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Government Gazette of the STATE of NEW SOUTH WALES Number 19 Friday, 10 February 2006

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Government Gazette of the STATE of NEW SOUTH WALES Number 19 Friday, 10 February 2006 757 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 19 Friday, 10 February 2006 Published under authorityNew by Government South Wales Advertising and Information LEGISLATIONNew South Wales Proclamations Proclamation New South Wales under the Proclamation Smoke-free Environment ActNew 2000South Wales No 69 under the Proclamation Smoke-free Environment Act 2000 No 69 under the , Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the Smoke-freeadviceProclamation of the Executive Environment Council, Act and 2000in pursuance No 69 of section 2 of the Smoke-free Environment Act 2000, do, by this my Proclamation, appoint 2 July 2007, asGovernor the day on which section 10 of that Act commences. MARIE BASHIR, Governor I,under Professor the Marie Bashir AC, Governor of the State of New South Wales, with the adviceSigned ofand the sealed Executive at Sydney, Council, this and in pursuanceday of of section 2 of 2006. the Smoke-free EnvironmentSmoke-free Act Environment 2000, do, by this Act my Proclamation,2000 No 69 appoint 2 July 2007, asGovernor the day I,on Professor which section Marie 10 Bashir of that AC, ByAct GovernorHer commences. Excellency’s of the State Command, of New South Wales, with the adviceSigned of andand the sealed sealed Executive at at Sydney, Sydney, Council, this this and 8th in daypursuance ofday February of of section 2006. 2 of 2006. the Smoke-free Environment Act 2000, do, by this my Proclamation, appoint 2 July 2007 as the day on which section 10 of that ByAct Her commences. Excellency’s Command, Signed and sealed at Sydney, this day of Minister 2006. for, Governor Health I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the GOD SAVE THE QUEEN! advice of the Executive Council, and in pursuanceJOHN ofHATZISTERGOS section 2 of the Smoke-free, M.L.C., Environment Act 2000, do,By by Herthis Excellency’smy Proclamation, Command, appoint 2 July 2007 as the day on which sectionL.S. 10 of that Act commences. MinisterMinister forfor HealthHealth Signed and sealed at Sydney,GOD this SAVE THEday QUEEN! of 2006. Explanatory note The object of this Proclamation is to commence section 10 of the Smoke-freeMinister Environment for Health Act 2000 on 2 July 2007. By Her Excellency’s Command, GOD SAVE THE QUEEN! ExplanatorySection 10 of the Smoke-freenote Environment Act 2000 provides that: The(a) object the occupierof this Proclamation of a smoke-free is to area commence has a du sectionty to take 10 ofreasonable the Smoke-free steps to Environment prevent the Act 2000smoke on 2 fromJuly 2007.other parts of the premises in which smoking is allowed penetrating the smoke-free area, and Minister for Health ExplanatorySection 10 of the Smoke-freenote Environment Act 2000 provides that: (b) the occupier of any part ofGOD premises SAVE in which THE smoking QUEEN! is allowed must take reasonable The(a) objectsteps the occupierof to this prevent Proclamation of thea smoke-free smoke is from to areacommence that has part a ofdu section thety topremises take 10 ofreasonable penetratingthe Smoke-free steps a smoke-free to Environment prevent area the Act 2000withinsmoke on 2 thosefromJuly 2007. otherpremises, parts and of the premises in which smoking is allowed penetrating the Sectionsmoke-free 10 of the Smoke-free area, and Environment Act 2000 provides that: (a)(b) the the occupier ofof anya smoke-free part of premises area has in whicha duty smoking to take reasonableis allowed muststeps take to prevent reasonable the Explanatorysmokesteps to from prevent note other the parts smoke of fromthe premises that part inof whichthe premises smoking penetrating is allowed a smoke-freepenetrating area the The objectsmoke-freewithin of thosethis area,Proclamation premises, and and is to commence section 10 of the Smoke-free Environment (b)s05-486-25.p02Act 2000 the on occupier 2 July of2007. any part of premises in which smoking is allowed must take reasonablePage 1 Sectionsteps 10 of to the prevent Smoke-free the smoke Environment from that partAct 2000of the provides premises that: penetrating a smoke-free area (a)within the occupier those premises,of a smoke-free and area has a duty to take reasonable steps to prevent the smoke from other parts of the premises in which smoking is allowed penetrating the s05-486-25.p02smoke-free area, and Page 1 (b) the occupier of any part of premises in which smoking is allowed must take reasonable steps to prevent the smoke from that part of the premises penetrating a smoke-free area s05-486-25.p02within those premises, and Page 1 s05-486-25.p02 Page 1 758 LEGISLATION 10 February 2006 Proclamation Explanatory note (c) the Minister may issue guidelines as to what constitutes reasonable steps to prevent the penetration of smoke into smoke-free areas and a person who complies with such guidelines is to be considered to have taken all reasonable steps to prevent the penetration of smoke into a smoke-free area. