PARLIAMENT OF VICTORIA. Tobacco Amendment (Smoking in Outdoor Areas) Bill 2012

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1 PARLIAMENT OF VICTORIA Tobacco Amendment (Smoking in Outdoor Areas) Bill 12 TABLE OF PROVISIONS Clause Page 1 Purpose 1 2 Commencement 1 3 Definitions 2 4 Enclosed workplaces: offence by smoker 2 Outdoor dining or drinking areas offence by smoker 2 6 New sections EA, EB and EC inserted 2 EA Designated outdoor smoking area 2 EB Obligations of occupier in relation to designated smoking outdoor area 4 EC Smoking management plan 6 7 Section RA amended 7 8 New sections RC, RD, RE, RF and RG inserted 8 RC No smoking on the sanded area of beaches in Port Phillip Bay or Western Port Bay 8 RD No smoking near children's playground equipment 8 RE No smoking at public transport locations to which this section applies 9 RF No smoking at sporting venues RG Powers of inspector 13 9 Repeal of amending Act 13 ENDNOTES 14 71PM7B.I-23/11/12 i BILL LC INTRODUCTION 23/11/12

2 PARLIAMENT OF VICTORIA Introduced in the Council by Ms Colleen Hartland Tobacco Amendment (Smoking in Outdoor Areas) Bill 12 A Bill for an Act to amend the Tobacco Act 1987 to prohibit smoking in certain outdoor areas and for other purposes. The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Tobacco Act 1987 to prohibit smoking in certain outdoor areas. 2 Commencement This Act comes into operation on 1 December PM7B.I-23/11/12 1 BILL LC INTRODUCTION 23/11/12

3 s. 3 1 See: Act No. 81/1987. Reprint No. 7 as at 27 May and amending Act Nos 49/09, 29/, 49/, 27/11 and 8/11. LawToday: www. legislation. vic.gov.au 3 Definitions In section 3 of the Tobacco Act 1987 insert "designated outdoor smoking area means an area designated under section EA;". 4 Enclosed workplaces: offence by smoker For section A(2)(c) of the Tobacco Act 1987 substitute "(c) a designated outdoor smoking area;". Outdoor dining or drinking areas offence by smoker (1) For section C(1) of the Tobacco Act 1987 substitute "(1) A person must not smoke in an outdoor dining or drinking area. Penalty: penalty units.". (2) Section C(4) of the Tobacco Act 1987 is repealed. 6 New sections EA, EB and EC inserted After section E of the Tobacco Act 1987 insert "EA Designated outdoor smoking area (1) A person may smoke in a designated outdoor smoking area. 71PM7B.I-23/11/12 2 BILL LC INTRODUCTION 23/11/12

4 s (2) The occupier of a licensed premises may designate part of an outdoor dining or drinking area of the licensed premises as a designated outdoor smoking area by displaying a notice in accordance with subsection (3). (3) The notice referred to in subsection (2) must (a) be displayed in such a prominent position at the entrance to the designated outdoor smoking area as would reasonably identify the area of the premises as an area in which smoking is permitted; and (b) state that the area is a designated outdoor smoking area; and (c) state that persons under 18 years of age are not permitted in the area; and (d) state that a smoking management plan is available for inspection at any time; and (e) include a diagram that sets out the limits of the area. (4) There may only be one designated outdoor smoking area at a licensed premises. () A designated outdoor smoking area must (a) not exceed 0% of the outdoor area in which it is situated; and (b) not be immediately adjacent to an entrance to an enclosed area of the premises; and 71PM7B.I-23/11/12 3 BILL LC INTRODUCTION 23/11/12

5 s (c) have a buffer on its perimeter wherever it is adjacent to other parts of the outdoor area of the licensed premises ordinarily accessed by patrons; and (d) have a single entrance that is no wider than 1 metre; and (e) have no roof or have a partial roof that does not exceed 0% of the designated outdoor smoking area. (6) For the purposes of subsection ()(c), a buffer is a wall that is (a) opaque and impervious to smoke; and (b) at least 2 1 metres high from the highest point of the floor surface. EB Obligations of occupier in relation to designated smoking outdoor area (1) The occupier of a licensed premises must not designate part of an outdoor dining or drinking area of the licensed premises to be a designated outdoor smoking area other than in accordance with section EA. Penalty: penalty units, in the case of a natural person; 0 penalty units, in the case of a body corporate. (2) The occupier of a licensed premises at which there is a designated outdoor smoking area must ensure that (a) no person under the age of 18 years enters the designated outdoor smoking area; and 71PM7B.I-23/11/12 4 BILL LC INTRODUCTION 23/11/12

