Smoking (Prohibition in Enclosed Public Places) Amendment Act 2005 (ACT)

Smoking (Prohibition in Enclosed Public Places) Amendment Act 2005

A2005-6

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. New part 1A  2

5. Section 8, heading  3

6. Section 8 (1)  3

7. Section 9  3

8. Dictionary, definitions of enclosed public place, occupier, public place and smoke      4

Smoking (Prohibition in Enclosed Public Places) Amendment Act 2005

A2005-6

An Act to amend the Smoking (Prohibition in Enclosed Public Places) Act 2003

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2005.

2. Commencement

   This Act commences on 1 December 2006.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Smoking (Prohibition in Enclosed Public Places) Act 2003.

4. New part 1A

   insert

Part 1AImportant concepts

5AObject

The object of this Act is to promote public health by minimising the exposure of people in enclosed public places to environmental smoke.

5BMeaning of smoke

(1)For this Act, smoke means smoke from an ignited smoking product.

(2)For this Act, a person smokes if the person—

(a)directly puffs smoke, whether or not the person uses a device designed for the inhalation of smoke by a smoker; or

(b)holds or has control over a smoking product while it is ignited.

Examples of devices for par (a)

1     a cigarette holder

2     a pipe (including a water pipe or bong)

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

1. Section 8, heading

   substitute

2. Offence by occupier—person smoking in enclosed public place

3. Section 8 (1)

   omit

   section 7 (1)

   substitute

   section 6

4. Section 9

   substitute

8AOffence by occupier—permitting smoke into enclosed public place from another part of premises

The occupier of premises on which there is an enclosed public place commits an offence if the occupier fails to take reasonable steps to prevent smoke entering the enclosed public place from another part of the premises occupied by the occupier.

Maximum penalty:  10 penalty units.

1. Offence by neighbouring occupier

   The occupier of premises commits an offence if the occupier fails to take reasonable steps to prevent smoke from the premises entering an enclosed public place on other premises.

   Maximum penalty:  10 penalty units.

2. Dictionary, definitions of enclosed public place, occupier, public place and smoke

   substitute

   enclosed public place means a public place, or part of a public place, that is enclosed as prescribed by regulation.

   Examples of public places

   The following may be public places (see definition of public place):

   1     business premises, including professional, trade and commercial premises

   2     a cinema or theatre

   3     a club, hotel or motel

   4     a community centre, hall or public library

   5     government premises

   6     a hostel or nursing home

   7     a place of worship

   8     a public transportation vehicle (including, a bus, taxi or boat)

   9     a restaurant or cafeteria

   10    a school, college or university

   11    a shopping centre, mall or plaza

   12    sporting or recreational premises

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   occupier, of premises or a part of premises (including an enclosed public place), means a person having the management or control, or otherwise being in charge, of the premises or part of the premises.

   public place means a place to which the public or a section of the public has access, whether—

   (a)by payment, membership of a body or otherwise; or

   (b)by entitlement or permission.

   Examples

   The places, or parts of the places, mentioned in the examples for the definition of enclosed public place may be public places.

   smoke—see section 5B.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on  9 December 2004.

2. Notification

   Notified under the Legislation Act on 22 February 2005.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Smoking (Prohibition in Enclosed Public Places) Amendment Bill 2005, which originated in the Legislative Assembly as the Smoking (Prohibition in Enclosed Public Places) Amendment Bill 2004 and was passed by the Assembly on 17 February 2005.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2005