Health Amendment Act 1998 (WA)

Western Australia

Health Amendment Act 1998

No. 62 of 1998

An Act to amend the Health Act 1911.

[Assented to 12 January 1999]

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 the Royal Assent.

Health Amendment Act 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 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” —

“ , except in Part IXB, ”.

5.             Part IXB inserted

After section 289D the following Part is inserted —

“

Part IXB — Smoking in enclosed public places

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
(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 —

(a) the public, or a section of the public, is entitled to use; or

Health Amendment Act 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;

“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

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

place” in subsection (1) it is immaterial that an existing

closeable opening is open at any particular time.

289F. Regulations

(1)	Subject to subsection (3), the Governor may make regulations under section 341 for the regulation or prohibition of smoking in enclosed 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 signs; and
(b)	confer powers on environmental health officers in relation to persons who are smoking in enclosed public places where smoking is prohibited.

Health Amendment Act 1998

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(3)

The regulations shall not permit smoking, where the

premises contain more than two enclosed public places,

in more than two of those enclosed public places.

(4)

Subsection (3) does not apply to the Burswood Casino.

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.

(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.

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

(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.

(2)

The Minister is to prepare a report based on the review

recommending further steps to be taken to achieve

smoke free enclosed public places and, is to cause it to

be laid before each House of Parliament as soon as is

practicable after the report is prepared, and in any

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s. 6

event not later than 4 years after the commencement

referred to in subsection (1).

”.

6.             Section 360 amended

After section 360(4) the following subsection is inserted —

“

(5)	Notwithstanding anything in subsection (2), regulations 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; 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 —

(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.

”.

By Authority: KEVIN J. McRAE, Acting Government Printer