New South Wales Consolidated Acts

SMOKE-FREE ENVIRONMENT ACT 2000 - SECT 13

13 Removal of exemption by Director-General

(1) The Director-General may declare that any particular area ceases to be an exempt area if satisfied that:

(a) any requirement of this Act or the regulations has not been complied with in relation to the premises containing the exempt area, or

(b) any guidelines in force under section 10 have not been complied with in relation to the premises containing the exempt area.

(2) The Director-General may only make a declaration under this section:

(a) after having given the occupier of the premises concerned:

(i) written advice of the Director-General’s intention to make the declaration, and

(ii) the reasons why the Director-General intends to make the declaration, and

(iii) an opportunity to make submissions within the period specified in the advice (being not less than 14 days), and

(b) after having considered any submissions made by the occupier within that period.

(3) A declaration under this section:

(a) must be in writing, and

(b) must be given to the occupier of the premises concerned, and

(c) takes effect on the day on which the declaration is given or on a later day specified in the notice.

(4) The Director-General may, at any time, revoke a declaration under this section by notice in writing given to the occupier of the premises concerned.