Smoke-free Areas (Enclosed Public Places) Regulations 1994 No 37 in force under the Smoke-free Areas (Enclosed Public Places) Act 1994 Republication No 1A



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Australian Capital Territory



Smoke-free Areas (Enclosed Public Places) Regulations 1994 No 37

in force under the Smoke-free Areas (Enclosed Public Places) Act 1994

Republication No 1A

As in force on 30 November 2000

Includes all amendments up to Subordinate Law 2000 No 30

Prepared by the ACT Parliamentary Counsel’s Office

This republication is not an authorised republication for the Legislation (Republication) Act 1996.


As in force on

30 November 2000



Australian Capital Territory



Smoke-free Areas (Enclosed Public Places) Regulations 1994

in force under the



Smoke-free Areas (Enclosed Public Places) Act 1994

CONTENTS

Page


1 Name of regulations 1

3 Definitions for regulations 1

4 Prescribed signs and manner of display 1

5 Signs citing Act 2

6 Prescribed places where smoking allowed 2

SCHEDULE 1

Places exempted in certain circumstances 4

ENDNOTES

1 About this republication 5

2 About the republished subordinate law 5

3 Abbreviation key 5

4 Table of legislation 6

5 Table of amendments 6

6 Table of earlier republications 6


As in force on

30 November 2000



Australian Capital Territory



Smoke-free Areas (Enclosed Public Places) Regulations 1994

in force under the



Smoke-free Areas (Enclosed Public Places) Act 1994

1  Name of regulations

These regulations are the Smoke-free Areas (Enclosed Public Places) Regulations 1994.

3 Definitions for regulations

In these regulations:

Act means the Smoke-free Areas (Enclosed Public Places) Act 1994.

smoking prohibited symbol means the symbol designated in Australian Standard 2899.1—1986 to indicate where smoking is prohibited.

Note: A definition applies except so far as the contrary intention appears (see Interpretation Act 1969, s 11G as applied by the Subordinate Laws Act 1989, s 9).

4 Prescribed signs and manner of display



(1) For the purposes of subsection 14 (3) of the Act, a prescribed sign is a sign that—

(a) contains—

(i) the phrase ‘no smoking’, ‘smoking prohibited’ or ‘smoke-free zone’ in letters that are at least 20 mm in height; or

(ii) the smoking prohibited symbol with a diameter of at least 70 mm; or

(iii) other words or symbols that indicate clearly that smoking is prohibited; and

(b) indicates clearly where smoking is prohibited.



(2) For the purposes of subsection 14 (3) of the Act, the prescribed manner of displaying signs within a place is—

(a) in such numbers; and

(b) in positions of such prominence;

that such a sign is likely to be seen by a person at a public entrance to, or within, the place.



(3) Subregulations (1) and (2) do not apply in relation to an enclosed public place if—

(a) persons within the place could reasonably be expected to know, by custom or otherwise, that smoking is not permitted in the place; and

(b) persons do not usually smoke in the place.

5 Signs citing Act

An occupier of an enclosed public place shall not, without reasonable excuse, display within that place a sign—

(a) indicating that smoking is prohibited; and

(b) that includes a reference to the Act;

unless smoking is prohibited under the Act in that place.

Maximum penalty:

(a) if the offender is a natural person—$500; or

(b) if the offender is a body corporate—$2,500.

6  Prescribed places where smoking allowed

For paragraph 5 (4) (b) of the Act, a place mentioned in Schedule 1 is prescribed in the circumstances mentioned in the Schedule for the place.

SCHEDULE 1 (See reg 6)

Places exempted in certain circumstances




place

circumstance

1

an area in a building occupied by the University of Canberra that is designated in writing by the Vice-Chancellor of the university as a place where research may be carried out into the effects of smoking

if all the persons taking part in the research are at least 18 years old and the building has equipment that will prevent air moving from the designated area to another area occupied by the university where smoking is not allowed



2

enclosed car parks

if the car park is fitted with equipment that can maintain air quality in accordance with Australian Standard 1668.2.

ENDNOTES

1 About this republication

This is a republication of the Smoke-free Areas (Enclosed Public Places) Regulations 1994 as in force under the Smoke-free Areas (Enclosed Public Places) Act 1994 on 30 November 2000. It includes all amendments made to the regulations up to Subordinate Law 2000 No 30.

Amending laws are annotated in the table of legislation and table of amendments.

The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws: authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications. The status of a republication appears on its cover and from its republication number.

A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication. A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.

Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice. The amendments do not effect a substantive change in the law.

In preparing this republication, amendments have not been made under section 13.

Not all amendments made under section 13 are annotated in the table of amendments. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

2 About the republished subordinate law

The Smoke-free Areas (Enclosed Public Places) Regulations 1994 were originally the Smoke-free Areas (Enclosed Public Places) Regulations. They were renamed by the Smoke-free Areas (Enclosed Public Places) Regulations Amendment 2000 No 30 (see reg 3).

3 Abbreviation key

Key to abbreviations in tables

am = amended

amdt = amendment

ch = chapter

cl = clause

def = definition

dict = dictionary

div = division

exp = expires/expired

Gaz = Gazette

hdg = heading

ins = inserted/added

LR = Legislation (Republication) Act 1996

mod = modified

No = number

notfd = notified

o = order

om = omitted/repealed

orig = original

p = page

par = paragraph

pres = present

prev = previous

(prev...) = previously

prov = provision

pt = part

r = rule/subrule

reg = regulation/subregulation

renum = renumbered

reloc = relocated

R[X] = Republication No

s = section/subsection

sch = schedule

sdiv = subdivision

sub = substituted

SL = Subordinate Law

sp = spent

* = SL unless otherwise stated

† = Act or Ordinance unless otherwise stated



4 Table of legislation

Subordinate law*

Year and number*

Gazette

notification



Commencement

Transitional provisions




Smoke-free Areas (Enclosed Public Places) Regulations

1994 No 37

9 Nov 1994

9 Nov 1994







2000 No 30

20 July 2000

regs 1 and 2: 20 July 2000
remainder: 19 Oct 2000




5 Table of amendments

Provision How affected*



reg 1 sub 2000 No 30 reg 3

reg 2 om 2000 No 30 reg 3

reg 6 ins 2000 No 30 reg 4

sch 1 ins 2000 No 30 reg 4

6 Table of earlier republications

Amendments to

Cut-off date

Republication number

SL 2000 No 30

30 November 2000

1


© Australian Capital Territory 2000



The Copyright Act 1968 (Cwlth) permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.

Unauthorised version prepared by ACT Parliamentary Counsel's Office

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