Public Health (Infringement Notices) Amendment Regulations 2006

Public Health (Infringement Notices) Amendment Regulations 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Public Health Act 1997 .

18 December 2006

W. J. E. COX

Governor

By His Excellency's Command,

LARA GIDDINGS

Minister for Health and Human Services

1.   Short title

These regulations may be cited as the Public Health (Infringement Notices) Amendment Regulations 2006 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Public Health (Infringement Notices) Regulations 1998 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Offences under Act)

Regulation 3(1) of the Principal Regulations is amended by omitting "the offences" and substituting "offences".

5.    Regulation 4 inserted

After regulation 3 of the Principal Regulations , the following regulation is inserted:

4.   Offences under Public Health (General) Regulations 2005

(1)  The offences contained in the Public Health (General) Regulations 2005 and generally described in Column 2 of Schedule 2 under the respective regulations specified in Column 1 of that Schedule are prescribed as offences in respect of which infringement notices may be issued.

(2)  The penalties specified in Column 3 of Schedule 2 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

6.    Schedule 1 amended (Offences under Public Health Act 1997 )

Schedule 1 to the Principal Regulations is amended by omitting

67E(2)	Failure to designate the area of a bar area or gaming area in which smoking is permitted	2
67F	Failure to ensure smoke-free area of a bar area is not of inferior amenity to bar area in which smoking is permitted	1

and substituting:

67F

Failure to ensure smoke-free area of an outdoor dining area is not of inferior amenity to outdoor dining area in which smoking is permitted

1

7.    Schedule 2 inserted

After Schedule 1 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 2 - Offences under Public Health (General) Regulations 2005

Regulation 4

	Column 1 Regulation	Column 2 General description of offence	Column 3 Penalty units
1.	6(1)	Occupier permits or provides certain things in an approved smoking area	1
2.	6(2)	Failure of occupier to keep certain doors and windows closed	1

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 December 2006

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Public Health (Infringement Notices) Regulations 1998 by –

(a) omitting two offences under the Public Health Act 1997 that have been repealed; and

(b) inserting the following offences as offences for which an infringement notice may be issued:

(i) the provision of an inferior smoke-free outdoor dining area under the Public Health Act 1997 ;

(ii) the offences contained in the Public Health (General) Regulations 2005 .