Australian Capital Territory Numbered Regulations

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SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) REGULATION 2005 (NO 21 OF 2005) - REG 10

How to work out the closed area—overhead cover

    (1)     This section sets out how to work out the closed area of the overhead cover of a place.

    (2)     The closed area of the overhead cover of a place is the area of the vertical projection (inside the place) of the overhead cover.

Examples

1     A bar has a sloping ceiling. The closed area of the ceiling is worked out as the area of the projection onto a horizontal plane (the ‘plan view') of the ceiling, not the (larger) surface area of the ceiling itself.

2     A beer garden has a wooden lattice overhead cover. The closed area of the overhead cover is worked out as the area of the projection onto a horizontal plane (the ‘plan view') of the wooden lattice itself. The area of the gaps in the lattice is part of the open area of the overhead cover (see s 12).

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     For subsection (2), an overhead cover made of flyscreen, shadecloth or canvas is taken to have a solid surface.

    (4)     In this section:

"overhead cover" includes part of an overhead cover.



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