SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) REGULATIONS (NO. 37 OF 1994) 

- TABLE OF PROVISIONS

1. Citation  
2.   These Regulations commence on the day on which they are notified in the Gazette.  
3.   In these Regulations, unless the contrary intention appears--"Act" means the Smoke-free Areas (Enclosed Public Places) Act 1994; "smoking prohibited symbol" means the symbol designated in Australian Standard 2899.1--1986 to indicate where smoking is prohibited.  
5.   An occupier of an enclosed public place shall not, without reasonable excuse, display within that place a sign--  

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) REGULATIONS (NO. 37 OF 1994)
- REG 1
Citation

1.  These Regulations may be cited as the Smoke-free Areas (Enclosed Public Places) Regulations.
 Commencement

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) REGULATIONS (NO. 37 OF 1994)
- REG 2
2.  These Regulations commence on the day on which they are notified in the Gazette.
 Interpretation

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) REGULATIONS (NO. 37 OF 1994)
- REG 3
3.  In these Regulations, unless the contrary intention appears--"Act" means the Smoke-free Areas (Enclosed Public Places) Act 1994; "smoking prohibited symbol" means the symbol designated in Australian Standard 2899.1--1986 to indicate where smoking is prohibited.
 Prescribed signs and manner of display
4.  (1)  For the purposes of subsection 14 (3) of the Act a
prescribed sign is a sign that--
         (a)     contains--
               (i)     the phrase "no smoking", "smoking prohibited"
or "smoke-free zone" in letters that are at least 20 mm in
height;
               (ii)     the smoking prohibited symbol with a diameter of at least 70 mm;
or
               (iii)     other words or symbols that indicate clearly that smoking is
prohibited; and
         (b)     indicates clearly where smoking is prohibited.
(2)  For the purposes of subsection 14 (3) of the Act the prescribed
manner of displaying signs within a place is--
         (a)     in  such numbers; and
         (b)     in positions of such prominence;
that such a sign is likely to be seen by a person at a public entrance to,
or within, the place.
(3)  Subregulations (1) and (2) do not apply in relation to an
enclosed public place if--
         (a)     persons within the place could reasonably be expected to know, by
custom or otherwise, that smoking is not permitted in the place; and
         (b)     persons do not usually smoke in the place.
 Signs citing Act

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) REGULATIONS (NO. 37 OF 1994)
- REG 5
5.  An occupier of an enclosed public place shall not, without reasonable excuse, display within that place a sign--
         (a)     indicating that smoking is prohibited; and
         (b)     that includes a reference to the Act;
unless smoking is prohibited under the Act in that place.
Penalty:
         (a)     if the offender is a natural person--$500;
         (b)     if the offender is a body corporate--$2,500.
     

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) REGULATIONS (NO. 37 OF 1994)
- NOTES
NOTE

1.    Notified in the ACT Gazette on 9 November 1994.

(c)  Australian Capital Territory
2003

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) REGULATIONS (NO. 37 OF 1994)
- NOTES

Australian Capital
Territory

The Australian Capital Territory Executive makes the following Regulations
under the Smoke-free Areas (Enclosed Public Places) Act 1994.
Dated 8 November 1994.
TERRY CONNOLLYMinister
BILL WOODMinister