Queensland Consolidated Acts Queensland Consolidated Acts(1) A person must not smoke within 4m of any part of an entrance to an enclosed place, unless the person has a reasonable excuse.
Maximum penalty--20 penalty units.
(2) Subsection (1) does not apply to an entrance that is an entrance only to--
(a) residential premises; or
(b) multi-unit residential accommodation; or
(c) premises to which a commercial hotel licence or community club licence under the Liquor Act 1992 applies; or
(d) premises, to which a commercial special facility licence under the Liquor Act 1992 applies, that contain all or part of a casino; or
(e) a vehicle or part of a vehicle.
(3) Subsection (1) does not apply to--
(a) a person in a motor vehicle; or
(b) a person in an outdoor pedestrian mall prescribed under a regulation.
(4) It is a reasonable excuse for subsection (1) that the person was not remaining at or near the entrance but was merely passing the entrance.
(5) Subsection (1) applies to an entrance only while either of the following types of access to the enclosed place is available by the entrance--
(a) public access;
(b) the access usually available by the entrance to enable the place to be used in a way it is ordinarily used.
(6) In this section--
multi-unit residential accommodation means 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.