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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.
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