Public Health Amendment (Smoke-free Areas) Act 2001
An Act to amend the Public Health Act 1997
[Royal Assent 26 April 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Public Health Amendment (Smoke-free Areas) Act 2001 .
This Act commences on a day to be proclaimed that is not earlier than 1 September 2001.
In this Act, the Public Health Act 1997 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by inserting the following definition after the definition of authorised officer :bar area means an enclosed area that contains a bar from which alcoholic beverages are served within premises to which a permit or licence under the Liquor and Accommodation Act 1990 relates;(b) by inserting the following definition after the definition of emergency declaration :enclosed means –(a) having a ceiling or roof; and(b) being completely or substantially enclosed by walls or windows, except for doors and passageways;(c) by inserting the following definition after the definition of food :gaming area means –(a) a discrete area of premises to which a permit or licence under the Liquor and Accommodation Act 1990 relates containing gaming machines; and(b) a discrete area of a casino where gaming takes place;(d) by inserting the following definition after the definition of medical officer of health :multiple-use building means a building used or intended to be used for domestic and other purposes;(e) by inserting the following definition after the definition of nominated officer :non-domestic building means a building used or intended to be used for purposes other than domestic;(f) by inserting the following definition after the definition of regulated system :residential care facility means a facility that provides residential care;(g) by omitting the definition of smoking and substituting the following definitions:smoke means to –(a) smoke, hold or otherwise have control over an ignited cigarette, cigar or pipe; or(b) permit the release of smoke or fumes from a burning cigarette, cigar or pipe;smoke-free area means an area or place referred to in section 67B(1) ;(h) by omitting "mark." from the definition of wharf and substituting "mark;";(i) by inserting the following definition after the definition of wharf :workplace means any premises or place where an employee, contractor or self-employed person is employed or engaged in any industry.
5. Part 4, Division 1A substituted
Division 1A of Part 4 of the Principal Act is repealed and the following Division is substituted:Division 1A - Smoke-free areas(1) A smoke-free area is any of the following:(a) an enclosed public place;(b) an enclosed workplace;(c) any area not within private premises designated by the occupier of the area as a smoke-free area;(d) any area of an outdoor sporting or cultural venue containing reserved seating;(e) an area within 3 metres of an entrance to or exit from any non-domestic building or multiple-use building;(f) an area within 10 metres of any air intake for ventilation equipment on or in a multiple-use building or a non-domestic building;(g) a reasonable area of a bar area, including an area in the immediate vicinity of the bar.(2) The following are not smoke-free areas unless designated as such:(a) any open deck area of a ship or vessel;(b) any personal living area of any place providing accommodation for a fee, residential care facility or prison from which smoke drift to any smoke-free area cannot reasonably occur;(c) an area within 3 metres of an entrance to or exit from any non-domestic building or multiple-use building in any period during which food purchased from the occupier of the building is consumed within that area at a table provided by the occupier;(d) a bar area (other than a reasonable area, including an area in the immediate vicinity of the bar) in any period during which no food, other than snacks of a class specified in the guidelines, confectionery or beverages is available or consumed in the bar area;(e) a gaming area in any period during which no food, other than snacks of a class specified in the guidelines, confectionery or beverages is available or consumed in the gaming area.67C. Smoking in smoke-free areas prohibited
(1) A person must not smoke in a smoke-free area.Penalty: Fine not exceeding 20 penalty units.(2) It is a defence in proceedings for an offence under subsection (1) for a person to prove that he or she –(a) did not know, and could not reasonably be expected to have known, that the place where the person was smoking was a smoke-free area; or(b) stopped smoking as soon as requested to do so; or(c) in the case of a smoke-free area referred to in section 67B(1)(e) , was unable to comply because there were less than 6 metres between entrances or exits of the building.(3) A nominated officer may require a person who is smoking in a smoke-free area to stop smoking.(4) A person must not fail or refuse to comply with a requirement of the nominated officer under subsection (3) .Penalty: Fine not exceeding 5 penalty units.67D. Offence by occupiers of smoke-free areas
(1) If a person smokes in a smoke-free area, the occupier of the smoke-free area is guilty of an offence.(2) It is a defence in proceedings for an offence under subsection (1) for a person to prove that he or she or any of his or her employees or agents did not provide (otherwise than by sale) any ashtray, match or lighter or do any other thing to facilitate smoking in the smoke-free area and that the person or any of his or her employees or agents –(a) did not know, or could not reasonably be expected to have known, that the person concerned was smoking in the smoke-free area; or(b) took all of the following actions:(i) requested the person to stop smoking in the smoke-free area;(ii) informed the person that the person was committing an offence by smoking in the smoke-free area;(iii) if the person continued to smoke after having been requested to stop, requested the person to leave the smoke-free area.(3) A request under subsection (2)(b)(iii) that a person leave a smoke-free area does not affect any liability of the person to pay for any food or beverage supplied to, or ordered by, the person.(1) The occupier of a smoke-free area must display within that area any sign approved by the Director or containing wording or images approved by the Director for display in a smoke-free area or class of smoke-free area.(2) The operator of any bar area or gaming area that contains a smoke-free area and an area in which smoking is permitted must clearly designate the area in which smoking is permitted.Penalty: Fine not exceeding 5 penalty units.67F. Amenity of smoke-free areas
The operator of premises to which a permit or licence under the Liquor and Accommodation Act 1990 relates must ensure that any smoke-free area in a bar area is not of inferior amenity to any bar area in the same premises in which smoking is permitted.67G. Minimising risk to health
An occupier of an area who requires persons to work in a personal living area that is not a smoke-free area must develop and implement procedures to minimise the risk to the health of those persons.Penalty: Fine not exceeding 5 penalty units.A person must not smoke in a vehicle while it is being used in the course of employment if another person is present.Penalty: Fine not exceeding 20 penalty units.
[Second reading presentation speech made in:
House of Assembly on 22 MARCH 2001
Legislative Council on 28 MARCH 2001]