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


SMOKE-FREE ENVIRONMENT AMENDMENT (MOTOR VEHICLE PROHIBITION) BILL 2005





                              New South Wales




Smoke-free Environment Amendment
(Motor Vehicle Prohibition) Bill 2005

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to amend the Smoke-free Environment Act 2000 (the
Principal Act) to prohibit smoking in motor vehicles (maximum penalty: 5 penalty
units or $550).

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent.
Clause 3 is a formal provision that gives effect to the amendments to the Principal
Act set out in Schedule 1.

Schedule 1             Amendments
Schedule 1 [1] inserts a definition of motor vehicle into the Principal Act.
Schedule 1 [2] inserts proposed Part 1A into the Principal Act, having the effect
described above in the overview.



b05-601-16.p01
Smoke-free Environment Amendment (Motor Vehicle Prohibition) Bill 2005

Explanatory note




Schedule 1 [3] and [4] contain consequential amendments.




Explanatory note page 2
Introduced by Revd the Hon F J Nile, MLC                        First print




                           New South Wales




Smoke-free Environment Amendment
(Motor Vehicle Prohibition) Bill 2005


Contents

                                                                       Page
              1   Name of Act                                            2
              2   Commencement                                           2
              3   Amendment of Smoke-free Environment Act 2000 No 69     2
     Schedule 1   Amendments                                             3




b05-601-16.p01
                            New South Wales




Smoke-free Environment Amendment
(Motor Vehicle Prohibition) Bill 2005
No     , 2005


A Bill for

An Act to amend the Smoke-free Environment Act 2000 to prohibit smoking in motor
vehicles.
Clause 1      Smoke-free Environment Amendment (Motor Vehicle Prohibition) Bill 2005




The Legislature of New South Wales enacts:                                             1

 1    Name of Act                                                                      2

           This Act is the Smoke-free Environment Amendment (Motor Vehicle             3
           Prohibition) Act 2005.                                                      4

 2    Commencement                                                                     5

           This Act commences on the date of assent.                                   6

 3    Amendment of Smoke-free Environment Act 2000 No 69                               7

           The Smoke-free Environment Act 2000 is amended as set out in                8
           Schedule 1.                                                                 9




Page 2
Smoke-free Environment Amendment (Motor Vehicle Prohibition) Bill 2005

Amendments                                                               Schedule 1




Schedule 1             Amendments                                                         1

                                                                           (Section 3)    2

[1]   Section 4 Definitions                                                               3

      Insert in alphabetical order:                                                       4
                    motor vehicle has the same meaning as it has in the Road              5
                    Transport (General) Act 1999.                                         6

[2]   Part 1A                                                                             7

      Insert after Part 1:                                                                8


      Part 1A Prohibition on smoking in motor vehicles                                    9

       5A    Offence of smoking in motor vehicle                                         10

                    A person must not smoke in a motor vehicle at any time.              11
                    Maximum penalty: 5 penalty units.                                    12

[3]   Section 21A Compensation not payable                                               13

      Insert "or the Smoke-free Environment Amendment (Motor Vehicle                     14
      Prohibition) Act 2005" after "Smoke-free Environment Amendment Act 2004"           15
      in section 21A (1) (a).                                                            16

[4]   Schedule 2 Savings, transitional and other provisions                              17

      Insert at the end of clause 1 (1):                                                 18
             Smoke-free Environment Amendment (Motor Vehicle Prohibition) Act            19
             2005                                                                        20




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