LANGUAGE
Last updated: January 10th 2018

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act prohibits smoking in a “public place”; however it requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Further, Sec. 13 specifically requires the owner or occupier of a “higher educational establishment, an office building, a hotel, bar or a restaurant, and any other entertainment facility” to set aside rooms for smoking and non-smoking. Likewise, Sec. 14 states that the owner, occupier or operator of a public place or business “shall” identify rooms where smoking is permitted. Section 14(2) of the Act further states that “an employer may designate one or more locations in an enclosed workplace as a smoking area.” Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act prohibits smoking in a “public place”; however it requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Further, Sec. 13 specifically requires the owner or occupier of a “higher educational establishment, an office building, a hotel, bar or a restaurant, and any other entertainment facility” to set aside rooms for smoking and non-smoking. Likewise, Sec. 14 states that the owner, occupier or operator of a public place or business “shall” identify rooms where smoking is permitted. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.

All public transport

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea.” Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Government facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Products Act does not specifically address smoking in government facilities. However, Sec. 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places and “any other enclosed place to which the public has admittance”. Similarly, Sec. 13 of the Act restricts smoking to designated smoking rooms in “office buildings”, among other places. Office buildings and “other enclosed places to which the public has admittance” are interpreted as being inclusive of government facilities. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including government facilities.

Hospitals

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “health care establishments”. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including hospitals.

Residential healthcare facilities - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “health care establishments”. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including residential healthcare facilities.

Non-residential healthcare facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “health care establishments”. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including non-residential healthcare facilities.

Childcare facilities/preschools

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Products Act does not specifically address smoking in childcare facilities or preschools. However, Sec. 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places and “any other enclosed place to which the public has admittance”. This provision – “other enclosed place to which the public has admittance” – is interpreted as including childcare facilities and preschools. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including childcare facilities and preschools.

Primary and secondary schools

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Products Act does not specifically address smoking in primary and secondary schools. However, Sec. 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places and “any other enclosed place to which the public has admittance”. This provision – “other enclosed place to which the public has admittance” – is interpreted as including primary and secondary schools. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including primary and secondary schools.

Universities/vocational facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. Section 13 further states that “any person being in charge of higher educational establishment . . . shall set aside rooms for smoking and non-smoking.” Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including higher educational establishments such as universities and vocational facilities.

Shops

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “enclosed environment such as markets, malls and any other enclosed place to which the public has admittance.” Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including shops.

Cultural facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “enclosed premises intended for socio-cultural meetings . . . and any other enclosed place to which the public has admittance.” This provision is interpreted as including all cultural facilities. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including cultural facilities.

Indoor stadium/arenas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “enclosed premises intended for socio-cultural meetings, sporting or recreational activities.” This provision is interpreted as including all indoor stadiums and arenas. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including indoor stadiums and arenas.

Restaurants

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “public eating places”. Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including restaurants.

Bars/pubs/nightclubs

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “public eating places . . . and any other enclosed place to which the public has admittance”. Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” Both of these provisions are interpreted as including bars, pubs and nightclubs. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including bars, pubs and nightclubs.

Casinos

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance”. Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” Both of these provisions are interpreted as including casinos Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including casinos.

Hotels/lodging - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance”. Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” These provisions are interpreted as covering public areas of hotels and other lodging. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including public areas of hotels.

Hotels/lodgings - guest rooms

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance”. Further, Sec. 13 goes on to state: “Any person being in charge of . . . a hotel, bar or a restaurant, and any other entertainment facility, shall set aside rooms for smoking and non-smoking.” This provision of Sec. 13 is interpreted as covering hotels rooms, which may be smoking or non-smoking. In practice, some hotels maintain a smoke-free policy in guest rooms. However, because smoking may be permitted in hotel guest rooms, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including hotel guestrooms.

Prisons/detention facilities - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance”. This provision is interpreted as covering public areas of prisons and detention facilities. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including public areas of prisons and detention facilities.

Trains, buses and other shared ground transportation other than taxis

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea”. The term “public transport” is not defined.

The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Taxis (for-hire vehicle)

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea”. The term “public transport” is not defined. It is unclear, however, how implementation of designated smoking areas in taxis would work. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Commercial aircraft

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea”. The term “public transport” is not defined.

The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Commercial watercraft

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act prohibits smoking in a “public place” but, at the same time, also requires the owner or occupier of a public place to set aside a room or area specifically for smoking. Under Sec. 12(2), a “public place” includes “public transport on land, air or sea”. The term “public transport” is not defined.

The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport and the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include a list of specified places “and any other enclosed place to which the public has admittance”. This provision is interpreted as covering indoor public transport facilities. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including public transport facilities.

Private offices

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 12 of the Tobacco Products Act restricts smoking in a “public place” to designated rooms or areas. A “public place” is defined to include “office buildings . . . and any other enclosed place to which the public has admittance”. Further, Sec. 13 goes on to state: “Any person being in charge of . . . an office building . . . shall set aside rooms for smoking and non-smoking.” It is unclear from these provisions whether a designated smoking room may be a private office or whether the designated smoking room must be a communal space. Therefore, the regulatory status “Uncertain” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places and workplaces, including private offices.