New South Wales Consolidated Acts

SMOKE-FREE ENVIRONMENT ACT 2000 - SECT 11B

11B Temporary exemption for areas of a club, hotel, nightclub or casino from 4 July 2005 until 2 July 2007

(1) In this section:
"room" means bar room, gaming machine room or recreation room.

(2) On or after 4 July 2005 and before 2 July 2007, one room, or one part of one room, in a club, hotel, nightclub or casino may be set aside as the exempt area.

(3) The exempt area under this section, when expressed as a percentage of the total area of all the rooms in the club, hotel, nightclub or casino, must not exceed:

(a) 50% on or after 4 July 2005 and before 3 July 2006, or

(b) 25% on or after 3 July 2006 and before 2 July 2007.

(4) Despite subsection (3), if the total area of all the rooms in the club, hotel, nightclub or casino does not exceed 100 square metres, the exempt area under this section, when expressed as a percentage of the total area of all the rooms in the club, hotel, nightclub or casino, must not exceed 50% on or after 4 July 2005 and before 2 July 2007.

(5) The following areas are not to be set aside as an exempt area or as part of an exempt area under this section and are not to be taken into account when determining the area of a room or rooms for the purposes of this section:

(a) a dining area, toilet area, foyer, lobby, thoroughfare, dance floor or auditorium,

(b) a counter at which drinks or food are ordered or served,

(c) a casino private gaming area.

(6) Subject to subsection (3), the Minister may authorise a club, hotel, nightclub or casino to set aside a second room (or part of a second room) as part of the exempt area under subsection (2). The granting of the authorisation and the authority conferred by the authorisation are subject to any requirements set out in the regulations (including with respect to the criteria to be met before an authorisation may be granted).