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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Smoke-free Environment Amendment
Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Smoke-free Environment Act 2000 No 69 2
4 Amendment of other Acts and regulation 2
Schedule 1 Amendment of Smoke-free Environment Act 2000 3
Schedule 2 Amendment of other Acts and regulation 9
Smoke-free Environment Amendment Bill 2004
Contents
Page
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Smoke-free Environment Amendment
Bill 2004
Act No , 2004
An Act to amend the Smoke-free Environment Act 2000 to remove certain
exemptions under that Act and to make consequential amendments to the Liquor Act
1982, the Registered Clubs Act 1976 and the Smoke-free Environment Regulation
2000; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Smoke-free Environment Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Smoke-free Environment Amendment Act 2004.
2 Commencement
(1) This Act commences on 3 January 2005 except as otherwise provided
by this section.
(2) Schedule 1 [13] commences on 2 July 2007.
3 Amendment of Smoke-free Environment Act 2000 No 69
The Smoke-free Environment Act 2000 is amended as set out in
Schedule 1.
4 Amendment of other Acts and regulation
Each Act and regulation specified in Schedule 2 is amended as set out
in that Schedule.
Page 2
Smoke-free Environment Amendment Bill 2004
Amendment of Smoke-free Environment Act 2000 Schedule 1
Schedule 1 Amendment of Smoke-free Environment
Act 2000
(Section 3)
[1] Section 4 Definitions
Omit the definition of exempt premises. Insert instead:
exempt area has the meaning given by section 11.
[2] Section 6 Smoke-free area
Omit "exempt premises" from section 6 (1). Insert instead "an exempt area".
[3] Part 3, heading
Omit "premises". Insert instead "areas".
[4] Sections 10A, 11 and 11A-11C
Omit section 11. Insert instead:
10A Definitions
(1) In this Part:
bar room means a room in which drinks are ordered, served and
consumed, but does not include a gaming machine room or a
recreation room.
casino means premises, or part of premises, defined as a casino
for the time being under section 19 of the Casino Control Act
1992 and includes the whole or a specified part of any premises
the subject of an order under section 89 (3) of that Act.
casino private gaming area means an area in a casino that is used
substantially for gaming by international visitors to the casino
other than an area used substantially for the purposes of gaming
machines.
club means the premises of a registered club within the meaning
of the Registered Clubs Act 1976.
dining area means an area where meals are served and are
consumed at tables.
gaming machine has the same meaning as in section 8 of the
Casino Control Act 1992.
gaming machine room means a room used substantially for the
purposes of gaming machines.
hotel means any premises that are the subject of a hotelier's
licence in force under the Liquor Act 1982.
Page 3
Smoke-free Environment Amendment Bill 2004
Schedule 1 Amendment of Smoke-free Environment Act 2000
nightclub means any premises that are the subject of a nightclub
licence in force under the Liquor Act 1982.
recreation room means a room used substantially for the
purposes of games or other recreational activities other than
gaming machines.
thoroughfare means an area set aside as a thoroughfare but does
not include an entrance to an exempt area.
(2) In this Part, any reference to an area or room does not include a
reference to any area or room, or part of an area or room, that is
not an enclosed public place.
11 Meaning of "exempt area"
In this Act, exempt area, in relation to a club, hotel, nightclub or
casino, means the area set aside in accordance with section 11A
or 11B or a casino private gaming area, but does not include any
area:
(a) required to be designated as a smoke-free area under
regulations referred to in section 12, or
(b) that is the subject of a declaration in force under section 13.
11A Temporary exemption for areas of a club, hotel, nightclub or
casino from 3 January 2005 until 4 July 2005
(1) On or after 3 January 2005 and before 4 July 2005, the bar rooms,
gaming machine rooms and recreation rooms in a club, hotel,
nightclub or casino may be set aside as an exempt area.
(2) However, the following areas are not to be set aside as an exempt
area or as part of an exempt area:
(a) any dining area,
(b) any counter at which drinks or food are ordered or served,
(c) one bar room, but only in premises where there is more
than one bar room,
(d) one area used substantially for the purposes of gambling
(whether or not with gaming machines), but only in
premises where there is more than one such area,
(e) one recreation room for each game or recreational activity
offered at the premises, but only in premises where there is
more than one recreation room offering that game or
activity.
Page 4
Smoke-free Environment Amendment Bill 2004
Amendment of Smoke-free Environment Act 2000 Schedule 1
11B Temporary exemption for areas of a club, hotel, nightclub or
casino from 4 July 2005 until 2 July 2007
(1) In this section:
room means bar room, gaming machine room or recreation room.
(2) On or after 4 July 2005 and before 2 July 2007, one room, or one
part of one room, in a club, hotel, nightclub or casino may be set
aside as the exempt area.
(3) The exempt area under this section, when expressed as a
percentage of the total area of all the rooms in the club, hotel,
nightclub or casino, must not exceed:
(a) 50% on or after 4 July 2005 and before 3 July 2006, or
(b) 25% on or after 3 July 2006 and before 2 July 2007.
(4) Despite subsection (3), if the total area of all the rooms in the
club, hotel, nightclub or casino does not exceed 100 square
metres, the exempt area under this section, when expressed as a
percentage of the total area of all the rooms in the club, hotel,
nightclub or casino, must not exceed 50% on or after 4 July 2005
and before 2 July 2007.
