Smoke-free Environment Amendment Regulation 2013 (NSW)

2013 No 547

New South Wales

Smoke-free Environment Amendment

Regulation 2013

under the

Smoke-free Environment Act 2000

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Smoke-free Environment Act 2000.

JILLIAN SKINNER, MP

Minister for Health

Explanatory note
The objects of this Regulation are as follows:

(a)	to prescribe the offence under the Smoke-free Environment Act 2000 of smoking in a smoke-free area (within the meaning of the Act) as a penalty notice offence and to prescribe the penalty amount for the offence if dealt with by penalty notice,
(b)	to prescribe the persons who (in addition to the Director-General of the Ministry of Health) may bring proceedings for an offence under the Act of smoking in a smoke-free area.

This Regulation is made under the Smoke-free Environment Act 2000, including sections 20 (2) (b), 20A and 23 (the general regulation-making power).

Published LW 20 September 2013	Page 1
2013 No 547
Clause 1	Smoke-free Environment Amendment Regulation 2013

Smoke-free Environment Amendment Regulation 2013

under the

Smoke-free Environment Act 2000

1      Name of Regulation

This Regulation is the Smoke-free Environment Amendment Regulation
2013.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

2013 No 547

Smoke-free Environment Amendment Regulation 2013

Amendment of Smoke-free Environment Regulation 2007	Schedule 1
Schedule 1	Amendment of Smoke-free Environment Regulation 2007

Clauses 8 and 9 and Schedule 1

Insert after clause 7:

8      Proceedings for offences

For the purposes of section 20 (2) (b) of the Act:

(a)

the chief executive of a local health district may bring proceedings for an offence against section 7 (1) of the Act, and

(b)

the chief executive of:

(i)	a statutory health corporation (within the meaning of the Health Services Act 1997), or
(ii)	a public hospital controlled by the Crown (including the Minister for Health or the Health Administration Corporation, within the meaning of that Act),

may bring proceedings for an offence against section 7 (1) of the Act that relates to a smoke-free area under section 6A (1) (k) of the Act.

9      Penalty notice offences and penalties

(1)  For the purposes of section 20A of the Act:

(a)	each offence created by a provision specified in Column 1 of Schedule 1 is an offence for which a penalty notice may be served, and
(b)	the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.
(2)	If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.

2013 No 547

Smoke-free Environment Amendment Regulation 2013

Schedule 1 Amendment of Smoke-free Environment Regulation 2007

Schedule 1 Penalty notice offences

(Clause 9)

Column 1	Column 2
Provision	Penalty ($)
Offences under the Act
Section 7 (1)	300