Tobacco Control Regulations 2002

(1) Part 1, Part 2 (other than regulation 9) and Part 3, Division 1 come into operation on the commencement of Part 1, Part 2 and Part 3, Division 1 respectively of the Act.

(2) Part 3, Division 2 comes into operation on the commencement of sections 23 and 27 of the Act to the extent that those sections relate to a health warning referred to in section 23(1)(a) and 27(a) of the Act.

(4) Part 5 comes into operation on the commencement of sections 23 and 27 of the Act to the extent that those sections relate to a notice referred to in section 23(1)(b) and 27(b) of the Act.

(5) Part 6 comes into operation on the commencement of Part 4 (other than section 28) of the Act.

(6) Part 7 comes into operation on the commencement of Part 7 of the Act.

(1) For section 8(1) of the Act, in relation to the smoke-free areas mentioned in section 7(1)(a) to (l) of the Act, a sign indicating that an area is a smoke-free area is to comply with the following requirements:

(a) the size of the sign is to be at least A5 (148 millimetres x 120 millimetres);

(c) the sign is to contain the phrase "NO SMOKING" marked in a bold, sans serif font in black capital letters at least 13 millimetres high so that the whole phrase is at least 13 centimetres wide;

(d) the sign is to contain the international no smoking symbol of a circle (at least 98 millimetres in diameter) with a diagonal line across it, both printed in red, over a depiction of a cigarette and smoke printed in black;

(e) the sign is to contain the phrase "Tobacco Control Act 2002" marked in an italicised, sans serif font in black capital and lower case letters at least 10 millimetres and 7 millimetres high respectively so that the whole phrase is at least 13 centimetres wide;

(f) the sign is to contain the phrase "Penalties Apply" marked in a sans serif font in black capital and lower case letters at least 7.5 millimetres and 6 millimetres high respectively.

(2) For section 8(1) of the Act, in relation to the smoke-free areas mentioned in section 7(1)(m) of the Act, the sign indicating that the area is a smoke-free area is to comply with the following requirements:

(b) the sign is to contain the phrase "within 10 metres of the entry and boundary" written immediately under the phrase "NO SMOKING" marked in a sans serif font in black capital and lower case letters at least 7.5 millimetres and 6 millimetres high respectively.

For the purposes of section 8(4) of the Act, signs are not required to be displayed in any of the following classes of smoke-free areas:

(i) entrance areas into or onto any of the classes of smoke-free areas specified in paragraphs (a) to (h) (inclusive).

(1) The Minister responsible for administering the Gaming Control Act 1993 may, by Gazette notice, declare an area in a casino to be a high roller room if the casino licensee applies for the declaration and the Minister is satisfied about the following:

(a) the area described in the application is a separate room in the casino for conducting gaming that involves minimum and maximum bets that are generally substantially higher than elsewhere in the casino;

(b) the room is used substantially for gaming by local, interstate or international visitors to the casino who are individual casino patrons specifically invited to the room (rather than because of a club membership or reward scheme) and a register of patron numbers and place of residence is kept and reported to the Director;

(c) the room is adequately ventilated using an air-conditioning system that is separate from the air-conditioning system or systems used for the remainder of the casino.

(2) The declaration is subject to the conditions specified in the Gazette notice.

(3) Without limiting the conditions that may be specified under subregulation (2), the Gazette notice must specify that:

(a) the ratio of operating gaming tables located in the room to operating gaming machines located in the room must be as specified in the notice; and

(b) the total number of gaming machines located in the room must not exceed the number specified in the notice.

(4) The casino licensee must comply with the conditions of the declaration.

Maximum penalty: 100 penalty units.

Note for subregulation (4)

The transitional provision in section 61 of the Act applies in relation to this offence.

(a) a gaming table is operating only if there is a croupier attending the table; and

(i) there is a sign on the machine indicating that it is not operational; or

(ii) the machine is not able to be used (for example, because it is out of order or is not switched on).

(1) For the purposes of section 11(1) of the Act, the occupier of an outdoor public venue (other than a venue where there is an on-site food service) is permitted to designate an area within the venue to be an exempt area, subject to the following conditions:

(a) that the area so designated does not contain more than 50% of the venue's fixed seating;

(b) that the occupier establishes and maintains a smoke-free area of equal amenity to the exempt area that contains at least 50% of the venue's fixed seating.

on-site food service, in relation to an outdoor public venue, means a business, or an enterprise of a commercial, charitable or community nature, that provides food or drink at the venue.