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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Health Amendment Bill 1998
A Bill for
An Act to amend the Health Act 1911.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Health Amendment Act 1998.
2. Commencement
This Act comes into operation on the day on which it receives
5 the Royal Assent.
page 1
40--1C
Health Amendment Bill 1998
s. 3
3. The Act amended
The amendments in this Act are to the Health Act 1911.
[* Reprinted as at 11 March 1997.
For subsequent amendments see 1997 Index to Legislation of
5 Western Australia, Table 1, pp. 104-5, and Acts Nos. 31
of 1997 and 10 and 15 of 1998.]
4. Section 3 amended
Section 3(1) is amended in the definition of "Public place" by
inserting before "includes" --
10 " , except in Part IXB, ".
5. Part IXB inserted
After section 289D the following Part is inserted --
"
Part IXB -- Smoking in enclosed public places
15 289E. Interpretation
(1) In this Part, unless the contrary intention appears --
"enclosed public place" means a public place that has,
whether permanently or temporarily --
(a) a ceiling or roof; and
20 (b) walls, sides or other vertical coverings,
so that when the public place's existing closeable
openings are closed, the public place is completely
or substantially enclosed;
"public place" means a place or vehicle that --
25 (a) the public, or a section of the public, is
entitled to use; or
page 2
Health Amendment Bill 1998
s. 5
(b) is open to, or is being used by, the public, or
a section of the public,
whether on payment of money, by virtue of
membership of a club or other body, or otherwise;
5 "regulations" means regulations, if any, made under
section 341 as read with section 289F;
"smoke" means smoke, hold, or otherwise have
control over, an ignited tobacco product;
"tobacco product" has the same meaning as in the
10 Tobacco Control Act 1990;
"vehicle" means any thing used or capable of being
used to transport people by air or water or on rails
or roads.
(2) For the purposes of the definition of "enclosed public
15 place" in subsection (1) it is immaterial that an existing
closeable opening is open at any particular time.
289F. Regulations
(1) The Governor may make regulations under section 341
for the regulation or prohibition of smoking in enclosed
20 public places.
(2) Without limiting subsection (1), the regulations may --
(a) require occupiers of enclosed public places to
display signs about smoking, and may prescribe
the content, dimensions and location of those
25 signs; and
(b) confer powers on environmental health officers
in relation to persons who are smoking in
enclosed public places where smoking is
prohibited.
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Health Amendment Bill 1998
s. 5
289G. Consent required for prosecutions
(1) Proceedings for an offence against the regulations must
not be taken without the written consent of the
Executive Director, Public Health.
5 (2) If a complaint alleging an offence against the
regulations purports to be made with the written
consent of the Executive Director, Public Health, it is
to be presumed, in the absence of proof to the contrary,
that the complaint is so made.
10 289H. No right to smoke in enclosed public places
Nothing in the regulations is to be construed as creating
or preserving a right of a person to smoke in an
enclosed public place.
289I. Review
15 (1) The Minister is to carry out a review of the operation
and effectiveness of this Part and the regulations as
soon as is practicable after the expiry of 3 years from
the commencement of the Health Amendment
Act 1998.
20 (2) The Minister is to prepare a report based on the review
and, as soon as is practicable after the report is
prepared, is to cause the report to be laid before each
House of Parliament.
".
page 4
Health Amendment Bill 1998
s. 6
6. Section 360 amended
After section 360(4) the following subsection is inserted --
"
(5) Notwithstanding anything in subsection (2), regulations
5 made under section 341 as read with section 289F may
create offences and provide in respect of any such
offence --
(a) if the offender is an individual --
(i) a penalty that is not more than $500;
10 and
(ii) if the offence is a continuing offence, a
daily penalty that is not more than $50;
and
(b) if the offender is a body corporate --
15 (i) a penalty that is not more than $5 000;
and
(ii) if the offence is a continuing offence, a
daily penalty that is not more than $500.
".
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