Australian Capital Territory

Smoke-free Areas (Enclosed Public Places) Regulations 1994    No 37 
in force under the Smoke-free Areas (Enclosed Public Places) Act 1994
Republication No 1A
As in force on 30 November 2000
Includes all amendments up to Subordinate Law 2000 No 30

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
30 November 2000

Australian Capital Territory

Smoke-free Areas (Enclosed Public Places) Regulations 1994
in force under the
Smoke-free Areas (Enclosed Public Places) Act 1994
CONTENTS
	Page
	1	Name of regulations	1
	3	Definitions for regulations	1
	4	Prescribed signs and manner of display	1
	5	Signs citing Act	2
	6	Prescribed places where smoking allowed	2
	SCHEDULE 1
	Places exempted in certain circumstances	4
	ENDNOTES
	1	About this republication	5
	2	About the republished subordinate law	5
	3	Abbreviation key	5
	4	Table of legislation	6
	5	Table of amendments	6
	6	Table of earlier republications	6

As in force on
30 November 2000

Australian Capital Territory

Smoke-free Areas (Enclosed Public Places) Regulations 1994
in force under the
Smoke-free Areas (Enclosed Public Places) Act 1994
1 	Name of regulations
	These regulations are the Smoke-free Areas (Enclosed Public Places) Regulations 1994.
3	Definitions for regulations
In these regulations:
Act means the Smoke-free Areas (Enclosed Public Places) Act 1994.
smoking prohibited symbol means the symbol designated in Australian Standard 2899.1—1986 to indicate where smoking is prohibited.
Note:	A definition applies except so far as the contrary intention appears (see Interpretation Act 1969, s 11G as applied by the Subordinate Laws Act 1989, s 9).
4	Prescribed signs and manner of display
(1)	For the purposes of subsection 14 (3) of the Act, a prescribed sign is a sign that—
	(a)	contains—
	(i)	the phrase ‘no smoking’, ‘smoking prohibited’ or ‘smoke-free zone’ in letters that are at least 20 mm in height; or
	(ii)	the smoking prohibited symbol with a diameter of at least 70 mm; or
	(iii)	other words or symbols that indicate clearly that smoking is prohibited; and
	(b)	indicates clearly where smoking is prohibited.
(2)	For the purposes of subsection 14 (3) of the Act, the prescribed manner of displaying signs within a place is—
	(a)	in  such numbers; and
	(b)	in positions of such prominence;
that such a sign is likely to be seen by a person at a public entrance to, or within, the place.
(3)	Subregulations (1) and (2) do not apply in relation to an enclosed public place if—
	(a)	persons within the place could reasonably be expected to know, by custom or otherwise, that smoking is not permitted in the place; and
	(b)	persons do not usually smoke in the place.
5	Signs citing Act
An occupier of an enclosed public place shall not, without reasonable excuse, display within that place a sign—
	(a)	indicating that smoking is prohibited; and
	(b)	that includes a reference to the Act;
unless smoking is prohibited under the Act in that place.
Maximum penalty:
	(a)	if the offender is a natural person—$500; or
	(b)	if the offender is a body corporate—$2,500.
6 	Prescribed places where smoking allowed
	For paragraph 5 (4) (b) of the Act, a place mentioned in Schedule 1 is prescribed in the circumstances mentioned in the Schedule for the place.

	SCHEDULE 1	(See reg 6)
	Places exempted in certain circumstances
	place	circumstance	
1	an area in a building occupied by the University of Canberra that is designated in writing by the Vice-Chancellor of the university as a place where research may be carried out into the effects of smoking	if all the persons taking part in the research are at least 18 years old and the building has equipment that will prevent air moving from the designated area to another area occupied by the university where smoking is not allowed	

2	enclosed car parks 	if the car park is fitted with equipment that can maintain air quality in accordance with Australian Standard 1668.2.	

ENDNOTES
1	About this republication
This is a republication of the Smoke-free Areas (Enclosed Public Places) Regulations 1994 as in force under the Smoke-free Areas (Enclosed Public Places) Act 1994 on 30 November 2000.  It includes all amendments made to the regulations up to Subordinate Law 2000 No 30.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of a republication appears on its cover and from its republication number.
A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication.  A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished subordinate law
The Smoke-free Areas (Enclosed Public Places) Regulations 1994 were originally the Smoke-free Areas (Enclosed Public Places) Regulations.  They were renamed by the Smoke-free Areas (Enclosed Public Places) Regulations Amendment 2000 No 30 (see reg 3).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	

Smoke-free Areas (Enclosed Public Places) Regulations	1994 No 37	9 Nov 1994	9 Nov 1994		
	2000 No 30	20 July 2000	regs 1 and 2:  20 July 2000
remainder:  19 Oct 2000
	—	
5	Table of amendments

Provision	How affected*

reg 1	sub 2000 No 30 reg 3
reg 2	om 2000 No 30 reg 3
reg 6	ins 2000 No 30 reg 4
sch 1	ins 2000 No 30 reg 4

6	Table of earlier republications
Amendments to	Cut-off date	Republication number	
SL 2000 No 30	30 November 2000	1	

©  Australian Capital Territory 2000

The Copyright Act 1968 (Cwlth) permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.