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Legislative Assembly for the ACT: 1997 Week 2 Hansard (27 February) . . Page.. 633 ..
In relation to the implementation of the Smoke-free Areas (Enclosed Public Places Act 1994 -
(1) Can you provide detailed information on the process for granting exemptions to the Act.
(2) Are the premises examined before granting a certificate of exemption.
(3) Are the premises examined when occupied at or near full capacity.
(4) Can you provide a list of licensed premises which hold certificates of exemption.
(5) For premises who have been granted an exemption, how often is the (a) equipment checked or (b) air quality monitored.
(6) How many inspectors
(a) are currently appointed to monitor compliance with the Act;
(b) were appointed in 1995; and
(c) were appointed in 1996.
Mrs Carnell - the answer to the Member's question is:
(1) The legislation stipulates that an exemption can not be granted except where the Minister is satisfied that the premises are fitted with mechanical air conditioning and ventilation equipment capable of maintaining air quality in accordance with Australian Standard AS1668.2.
The process of granting exemptions therefore involves the applicant providing such information as is necessary to enable an accurate assessment to be made of whether the air quality in the premises complies with the Standard. This assessment is undertaken by officers of the Department of Health and Community Care and by mechanical engineers employed by agencies of the ACT Government.
The exemption application form includes a 4-page Building Services Engineer's Report. This report must be certified by a mechanical engineer registered with the Institution of Engineers, preferably at Level 3, which is the highest professional level.
Restaurant exemption forms must include a sketch of the premises indicating the location of smoking and non-smoking areas and elements of the air handling system. Licensed
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