Australian Capital Territory Numbered Regulations

SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) REGULATION 2005 (NO 21 OF 2005) - REG 6

A place is "enclosed" if—

        (a)     it is covered; and

        (b)     it is 75% or more enclosed.

Note 1     Under this definition, any part of a place that is not under cover is not enclosed . However, the Act requires an occupier of premises to take reasonable steps to prevent smoke from the premises entering an enclosed public place—see s 8A (Offence by occupier—permitting smoke into enclosed public place from another part of premises) and s 9 (Offence by neighbouring occupier).

Note 2     Place includes part of a place (see dict, def place ).