6 s (b) no food or drink is served in the designated outdoor smoking area; and (c) no food is brought into the designated outdoor smoking area; and (d) no entertainment is provided in the designated outdoor smoking area. Penalty: penalty units, in the case of a natural person; 0 penalty units, in the case of a body corporate. (3) It is a defence to a prosecution under subsection (2) if the accused proves that the accused (a) was not aware, and could not reasonably be expected to have been aware, that (i) a person under the age of 18 years had entered the designated outdoor smoking area; or (ii) food was brought into the designated outdoor smoking area; or (b) requested a person under the age of 18 years to leave the designated smoking area; or (c) requested a person possessing food in the designated smoking area to leave the designated smoking area. (4) For the purposes of subsection (2)(d), entertainment includes (a) still or moving images; (b) gaming machines; 71PM7B.I-23/11/12 BILL LC INTRODUCTION 23/11/12

7 s (c) sexually explicit entertainment within the meaning of section 3(1) of the Liquor Control Reform Act 1998; (d) live or recorded music. EC Smoking management plan (1) The occupier of a licensed premises at which there is a designated outdoor smoking area must prepare a smoking management plan in accordance with subsection (2). Penalty: penalty units, in the case of a natural person; 0 penalty units, in the case of a body corporate. (2) A smoking management plan must (a) include a diagram of the licensed premises that identifies (i) the designated outdoor smoking area; and (ii) the outdoor dining or drinking area; and (iii) the notice referred to in section EA(2); and (iv) the entrance to the designated outdoor smoking area; and (v) any buffers referred to in section EA(); and (b) specify how exposure of persons in the licensed premises to smoke in areas other than the designated smoking area will be minimised; and 71PM7B.I-23/11/12 6 BILL LC INTRODUCTION 23/11/12

8 s (c) specify the training given to staff at the licensed premises about the requirements of the Act and the smoking management plan; and (d) specify any prescribed matters. (3) Upon request, the occupier of licensed premises at which there is a designated outdoor smoking area must make a smoking management plan available for inspection by (a) an inspector; (b) a member of staff at the licensed premises; (c) a patron of the licensed premises. Penalty: penalty units, in the case of a natural person; 0 penalty units, in the case of a body corporate.". 7 Section RA amended For section RA(2) of the Tobacco Act 1987 substitute "(2) Subsection (1) does not apply in an area (a) beyond the landward edge of a beach's sanded area if the beach is adjacent to the coast or a bay; or (b) beyond the water's edge or the landward edge of a beach's sanded area if the beach is adjacent to a river; or (c) to which section RC applies.". 71PM7B.I-23/11/12 7 BILL LC INTRODUCTION 23/11/12

9 s New sections RC, RD, RE, RF and RG inserted After section RB of the Tobacco Act 1987 insert "RC No smoking on the sanded area of beaches in Port Phillip Bay or Western Port Bay (1) A person must not smoke in the sanded area of any beach located within (a) Port Phillip Bay; or (b) Western Port Bay. Penalty: Penalty units. (2) Despite anything to the contrary in subsection (1) or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes that subsection. RD No smoking near children's playground equipment (1) A person must not smoke at or within metres of children's playground equipment that is in a public place. Penalty: penalty units. (2) Subsection (1) does not apply to a person (a) in a designated outdoor smoking area; (b) in a motor vehicle; (c) at residential premises or on land on which residential premises are built or may lawfully be built. 71PM7B.I-23/11/12 8 BILL LC INTRODUCTION 23/11/12

