Smoke-Free Public Places Act 2003

The Chief Minister and Minister may jointly declare that a public place or event is a smoke-free public place or event (a declared smoke‑free public place or event).

Power to make a statutory instrument (including a declaration) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Before making a declaration, the Minister must consult with the community, including people or organisations that would be directly affected if the declaration is made.

In deciding whether to make a declaration, the Chief Minister and Minister must consider the following matters:

the frequency with which the public place or event is visited by children or families;

the number of people likely to be present at the public place or event;

whether the declaration will promote a more supportive environment for people who have, or are trying to, quit smoking;

whether the declaration will help reduce people’s exposure to smoking-related harms, including environmental tobacco smoke;

the outcome of community consultation;

any identified costs and benefits of establishing the area as smoke-free, including economic and business impacts;

measures to promote compliance.

A declaration may—

state that ‘no smoking’ signs must be displayed at the public place or event; and

set out requirements for the signs.

Requirements for ‘no smoking’ signs may also be determined under s 9P.

A declaration may also—

provide that an area may be designated in which smoking is allowed at the public place or event; and

set out requirements for the area.

Requirements for designated smoking areas are also set out under s 9Q.

A declaration is a disallowable instrument.

If the Chief Minister is also the Minister, another Minister must make the joint declaration under subsection (1) with the Chief Minister.