LANGUAGE
Last updated: July 21st 2021

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

The law does not contain a definition of “second hand smoke.” However, a definition of this term is not necessary for interpretation of the law because the law prohibits smoking in enclosed public places, enclosed workplaces, and public conveyances rather than prohibiting “exposure to second hand smoke.”

FCTC-Based Definition:

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

Term Defined
Definition

“Smoking” means inhaling, exhaling or handling an ignited or heated cigarette product or tobacco product, or a cigarette product or tobacco product producing emissions by any means.

Analysis

The law’s definition of “smoking” aligns with the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product. Additionally, the law’s definition is more expansive than the definition provided in the FCTC Art. 8 Guidelines because it includes the act of smoking a "heated” cigarette/tobacco product or cigarette/tobacco product “producing emissions by any means,” such as an e-cigarette.

FCTC-Based Definition:

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)

Law Source, Section

Public Place

Term Defined
Definition

“Enclosed public place” means the inside of a place, building or structure, temporary or permanent, that is covered by a roof completely or more than fifty percent closed to the outside air, and to which the public is normally invited or permitted access.

Analysis

The law contains a definition of “enclosed public place,” which combines definitions for “enclosed” and “public place.” The portion of this definition that defines “public place” aligns with the definition of “public place” contained in the FCTC Art. 8 Guidelines. However, the law’s definition could be clearer if it specified it applies regardless of ownership or right of access.

FCTC-Based Definition:

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)

Law Source, Section

Workplace

Term Defined
Definition

“Enclosed workplace” means the inside of a place, building, structure or vehicle that is covered by a roof completely or more than fifty percent closed to the outside air, and that employees work in or frequent.

Analysis

The law’s definition of "enclosed workplace" does not align with the definition provided in the FCTC Art. 8 Guidelines. The law’s definition references the definition of “employee” in the Employment Act 2000, which is more limiting and less protective than the scope of the FCTC Art. 8 Guidelines definition because it only applies to workplaces where individuals receive compensation and excludes persons under the age of sixteen, casual workers, part-time employees, temporary employees, students, voluntary workers, and other classes of people prescribed by regulation. Nonetheless, the effect of the law may be complete because all enclosed public places are covered under the law as well.

To ensure enforcement of the smoking prohibition in all indoor workplaces, a definition of "workplace" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines. Additionally, the definition in the law could be improved if it specified it includes both permanent and temporary areas.

FCTC-Based Definition:

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)

Law Source, Section

Public Transport

Term Defined
Definition

“Public conveyance” means any mode of transportation that carries passengers for hire or reward.

Analysis

The law’s definition of “public conveyance” aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition:

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Law Source, Section

Indoor or Enclosed

Term Defined
Definition

“Enclosed public place” means the inside of a place, building or structure, temporary or permanent, that is covered by a roof completely or more than fifty percent closed to the outside air, and to which the public is normally invited or permitted access.

“Enclosed workplace” means the inside of a place, building, structure or vehicle that is covered by a roof completely or more than fifty percent closed to the outside air, and that employees work in or frequent.

Analysis

The law contains definitions for “enclosed public place” and “enclosed workplace,” and the term “enclosed” is not defined separately. Under these definitions, an area is “enclosed” if it is completely covered by a roof or is more than 50% closed to outside air. In contrast, the definition of “enclosed” in the FCTC Art. 8 Guidelines defines “enclosed” as having a roof or one or more walls. Therefore, some places would be considered enclosed under the FCTC Guidelines definition but not under the definition in the law. To align with the FCTC Art. 8 Guidelines, the law should contain a definition of “enclosed” or “indoor” in accordance with the definition provided by the FCTC Art. 8 Guidelines.

FCTC-Based Definition:

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)

Law Source, Section

Tobacco Product

Term Defined
Definition

“Tobacco product” means a product composed in whole or in part from the leaf of the tobacco plant as raw material which is manufactured for human consumption.

Analysis

The law’s definition of “tobacco product” aligns with the definition of “tobacco product” in the FCTC Art. 1(f).

FCTC-Based Definition:

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))

Law Source, Section

Cigarette

Term Defined
Definition

“Cigarette” means a cylindrical roll of ground or shredded tobacco that is wrapped in paper or another substance meant for smoking.

Analysis

The definition of “cigarette” is significant because it determines the scope of products covered by the law’s smoking prohibition. The law prohibits the smoking of “cigarette products” and “tobacco products.”

Law Source, Section

Cigarette Product

Term Defined
Definition

“Cigarette product” includes cigarettes and electronic cigarettes.

Analysis

The definition of “cigarette product” is significant because it determines the scope of products covered by the law’s smoking prohibition. The law prohibits the smoking of “cigarette products” and “tobacco products.”

Law Source, Section

Electronic Cigarette

Term Defined
Definition

“Electronic cigarette” means a cigarette-shaped device containing a nicotine based liquid that is vapourised and inhaled, and is used to simulate the experience of smoking tobacco.

Analysis

The definition of “electronic cigarette” is significant because it determines the scope of products covered by the law’s smoking prohibition. The law prohibits the smoking of “cigarette products,” which by definition includes electronic cigarettes.

Law Source, Section