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This is a Bill, not an Act. For current law, see the Acts databases.


HEALTH (SMOKING IN ENCLOSED PUBLIC PLACES) AMENDMENT BILL 2003

                     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

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     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.




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               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.




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     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.]

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     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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