10 s RE No smoking at public transport locations to which this section applies (1) A person must not smoke at or within 4 metres of (a) a tram stop; (b) a bus stop; (c) a taxi-cab rank; (d) a railway station; (e) a landing for ferry, punt or water taxi services. Penalty: penalty units. (2) It is a defence to a prosecution under subsection (1) if the accused proves that he or she was smoking only while passing and did not remain within 4 metres of the relevant location referred to in subsection (1). (3) For the purposes of this section bus stop means a location designated for a bus (providing regular passenger services within the meaning of section 3(1) of the Bus Services Act 199) to stop for the purposes of passengers boarding and disembarking the bus; railway station means (a) a platform at a railway station; and (b) a waiting room or area adjoining a platform from which the platform can be accessed without the need to pass a ticket validating machine or ticket barrier; and 71PM7B.I-23/11/12 9 BILL LC INTRODUCTION 23/11/12

11 s (c) an area between a platform and any ticket validating machine or ticket barrier that it is necessary to pass to gain access to the platform; taxi-cab rank means a location appointed for the hailing of taxi-cabs within the meaning of section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983; tram stop means a location designated for a tram to stop for the purposes of passengers boarding and disembarking the tram. RF No smoking at sporting venues (1) A person must not smoke at a sporting venue during the prohibited smoking period in relation to an organised sporting event. Penalty: penalty units. (2) A person must not smoke at a sporting venue during the prohibited smoking period in relation to a training or practice session associated with preparing to participate in an organised sporting event. Penalty: penalty units. (3) A person must not smoke at a sporting venue during the prohibited smoking period in relation to a series of organised sporting events or training or practice sessions associated with preparing to participate in an organised sporting event held at the sporting venue on the same day. Penalty: penalty units. 71PM7B.I-23/11/12 BILL LC INTRODUCTION 23/11/12

12 s (4) Subsections (1), (2) and (3) do not apply to a person who is at a designated outdoor smoking area at a sporting venue. () For the purposes of this section organised sporting event means a match, game, tournament or other sporting event that (a) involves the playing of sport; and (b) is planned in advance; and (c) is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and (d) may be a one-off event or part of a series of events; prohibited smoking period means (a) in the case of an organised sporting event at an event venue within the meaning of section 3(1) of the Major Sporting Events Act 09, the day on which the event occurs; (b) in relation to a training or practice session associated with preparing to participate in an organised sporting event, the period commencing one hour before the official start of the training or practice session and finishing one hour after the official end of the training or practice session; 71PM7B.I-23/11/12 11 BILL LC INTRODUCTION 23/11/12

13 s (c) in relation to a series of organised sporting events or training or practice sessions associated with preparing to participate in an organised sporting event held at the sporting venue on the same day, the period commencing one hour before the first organised sporting event or training or practice session and finishing one hour after the end of the last organised sporting event or training or practice session; (d) in any other case, the period commencing one hour before the official start of the organised sporting event and finishing one hour after the official end of the organised sporting event; sporting venue includes, but is not limited to (a) a playing field; (b) a track; (c) an arena; (d) a swimming pool or diving pool; (e) a court or rink; (f) an event venue within the meaning of section 3(1) of the Major Sporting Events Act 09; (g) any area or facility used by competitors, officials or spectators during an organised sporting event. 71PM7B.I-23/11/12 12 BILL LC INTRODUCTION 23/11/12

14 s. 9 1 RG Powers of inspector (1) If an inspector believes on reasonable grounds that a person is contravening section RC, RD, RE or RF, the inspector, on producing his or her identity card, may direct the person to cease the contravention. (2) A person who is contravening section RC, RD, RE or RF must comply with a direction by an inspector to cease the contravention. Penalty: penalty units.". 9 Repeal of amending Act This Act is repealed on 1 December 14. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 1(1) of the Interpretation of Legislation Act 1984). 71PM7B.I-23/11/12 13 BILL LC INTRODUCTION 23/11/12

15 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 71PM7B.I-23/11/12 14 BILL LC INTRODUCTION 23/11/12

Smoke-free Environment Act 2000 No 69

New South Wales Smoke-free Environment Act 2000 No 69 Status information Currency of version Current version for 7 January 2013 to date (generated 9 January 2013 at 14:03). Legislation on the NSW legislation