Australian Capital Territory Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) REGULATION 2005 (NO 21 OF 2005) - REG 7

Meaning of covered

    (1)     A place is covered if it is under a ceiling, roof or other structure or device (whether fixed or moveable) that prevents or impedes upward airflow (an overhead cover ).

Examples of other structure or device

1     awning

2     skylight

3     umbrella

    (2)     If an overhead cover (or part of an overhead cover) is moveable, the area under the overhead cover (or the part of the overhead cover) is covered at a particular time only to the extent that the overhead cover is present at that time.

Example for s (2)

An awning attached to a wall can be extended to a point 2m from the wall or a point 4m from the wall. If the awning is extended to the 2m point, the area under it to that 2m point is covered. If the awning is extended to the 4m point, the area under it to that 4m point is covered.

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).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback