Smoke-free Environment Act 2000 (NSW)

Smoke-free Environment Act 2000 No 69

An Act to regulate smoking in certain public places and to repeal the Smoking Regulation Act 1997.

Part 1 Preliminary

1 Name of Act This Act is the Smoke-free Environment Act 2000.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Object of Act The object of this Act is to promote public health by reducing exposure to tobacco and other smoke, as well as aerosol or vapour (whether or not containing nicotine) generated by vaping goods, in certain public places.

4 Definitions In this Act— certificate of authority means a certificate of authority referred to in section 14. commercial outdoor dining area has the meaning given in section 4A. Director-General means the Director-General of the Department of Health. enclosed public place means a public place that has a ceiling or roof and, except for doors and passageways, is completely or substantially enclosed, whether permanently or temporarily. exempt area has the meaning given by section 11. exercise a function includes perform a duty. function includes a power, authority or duty. inspector means an inspector appointed under section 14. non-tobacco smoking product has the same meaning as in the Public Health (Tobacco) Act 2008. occupier of premises or a part of premises means a person having the management or control, or otherwise being in charge, of those premises or part. outdoor public place means a public place that is not an enclosed public place. public place means a place or vehicle that the public, or a section of the public, is entitled to use or that is open to, or is being used by, the public or a section of the public (whether on payment of money, by virtue of membership of a club or other body, or otherwise). smoke means use, consume, hold or otherwise have control over a tobacco product, non-tobacco smoking product or vaping good that is generating, whether or not by burning— (a) smoke, or (b) an aerosol or vapour. smoke-free area means a smoke-free area under section 6 or 6A. tobacco product has the same meaning as in the Public Health (Tobacco) Act 2008. vaping goods has the same meaning as in the Therapeutic Goods Act 1989 of the Commonwealth. vehicle means a train, bus, tram, aeroplane, taxi or hire car, or ferry or other vessel.