Regulation-making power
22 Regulation-making power
The Executive may make regulations for this Act.
The regulations may exempt an area of premises from the operation of part 2 (Smoking prohibited in enclosed public places) if—
the premises are occupied by a university or another entity prescribed by the regulations; and
the area is for scientific research into the effects of smoking.
Dictionary (see s 3)
The Legislation Act contains definitions and other provisions relevant to this Act.
For example, the Legislation Act, dict, pt 1, defines the following terms:
commissioner for fair trading
contravene
director‑general (see s 163)
Minister (see s 162)
must
police officer.
commissioner means the commissioner for fair trading.
declared smoke‑free public place or event—see section 9O (1).
designated outdoor smoking area—see section 9F (2).
designated smoking area—see section 9Q (2).
enclosed public place means a public place, or part of a public place, that is enclosed as prescribed by regulation.
Examples—public places
The following may be public places (see definition of public place):
1 business premises, including professional, trade and commercial premises
2 a cinema or theatre
3 a club, hotel or motel
4 a community centre, hall or public library
5 government premises
6 a hostel or nursing home
7 a place of worship
8 a public transportation vehicle (including, a bus, taxi or boat)
9 a restaurant or cafeteria
10 a school, college or university
11 a shopping centre, mall or plaza
12 sporting or recreational premises gaming area—see the Gaming Machine Act 2004, dictionary.
manager, in relation to a declared smoke-free public place or event, means the person responsible (whether wholly or in part) for the management of the public place or event.
occupier, of premises or a part of premises (including an enclosed public place), means a person having the management or control, or otherwise being in charge, of the premises or part of the premises.
outdoor area, of premises, means any part of the premises that is not an enclosed public place.
outdoor eating or drinking place—see section 9A.
public place means a place to which the public or a section of the public has access, whether—
by payment, membership of a body or otherwise; or
by entitlement or permission.
Examples
The places, or parts of the places, mentioned in the examples for the definition of enclosed public place may be public places.
smoke—see section 5B.
smoking management plan—see section 9J.
underage function—see section 9K.
This provision refers to the regulations (may make regulations
, The regulations may exempt
, prescribed by the regulations
). Made under this Act:
- Smoke-Free Public Places Regulation 2005 · under s 22
This Act’s bill:Second reading speech
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