Public Health (Infringement Notices) Amendment Regulations 2003 (TAS)

Public Health (Infringement Notices) Amendment Regulations 2003

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Public Health Act 1997 .19 May 2003

PETER G. UNDERWOOD

Administrator

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Health and Human Services

1Short titleThese regulations may be cited as the Public Health (Infringement Notices) Amendment Regulations 2003 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Public Health (Infringement Notices) Regulations 1998 are referred to as the Principal Regulations. 4Schedule 1 amended (Offences under Public Health Act 1997 ) Schedule 1 to the Principal Regulations is amended as follows: (a) by omitting

65(5) Failing to comply with code of practice relating to vending machines 2

and substituting the following item:

65	Failing to ensure that a tobacco product vending machine cannot be operated by a member of the public without assistance	2
67C(1)	Smoking in a smoke-free area	2
67C(4)	Failing or refusing to comply with a requirement of a nominated officer under section 67C(3)	1
67D(1)	Offence by the occupier of a smoke-free area where a person smokes in the smoke-free area	1
67E(1)	Failure to display a sign in a smoke-free area as required	2
67E(2)	Failure to designate the area of a bar area or gaming area in which smoking is permitted	2
67F	Failure to ensure smoke-free area of a bar area is not of inferior amenity to bar area in which smoking is permitted	1
67G	Failure by an occupier to develop and implement procedures to minimise the risk to health of persons required to work in a personal living area that is not a smoke-free area	1
67H	Smoking in a vehicle being used in the course of employment while another person is present	1

(b) by inserting after

74L(2) Failing to display tobacco seller’s licence in certain circumstances 1

the following item:

74K(1) Failing to notify of additional premises 1

(c) by omitting

148(2) Failing to comply with requirement to provide information relating to public health 2

148(3) Failing to comply with requirement to provide information relating to public health 2

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 May 2003

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

(a) creating offences under the Public Health Act 1997 relating to smoke-free areas for which infringement notices may be issued; and (b) creating offences under the Public Health Act 1997 relating to the failure of a tobacco product vendor to notify of additional premises; and (c) amending existing offences under the Public Health Act 1997 in relation to tobacco product vending machines.