Australian Capital Territory Numbered Regulations

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SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) REGULATION 2005 (NO 21 OF 2005) - REG 9

How to work out the closed area—walls

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

    (2)     The closed area of the walls of a place is the surface area of the walls that form part of the boundary of the place.

    (3)     A "wall" includes any door, window or other structure or device (whether fixed or moveable) that prevents or impedes lateral airflow.

Examples of other structure or device

1     moveable panel

2     shutter

3     blind

    (4)     If a wall is moveable, the wall forms part of the boundary of a place at a particular time only to the extent that it forms part of the boundary of the place at that time.

Example

A café has retractable panels along one of its boundaries. If the panels are completely closed, their whole surface area is counted. However, if the panels are 3 / 4 open, only 1 / 4 of their surface area is counted.

    (5)     However, a door or window that forms part of the boundary of the place must be treated as part of the closed area of the walls of the place even if it is open.

    (6)     For subsection (2), the surface area of a wall is the actual surface area (inside the place) of the solid surface of the wall.

Example

A restaurant has a courtyard with a metal slatted screen forming part of its boundary wall. The actual surface area of that part of the boundary wall is the surface area (inside the place) of the slats. The area of the gaps between the slats is part of the open area of the wall (see s 11).

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).

    (7)     For subsection (6), a wall made of flyscreen, shadecloth or canvas is taken to have a solid surface.

    (8)     In this section:

"wall" includes part of a wall.



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