communication including cinematographic film, television production, radio production or
the internet, and 'promote' has a corresponding meaning;
'public conveyance' includes transporting people by means of any commercial or chartered
aircraft, ship, boat, train, bus, mini-bus or taxi;
'public place' means any indoor, enclosed or partially enclosed area which is open to the
public, and includes a workplace and a public conveyance:
'smoke' means to inhale, exhale, hold or otherwise have control over an ignited tobacco
product, weed or plant, and 'smoked' and 'smoking' have corresponding meanings;
'tar' means the anhydrous and nicotine-free condensate of the smoke of a tobacco product;
'this Act' includes a regulation made under this Act; and
'tobacco product' means a product containing tobacco that is intended for human
consumption, and includes, but is not limited to, any device, pipe, water pipe, papers, tubes,
filters, portion pouches or similar objects manufactured for use in the consumption of
tobacco;
'trade mark' includes(i)
any mark whether registered or registrable for trade purposes or any recognised
version thereof that is likely to be taken as, or confused with, that trade mark;
(ii)
certification trade mark or collective trade mark; and
(iii)
'trade mark' as defined in section 1 of the Trade Marks Act, 1993 (Act 194 of 1993);
'workplace'(a) means any indoor, enclosed or partially enclosed area in which employees perform
the duties of their employment; and
(b) includes any corridor, lobby, stairwell, elevator, cafeteria, washroom or other
common area frequented by such employees during the course of their employment;
but
(c) excludes any private dwelling, and any portion of an area mentioned in paragraph
(a) specifically designated by the employer as a smoking area and which complies
with the prescribed requirements.
2
Control over smoking of tobacco products
(1) (a) No person may smoke any tobacco product in(i) a public place;
(ii) any area within a prescribed distance from a window of, ventilation inlet of,
doorway to or entrance into a public place;
(iii) any motor vehicle when a child under the age of 12 years is present in that
vehicle; or
(iv) any place contemplated in subsection (3).
(b) Notwithstanding paragraph (a), the Minister may permit smoking in the prescribed
portion of a public place, subject to any prescribed condition.
(c) Notwithstanding the fact that a private dwelling is excluded from the definition of