Public Health Act 1997

A person who intends to conduct a public event may apply to the Director to have the Director approve as a designated smoking area a part of an area that has been declared to be a smoke-free area in connection with – the public event; or a class of public events of which the public event is a member.

The Director may, after receiving an application under subsection (1) from a person, issue an approval to the person in respect of a public event.

The Director may only issue an approval under subsection (2) in respect of a public event if the area specified in the approval to be a designated smoking area – is within an area that has been declared to be a smoke-free area in connection with – the public event; or a class of public events of which the public event is a member; and is not an enclosed area.

An approval in respect of a public event is to – specify the person to whom the approval has been issued; and specify the public event or events to which the approval relates; and specify the area, within a smoke-free area, that is the designated smoking area to which the approval relates; and specify the conditions in relation to the approval that the Director thinks fit.

A person to whom an approval is issued under subsection (2) must take all reasonable steps to ensure that the conditions imposed on the approval are complied with. In relation to – a body corporate, a fine not exceeding 250 penalty units; or an individual, a fine not exceeding 50 penalty units.

The Director may, by notice to the person to whom an approval has been issued – revoke the approval; or vary, revoke or add to any condition of the approval.