TOBACCO PRODUCTS REGULATION (SMOKING IN THE CASINO AND GAMING VENUES) AMENDMENT BILL 2003

Part 2—Amendment of Tobacco Products Regulation Act 1997

(1) Section 4(1)—after the definition of authorised officer insert:

bar or lounge area means an area that is primarily and predominantly used for the consumption of alcoholic drinks rather than meals or gaming;

(2) Section 4(1)—after the definition of consume insert:

enclosed area or place means an area or place that is, except for doorways, passageways and internal wall openings, completely or substantially enclosed by a solid permanent ceiling or roof and solid permanent walls or windows, whether the ceiling, roof, walls or windows are fixed or movable and open or closed;

(3) Section 4(1)—after the definition of entertainment insert:

gaming area has the same meaning as in the Gaming Machines Act 1992;

gaming room means a room that consists of or includes a gaming area;

5—Amendment of section 47—Smoking in enclosed public dining or cafe areas

Section 47(1), definitions of bar or lounge area and enclosed—delete the definitions

6—Insertion of sections 48 and 49

After section 47 insert:

48—Smoking in the casino

(1) In this section—

casino means the licensed casino under the Casino Act 1997;

health Minister means the Minister responsible for the administration of the South Australian Health Commission Act 1976;

TAB area means an area in the casino in which totalisator betting is conducted.

(2) A person must not smoke in the casino, except in a declared smoking area.

Maximum penalty: $200.

Expiation fee: $75.

(3) For the purposes of subsection (2), the health Minister may, by notice in the Gazette, declare an area within the casino that, in the Minister's opinion, is a bar or lounge area or a TAB area to be a smoking area and may, by subsequent notice in the Gazette, vary or revoke such a declaration.

(4) The health Minister must consult with the Minister responsible for the administration of the Casino Act 1997 before making, varying or revoking a declaration under subsection (3).

(5) The occupier of any area within the casino must display signs in the area in accordance with the regulations.

Maximum penalty: $1 000.

(6) If smoking occurs in an area in the casino in contravention of subsection (2), the occupier of that area in the casino is guilty of an offence.

Maximum penalty: $1 000.

(7) It is a defence to a charge of an offence against subsection (6) if the defendant proves that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—

(a) he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

(b) he or she—

(i) requested the person smoking to stop smoking; and

(ii) informed the person that the person was committing an offence.

49—Smoking in gaming areas and rooms etc

(1) In this section—

licensed premises means licensed premises within the meaning of the Gaming Machines Act 1992.

(2) A person must not smoke—

(a) in relation to licensed premises that consist of only one enclosed public area (other than toilets, bathrooms, hallways, foyers, storerooms or similar rooms)—in a gaming area; or

(b) in relation to any other licensed premises—

(i) in a gaming room; or

(ii) in any enclosed public area that overlooks a gaming area.

Maximum penalty: $200.

Expiation fee: $75.

(3) The occupier of an area or room in which smoking is prohibited under subsection (2) must display signs in the area or room in accordance with the regulations.

Maximum penalty:

(a) in the case of a natural person—$500;

(b) in the case of a body corporate—$1 000.

(4) If smoking occurs in an area or room in contravention of subsection (2), the occupier of the area or room is guilty of an offence.