Tobacco (Amendment) Regulations 2002

i Tobacco (Amendment) Regulations 2002 S.R. No. 66/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 2 5. New regulations 4AA and 4AB inserted 2 4AA. Enclosed restaurants and cafes and dining areas: no smoking signs 2 4AB. Retail shopping centres: no smoking signs 3 6. Regulations 5AA and 5A revoked 3 7. Schedule 2 substituted 4 SCHEDULE 2—Form of notice to be displayed on vending machines 4 8. Amendments to Schedule 3 4 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2002 S.R. No. 66/2002 Tobacco Act 1987 Tobacco (Amendment) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 13 August 2002 Responsible Minister: JOHN THWAITES Minister for Health HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Tobacco Regulations 1997 to make— (a) consequential amendments resulting from the Tobacco (Miscellaneous Amendments) Act 2002; and (b) a minor amendment to Schedule 2 to those Regulations. 2. Authorising provision These Regulations are made under section 43 of the Tobacco Act 1987. 3. Commencement These Regulations come into operation on 1 September 2002. -- 2 of 9 -- S.R. No. 66/2002 Tobacco (Amendment) Regulations 2002 2 4. Principal Regulations In these Regulations, the Tobacco Regulations 19971 are called the Principal Regulations. 5. New regulations 4AA and 4AB inserted After regulation 4 of the Principal Regulations insert— '4AA. Enclosed restaurants and cafes and dining areas: no smoking signs (1) For the purposes of section 5BA(2) of the Act, the prescribed requirements for the no smoking signs to be displayed within an enclosed restaurant or cafe or within a dining area are— (a) that the signs contain— (i) a no smoking symbol in the form of a circle and diagonal line printed over a depiction of a cigarette and smoke and the outer diameter of that symbol is at least 70 millimetres; and (ii) the phrase "No Smoking" or "Smoking Prohibited" in letters of at least 20 millimetres in height; and (iii) the statement "It is an offence to smoke in an enclosed restaurant or cafe or in a dining area"; and (b) that the signs are displayed in such manner as to ensure that a person is reasonably likely to see one or more of them either on entering the enclosed restaurant or cafe or the dining area or from within the enclosed restaurant or cafe or within the dining area. r. 4 -- 3 of 9 -- S.R. No. 66/2002 Tobacco (Amendment) Regulations 2002 3 (2) Nothing in sub-regulation (1) prohibits the use of signs, in addition to those referred to in sub-regulation (1), that convey by way of graphics, pictures, symbols or text a no smoking message. 4AB. Retail shopping centres: no smoking signs For the purposes of section 5E(2) of the Act, the prescribed requirements for the no smoking signs to be displayed in prominent positions at entrances to enclosed areas of a retail shopping centre are— (a) that the signs contain— (i) a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black; and (ii) the phrase "No Smoking" or "Smoking Prohibited"; and (iii) the phrases "Penalties Apply" and "Tobacco Act 1987"; and (b) that the signs must be a minimum A4 in size (210 millimetres in width and 297 millimetres in height); and (c) that all lettering on the sign is printed in black.'. 6. Regulations 5AA and 5A revoked Regulations 5AA and 5A of the Principal Regulations are revoked. r. 6 -- 4 of 9 -- S.R. No. 66/2002 Tobacco (Amendment) Regulations 2002 4 7. Schedule 2 substituted For Schedule 2 to the Principal Regulations substitute— "SCHEDULE 2 Regulation 5 FORM OF NOTICE TO BE DISPLAYED ON VENDING MACHINES ". 8. Amendments to Schedule 3 In Schedule 3 to the Principal Regulations— (a) after item 2 insert— "2A. ! Occupier of an enclosed restaurant or cafe or dining area who fails, without reasonable excuse, to display no smoking signs in accordance with the regulations 5BA(1) $100"; r. 7 -- 5 of 9 -- S.R. No. 66/2002 Tobacco (Amendment) Regulations 2002 5 (b) for item 4 substitute— "3A. ! Occupier of an enclosed area of a retail shopping centre is guilty of an offence if a person smokes in that area in contravention of section 5C 5D(1) $100 3B. ! Owner of a retail shopping centre who fails to display no smoking signs in prominent positions at entrances to any enclosed area of the centre to reasonably identify that area as a no smoking area 5E(1) $100 3C. ! Smoking by a person in a bingo area or bingo centre 5F(1) $100 3D. ! Occupier of a bingo area or bingo centre is guilty of an offence if a person smokes in that area or centre in contravention of section 5F(1) 5G(1) $100 3E. ! Occupier of a bingo area or bingo centre who fails, without reasonable excuse, to display no smoking signs that comply with section 5H(2) in that area or centre 5H(1) $100 3F. ! Smoking by a person in an area of a casino, other than a declared smoking area 5I(1) $100 r. 8 -- 6 of 9 -- S.R. No. 66/2002 Tobacco (Amendment) Regulations 2002 6 3G. ! Occupier of a casino is guilty of an offence if a person smokes in that casino in contravention of section 5I(1) 5J(1) $100 3H. ! Occupier of an area of a casino, other than a declared smoking area, who fails, without reasonable excuse, to display no smoking signs that comply with section 5K(2) in that area 5K(1) $100 3I. ! Smoking by a person— ! in a gaming machine area in an approved venue ! in a gaming room in an approved venue 5L(1) 5L(2) $100 $100 3J. ! Occupier of a gaming machine area or gaming room is guilty of an offence if a person smokes in that area or room in contravention of section 5L 5M(1) $100 3K. ! Occupier of a gaming machine area or gaming room who fails, without reasonable excuse, to display no smoking signs that comply with section 5N(2) in that area or room 5N(1) $100 r. 8 -- 7 of 9 -- S.R. No. 66/2002 Tobacco (Amendment) Regulations 2002 7 3L. ! Occupier of a licensed premises, where at any time there are two or more rooms in operation, who fails to designate one of those rooms as a non-smoking room 5O(1) $100 3M. ! Smoking by a person in a designated non- smoking room of licensed premises 5P(1) $100 3N. ! Occupier of a designated non- smoking room of licensed premises is guilty of an offence if a person smokes in that room in contravention of section 5P(1) 5Q(1) $100 3O. ! Occupier of a designated non- smoking room of licensed premises who fails, without reasonable excuse, to display no smoking signs that comply with section 5R(2) in that room 5R(1) $100"; (c) items 10 and 11 are repealed. ═══════════════ r. 8 -- 8 of 9 -- S.R. No. 66/2002 Tobacco (Amendment) Regulations 2002 8 ENDNOTES 1 Reg. 4: S.R. No. 105/1997. Reprint No. 1 as at 1 January 2002. Reprinted to S.R. No. 55/2001. Endnotes -- 9 of 9 --