoor
dining area is not of inferior amenity to any area in
the outdoor dining area in which smoking is
permitted.
Penalty: Fine not exceeding -
(a) in the case of a natural person, 10
penalty units; or
(b) in the case of a body corporate, 50
penalty units.
9
s. 9 No. Public Health Amendment 2004
PART 3 - PUBLIC HEALTH ACT 1997 FURTHER
AMENDED
Principal Act
9. In this Part, the Public Health Act 1997* is referred to
as the Principal Act.
Section 3 amended (Interpretation)
10. Section 3 of the Principal Act is amended as follows:
(a) by omitting the definition of "bar area";
(b) by omitting the definition of "gaming area";
(c) by omitting the definition of "nightclub or
cabaret";
(d) by inserting the following definition after the
definition of "outdoor dining area":
"outdoor smoking area" has the
meaning given by section 3A;
(e) by inserting the following definition after the
definition of "residential care facility":
"roof" includes any structure or device,
whether fixed or movable, that
prevents or impedes upward
airflow;
*No. 86 of 1997
10
2004 Public Health Amendment No. s. 11
Section 3A substituted
11. Section 3A of the Principal Act is repealed and the
following section is substituted:
Meaning of "outdoor smoking area"
3A. (1) In this Act, an area is an outdoor smoking
area if -
(a) it is provided for the use of customers
who smoke by the occupier of premises
to which a licence or permit under the
Liquor Licensing Act 1990 applies, being
premises where the provision of
beverages rather than food is the
primary function; and
(b) it is not serviced; and
(c) it is an area that -
(i) does not have a roof; or
(ii) has a roof and a perimeter where
not more than 50% of the
perimeter consists of walls and
windows (whether open or closed);
or
(iii) is of a class determined by the
Director by notice in the Gazette to
be an open area; or
(iv) on the application of an occupier of
premises to which a licence or
permit under the Liquor Licensing
Act 1990 applies, has been
determined by the Director by
notice provided to that occupier to
be an open area.
11
s. 12 No. Public Health Amendment 2004
(2) For the purposes of subsection (1)(b) -
"service", in relation to an area, includes the
delivery of beverages and snacks or
other food to customers in that area.
Section 67B amended (Smoke-free areas)
12. Section 67B of the Principal Act is amended as
follows:
(a) by omitting paragraphs (g), (h) and (i) from
subsection (1);
(b) by omitting paragraph (d) from subsection (2)
and substituting the following paragraph:
(d) an outdoor smoking area;
Section 67E amended (Signs)
13. Section 67E of the Principal Act is amended by
omitting subsection (2).
Section 67F substituted
14. Section 67F of the Principal Act is repealed and the
following section is substituted:
Amenity of smoke-free areas
67F. The occupier of an outdoor dining area must
ensure that any smoke-free area in the outdoor
dining area is not of inferior amenity to any area in
the outdoor dining area in which smoking is
permitted.
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2004 Public Health Amendment No. s. 14
Penalty: Fine not exceeding -
(a) in the case of a natural person, 10
penalty units; or
(b) in the case of a body corporate, 50
penalty units.
Government Printer, Tasmania 13