Last updated: January 14th 2021

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that "no person shall smoking in" specified places, rather than, for example, "no person shall be exposed to second hand smoke" in specified places.

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 and expelling of smoke of cigarettes, cigars or tobacco products in any form whatsoever, and includes the act of handling a lighted tobacco product.

Analysis

The definition of "smoking" aligns with the definition contained in the FCTC Art. 8 Guidelines.

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

"Public place", pursuant to section 17 of the Interpretations and General Provisions Act (Cap. 85), means any fixed or mobile place to which members of the general public or segments of the general public ordinarily have access by express or implied invitation.

Analysis

The regulations contain a definition of "public place", which aligns with the definition included in the FCTC Art. 8 Guidelines.

The definition could further align with the FCTC Art. 8 Guidelines if it specifically referenced ownership of the place in question.

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

"Work place" –
(a) means any indoor or other enclosed space in which employees, contractors, volunteers or other persons perform the duties of employment, services or other work (paid or unpaid); and
(b) includes –
(i) any restaurant, bar, cafeteria or private office or any adjacent corridor, lobby, stairwell, elevator, washroom or other common area frequented by such employees, contractors, volunteers or other persons during the course of their employment, service or work; or
(ii) any public place where persons work including; but
(c) does not include any place or part of it which is primarily used as a private residence.

Analysis

The law contains a definition of "work place" that aligns with the definition contained in the FCTC Art. 8 Guidelines.

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

"Means of public transport" means any form or mode of transportation that carries passengers for hire or reward, whether locally, between places within Solomon Islands, or Solomon Islands and another place outside it.

Analysis

The definition of "means of public transport" provided in the regulations aligns with the definition of "public transport" contained 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" means covered by a roof or roof-like structure or one or more walls or sides of any material, whether permanent or semi-permanent.

Analysis

The law contains a definition of "enclosed" which includes reference to all points included in FCTC Art. 8 and the FCTC Art. 8 Guidelines. The definition therefore aligns with the definition of "indoor" or "enclosed" provided in 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 any product from tobacco whether or not manufactured and intended for use by smoking, inhaling, mastication, orally taking by mouth or administration through the skin, and includes nasal or oral snuff or any product containing tobacco.

Analysis

The definition of "tobacco product" aligns with the definition provided in 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

No-smoking Sign

Term Defined
Definition

“No-smoking sign” means a sign or notice prepared and approved in accordance with the requirements of these Regulations stating that smoking any tobacco product is prohibited within the smoke-free area the sign or notice is displayed, and includes the internationally recognized ‘no smoking’ symbol comprising a graphical representation of a lit cigarette with a diagonal line through the cigarette.

Analysis

The definition of "no-smoking sign" is significant because it contains some details as to the contents of the signs required to be posted in smoke-free places.

Law Source, Section