Health (Smoking in Enclosed Public Places) Amendment Regulations (No. 2) 2005 (WA)

18 October 2005 GOVERNMENT GAZETTE, WA 4619

HEALTH

HE301*

Health Act 1911

Health (Smoking in Enclosed Public Places)

Amendment Regulations (No. 2) 2005

Made by the Governor in Executive Counci l.

1.            Citation

These regulations are the Health (Smoking in Enclosed Public
Places) Amendment Regulations (No. 2) 2005.

2.            Commencement

These regulations come into operation on 1 November 2005.

3.            I he regulations amended

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

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

For amendments to 9 August 2005 see Western Australian

(2) Despite subregulation (1), regulation 4(1) applies to an enclosed public place that is located in premises

Legislation Information Tables for 2004, Table 4, p. 175, and

Gazette 28 January 20051

4.            Regulation 3 amended

Regulation 3 is amended in the definition of "non-smoking area" by deleting "item 2 or 4, of Schedule 1;" and inserting instead —

" Schedule 1 item 4; ".

5.            Regulation 5 amended

Regulation 5(2), (3) and (5) are repealed and the following subregulations are inserted instead —

44

4620 GOVERNMENT GAZETTE, WA 18 October 2005

referred to in regulation 7(1) unless the place is the one

in which smoking is allowed under regulation 7(1).

(3) Despite subregulation (1), regulation 4(1) applies to an

enclosed public place, other than the International
Room, that is located at Burswood Casino.

6.           Regulation 7 replaced

Regulation 7 is repealed and the following regulation is inserted instead -

7.             If more than one exempt place in premises, smoking restricted to one place

(1) If premises comprise more than one enclosed public

place of a kind referred to in Schedule 1 item 1, 2, 3, 4
or 5, smoking is prohibited in all but one of those

places at any one time.

(2) Despite subregulation (1), and without affecting
regulation 5(1) in respect of Schedule 1 item 6,
smoking is prohibited in all the enclosed public places

at Burswood Casino except the International Room.

7. Regulation 8 repealed
Regulation 8 is repealed.

8.           Schedule 1 replaced

Schedule 1 is repealed and the following Schedule is inserted instead -

Schedule 1 -	Exempt places
[r. 5(1)]

Enclosed public place Conditions

1.	Bar or lounge area	1.	The bar or lounge area is not a
adjoining (but not	subject of a restaurant licence.
including) a dining area
2.
Meals are not served or area except at a bar counter.
3.	The bar or lounge area has adequate ventilation.
4.	enclosed public place within the premises in which the bar or lounge area is located that
There is no other separately area.

18 October 2005 GOVERNMENT GAZETTE, WA 4621

Enclosed public place Conditions

2.	Bar or lounge area not	1.	The bar or lounge area is not a
adjoining a dining area	subject of a restaurant licence.
2.	Meals are not served or consumed in the bar or lounge area except at a bar counter.
3.	The bar or lounge area has adequate ventilation.
3.	Allocated room in restaurant	1.	separate and enclosed room
The allocated room is a of a restaurant licence.
2.	Meals are not served or consumed in the allocated room.
3.	The allocated room has adequate ventilation.
4.	There is only one allocated room in the area referred to in condition 1.
5.	The allocated room is not, or does not form part of, the main access way to the area referred to in condition 1.
4.	Cabaret or nightclub	1.	The cabaret or nightclub has adequate ventilation.
2.	80% of the floor space of the cabaret or nightclub is set aside as a non-smoking area.
5.	Covered area	1.	One or more of the windows,

doors or retractable coverings

referred to in paragraph (c)(ii)
of the definition of "covered
area" in regulation 3 are open
so that the covered area is not
substantially enclosed.

6.	International Room at	1.	The room has adequate
Burswood Casino	ventilation.

By Command of the Governor,

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