This Act assigns obligations and potential liabilities across several categories of actors: individual members of the public who smoke or vape in public places; occupiers and managers of premises that are or contain smoke‑free areas; inspectors and police exercising enforcement functions; the Director‑General and the Minister (administrative decision‑makers); and the Crown (the Act binds the State, s 5). The regulations may extend or qualify who may bring proceedings and who counts as an inspector (ss 20, 14(5)).
Individuals who smoke or vape. Section 7 makes it an offence for any person to smoke in a smoke‑free area. The maximum penalty for the individual offence is five penalty units. There are limited defences: where smoking is necessary as part of a performance (s 7(2)) or where the accused proves he or she did not know and could not reasonably be expected to have known that the place was a smoke‑free area (s 7(3)). Inspectors may require a person smoking in contravention to stop (s 17(1)). The Act also contains an express statement that it does not create or preserve a right to smoke in a public place (s 21).
Occupiers and persons in charge. Occupiers of enclosed public places and commercial outdoor dining areas have a direct statutory duty not to allow smoking in those parts (s 8(1)). The penalties are tiered: for a natural person 10 penalty units and for a body corporate 50 penalty units. Occupiers have a statutory defence if they can establish they did not supply items that facilitate smoking and either lacked knowledge that smoking was occurring or took specified remedial steps on becoming aware (s 8(2)). Occupiers of smoke‑free areas must display prescribed signage (s 9(1)), subject to regulatory exemptions and a specific list of outdoor places exempted from the signage duty (s 9(3)). Where a smoke‑free area forms part of premises in which smoking is allowed elsewhere, the occupier of the smoke‑free area and the occupier of the smoking areas must take reasonable steps to prevent smoke penetrating the smoke‑free area; the Minister may issue guidelines and compliance with them is conclusive on reasonable steps (s 10(1)-(4)).
Licensed premises in the exempt area regime. The Act contemplates that certain parts of clubs, hotels, nightclubs and casinos may be designated as exempt areas under Part 3 (s 11). The historical temporary provisions (ss 11A-11C) allowed certain rooms or parts to be set aside within defined timeframes (the text specifies dates in 2005-2007). The regulations may prescribe requirements for premises containing exempt areas, including partitions, ventilation and area designation (s 12). The Director‑General may remove an exemption if statutory requirements or guidelines are not complied with, but must follow procedural steps before doing so (s 13).
Inspections and enforcement personnel. The Director‑General appoints inspectors and issues certificates of authority (s 14). Regulations may deem classes of inspectors under other legislation to be inspectors for the Act (s 14(5)-(6)). Police officers have the functions of inspectors for specific transport smoke‑free areas (s 14A). Inspectors have entry, inspection, sampling and document‑production powers (s 15). When making requirements, inspectors must identify themselves and produce their certificate on request, and inform the person of the consequences of refusal or failure to comply (s 18(3)).
Prosecutorial actors and the civil processes. Prosecutions for offences under the Act are to be taken before the Local Court (s 20(1)) and may be brought only by the Director‑General or persons or classes prescribed by regulation (s 20(2)). Inspectors may issue penalty notices for prescribed offences (s 20A), and the Fines Act applies to penalty notices.
The Crown and public authorities. The Act binds the Crown (s 5). Section 21A prevents claims for compensation by or on behalf of the State arising from enactment or operation of the Act, exercise/failure to exercise functions, or statements/conduct relating to regulation of smoking; the provision applies to the State broadly defined and includes inspectors (s 21A).
Who ultimately decides. Administration and operational decisions fall to the Director‑General (appointments, declarations under s 13, prosecutions under s 20), inspectors acting under statutory powers (ss 14-18), and the Minister through guidelines (s 10(3)) and regulations made by the Governor (s 23). The Local Court is the judicial forum for proceedings (s 20(1)). The regulations may add and modify who may bring proceedings and which offences are eligible for penalty notices (ss 20, 20A, 23).
In summary, the Act affects ordinary members of the public (including vapers), occupiers of public premises (with heightened duties for enclosed public places and commercial outdoor dining areas), owners/operators of licensed premises in the exempt regime, enforcement officers (inspectors and police), and the Director‑General and Minister as administrative decision‑makers. The regulatory design places day‑to‑day compliance obligations on occupiers and operational enforcement discretion in inspectors and the Director‑General.