South Australia Tobacco Products Regulations 1997 under the Tobacco Products Regulation Act 1997 Contents [1]1Short title [2]2Interpretation [3]3Licence fee [4]4Sale of tobacco products and prescribed products to children (section 38(4)) [5]5Smoking in lifts (section 45(2)) [6]6Smoking in enclosed public dining or café areas (section 47) [7]Schedule 1--Notices under section 38(4) of the Act [8]Schedule 2--Notice under section 45(2) of the Act [9]Legislative history 1--Short title These regulations may be cited as the Tobacco Products Regulations 1997. 2--Interpretation In these regulations-- the Act means the [10]Tobacco Products Regulation Act 1997. 3--Licence fee For the purposes of section 10(3) of the Act, the fee for a licence is $2.55 multiplied by the number of months in the period for which the licence is to be in force or $12.90 whichever is the lesser. 4--Sale of tobacco products and prescribed products to children (section 38(4)) For the purposes of section 38(4) of the Act-- (a) the form of notice set out in [11]form 1 of [12]Schedule 1 is prescribed in relation to tobacco products; and (b) the form of notice set out in [13]form 2 of [14]Schedule 1 is prescribed in relation to prescribed products; and (c) the dimensions of the notices and of the letters, figures and symbols comprised in the notices must be the same as those set out in the relevant form; and (d) the following parts of the notices must be printed in red: (i) the passages "18 years" and "proof of age"; and (ii) the circle and diagonal of the no smoking symbol; and (iii) in the case only of a notice relating to tobacco products--the lines under the headings "SALE OF TOBACCO PRODUCTS" and "PENALTIES"; and (e) the lines under the headings "SALE OF PRESCRIBED PRODUCTS DESIGNED FOR SMOKING" and "PENALTIES" in the notice relating to prescribed products must be printed in green. 5--Smoking in lifts (section 45(2)) For the purposes of section 45(2) of the Act-- (a) the form of notice set out in [15]Schedule 2 is prescribed; and (b) the dimensions of the notice and of the letters, figures and symbols comprised in the notice must be the same as those of the notice set out in [16]Schedule 2; and (c) the notice must be made of metal or plastic. 6--Smoking in enclosed public dining or café areas (section 47) (1) For the purposes of section 47(3)(a)(ii) of the Act, a bar or lounge area is designated by the licensee as a smoking area if the licensee displays signs that-- (a) contain the phrase "smoking permitted", "smoking area" or other words that indicate clearly that smoking is permitted in the area; and (b) indicate clearly where smoking is permitted, in such numbers and in positions of such prominence that the signs are likely to be seen by persons at any public entrance to the area and within the area. (2) For the purposes of section 47(4)(a) of the Act, an application for an exemption must be accompanied by a fee of $200. (3) For the purposes of section 47(6)(a) of the Act, the occupier of an enclosed public dining or café area must display signs that-- (a) contain-- (i) the phrase "no smoking", "smoking prohibited" or "smoke-free zone" in letters that are at least 20 mm in height and the smoking prohibited symbol with a diameter of at least 70 millimetres; or (ii) other words or symbols that indicate clearly that smoking is prohibited; and (b) indicate clearly where smoking is prohibited, in such numbers and in positions of such prominence that the signs are likely to be seen by persons at any public entrance to the area and within the area. (4) In this regulation-- smoking prohibited symbol means the symbol designated in Australian Standard 2899.1--1986 to indicate where smoking is prohibited. Schedule 1--Notices under section 38(4) of the Act ([17]Regulation 