(5) The following areas are not to be set aside as an exempt area or
as part of an exempt area under this section and are not to be taken
into account when determining the area of a room or rooms for
the purposes of this section:
(a) a dining area, toilet area, foyer, lobby, thoroughfare, dance
floor or auditorium,
(b) a counter at which drinks or food are ordered or served,
(c) a casino private gaming area.
(6) Subject to subsection (3), the Minister may authorise a club,
hotel, nightclub or casino to set aside a second room (or part of a
second room) as part of the exempt area under subsection (2).
The granting of the authorisation and the authority conferred by
the authorisation are subject to any requirements set out in the
regulations (including with respect to the criteria to be met before
an authorisation may be granted).
11C Review of casino private gaming area exemption
(1) The Minister is to review regularly the exemption for a casino
private gaming area to determine whether the exemption is
justified on the grounds of maintaining parity with the smoking
restrictions in casinos in other States and Territories.
Page 5
Smoke-free Environment Amendment Bill 2004
Schedule 1 Amendment of Smoke-free Environment Act 2000
(2) A review is to be undertaken within one month after 1 January
each year and the first such review is to take place in 2006.
(3) A report on the outcome of each review is to be tabled in each
House of Parliament no later than 1 June of the year in which the
review is undertaken.
[5] Section 12 Premises containing exempt areas to comply with certain
requirements
Omit "exempt premises" wherever occurring.
Insert instead "premises containing an exempt area".
[6] Section 12 (2) (c)
Omit "parts of the premises". Insert instead "areas".
[7] Section 12 (3)
Insert after section 12 (2):
(3) An exemption under this Part does not affect any duty a person
may have under the Occupational Health and Safety Act 2000.
[8] Section 13 Removal of exemption by Director-General
Omit "premises cease to be exempt premises" from section 13 (1).
Insert instead "area ceases to be an exempt area".
[9] Section 13 (1) (a) and (b)
Insert "containing the exempt area" after "premises" wherever occurring.
[10] Section 21A
Insert after section 21:
21A Compensation not payable
(1) Compensation is not payable by or on behalf of the State arising
directly or indirectly from any of the following matters occurring
before or after the commencement of this section:
(a) the enactment or operation of this Act or the Smoke-free
Environment Amendment Act 2004,
(b) the exercise by any person of a function under this Act or
a failure to exercise any such function,
(c) any statement or conduct relating to the regulation of
smoking in enclosed public places.
Page 6
Smoke-free Environment Amendment Bill 2004
Amendment of Smoke-free Environment Act 2000 Schedule 1
(2) In this section:
compensation includes damages or any other form of monetary
compensation.
conduct includes any act or omission, whether unconscionable,
misleading, deceptive or otherwise.
statement includes a representation of any kind:
(a) whether made verbally or in writing, and
(b) whether negligent, false or misleading or otherwise.
the State means the Crown within the meaning of the Crown
Proceedings Act 1988, and includes an officer, employee or agent
of the Crown and an inspector appointed under section 14.
this Act includes any regulation made under this Act or any
declaration made by the Director-General under section 13.
[11] Section 23 Regulations
Insert after section 23 (2) (d):
(e) guidelines in relation to determining what is an enclosed
public place and when a covered outside area is considered
to be substantially enclosed for the purposes of this Act,
(f) the determination of what is a room (including a bar room,
gaming machine room or recreation room) for the purposes
of this Act.
[12] Schedule 1 Examples of places that are smoke-free if they are enclosed
public places
Omit the following:
Common areas in hostels
Common areas in motels
Insert instead:
Hostels (other than residential accommodation)
Motels (other than residential accommodation)
[13] Schedule 1
Insert at the end of the Schedule:
Casinos (other than a casino private gaming area or residential
accommodation)
Hotels (other than residential accommodation)
Clubs (other than residential accommodation)
Nightclubs
Page 7
Smoke-free Environment Amendment Bill 2004
Schedule 1 Amendment of Smoke-free Environment Act 2000
[14] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Smoke-free Environment Amendment Act 2004
[15] Schedule 2, Part 2
Omit the Part.
Page 8
Smoke-free Environment Amendment Bill 2004
Amendment of other Acts and regulation Schedule 2
Schedule 2 Amendment of other Acts and regulation
(Section 4)
2.1 Liquor Act 1982 No 147
Section 103 Exclusion of persons from licensed premises
Insert after section 103 (1) (d):
(d1) who smokes, within the meaning of the Smoke-free
Environment Act 2000, while on any part of the licensed
premises that is a smoke-free area within the meaning of
that Act, or
2.2 Registered Clubs Act 1976 No 31
Section 67A Removal of persons from premises of registered club
Insert after section 67A (1) (d):
(d1) who smokes, within the meaning of the Smoke-free
Environment Act 2000, while on any part of the premises
that is a smoke-free area within the meaning of that Act, or
2.3 Smoke-free Environment Regulation 2000
Clause 6
Omit the clause. Insert instead:
6 Exempt areas--prescribed requirements
The occupier of premises that contain an exempt area is required:
(a) to separate the exempt area from any other part of the
premises that is a smoke-free area by the use of partitions
or other similar barriers, or
(b) to ensure that a space of at least 1.5 metres is maintained
between the exempt area and any other part of the premises
that is a smoke-free area.
Page 9
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