Tobacco (Amendment) Regulations 2002 (Vic)

Tobacco (Amendment) Regulations 2002

S.R. No. 66/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	2
5.	New regulations 4AA and 4AB inserted	2

4AA.	Enclosed restaurants and cafes and dining areas:
no smoking signs 2
4AB.	Retail shopping centres: no smoking signs 3

6.	Regulations 5AA and 5A revoked	3
7.	Schedule 2 substituted	4
SCHEDULE 2—Form of notice to be displayed on vending

machines 4

8. Amendments to Schedule 3 4

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ENDNOTES 8

i

STATUTORY RULES 2002

S.R. No. 66/2002

Tobacco Act 1987

Tobacco (Amendment) Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 13 August 2002
Responsible Minister:

JOHN THWAITES Minister for Health

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the

Tobacco Regulations 1997 to make—

(a)	consequential amendments resulting from the Tobacco (Miscellaneous Amendments) Act 2002; and
(b)	a minor amendment to Schedule 2 to those Regulations.

2. Authorising provision

These Regulations are made under section 43 of the Tobacco Act 1987.

3. Commencement

These Regulations come into operation on
1 September 2002.

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4. Principal Regulations

In these Regulations, the Tobacco Regulations

19971 are called the Principal Regulations.

5. New regulations 4AA and 4AB inserted

After regulation 4 of the Principal Regulations insert—

'4AA. Enclosed restaurants and cafes and dining

areas: no smoking signs

(1) For the purposes of section 5BA(2) of the

Act, the prescribed requirements for the no smoking signs to be displayed within an enclosed restaurant or cafe or within a dining area are—

(a) that the signs contain—

(i)  a no smoking symbol in the form of a circle and diagonal line printed over a depiction of a cigarette and smoke and the outer diameter of that symbol is at least 70 millimetres; and

(ii) "Smoking Prohibited" in letters

the phrase "No Smoking" or height; and

(iii)  the statement "It is an offence to smoke in an enclosed restaurant or cafe or in a dining area"; and

(b)	that the signs are displayed in such manner as to ensure that a person is reasonably likely to see one or more of
them either on entering the enclosed restaurant or cafe or the dining area or from within the enclosed restaurant or cafe or within the dining area.

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(2) Nothing in sub-regulation (1) prohibits the use of signs, in addition to those referred to in sub-regulation (1), that convey by way of graphics, pictures, symbols or text a no

smoking message.

4AB. Retail shopping centres: no smoking signs

For the purposes of section 5E(2) of the Act, the prescribed requirements for the no smoking signs to be displayed in prominent positions at entrances to enclosed areas of a retail shopping centre are—

(a) that the signs contain—

(i)  a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black; and

(ii)  the phrase "No Smoking" or "Smoking Prohibited"; and

(iii)  the phrases "Penalties Apply" and "Tobacco Act 1987"; and

(b)

that the signs must be a minimum A4 in 297 millimetres in height); and

(c) that all lettering on the sign is printed in black.'.

6. Regulations 5AA and 5A revoked

Regulations 5AA and 5A of the Principal
Regulations are revoked.

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7. Schedule 2 substituted

For Schedule 2 to the Principal Regulations substitute—

"SCHEDULE 2

Regulation 5

FORM OF NOTICE TO BE DISPLAYED ON VENDING MACHINES

".

8. Amendments to Schedule 3

In Schedule 3 to the Principal Regulations—

(a) after item 2 insert—

"2A. ! Occupier of an

enclosed restaurant
or cafe or dining area
who fails, without
reasonable excuse, to
display no smoking
signs in accordance

with the regulations 5BA(1) $100";

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(b) for item 4 substitute—

"3A. ! Occupier of an

enclosed area of a
retail shopping
centre is guilty of an

offence if a person smokes in that area in contravention of section 5C 5D(1) $100

3B. ! Owner of a retail

shopping centre who
fails to display no smoking signs in prominent positions
at entrances to any

enclosed area of the centre to reasonably identify that area as a no smoking area 5E(1) $100

3C. ! Smoking by a person

in a bingo area or

bingo centre 5F(1) $100

3D. ! Occupier of a bingo area or bingo centre is guilty of an offence

if a person smokes in that area or centre in contravention of

section 5F(1) 5G(1) $100

3E. ! Occupier of a bingo area or bingo centre who fails, without

reasonable excuse, to
display no smoking
signs that comply
with section 5H(2) in

that area or centre 5H(1) $100

3F. ! Smoking by a person in an area of a casino, other than a declared smoking area 5I(1) $100

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3G. ! Occupier of a casino

is guilty of an offence if a person smokes in that casino in

contravention of

section 5I(1) 5J(1) $100

3H. ! Occupier of an area

of a casino, other
than a declared
smoking area, who
fails, without
reasonable excuse,
to display no
smoking signs that
comply with section

5K(2) in that area 5K(1) $100

3I. ! Smoking by a

person—

! in a gaming

machine area in
an approved

venue 5L(1) $100

! in a gaming room

in an approved

venue 5L(2) $100

3J. ! Occupier of a gaming

machine area or gaming room is guilty of an offence if

a person smokes in that area or room in contravention of

section 5L 5M(1) $100

3K. ! Occupier of a gaming

machine area or
gaming room who
fails, without
reasonable excuse, to
display no smoking
signs that comply
with section 5N(2) in

that area or room 5N(1) $100

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3L. ! Occupier of a

licensed premises, where at any time there are two or more

rooms in operation,
who fails to designate
one of those rooms as

a non-smoking room 5O(1) $100

3M. ! Smoking by a person in a designated non- smoking room of

licensed premises 5P(1) $100

3N. ! Occupier of a

designated non-
smoking room of
licensed premises is guilty of an offence if a person smokes in that room in
contravention of

section 5P(1) 5Q(1) $100

3O. ! Occupier of a

designated non-
smoking room of licensed premises who fails, without reasonable excuse, to
display no smoking

signs that comply with section 5R(2) in that room 5R(1) $100";

(c) items 10 and 11 are repealed.

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Tobacco (Amendment) Regulations 2002

Endnotes

S.R. No. 66/2002

ENDNOTES

1 Reg. 4: S.R. No. 105/1997. Reprint No. 1 as at 1 January 2002. Reprinted

to S.R. No. 55/2001.