South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"act" includes an omission; and "to act" has a corresponding meaning;
"advertise" tobacco products means take any action that is designed to
publicise or promote tobacco products, smoking, or the sale of
tobacco products, whether visual or auditory means are employed and whether
tobacco products are directly depicted or referred to or symbolism of some
kind is employed, and includes take any action of a kind prescribed by
regulation,
and "tobacco advertisement" and "advertisement" have corresponding meanings;
"authorised officer" means an authorised officer under Part 5;
"child" means a person under the age of 18 years;
"consume", in relation to a tobacco product, means—
(a)
smoke; or
(b)
inhale (in the form of a powder); or
(c) chew
or suck; or
(d) give
away,
and "consumer" has a corresponding meaning;
"employee" has the same meaning as in the Occupational Health, Safety and
Welfare Act 1986 ;
"enclosed public place, workplace or shared area" means—
(a) an
enclosed public place; or
(c) an
enclosed shared area;
"grant" includes renewal; and "to grant" includes to renew;
"health warning", in relation to a tobacco product, means a warning prescribed
by regulation (or by direction of the Minister under the regulations) for the
purposes of this Act in relation to tobacco products of that class;
"label" includes information that is enclosed in or attached to or is provided
with a package containing tobacco products but that does not
comprise part of the package; and "labelling" and
"labelled" have a corresponding meaning;
"multi-unit premises" means premises divided into parts that are in separate
ownership or let or provided for separate occupation;
"place" includes a vehicle;
"premises" means—
(a) any
land, building or structure; or
(b) any
vehicle;
"public area" or "public place" means an area or place that the public, or a
section of the public, is entitled to use or that is open to, or used by, the
public or a section of the public (whether access is unrestricted or subject
to payment of money, membership of a body or otherwise);
"purchase" of tobacco products includes receipt of tobacco products in the
course of a business (whether or not for valuable consideration);
"record" includes any book, document or writing and any other source of
information compiled, recorded or stored by computer, microfilm or other
process, or in any other manner or by any other means;
"residential premises" means—
(a) a
house, home or residential unit, apartment or flat; or
(b) a
bedroom or living area let or provided for separate occupation (for example,
accommodation in a motel, hotel, boarding house, hostel, nursing home or
college or accommodation for employees); or
(c) a
sleeping or living area in a prison or other place of detention; or
(d) any
other place of a kind prescribed by regulation;
"retail" connotes a sale to a consumer or an agent for a consumer;
"sell" includes supply in the course of a business (whether or not for
valuable consideration) and offer or expose for sale or such supply, and
"sale" has a corresponding meaning;
"shared area" means an area in multi-unit premises the use of which is shared
by persons from various parts of the premises that are in separate ownership
or occupation;
"smoke" means smoke, hold, or otherwise have control over, an ignited
tobacco product;
"sponsorship" includes a scholarship, prize, gift or other benefit;
"sucking tobacco" means tobacco that has been prepared for sucking but not
chewing;
"tobacco advertisement" means any writing, still or moving picture, sign,
symbol or other visual image or message designed to promote or
publicise—
(a) the
purchase or use of a tobacco product; or
(b) a
trademark or brand name, or part of a trademark or brand name, of a
tobacco product;
"tobacco product" means—
(a) a
cigarette; or
(b) a
cigar; or
(c)
cigarette or pipe tobacco; or
(d)
tobacco prepared for chewing or sucking; or
(e)
snuff; or
(f) any
other product containing tobacco of a kind prescribed by regulation; or
(g) any
product that does not contain tobacco but is designed for smoking,
and includes any packet, carton, shipper or other device in which any of the
above is contained;
"vehicle" includes any kind of aircraft or vessel;
"vending machine" means a device from which a tobacco product can be obtained
by the insertion of a coin, banknote or token;
"workplace" has the same meaning as in the Occupational Health, Safety and
Welfare Act 1986 , but does not include—
(a) a
place occupied as residential premises; or
(b) a
place (other than a vehicle) where only a single self-employed person is
working; or
(c) a
vehicle that is used for work purposes by only one person; or
(d) any
other place of a kind prescribed by regulation.
(2) A health warning
may comprise two or more parts and the term
"health warning" includes all the parts of such a warning unless the contrary
intention appears.
(3) A place or area
is "enclosed" if it is fully enclosed or is at least partially covered by a
ceiling and has walls such that the total area of the ceiling and wall
surfaces exceeds 70 per cent of the total notional ceiling and wall area.
(4) For the purposes
of subsection (3)—
(a)
"ceiling" includes any structure or device (whether fixed or movable) that
prevents or impedes upward airflow, but does not include anything prescribed
by regulation;
(b)
"wall" includes any structure or device (whether fixed or movable) that
prevents or impedes lateral airflow, but does not include anything prescribed
by regulation;
(c) the
"total notional ceiling and wall area" is the sum of—
(i)
what would be the total area of the wall surfaces
if—
(A) the walls were continuous, any gap in
the walls being filled by a surface of the minimum area required for the
purpose; and
(B) the walls were of a uniform height
equal to the lowest height of the ceiling; and
(ii)
what would be the floor area of the space within the
walls if the walls were continuous as referred to in subparagraph (i).