Last updated: March 22, 2024
Key Terms
Second Hand Smoke (or similar term)
The regulations do not contain a definition of “second hand smoke.” However, a definition is not strictly necessary because the law provides that “no person shall smoke” in specified places, rather than, for example, “no person shall be exposed to second hand smoke.”
The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)
Smoking or Smoke
“Smoking” means inhaling and expelling the smoke or vapour of any tobacco product and includes the holding of or control over any ignited, heated or vaporized tobacco product.
The definition of “smoking” in the regulations aligns with and is broader than the definition of “smoking” provided in the FCTC Art. 8 Guidelines because it specifically includes the use of heated and vaporized tobacco products.
Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)
Public Place
The regulations do not contain a definition of “public place.” A definition is not strictly necessary for interpretation of the regulations because the regulations prohibit smoking in a specified list of places, rather than in indoor “public places.” However, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor “public places” and therefore the law should contain a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)
Workplace
“Place of work” has the same meaning assigned to it under section 3 of the Occupation Safety and Health Act 1994 [Act 514].
Act 514 states: “place of work” means premises where persons work or premises used for the storage of plant or substance.
The definition of “place of work” provided in the Regulations (through Law 514) generally aligns with the definition of “workplace” contained in the FCTC Art. 8 Guidelines. However, the definition would be clearer if it specified that a workplace includes private offices, common areas and other places frequented during the course of employment, as well as specifying that the definition applies whether the work is done for compensation or on a voluntary basis.
An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)
Public Transport
“Public vehicle” means any vehicle which is carrying fare-paying passengers, that is being used on land, water or air.
The definition of “public vehicle” aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
The regulations do not contain a definition of “indoor” or “enclosed.” A definition is not strictly necessary for interpretation of the regulations because the regulations prohibit smoking in a specified list of places, rather than in “indoor public places and indoor workplaces.” However, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all “indoor public places and indoor workplaces” and therefore the law should contain a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)
Tobacco Product
The regulations do not contain a definition of “tobacco product.” The lack of definition for this key term could hinder enforcement of the regulations. For example, the regulations prohibit “smoking” in specified places. “Smoking” is defined as inhaling and exhaling, or having control over, a lit “tobacco product.” The failure to define “tobacco product” could undermine application of this provision of the regulations.
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
