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Smoking Regulation Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act 6 months
after the date of assent or on an earlier day appointed by proclamation.
Clause 3 defines public
place and other words and expressions used in the
proposed Act.
Clause 4 states the object of the proposed Act.
Clause 5 states that the proposed Act binds the Crown.
Clause 6 prohibits smoking in an enclosed public place, with certain
specified exceptions. The regulations may prescribe other exceptions.
Clause 7 makes it an offence to fail to obey the direction of an inspector, or
of the occupier of premises, to stop smoking in contravention of the proposed
Act.
Clause 8 makes the occupier of an enclosed public place guilty of an
offence if any person smokes in contravention of the proposed Act, subject to
certain defences.
Clause 9 requires the occupier of an enclosed public place to display certain
signs.
Clause 10 requires:
(a)
the occupier of an enclosed public place to take reasonable steps to
stop smoke entering the place from another part of the same premises
where smoking is not prohibited, and
(b)
the occupier of a part of premises where smoking is not prohibited to
take reasonable steps to prevent smoke from that part from spreading
to an enclosed public place on the same premises.
Clause l 1 provides for the appointment of inspectors for the purposes of the
proposed Act.
Clause 12 empowers inspectors to enter enclosed public places and to give
certain directions in relation to offences.
Clause 13 prohibits obstruction and impersonation of an inspector.
Clause 14 provides that proceedings for offences under the proposed Act
are to be taken before a Local Court.
Explanatory note page 2
Clause 15 states that the proposed Act neither creates nor preserves
a right
to smoke in an enclosed public place.
Clause 16 requires the Director-General of the Department of Health to
publicise the proposed Act.
Clause 17 allows regulations to be made in aid of the proposed Act.
Clause 18 is a provision requiring a review of the proposed Act after 3
years' operation.
Schedule gives examples of enclosed public places where smoking is
prohibited.
Schedule 2 sets out a list of places that are exempted from the ban on
smoking in certain circumstances.
Explanatory note page 3