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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Tobacco Products Regulation (Further Restrictions)
Amendment Bill 2011
A BILL FOR
An Act to amend the Tobacco
Products Regulation Act 1997.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Tobacco Products
Regulation Act 1997
4Insertion of sections 49, 50
and 51
49Smoking banned
in certain public transport areas
50Smoking banned near certain playground
equipment
51Minister
may ban smoking in public areas
5Insertion of
section 83
83Expiation
notices may be given to certain children
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Tobacco Products Regulation (Further
Restrictions) Amendment Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Tobacco Products Regulation
Act 1997
4—Insertion
of sections 49, 50 and 51
After section 48 insert:
49—Smoking banned in certain public transport
areas
(1) A person must not
smoke in a prescribed public transport area.
Maximum penalty: $200.
Expiation fee: $75.
(2) Without limiting any other provision of this Act,
subsection (1) does
not apply to a person smoking in a motor vehicle.
(3) For the purposes of this section, a person will be taken to be in a
prescribed public transport area if any part of the person is within the
prescribed public transport area.
(4) In proceedings for an offence against this section, an allegation in
the complaint that a specified place is a prescribed public transport area will
be accepted as proved in the absence of proof to the contrary.
(5) In this section—
prescribed public transport area means any part of a bus
stop, tram stop, railway station, taxi rank, airport or similar place that
is—
(a) a public area; and
(b) used, or is intended to be used, by passengers boarding or alighting
from public transport; and
(c) wholly or partly covered by a roof;
public transport includes—
(a) a taxi service; and
(b) a transport service provided by aircraft or vessel.
50—Smoking banned near certain playground
equipment
(1) A person in a
public area must not smoke within 10 metres of any prescribed children's
playground equipment.
Maximum penalty: $200.
Expiation fee: $75.
(2) Without limiting any other provision of this Act,
subsection (1) does
not apply to a person smoking in a motor vehicle.
(3) For the purposes of this section—
(a) a person will be taken to be in a public area if any part of the
person is within the public area; and
(b) a person will be taken to be within 10 metres of prescribed
children's playground equipment if any part of the person is within
10 metres of any part of the prescribed children's playground
equipment.
(4) In proceedings for an offence against this section, an allegation in
the complaint that—
(a) specified equipment is children's playground equipment; or
(b) specified children's playground equipment is prescribed children's
playground equipment,
will be accepted as proved in the absence of proof to the
contrary.
(5) In this section—
prescribed children's playground equipment means children's
playground equipment (however described) that is located in a public
area.
51—Minister may ban smoking in public
areas
(1) The Minister may,
by notice in the Gazette, declare that smoking is banned in the public area or
areas specified in the notice.
(2) A notice under
subsection (1)—
(a) has effect—
(i) if a particular day or days, or a part of a day, during which the
notice is to have effect is specified in the notice—on that day or days or
that part of a day; or
(ii) if a particular period during which the notice is to have effect is
specified in the notice—during that period; or
(iii) in any other case—until the notice is revoked under this
section; and
(b) may exempt specified areas, or specified circumstances, from the
operation of the notice; and
(c) may be conditional or unconditional; and
(d) may be of general application or vary in its application in respect of
each public area to which it applies.
(3) The Minister may, by subsequent notice in the Gazette, vary or revoke
a notice under
subsection (1).
(4) A person who smokes in contravention of a notice under
subsection (1) is
guilty of an offence.
Maximum penalty: $200.
Expiation fee: $75.
(5) If a notice is made under
subsection (1),
signs setting out the effect of the notice must be erected in such numbers and
in positions of such prominence that the signs are likely to be seen by persons
within the public area or areas to which the notice relates (however, validity
of a prosecution is not affected by non-compliance or insufficient compliance
with this subsection).
(6) For the purposes of this section, a person will be taken to be in a
particular area if any part of the person is within the area.
After section 82 insert:
83—Expiation notices may be given to certain
children
Despite section 6 of the Expiation
of Offences Act 1996, an expiation notice for an offence against
this Act may be given to a child who has attained the age of
15 years.