{"id":"tas:sr-2024-002","name":"Public Health (Smoke-free Areas) Regulations 2024","slug":"public-health-smoke-free-areas-regulations-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"2 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174587,"registerId":"tas-sr-2024-002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Public Health (Smoke-free Areas) Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-002) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 12 February 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Public Health Act 1997](/view/html/inforce/2026-04-12/act-1997-086) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Smoke-free areas","content":"### 4 Smoke-free areas\n\n> > (1)  For the purposes of [section 67B(1)(m)](/view/html/inforce/2026-04-12/act-1997-086#GS67B@Gs1@Hpm@EN) of the Act, the following public streets are declared to be pedestrian malls:\n> > \n> > > > (a) Salamanca Square, Kennedy Lane and Woobys Lane, comprising all that area of land of about 3 818 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9484 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 1](#JS1@HS1@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (b) Elizabeth Mall, Soundys Lane and Wellington Court, comprising all that area of land of about 3 776 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9487 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 2](#JS1@HS2@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (c) Brisbane Street (The Mall), comprising all that area of land of about 2 497 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9488 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 3](#JS1@HS3@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (d) Quadrant Mall, comprising all that area of land of about 1 382 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9489 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 4](#JS1@HS4@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (e) Civic Square, comprising all that area of land of about 5 140 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9490 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 5](#JS1@HS5@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (f) Rooke Street, comprising all that area of land of about 3 522 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9494 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 6](#JS1@HS6@EN) of [Schedule 1](#JS1@EN) .\n> \n> > (2)  For the purposes of [section 67B(1)(n)](/view/html/inforce/2026-04-12/act-1997-086#GS67B@Gs1@Hpn@EN) of the Act, the following public streets are declared to be bus malls:\n> > \n> > > > (a) all that area of land comprising about 612 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9486 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 7](#JS1@HS7@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (b) Elizabeth Street, comprising all that area of land of about 2 577 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9485 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 8](#JS1@HS8@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (c) all those areas of land comprising about 313 square metres and 266 square metres shown as Area 1 and Area 2, respectively, bounded by heavy black lines and shaded, on Plan 9491 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 9](#JS1@HS9@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (d) all that area of land comprising about 2 985 square metres shown as Area 1, bounded by a heavy black line and shaded, on Plan 9492 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 10](#JS1@HS10@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (e) all those areas of land comprising about 183 square metres and 218 square metres shown as Area 1 and Area 2, respectively, bounded by heavy black lines and shaded, on Plan 9493 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 11](#JS1@HS11@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (f) Tolosa Street, comprising all that area of land of about 3 204 square metres shown as Lot 1, and bounded by a heavy black line, on Plan 9495 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Part 12](#JS1@HS12@EN) of [Schedule 1](#JS1@EN) .","sortOrder":3},{"sectionNumber":"SCHEDULE 1 - Plans","sectionType":"part","heading":"SCHEDULE 1 - Plans","content":"# SCHEDULE 1 - Plans SCHEDULE 1 - Plans","sortOrder":4},{"sectionNumber":"Part 1","sectionType":"part","heading":"Plan 9484","content":"# Part 1 Plan 9484\n\n[![graphic image](/image/cpr9484.gif)](/image/cpr9484.gif)","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Plan 9487","content":"# Part 2 Plan 9487\n\n[![graphic image](/image/cpr9487.gif)](/image/cpr9487.gif)","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Plan 9488","content":"# Part 3 Plan 9488\n\n[![graphic