Transport (Conduct) and (Infringements) Amendment (Extension of Smoking Bans) Regulations 2014 (Vic)

Transport (Conduct) and (Infringements) Amendment (Extension of Smoking Bans) Regulations 2014

S.R. No. 1/2014

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objectives

2Authorising provisions

3Commencement

PART 2—AMENDMENT OF TRANSPORT (CONDUCT) REGULATIONS 2005

4Interpretation

5Smoking

PART 3—AMENDMENT OF TRANSPORT (INFRINGEMENTS) REGULATIONS 2010

6General conduct affecting amenity

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 1/2014

Transport (Compliance and Miscellaneous) Act 1983

Transport (Conduct) and (Infringements) Amendment (Extension of Smoking Bans) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 28 January 2014

Responsible Minister:

TERRY MULDER
Minister for Public Transport

YVETTE CARISBROOKE

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to amend the Transport (Conduct) Regulations 2005 to prohibit smoking at or on all areas of train station platforms, tram stop platforms and at other designated areas; and

(b)to make a consequential amendment to the Transport (Infringements) Regulations 2010.

2Authorising provisions

These Regulations are made under sections 56 and 215 of the Transport (Compliance and Miscellaneous) Act 1983.

3Commencement

These Regulations come into operation on 1 March 2014.

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PART 2—AMENDMENT OF TRANSPORT (CONDUCT) REGULATIONS 2005

4Interpretation

In regulation 3(1) of the Transport (Conduct) Regulations 2005[1] insert the following definition—

"designated area has the same meaning as it has in the Transport (Ticketing) Regulations 2006;".

5Smoking

(1)For regulation 24A(1)(c) of the Transport (Conduct) Regulations 2005 substitute—

"(c)a train platform;

(d)a designated area other than a train platform;

(e)a tram stop platform.".

(2)In regulation 24A(4) of the Transport (Conduct) Regulations 2005, for "and covered areas of train platforms" substitute ", train platforms, designated areas other than train platforms, and tram stop platforms".

(3)In regulation 24A(4)(a) of the Transport (Conduct) Regulations 2005, for "or covered area of the train platform" substitute "train platform, designated area other than a train platform, or tram stop platform".

(4)In regulation 24A(4)(b) of the Transport (Conduct) Regulations 2005, for "covered area of the train platform." substitute "designated area other than a train platform; or".

(5)After regulation 24A(4)(c) of the Transport (Conduct) Regulations 2005 insert—

"(c)on the train platform or tram stop platform.".

(6)In regulation 24A(5) of the Transport (Conduct) Regulations 2005—

(a)in paragraph (b) of the definition of occupier, after "train platform," insert "designated area other than a train platform, or tram stop platform,";

(b)insert the following definition—

"tram stop platform means a tram stop which has a raised platform other than where the platform forms part of a road;".

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PART 3—AMENDMENT OF TRANSPORT (INFRINGEMENTS) REGULATIONS 2010

6General conduct affecting amenity

In Column 3 of Item 24 of Table 2 in Schedule 3 to the Transport (Infringements) Regulations 2010[2] for "or a covered train platform" substitute "train platform, designated area other than a train platform, or tram stop platform".

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ENDNOTES

[1] Reg. 4: S.R. No. 69/2005.  Reprint No. 1 as at 14 July 2008.  Reprinted to S.R. No. 73/2008.  Subsequently amended by S.R. Nos 123/2008, 105/2011, 131/2011 and 22/2012.

[2] Reg. 6: S.R. No. 4/2010.  Reprint No. 1 as at 7 August 2013.  Reprinted to S.R. No. 103/2013.