Queensland Consolidated Acts Queensland Consolidated Acts(1) A person must not smoke in an enclosed place.
Maximum penalty--20 penalty units.
(2) Subsection (1) does not apply to the following--
(a) residential premises, other than a part of residential premises being used for carrying on a business while 1 or more persons who do not reside at the premises are present in the part of the premises;
Example of a person who does not reside at the premises--
a person employed in the business
(b) multi-unit residential accommodation, other than the common areas of the accommodation;
(c) an exempt vehicle;
(d) a premium gaming room;
(f) a secure facility under the Corrective Services Act 2006.
(3) A person who performs in a theatre or other enclosed place does not commit an offence under this section by smoking during the performance if smoking is part of the performance.
(4) In this section--
common area, of multi-unit residential accommodation, means an area accessible to all, or a specified class of, residents of, or persons employed at, the accommodation.
Example--
a TV room or cooking facilities shared by all, or a specified class of, residents
multi-unit residential accommodation means hotel accommodation, motels, hostels, boarding houses, nursing homes, residential accommodation comprising lots in a community titles scheme and other similar accommodation.
residential premises means premises used, or intended to be used, as a place of residence or mainly as a place of residence and does not include multi-unit residential accommodation.