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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Health (Smoking in Enclosed Public Places)
Amendment Bill 2003
CONTENTS
1. Short title 1
2. Commencement 1
3. Health Act 1911 amended 2
4. Part IXB* amended 2
5. Section 360(5) amended 4
6. Regulations revoked 5
200--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Dr Woollard, MLA)
Health (Smoking in Enclosed Public Places)
Amendment Bill 2003
A Bill for
An Act to amend Part IXB and section 360 of the Health Act 1911
and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Health (Smoking in Enclosed
5 Public Places) Amendment Act 2003.
2. Commencement
This Act comes into operation on a day which is the earlier
of --
(a) a day fixed by proclamation; or
page 1
Health (Smoking in Enclosed Public Places) Amendment Bill 2003
s. 3
(b) the day that is 6 months from the day on which it
receives the Royal Assent.
3. Health Act 1911 amended
This Act amends Part IXB and section 360 of the Health
5 Act 1911.
4. Part IXB* amended
(1) Section 289E is amended by deleting in the definition of
"regulations" the words ", if any,".
(2) After section 289E the following sections are inserted --
10 "
289EA. Smoking in enclosed public place prohibited
(1) Smoking in an enclosed public place is prohibited.
(2) A person who smokes in an enclosed public place at
any time commits an offence.
15 (3) The offence under subsection (2) is committed --
(a) whether or not another person was present;
(b) despite entry to the enclosed public place being
restricted to the guests or invitees of a person,
and it is immaterial that the person charged
20 was, or was not, a guest or invitee.
(4) The absence or non-visibility of prescribed signage is
not a defence to a charge under subsection (2) but, on
conviction, may be pleaded in mitigation of penalty.
(5) This section does not apply to a person who, while
25 personating a character, smokes in the course of
performing an artistic work.
page 2
Health (Smoking in Enclosed Public Places) Amendment Bill 2003
s. 4
289EB. Duty to display signs
(1) The occupier of an enclosed public place must display
signs as prescribed stating that smoking is prohibited.
(2) The duty imposed by subsection (1) continues from
5 day to day.
(3) an occupier who or which contravenes subsection (1)
without lawful excuse (proved by the occupier)
commits an offence.
(4) In this section "occupier" is the person having the
10 control or management or overall responsibility for an
enclosed public place, but does not include a person in
temporary occupation of an enclosed public place for a
specified purpose if entry during that period is
restricted to the guests or invitees of that person.
15 ".
(3) Section 289F is repealed and the following section is
substituted --
"
289F. Regulations
20 (1) The Governor is to make regulations under section 341
that --
(a) prescribe the content, dimensions and location
of signs that must be displayed under
section 289EB;
25 (b) confer powers on environmental health officers
with respect to the enforcement of the
provisions of section 289EA and 289EB.
(2) Subsection (1) does not prevent the making of
regulations under section 341 for a purpose with
30 respect to the provisions of section 289EA or 289EB.
page 3
Health (Smoking in Enclosed Public Places) Amendment Bill 2003
s. 5
(3) Regulations may permit a fully-enclosed and
adequately ventilated space that is part of, or adjacent
to, an enclosed public place to be used as a smoking
room on the terms and conditions prescribed.
5 (4) It is a condition of any approval given or provided for
under subsection (3) that --
(a) 2 self-closing doors at least 1.5 metres apart
divide the smoking room from the enclosed
public place;
10 (b) hospitality or other services provided at any
time and from time to time in the enclosed
public space are not provided to persons
occupying the smoking room.
(5) Regulations made under subsection (3) expire
15 12 months from the day on which the Health (Smoking
in Enclosed Public Places) Amendment Act 2003
comes into operation and any use authorized by those
regulations is terminated on their expiry.
".
20 (4) Section 289H is repealed.
[* Inserted by section 5 of the Health Amendment Act 1998; Act
No. 62 of 1998.]
5. Section 360(5) amended
Section 360(5)* is amended by inserting in paragraph (a) the
25 following subparagraph --
"
(iii) if the same offence is committed more than
twice, a penalty for a third or subsequent
offence that does not exceed $5 000.
30 ".
[* Inserted by section 6 of the Health Amendment Act 1998; Act
No. 62 of 1998.]
page 4
Health (Smoking in Enclosed Public Places) Amendment Bill 2003
s. 6
6. Regulations revoked
The Health (Smoking in Enclosed Public Places) Regulations
1999 are revoked.
page 5
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