Smoke-free Environment Regulation 2000

1 Name of Regulation

This Regulation is the Smoke-free Environment Regulation 2000.

2 Commencement

This Regulation commences on 6 September 2000.

3 Definition

(1)  In this Regulation:

the Act means the Smoke-free Environment Act 2000.

(2)  The explanatory note does not form part of this Regulation.

4 Signs displayed in smoke-free zones

(1)  For the purposes of section 9 (1) of the Act, signs that are clearly legible and contain:

(a)  the smoking prohibited symbol with a diameter of at least 90 mm, and

(b)  the words “NO SMOKING” in letters of at least 20 mm in height, and

(c)  a reference to the name of the Act, and

(d)  the words “Penalties may apply”,

are prescribed.

(2)  For the purposes of section 9 (1) of the Act, the prescribed manner of displaying signs within a smoke-free area is:

(a)  in such numbers, and

(b)  in positions of such prominence,

that they are likely to be seen by a person at a public entrance to, or within, the area.

(3)  In this clause:

smoking prohibited symbol means the symbol designated in Australian Standard 2899.1—1986 to indicate where smoking is prohibited.

5 Exemption from requirement to display signs

In accordance with section 9 (2) of the Act, any public place:

(a)  in respect of which persons would reasonably be expected to know, by custom or otherwise, that smoking is not permitted, and

(b)  in which persons do not usually smoke,

is exempt from section 9 (1) of the Act.

6 Exempt areas—prescribed requirements

The occupier of premises that contain an exempt area is required:

(a)  to separate the exempt area from any other part of the premises that is a smoke-free area by the use of partitions or other similar barriers, or

(b)  to ensure that a space of at least 1.5 metres is maintained between the exempt area and any other part of the premises that is a smoke-free area.

cl 6: Ins 4.10.2002. Subst 2004 No 110, Sch 2.3.