Northern Territory Consolidated Acts

TOBACCO CONTROL ACT - SECT 11

(1) Subject to subsection (2), the Regulations may permit the occupier of premises or the occupiers of a class of premises to designate an area within the premises to be an exempt area, subject to the conditions (if any) specified in the Regulations.

(2) An occupier of premises cannot designate any of the following areas to be an exempt area:

(a) a dance floor;

(b) an indoor food service area;

(c) a common access area (including but not limited to a foyer area, a doorway, a passageway, a stairway, a toilet or ablution area, or a changing room);

(d) an entrance area that is not part of an outdoor food service area;

(e) an air-conditioning inlet area.

(3) The matters that the Regulations may specify as conditions for the purposes of subsection (1) include but are not limited to the following:

(a) a requirement that an occupier of an exempt area establish and maintain a smoke-free area of equal amenity to that of the exempt area;

(b) a requirement that an occupier of an exempt area put in place measures to minimise employees' exposure to environmental tobacco smoke.

(3A) For the purposes of subsection (3)(a), a smoke-free area of equal amenity is to be additional to any smoke-free areas specified in subsection (2).

(4) If a person smokes in an exempt area in circumstances that contravene a condition specified by the Regulations for the purposes of subsection (1), the occupier of the exempt area commits an offence.

Penalty: If the offender is a natural person - 20 penalty units.

If the offender is a body corporate - 100 penalty units.

(5) This section does not, and a regulation made for the purposes of this section cannot, require an occupier of premises to designate an area within the premises to be an exempt area.