Tobacco Products (Smoking Bans in Public Areas—Longer Term) Regulations 2012 (SA)
South Australia
Tobacco Products (Smoking Bans in Public Areas—Longer Term) Regulations 2012
under the Tobacco Products Regulation Act 1997
Contents
1 Short title
3 Interpretation
4 Smoking ban—Royal Adelaide Show
5 Smoking ban—Moseley Square, Glenelg
5A Smoking ban—Henley Square
5B Smoking ban—Bowden Town Square
5C Smoking ban—The Parade Norwood
6 Smoking ban—outdoor dining areas
7 Further offence where smoking occurs in outdoor dining area
Schedule 1—Maps
Part 1—Bowden Town Square declared public area (regulation 5B)
Part 2—The Parade Norwood declared public area (regulation 5C)
Legislative history
1—Short title
These regulations may be cited as the Tobacco Products (Smoking Bans in Public Areas—Longer Term) Regulations 2012.
3—Interpretation
In these regulations—
Act means the Tobacco Products Regulation Act 1997;
road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
Unless the contrary intention appears, a reference in these regulations to a road is a reference to—
(a)the carriageway of the road; and
(b)the footpaths (if any) of the road; and
(c)a median strip, traffic island or other land separating carriageways of the road; and
(d)any other land adjoining or adjacent to the carriageway of the road that is land that has been reserved for the purposes of the road.
4—Smoking ban—Royal Adelaide Show
For the purposes of section 52 of the Act, smoking is banned in the following public areas for the period each year during which the annual Royal Adelaide Show is being held:
(a)all public areas within the Adelaide show grounds, other than—
(i)an area (not being an enclosed public place, workplace or shared area) in respect of which a licence is in force under the Liquor Licensing Act 1997; or
Note—
Smoking is banned in enclosed public places, workplaces or shared areas under section 46 of the Act.
(ii)an area used as a car park by members of the public (other than an area designated under paragraph (b) as an area in which smoking is not permitted); or
(iii)any other area designated by the Society as an area in which smoking is permitted;
(b)any public area in the vicinity of a public entrance to the Adelaide show grounds designated by the Society as an area in which smoking is not permitted.
In this regulation—
Adelaide show grounds has the same meaning as in the Adelaide Show Grounds (Regulations and By-laws) Act 1929;
Society means the Royal Agricultural and Horticultural Society of South Australia Incorporated.
5—Smoking ban—Moseley Square, Glenelg
For the purposes of section 52 of the Act, smoking is banned in all public areas in Moseley Square, Glenelg, other than an area (not being an enclosed public place, workplace or shared area) to which an Outdoor Dining Permit issued by the City of Holdfast Bay pursuant to section 200 of the Local Government Act 1999 applies.
Note—
Smoking is banned in enclosed public places, workplaces or shared areas under section 46 of the Act.
In this regulation—
Moseley Square, Glenelg means the area in Glenelg bounded as follows: commencing at the point at which the southern boundary of Section 1510 Hundred of Noarlunga meets the eastern boundary of the Section (the western boundary of Colley Terrace), then southerly along the prolongation in a straight line of the eastern boundary of the Section to the point at which that prolongation intersects the prolongation in a straight line of the southern boundary of Lot 100 DP 76687, then westerly and southerly along that prolongation and boundary of Lot 100 to the point at which it meets the north‑eastern boundary of Piece 102 DP 76687, then generally north‑westerly, northerly and north‑easterly along the western boundary of Lot 100 DP 76687 to the point at which it meets the southern boundary of Lot 107 DP 71400, then in a straight line by the shortest route to the south‑western corner of Lot 106 DP 71400, then easterly along the southern boundary of Lot 106 and the adjoining Lots (the northern boundary of Lot 100 DP 76687) to the point of commencement.
5A—Smoking ban—Henley Square
For the purposes of section 52 of the Act, smoking is banned in all public areas in Henley Square.
In this regulation—
Henley Square means the following areas (being the area commonly referred to as Henley Square):
(a)the whole of Allotment 101 Deposited Plan 45601 (excluding any area used as a car park by members of the public and any premises);
(b)the area bounded as follows:
(i)on the north by Allotment 101 Deposited Plan 45601;
(ii)on the east by the western boundaries of the properties adjacent to the Esplanade, Henley Beach;
(iii)on the south by a line extending generally east from the south east corner of the Henley Surf Life Saving Club;
(iv)on the west by the sea wall.
5B—Smoking ban—Bowden Town Square
For the purposes of section 52 of the Act, smoking is banned in the public area shown on the map in Schedule 1 Part 1 as the "declared public area", being the area in Bowden comprised of Lots 40, 42, 400 and 453, but excluding the car park.
In this regulation—
car park means the area shown on the map in Schedule 1 Part 1 as the "car park", being the area within Lot 42 bounded by a line commencing at the intersection of the north‑eastern and south‑eastern boundaries of Lot 42, then north-westerly along the north-eastern boundary of Lot 42 to its intersection with the prolongation in a north-easterly direction of the south‑eastern boundary of Plant 4, then south‑westerly along that boundary to the point at which that boundary (or its prolongation) intersects the south‑western boundary of Lot 42, then beginning south‑easterly following the boundary of Lot 42 to the point of commencement;
Lot 40 means Lot 40 Deposited Plan 113083;
Lot 42 means Lot 42 Deposited Plan 112982;
Lot 400 means Lot 400 Deposited Plan 112982;
Lot 453 means Lot 453 Deposited Plan 112982;
Plant 4 means the built structure on Lot 42 commonly known as Plant 4;
prolongation means prolongation in a straight line.
