New regulations – smoking in enclosed public spaces

THE new Health (Smoking in Enclosed Public Places) Regulations 2003 (WA) will come into effect on December 1 and replace the 1999 regulations.

The latest regulations follow a review by the Department of Health of the operation and effectiveness of the 1999 regulations.

Although the review and report recommended all exemptions under the 1999 regulations allowing smoking in enclosed public places – predominantly liquor licensed premises – be removed by October 2003, this has not eventuated. The 2003 regulations substantially re-enact the 1999 regulations with the prohibition and penalty provisions unchanged but do, however, importantly contain changes to the exemption provisions.

These changes include a reduction in the number and/or size of enclosed public spaces where smoking can occur in premises that are the subject of a liquor licence from July 1 or January 1 2007, depending on the classification of the premises.

Dominique Hartfield, solicitor

9288 6868

Joshua Preston, senior associate

9288 6940