image](/image/cpr9488.gif)](/image/cpr9488.gif)","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Plan 9489","content":"# Part 4 Plan 9489\n\n[![graphic image](/image/cpr9489.gif)](/image/cpr9489.gif)","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Plan 9490","content":"# Part 5 Plan 9490\n\n[![graphic image](/image/cpr9490.gif)](/image/cpr9490.gif)","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"Plan 9494","content":"# Part 6 Plan 9494\n\n[![graphic image](/image/cpr9494.gif)](/image/cpr9494.gif)","sortOrder":10},{"sectionNumber":"Part 7","sectionType":"part","heading":"Plan 9486","content":"# Part 7 Plan 9486\n\n[![graphic image](/image/cpr9486.gif)](/image/cpr9486.gif)","sortOrder":11},{"sectionNumber":"Part 8","sectionType":"part","heading":"Plan 9485","content":"# Part 8 Plan 9485\n\n[![graphic image](/image/cpr9485.gif)](/image/cpr9485.gif)","sortOrder":12},{"sectionNumber":"Part 9","sectionType":"part","heading":"Plan 9491","content":"# Part 9 Plan 9491\n\n[![graphic image](/image/cpr9491.gif)](/image/cpr9491.gif)","sortOrder":13},{"sectionNumber":"Part 10","sectionType":"part","heading":"Plan 9492","content":"# Part 10 Plan 9492\n\n[![graphic image](/image/cpr9492.gif)](/image/cpr9492.gif)","sortOrder":14},{"sectionNumber":"Part 11","sectionType":"part","heading":"Plan 9493","content":"# Part 11 Plan 9493\n\n[![graphic image](/image/cpr9493.gif)](/image/cpr9493.gif)","sortOrder":15},{"sectionNumber":"Part 12","sectionType":"part","heading":"Plan 9495","content":"# Part 12 Plan 9495\n\n[![graphic image](/image/cpr9495.gif)](/image/cpr9495.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 7 February 2024\n\nThese regulations are administered in the Department of Health.","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations perform their original, narrowly defined function: they identify specific public streets and areas to be treated as pedestrian malls or bus malls under the Public Health Act. They do not add new categories of restriction, create new offences, or expand regulatory powers beyond naming places and linking them to the Act. Therefore the scope has not grown beyond the instrument’s core purpose of geographically declaring smoke‑free areas."},"complexity_factors":["Short instrument: 4 substantive provisions plus Schedule 1","Only one defined term in Interpretation (Act)","Two direct cross‑references to the Public Health Act (s 67B(1)(m) and s 67B(1)(n))","Twelve map/plan parts in Schedule 1 defining locations (Parts 1–12)","Reliance on external documents: Central Plan Register plans are authoritative for boundaries","Minimal conditional logic or exceptions (declaratory list only)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- These regulations formally declare a set of named public streets and squares to be either **pedestrian malls** or **bus malls** for the purposes of the Public Health Act 1997. (See reg 4(1) and 4(2).)\n- The declarations are geographic: each listed area is described by an approximate area in square metres and by reference to a plan in the Central Plan Register. The plans are reproduced in Schedule 1 (Parts 1–12).\n- The regulations commence on 12 February 2024 (reg 2) and use a single defined term: “Act” means the Public Health Act 1997 (reg 3).\n\n**Who is affected**\n\n- People who smoke or use tobacco or other smoking products in public: those individuals will no longer be permitted to smoke in the specifically declared pedestrian malls and bus malls (the prohibition and penalties are set out in the Public Health Act itself — these regulations simply identify the areas covered).\n- Operators of nearby businesses (cafés, shops, restaurants) and property users located adjacent to the declared areas, because the smoking restriction changes what customers can do in those public spaces.\n- Enforcement agencies and local health authorities (and, ultimately, taxpayers) — they will be responsible for implementing, monitoring and enforcing the restrictions and for providing signage or public information as required.\n\n**Why it matters / what changes in behaviour and costs**\n\n- Purpose claim: by declaring specific public streets as pedestrian or bus malls, these regulations extend the smoking controls in the Public Health Act to those precise locations (reg 4). The regulation itself does not create the prohibition; it triggers the Act’s application in those places.\n\n- Behaviour change required: smokers must not smoke in the declared areas. That shifts where individuals may smoke (displacement to adjacent streets or private property).