5C—Smoking ban—The Parade Norwood
For the purposes of section 52 of the Act, smoking is banned in the following public areas of Norwood:
(a)the public area bounded—
(i)on the north by the building line on the northern side of The Parade; and
(ii)on the south by the building line on the southern side of The Parade; and
(iii)on the east by the western edge of Portrush Road; and
(iv)on the west by the eastern edge of Osmond Terrace;
(b)the laneway adjacent to the Norwood Town Hall,
(being the area shown on the map in Schedule 1 Part 2 as the declared area).
In this regulation—
building line means the line formed by the facades of the buildings on the relevant side of The Parade (and includes, where 2 buildings are not contiguous, a straight line running between the closest points of the facades of the buildings);
laneway adjacent to the Norwood Town Hall means the laneway forming the whole of the land comprised in Certificate of Title Volume 6037 Folio 165.
6—Smoking ban—outdoor dining areas
For the purposes of section 52 of the Act, smoking is banned in public areas consisting of outdoor dining areas at any time that food is being offered for purchase, or otherwise provided, by or on behalf of the occupier of the outdoor dining area for the purpose of consumption in the area (whether or not a person is, in fact, dining in the area).
Note—
For example, if a hotel offers meals between 12 pm and 2 pm in an outdoor dining area, then smoking will be banned in the area during that period, regardless of whether anyone is actually eating in the area.
For the purposes of this regulation a person will be taken to be in an outdoor dining area if any part of the person is within the outdoor dining area.
In this regulation—
food does not include snack food;
outdoor dining area means an unenclosed public area in which tables, or tables and chairs, are permanently or temporarily provided for the purpose of public dining in the area, but does not include a part of the unenclosed public area that is separated from the part in which dining occurs by a wall or other solid barrier of not less than 2 metres in height;
snack food means prepackaged food of a kind generally intended to be consumed between meals.
Example—
This would include foods such as potato crisps, nuts and chocolate bars, but would not include, for example, sandwiches or hot chips.
7—Further offence where smoking occurs in outdoor dining area
If smoking occurs in an outdoor dining area in contravention of section 52(2) of the Act, the occupier of the outdoor dining area is guilty of an offence.
Maximum penalty: $1 250.
Expiation fee: $160.
It is a defence to an offence against subregulation (1) if the defendant proves that—
(a)he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or
(b)he or she requested the person smoking to stop smoking and informed the person that the person was committing an offence.
In this section—
outdoor dining area has the same meaning as in regulation 6.
Schedule 1—Maps
Part 1—Bowden Town Square declared public area (regulation 5B)
Part 2—The Parade Norwood declared public area (regulation 5C)
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Tobacco Products (Smoking Bans in Public Areas—Longer Term) Regulations 2012 were revoked by Sch 3 cl 2 of the Tobacco and E-Cigarette Products Regulations 2019 on 31.3.2019.
Principal regulations and variations
Year No Reference Commencement 2012 196 Gazette 30.8.2012 p3960 30.8.2012: r 2 2013 168 Gazette 27.6.2013 p2787 27.6.2013: r 2 2013 224 Gazette 5.9.2013 p3770 5.9.2013: r 2 2014 202 Gazette 10.7.2014 p3220 10.7.2014: r 2 2014 238 Gazette 11.9.2014 p4340 11.9.2014: r 2 2015 200 Gazette 27.8.2015 p3948 1.7.2016: r 2 2016 198 Gazette 25.8.2016 p3424 12.9.2016: r 2 2018 11 Gazette 30.1.2018 p575 5.2.2018: r 2 2018 212 Gazette 27.9.2018 p3572 1.12.2018: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement r 2 omitted underLegislation Revision and Publication Act 2002 27.6.2013 r 3 r 3(1) r 3 redesignated as r 3(1) by 224/2013 r 4(2) 5.9.2013 road inserted by 224/2013 r 4(1) 5.9.2013 r 3(2) inserted by 224/2013 r 4(2) 5.9.2013 r 4 r 4(1) varied by 168/2013 r 4(1), (2) 27.6.2013 varied by 202/2014 r 4(1), (2) 10.7.2014 r 4(2) prescribed period substituted by 168/2013 r 4(3) 27.6.2013 deleted by 202/2014 r 4(3) 10.7.2014 r 5 inserted by 224/2013 r 5 5.9.2013 r 5(1) varied by 238/2014 r 4(1) 11.9.2014 r 5(2) prescribed period deleted by 238/2014 r 4(2) 11.9.2014 r 5A inserted by 198/2016 r 4 12.9.2016 r 5B inserted by 11/2018 r 4 5.2.2018 r 5C inserted by 212/2018 r 4 1.12.2018 rr 6 and 7 inserted by 200/2015 r 4 1.7.2016 Sch 1 inserted by 11/2018 r 5 5.2.2018 heading substituted by 212/2018 r 5(1) 1.12.2018 Pt 2 inserted by 212/2018 r 5(2) 1.12.2018 Historical versions
27.6.2013 5.9.2013 10.7.2014 11.9.2014 1.7.2016 12.9.2016 5.2.2018
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