4) Form 1--Notice in relation to tobacco products 1997.145.UN00.jpg Form 2--Notice in relation to prescribed products 1997.145.UN01.jpg Schedule 2--Notice under section 45(2) of the Act 1997.145.UN02.jpg Legislative history Notes o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Revocation of regulations The Tobacco Products Regulations 1997 were revoked by Sch 3 of the Tobacco Products Regulations 2004 on 6.12.2004. Principal regulations and variations Year No Reference Commencement 1997 145 Gazette 5.6.1997 p2925 5.6.1997: r 2 1998 33 Gazette 23.4.1998 p1969 1.5.1998: r 2 1998 52 Gazette 28.5.1998 p2295 1.7.1998: r 2 1998 178 Gazette 27.8.1998 p694 4.1.1999: r 4 1999 48 Gazette 27.5.1999 p2789 1.7.1999: r 2 1999 153 Gazette 22.7.1999 p483 22.7.1999: r 2 2000 18 Gazette 9.3.2000 p1399 9.3.2000: r 2 2000 52 Gazette 25.5.2000 p2695 1.7.2000: r 2 2001 104 Gazette 31.5.2001 p2066 1.7.2001: r 2 2002 119 Gazette 20.6.2002 p2663 1.7.2002: r 2 2003 56 Gazette 29.5.2003 p2146 1.7.2003: r 2 2004 34 Gazette 27.5.2004 p1404 1.7.2004: r 2 Provisions varied Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement rr 2, 3,5--10, 13, 14, Sch 1 deleted by 33/1998 r 3 1.5.1998 r 2 r 4 substituted by 18/2000 r 3 9.3.2000 r 4 redesignated as r 2 by 33/1998 r 7 1.5.1998 r 3 inserted by 33/1998 r 4 1.5.1998 varied by 52/1998 r 3 1.7.1998 varied by 48/1999 r 3 1.7.1999 varied by 52/2000 r 3 1.7.2000 varied by 104/2001 r 3 1.7.2001 varied by 119/2002 r 3 1.7.2002 varied by 56/2003 r 4 1.7.2003 varied by 34/2004 r 4 1.7.2004 r 4 r 11 redesignated as r 4 by 33/1998 r 7 1.5.1998 substituted by 18/2000 r 3 9.3.2000 r 5 r 12 redesignated as r 5 by 33/1998 r 7 1.5.1998 r 6 inserted by 178/1998 r 3 4.1.1999 Sch 1 Sch 2 redesignated as Sch 1 by 33/1998 r 7 1.5.1998 substituted by 153/1999 r 3 22.7.1999 varied by 18/2000 r 4 9.3.2000 Sch 2 Sch 3 redesignated as Sch 2 by 33/1998 r 7 1.5.1998 Transitional etc provisions associated with regulations or variations No 33 of 1998 7--Renumbering When these regulations come into operation the principal regulations are to be renumbered in consecutive order (and any cross-reference in a provision of the principal regulations to a regulation that is renumbered is to be corrected accordingly). References 1. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#Elkera_Print_BK1 2. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#Elkera_Print_BK2 3. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#Elkera_Print_BK3 4. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#idee1a6848_310a_4630_a58b_902f654224af 5. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#Elkera_Print_BK6 6. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#Elkera_Print_BK7 7. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#idd29ab830_2b12_4cb5_8a19_58e01a14d810 8. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#idc06e889a_be45_45ac_8ca1_8bf36ff2d42b 9. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#Elkera_Print_BK12 10. http://www.legislation.sa.gov.au/index.aspx?action=legref&type=act&legtitle=Tobacco%20Products%20Regulation%20Act%201997 11. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#id9dd54c98_46a2_4471_b8cc_32e25bb8ce53 12. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#idd29ab830_2b12_4cb5_8a19_58e01a14d810 13. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#ide8cf75e6_d5d6_4c91_bfd0_511bab75ffa7 14. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#idd29ab830_2b12_4cb5_8a19_58e01a14d810 15. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#idc06e889a_be45_45ac_8ca1_8bf36ff2d42b 16. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#idc06e889a_be45_45ac_8ca1_8bf36ff2d42b 17. file://localhost/home/trev/work/salegis/ceasedregs/html/1997.145.UN.html#idee1a6848_310a_4630_a58b_902f654224af