Health (Smoking in Enclosed Public Places) Regulations 2003



    3. Interpretation

    In these regulations, unless the contrary intention appears

    }adequate ventilation~ means natural or mechanical ventilation, or both, that meets the ventilation performance requirements described in FP4.3, FP4.4 and FP4.5 of the Building Code of Australia 1996 issued by the Australian Building Codes Board as amended from time to time;

    }adjoining~ means contiguous to and forming part of the same physical space;

    }bar or lounge area~ means an area of licensed premises that is primarily or predominantly used for the consumption of liquor;

    }Burswood Casino~ means the premises at Burswood Island that are the subject of a casino gaming licence granted under the Casino Control Act 1984;

    }cabaret or nightclub~ means the public area of premises that are the subject of

    (a) a cabaret licence granted under the Liquor Licensing Act 1988; or

    (b) a condition of any other kind of licence, order or permit under the Liquor Licensing Act 1988

    (i) to the effect that a provision of that Act relating to cabaret licences applies to that area; or

    (ii) that otherwise has an effect in relation to that area that is similar to a provision of that Act relating to cabaret licences;

    }covered area~ means an area of premises that

    (a) is predominantly outside the permanent external walls of the premises;

    (b) has a ceiling or roof; and

    (c) has at least 2 sides that

    (i) border an outdoor area of the premises or an area outside the premises; and

    (ii) are primarily or predominantly comprised of openable windows, doors or retractable coverings;

    }dining area~ means an area of licensed premises that is primarily or predominantly used for the consumption of meals rather than liquor;

    }licensed premises~ has the same meaning as in the Liquor Licensing Act 1988;

    }liquor~ has the same meaning as in the Liquor Licensing Act 1988;

    }meal~ means a genuine meal, not supplied in sandwich form, eaten or to be eaten by a person while seated at a dining table or counter;

    }non-smoking area~ means a non-smoking area referred to in Schedule 1 item 4;

    }occupier~, in relation to an enclosed public place, means a person having the management or control, or otherwise being in charge, of that place;

    }premises~, without limiting its definition in section 3(1) of the Act, includes a building or part of a building that comprises one or more areas that are a subject of one or more licences, orders, permits or approvals granted or issued under the Casino Control Act 1984, the Gaming Commission Act 1987 or the Liquor Licensing Act 1988 where the grant or issue of such a licence, order, permit or approval is to the same person as the grant or issue of the other licences, orders, permits or approvals;

    }prohibited~, in regulations 13(1), 13(2) and 14(1), means prohibited by regulation 4(1);

    }public area~ means an area of premises normally frequented by the public, other than a corridor, stairway, lift, toilet, lobby or waiting area;

    }restaurant licence~, in relation to an area, means

    (a) a restaurant licence granted under the Liquor Licensing Act 1988 that applies to that area; or

    (b) a condition of any other kind of licence, order or permit under the Liquor Licensing Act 1988

    (i) to the effect that a provision of that Act relating to restaurant licences applies to that area; or

    (ii) that otherwise has an effect in relation to that area that is similar to a provision of that Act relating to restaurant licences;

    }smoking prohibited symbol~ means the symbol designated in Australian Standard 2899.1 1986, published by Standards Australia, to indicate that smoking is prohibited.

    [Regulation 3 amended in Gazette 30 Nov 2004 p. 5489; 18 Oct 2005 p. 4619.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.