Australian Capital Territory
Smoke-Free Public Places (Public Transport Stops) Declaration 2017 (No 1)
Disallowable Instrument DI2017–248
made under the
Smoke-Free Public Places Act 2003, s 9O (Declaration of smoke-free public place or event)

1	Name of instrument
This instrument is the Smoke-Free Public Places (Public Transport Stops) Declaration 2017 (No 1).
2	Commencement
This instrument commences on 1 October 2017.
3	Declaration
(1)	I declare a public transport stop and the area within five metres of a public transport stop, to be a smoke-free public place. 
(2)	I declare a public transport waiting area and the area within five metres of a public transport waiting area, to be a smoke-free public place. 
4	Exemptions
(1)	This Declaration does not apply to a person in or on a vehicle travelling within five metres of a public transport stop or public transport waiting area.
Examples for paragraph (1)
(1)	A person smoking in a vehicle that travels within the five metre smoke-free perimeter around a public transport stop is exempt from the operation of this Declaration.
(2)	This Declaration does not apply to a person at a residential premises. 
Examples for paragraph (2)
(2)	A person smoking in a front yard that is within five metres of a public transport stop or public transport waiting area is exempt from the operation of this Declaration.
5	Definitions
In this instrument –
Public transport means a public passenger vehicle as defined by the Road Transport (Public Passenger Services) Act 2001.
Public transport stop means a designated place where public transport vehicles stop to allow passengers to board or alight. These stops are designated by the ACT Government and are marked by a fixture such a sign mounted to a pole with the label ‘bus stop’, ‘taxi zone’, ‘light rail stop’ or a pictorial symbol of a public transport vehicle. 
Public transport waiting area means a seating area (whether covered or uncovered) at a public transport stop that is intended as a waiting area for commuters such as a bench or chair.

Andrew Barr MLA					Meegan Fitzharris MLA
Chief Minister						Minister for Health and 								Wellbeing

18 September 2017					14 September 2017