New nsw legislation providing for smoke-free areas

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New nsw legislation providing for smoke-free areas

Having passed through Parliament on August 29, 2000, the Smoke-free Environment Act 2000 No. 69 was assented to on August 31, 2000.

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Having passed through Parliament on  August 29, 2000, the Smoke-free Environment Act 2000 No. 69 was assented to on August 31, 2000. The Act provides it to be an offence to smoke in what are referred to as smoke-free areas. The following enclosed public places are identified by the Act to be smoke-free areas.

  • Shopping centres, malls and plazas;
  • Restaurants, cafes, cafeterias, dining areas and other eating places;

  • Schools, colleges and universities;

  • Professional, trade, commercial and other business premises;

  • Community centres or halls and places of public worship;

  • Theatres, cinemas, libraries and galleries;

  • Trains, buses, trams, aeroplanes, taxis and hire cars, ferries and other vessels;

  • Common areas in hostels;

  • Common areas in motels;

  • Fitness centres, bowling alleys and other sporting and recreational facilities;

  • Childcare facilities;

  • Hospitals.

The implication of this Act on employers is twofold. Employers who are occupiers of smoke-free areas are guilty of an offence under the Act if a person smokes in a smoke-free area that is occupied by the employer. The Act defines an occupier as the person who has the management or control of the premises and is not necessarily the owner of the premises.

The second implication for employers of this new Act is that there is a duty placed upon occupiers to take reasonable steps to prevent smoke caused by smoking in other parts of the occupier's premises from penetrating enclosed smoke-free areas.

The Act will commence upon proclamation.

 
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