\n\n- Who pays and how much: the instrument does not set fines or enforcement details (those are in the Act), but it creates probable costs: public authorities will need to install or update signage, conduct compliance checks, and enforce breaches; individuals risk fines under the Act for non‑compliance; businesses may incur minor costs (signage, changes to outdoor seating layouts) or see shifts in customer behaviour. These are implementation and compliance costs rather than new taxes or fees created by the regulation itself.\n\n- Incentives and trade-offs: the measure concentrates a restriction on a small number of named locations (see reg 4(1)–(2) and Schedule 1). That produces concentrated, location‑specific benefits (a smoke‑free environment in the declared malls) and diffuse costs (smokers relocate; enforcement resources must be allocated). There is a substitution effect: smoking activity may move to nearby streets not captured by the plans.\n\n- Administrative and legal mechanics: the regulations rely on map references in the Central Plan Register and reproduced plans in Schedule 1 to define boundaries. Any ambiguity or dispute about the exact boundary will be resolved by reference to the registered plans, not the textual area figures.\n\n**Practical implementation risks and points to note**\n\n- Clarity of boundaries depends on the quality and public accessibility of the Central Plan Register plans listed in Schedule 1. If the plans are not easily inspected by the public in the field, compliance and enforcement at the edges may be awkward.\n- The regulation delegates little discretion — it is declaratory: it names places and links them to the Act. Enforcement discretion (who enforces, where to prioritise) remains with authorised officers under the Act and administrative practice.\n\n**Where to look in the instrument**\n\n- Legal effect of the declarations: reg 4(1) (pedestrian malls) and reg 4(2) (bus malls).\n- Geographic detail and maps: Schedule 1, Parts 1–12 (Plan references to the Central Plan Register).\n\n(References in parentheses are to the regulation provisions cited.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: declaring specific mapped public streets as smoke-free pedestrian malls and bus malls. The scope has not expanded beyond this straightforward geographical designation function."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Straightforward declaratory structure with no conditional logic or exceptions","Extensive use of mapped plans (12 separate plans) creates visual complexity but not legal complexity","Precise land measurements and plan references (Central Plan Register) create administrative precision rather than substantive legal complexity","No cross-references beyond the parent Act and specific section","No nested provisions, exceptions, or discretionary powers"],"plain_english_summary":"This law bans smoking in specific outdoor public areas in Tasmania. It designates six pedestrian shopping areas (including Salamanca Square, Elizabeth Mall, and Brisbane Street Mall) and six bus mall areas as smoke-free zones. The regulations work under the Public Health Act 1997, which gives the government power to create no-smoking areas. Each location is precisely mapped using official land registry plans, with copies of those maps included in the law itself. If you smoke in these areas, you're breaking the law and could face penalties under the main Act."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. It appears to have been in continuous force since 12 February 2024 with no substantive amendments visible in the provided text."},"complexity_factors":["Insufficient legislative content provided to assess full complexity — only metadata/status information was supplied","Regulations of this type are typically straightforward, listing designated smoke-free locations with limited definitional complexity","Operates under a parent Act (Public Health Act), meaning readers must cross-reference that Act for penalties and enforcement powers","No visible exemptions, definitions, or transitional provisions to evaluate"],"plain_english_summary":"This Tasmanian regulation defines smoke‑free areas under the Public Health Act, setting where smoking is banned and who must comply—smokers, businesses/venue operators, and the public protected from secondhand smoke. It matters because it provides the legal basis to enforce no‑smoking rules in specified public spaces.\n\nNote: the actual text of the regulation (specific locations, exemptions, penalties) was not provided here."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-health-smoke-free-areas-regulations-2024","history":"/api/acts/public-health-smoke-free-areas-regulations-2024/history","analysis":"/api/acts/public-health-smoke-free-areas-regulations-2024/analysis","conflicts":"/api/acts/public-health-smoke-free-areas-regulations-2024/conflicts","importantCases":"/api/acts/public-health-smoke-free-areas-regulations-2024/important-cases","documents":"/api/acts/public-health-smoke-free-areas-regulations-2024/documents"}}