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TASMANIA
__________
PUBLIC HEALTH AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
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 amended (Amenity of smoke-free areas)
[Bill 98]-X
2
PUBLIC HEALTH AMENDMENT BILL 2003
(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:
Short title
1. This Act may be cited as the Public Health Amendment
Act 2003.
Commencement
2. This Act commences on 1 January 2005.
Principal Act
3. In this Act, the Public Health Act 1997* is referred to
as the Principal Act.
*No. 86 of 1997
[Bill 98] 3
s. 4 No. Public Health Amendment 2003
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 "bar area":
"bar service area" means the area
consisting of the following areas in
a bar area:
(a) that area which is behind
the bar or cashier's station
and from which drinks are
served to, or money is taken
from, customers in the bar
area;
(b) that area consisting of the
bar or cashier's station and
from which drinks are
served to, or money is taken
from, customers in the bar
area;
(c) that area where customers
in the bar area order and
collect drinks or pay at the
cashier's station, being an
area of one metre extending
outwards from the bar into
the customer area (as
measured at a right angle
from any point of the bar);
(b) by inserting the following definition after the
definition of "multiple-use building":
"nightclub or cabaret" has the
meaning given by section 3A;
4
2003 Public Health Amendment No. s. 5
(c) 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;
(d) by inserting the following definition after the
definition of "smoke-free area":
"solid food" means food other than
confectionery and beverages;
(e) by inserting the following definition after the
definition of "specialist tobacconist premises":
"takeaway food shop" means
premises where solid food that is
ready for immediate consumption
is sold 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 -
5
s. 5 No. Public Health Amendment 2003
(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
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
and Accommodation Act 1990, may determine
whether a bar area is or is not a nightclub or cabaret
6
2003 Public Health Amendment No. s. 6
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;
(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:
7
s. 6 No. Public Health Amendment 2003
(a) by omitting paragraph (g) from subsection (1)
and substituting the following paragraphs:
(g) a bar service area;
(h) a nightclub or cabaret;
(i) in premises to which a permit or
licence under the Liquor and
Accommodation Act 1990 relates
and in which there are 2 or more
bar areas (being bar areas that are
not nightclubs or cabarets) -
(i) all those bar areas, other
than one, at all times; and
(ii) that one bar area during any
period during which solid
food, other than snacks of a
class specified in the
guidelines, is available or
consumed in the bar area;
(j) in premises to which a permit or
licence under the Liquor and
Accommodation Act 1990 relates
and in which there is only one bar
area (being a bar area that is not a
nightclub or cabaret) -
(i) the whole bar area during
any period during which
solid food, other than snacks
of a class specified in the
guidelines, is available or
consumed in the bar area;
and
8
2003 Public Health Amendment No. s. 6
(ii) an area consisting of not less
than 50% of the floor area of
that bar area during any
other period;
(k) a gaming area;
(l) 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;
(m) 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,
grouped together in one part of
that dining area.
(b) by omitting paragraphs (d) and (e) from
subsection (2) and substituting the following
paragraphs:
(d) in premises to which a permit or
licence under the Liquor and
Accommodation Act 1990 relates
and in which there are 2 or more
bar areas (being bar areas that are
not nightclubs or cabarets), one
bar area during any period during
which no solid food, other than
snacks of a class specified in the
guidelines, is available or
consumed in the bar area;
(e) in premises to which a permit or
licence under the Liquor and
Accommodation Act 1990 relates
and in which there is only one bar
9
s. 7 No. Public Health Amendment 2003
area (being a bar area that is not a
nightclub or cabaret), an area
consisting of not more than 50% of
the floor area of that bar area
during any period during which no
solid food, other than snacks of a
class specified in the guidelines, is
available or consumed in the bar
area;
(f) 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;
(g) 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.
(c) by inserting the following subsection after
subsection (2):
(3) For the purposes of this section, the
floor area of a bar area is to be calculated by
excluding the bar service area and any gaming
area that shares the enclosed space of the bar
area.
Section 67E amended (Signs)
7. Section 67E(2) of the Principal Act is amended by
omitting "or gaming area".
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2003 Public Health Amendment No. s. 8
Section 67F amended (Amenity of smoke-free areas)
8. Section 67F of the Principal Act is amended as follows:
(a) by omitting "The" and substituting "(1) The";
(b) by inserting the following subsection:
(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.
Government Printer, Tasmania 11