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In this Division —
e-cigarette means a device that is designed to generate or release smoke, vapour or other aerosol (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product;
enclosed workplace has the meaning given in regulation 50B;
roof includes a ceiling, and any material —
(a) through which air cannot flow; and
(b) that is used for the same purpose as a ceiling or roof;
smoke means to consume, hold or otherwise have control over —
(a) an ignited or heated tobacco product; or
(b) an e-cigarette that is generating or releasing (whether or not by burning) smoke, vapour or other aerosol;
tobacco product has the meaning given to that term in the Tobacco Products Control Act 2006 glossary;
wall means a wall or any other vertical structure, covering or device, whether fixed or moveable, but does not include a balustrade —
(a) that is 1 metre or less in height; and
(b) of which more than 50% of its total vertical surface is open.
[Regulation 50A amended: SL 2025/61 r. 10.]