Health (Smoking in Enclosed Public Places) Regulations 2003



    11. Directions by environmental health officers

    (1) If an environmental health officer has reason to believe that a person has committed or is committing an offence under regulation 4(2) or 6, the environmental health officer may direct the person to state his or her name and residential address.

    (2) If an environmental health officer has reason to believe that a person is committing an offence under regulation 4(2) or 6 the environmental health officer may direct the person to stop smoking in the enclosed public place or non-smoking area of the place.

    (3) A direction under subregulation (1) or (2) may be given orally or in writing and if given orally must be reduced to writing as soon as is practicable.

    (4) A person who

    (a) does not comply with a direction under subregulation (1) or (2); or

    (b) gives information that is false or misleading in a material particular in response to a direction under subregulation (1),

    commits an offence.

    (5) In proceedings for an offence under subregulation (4) a statement

    (a) signed or purporting to be signed by the Executive Director, Public Health;

    (b) to which is attached a copy of a direction given under subregulation (1) or (2); and

    (c) stating that the direction

    (i) was given by the environmental health officer referred to in the statement; and

    (ii) was in force at the time specified in the statement,

    is, in the absence of evidence to the contrary, sufficient evidence of the direction and of the facts set out in the statement.



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.