Health (Smoking in Enclosed Public Places) Amendment Regulations 2004 (WA)

30 November 2004 GOVERNMENT GAZETTE, WA 5489

HE302*

Health Act 1911

Health (Smoking in Enclosed Public Places)

Amendment Regulations 2004

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Health (Smoking in Enclosed Public
Places) Amendment Regulations 2004.

2.             The regulations amended

The amendments in these regulations are to the Health (Smoking in Enclosed Public Places) Regulations 2003*.

[* Published in Gazette 14 November 2003, p. 4703-20.

For amendments to 19 November 2004 see Western p. 171.

]

3.             Regulation 3 amended

Regulation 3 is amended in the definition of “smoking

prohibited symbol” by deleting “the Standards Association of ”

and inserting instead —
“ Standards ”.

4.             Regulation 5 amended

(1) Regulation 5(2) is repealed and the following subregulation is
inserted instead —

“

(2) Despite subregulation (1), regulation 4(1) applies to an
enclosed public place that is located in premises
comprising more than 2 enclosed public places of a
kind referred to in item 1, 2, 3, 4 or 5 of Schedule 1,
but that is not —

(a)	one of the 2 enclosed public places referred to in regulation 7(2); or
(b)	the enclosed public place referred to in regulation 7(3).

”.

(2) Regulation 5(4) is repealed.

5490 GOVERNMENT GAZETTE, WA 30 November 2004

(3)	Regulation 5(5) is amended by deleting “1 January 2007.” and inserting instead —
“ 1 November 2005. ”.

5.             Regulation 7 amended

(1)	Regulation 7(1) is amended by deleting “Subregulation (2) applies” and inserting instead —
“ Subregulations (2) and (4) apply ”.
(2)	Regulation 7(2) is amended by deleting “31 December 2006,” and inserting instead —
“ 31 October 2005, ”.
(3)	Regulation 7(3) is repealed.
(4)	Regulation 7(4) is amended as follows:

(a)	by deleting “1 January 2007,” and inserting instead — “ 1 November 2005, ”;
(b)	by deleting “(3)” and inserting instead — “ (1) ”.

6.             Regulation 8 amended

Regulation 8(4) is amended by deleting “1 January 2007.” and inserting instead —

“ 1 November 2005. ”.

7.             Schedule 1 amended

Schedule 1 item 4 is amended in column 2 by deleting
conditions 2 and 3 and inserting the following instead —
“

2.    80% of the floorspace of the cabaret or nightclub is set aside as a non-smoking area.

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.