South Australia
Local Government (Miscellaneous) Amendment Bill 2010
A Bill For
An Act to amend the Local Government Act 1999.

Contents
Part 1—Preliminary
1	Short title
2	Amendment provisions
Part 2—Amendment of Local Government Act 1999
3	Insertion of section 240A
240A	By-laws about smoking

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Local Government (Miscellaneous) Amendment Act 2010.
2—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Local Government Act 1999
3—Insertion of section 240A
After section 240 insert:
240A—By-laws about smoking
	(1)	A council may make by‑laws prohibiting smoking in a specified public place.
	(2)	A by-law under this section does not operate in relation to a public place that is subject to a licence under the Liquor Licensing Act 1997.
	(3)	A council must fix the following penalties for a breach of a by‑law made under this section:
	(a)	a maximum penalty of $200;
	(b)	an expiation fee of $20.
	(4)	If a council makes a by‑law under this section, notices setting out the effect of the by‑law must be erected in such numbers and in positions of such prominence that the signs are likely to be seen by persons within the public place.
	(5)	To avoid doubt, a by‑law under this section is not inconsistent with the Tobacco Products Regulation Act 1997 merely because it prohibits smoking in a place in which smoking is not banned under that Act.
	(6)	Despite section 6 of the Expiation of Offences Act 1996, an expiation notice for a by‑law made under this section may be given to a child who has attained the age of 15 years.