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 19 10 February 2006 LEGISLATION 759 Regulations New South Wales Public Authorities (Financial Arrangements) Amendment (Rural Lands Protection Boards Exclusion) Regulation 2005 under the Public Authorities (Financial Arrangements) Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Public Authorities (Financial Arrangements) Act 1987. MICHAEL COSTA, M.L.C., MinisterMinister forfor Finance Finance Explanatory note The object of this Regulation is to exclude Rural Lands Protection Boards from the application of Part 2C (which relates to statutory guarantees to public authorities by the Government) of the Public Authorities (Financial Arrangements) Act 1987 (with the exclusion of Forbes Rural Lands Protection Board commencing on 1 May 2006). This Regulation is made under the Public Authorities (Financial Arrangements) Act 1987, including the definition of authority in section 3 (1) and section 43 (the general regulation-making power). s05-537-42.p02 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 19 760 LEGISLATION 10 February 2006 Public Authorities (Financial Arrangements) Amendment (Rural Lands Clause 1 Protection Boards Exclusion) Regulation 2005 Public Authorities (Financial Arrangements) Amendment (Rural Lands Protection Boards Exclusion) Regulation 2005 under the Public Authorities (Financial Arrangements) Act 1987 1 Name of Regulation This Regulation is the Public Authorities (Financial Arrangements) Amendment (Rural Lands Protection Boards Exclusion) Regulation 2005. 2 Amendment of Public Authorities (Financial Arrangements) Regulation 2005 The Public Authorities (Financial Arrangements) Regulation 2005 is amended by inserting the following in alphabetical order in Part 2 of Schedule 1: Rural lands protection board constituted under the Rural Lands Protection Act 1998, but: (a) only for the purposes of Part 2C of the Act, and (b) in relation to Forbes Rural Lands Protection Board, only on and from 1 May 2006. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 19 10 February 2006 LEGISLATION 761 New South Wales Racing Administration (ThoroughVisioN Pty Ltd) Amendment Regulation 2005 under the Racing Administration Act 1998 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Racing Administration Act 1998. GRANT McBRIDE, M.P., Minister for Gaming and Racing Minister for Gaming and Racing Explanatory note The object of this Regulation is to amend the Racing Administration Regulation 2005 to prescribe ThoroughVisioN Pty Ltd as a body that may publish information in relation to dividends and betting odds payable in respect of an authorised totalizator operation conducted in another State or Territory. This Regulation is made under the Racing Administration Act 1998, including sections 28 (2) and (3) and 37 (the general regulation-making power). s05-531-04.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 19 762 LEGISLATION 10 February 2006 Racing Administration (ThoroughVisioN Pty Ltd) Amendment Regulation Clause 1 2005 Racing Administration (ThoroughVisioN Pty Ltd) Amendment Regulation 2005 under the Racing Administration Act 1998 1 Name of Regulation This Regulation is the Racing Administration (ThoroughVisioN Pty Ltd) Amendment Regulation 2005. 2 Amendment of Racing Administration Regulation 2005 The Racing Administration Regulation 2005 is amended by inserting at the end of clause 14: (k) ThoroughVisioN Pty Ltd. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 19 10 February 2006 LEGISLATION 763 New South Wales Smoke-free Environment Amendment (Enclosed Places) Regulation 2006 under the Smoke-free Environment Act 2000 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Smoke-free Environment Act 2000. JOHN HATZISTERGOS, M.L.C., MinisterMinister forfor Health Health Explanatory note The object of this Regulation is to amend the Smoke-free Environment Regulation 2000 to prescribe guidelines in relation to determining what is an enclosed public place and when a covered outside area is considered to be substantially enclosed for the purposes of the Smoke-free Environment Act 2000. A public place is considered to be substantially enclosed if the total area of the ceiling and wall surfaces of the public place is more than 75 per cent of its total notional ceiling and wall area. In determining the total area of the ceiling and wall surfaces, any door, window or moveable structure that is, or is part of, a ceiling or wall is taken to be closed whether or not the door, window or structure is open unless (in the case of a door or window) it is locked fully open and the total area of all such doors and windows do not make up more than 15 per cent of the total notional ceiling and wall area. This Regulation also requires an occupier of an enclosed public place where smoking is allowed because doors or windows are locked open to keep those doors or windows locked fully open for the entire hours of operation when smoking is allowed.
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