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SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) REGULATION 2005 (NO 21 OF 2005)
2005
THE LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL
TERRITORY
SMOKING(PROHIBITION IN ENCLOSED
PUBLIC PLACES) REGULATION 2005
Subordinate Law SL2005 -
21
EXPLANATORY
STATEMENT
Circulated by the authority
of
Simon Corbell
Minister for Health
Overview
The purpose of this Regulation is to explain the meaning
of ‘enclosed’ in relation to an ‘enclosed public place’
pursuant to the Smoking(Prohibition in Enclosed Public Places) Act
2003(the Act). The Act prohibits smoking in all enclosed public places, as
from 1 December 2006.
The Regulation defines what is meant by
‘enclosed’ and explains how to determine if a public place meets
this definition. The Regulation should be read in the context of the Object of
the Act: ‘to promote public health by minimising the exposure of people in
enclosed public places to environmental smoke.’ In the context of the Act
and this Regulation, smoke means smoke from an ignited tobacco or herbal smoking
product.
Revenue/Cost Implications
The Regulation will be
implemented within existing resources.
PART 1
Preliminary
Section 1 Name of Regulation
This Section
specifies that the name of the Regulation is ‘Smoking( Prohibition in
Enclosed Public Places) Regulation 2005’.
Section 2
Commencement
This Section provides for the Regulation to commence on 1
December 2006.
Section 3 Dictionary
This Section states that
the dictionary at the end of the Regulation is part of the
Regulation.
Section 4 Notes
This Section states that a note
included in the Regulation is explanatory and is not part of the
Regulation.
PART 2 Enclosed public places
Section 5
purposes of part 2
Section 5(1) This subsection notes that the
Act prohibits smoking in enclosed public places and creates offences that give
effect to that prohibition.
Section 5(2) This subsection notes
that the object of the Act is to promote public health by minimising the
exposure of people in enclosed public places to environmental smoke.
Section 5(3) This subsection states that under the Act, an
enclosed public place is a public place, or part of a public place, as
prescribed by the Regulation.
Section 5(4) This subsection states
that the purpose of this Regulation is to set out what makes a place enclosed
pursuant to the Act’s definition.
This section states a place is enclosed if it is covered and is 75% or
more enclosed. The term “75% or more enclosed” is defined in section
8.
Section 7(1) This subsection states that a place is covered if is
it under an overhead cover. Ceilings, roofs and or other structure that prevents
or impedes upward airflow will count as an overhead cover.
Section
7(2) This subsection explains that an area under the overhead cover is only
covered to the extent that the overhead cover is present at a particular time.
An example is provided in relation to a moveable awning.
This Section defines the term ‘75% or more enclosed’ by reference
to the ‘closed area’ of the place and the ‘open area’ of
the place. ‘Closed area’ and ‘open area’ are defined in
sections 8, 9, 10, 11 and 12. A place will be enclosed if the open area that
opens directly to the outside air is 25% or less than the sum of the closed area
and the open area.
The closed area of the walls of a place is determined as set out in this
section. Walls are defined as structures that prevent or impede lateral airflow.
The area of the solid surface of the walls of the place will make up the closed
area.
Specific provision is made for moveable walls (which will be part
of the closed area only when present) and door and windows (which will be
treated as always closed). Further, subsection (7) provides that flyscreen,
shadecloth and canvas will be taken to have a solid surface (and will therefore
be part of the closed area).
The closed area of the overhead cover of a place is worked out as set out
in this section. As the examples make clear, the area of the vertical projection
of the cover is the area plan view of the cover (that is, when viewed directly
from above).
As with walls, flyscreen, shadecloth and canvas will be
treated as solid, and therefore closed.
The open area of the walls of a place is determined as set out in this
section. The open area will be the minimum area required to fill gaps in the
walls, any gaps between the walls and the overhead cover and any gaps between
the walls and the floor or ground.
The open area of the overhead cover of a place is determined as set out
in this section. If there are any gaps in the cover (such as when the
cover is made of lattice) then the gaps in the cover will count as part of the
open area of the place. As with the walls, flyscreen, shadecloth and canvas will
be treated as solid, and therefore closed.
The Dictionary sets out
the definitions for the regulation.