Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 5A

Enclosed workplaces: offence by smoker

5A. Enclosed workplaces: offence by smoker



(1) A person must not smoke in an enclosed workplace.

Penalty: 5 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 one or more persons who do not
        reside at the premises are present in that part;



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   (c)  an outdoor dining or drinking area;

   (d)  a declared smoking area of a casino;



   (e)  a vehicle;

   (f)  a place of business occupied by the sole operator of the business that
        is not for the use of members of the public;



   (g)  a personal sleeping or living area of-

   (i)  premises providing accommodation to members of the public for a fee;
        or

   (ii) a residential care facility;

   (h)  an area in an approved mental health service (within the meaning of
        the Mental Health Act 1986) that is declared, or that is in a class of
        area that is declared, by the Secretary, by notice published in the
        Government Gazette, to be a smoking area;

        (i)    a personal sleeping or living area, or an exercise yard, of a
               prison within the meaning of the Corrections Act 1986;

   (j)  a detention centre established for the purposes of the
        Migration Act 1958 of the Commonwealth.

(3) If an inspector believes on reasonable grounds that a person is
contravening subsection (1), the inspector, on producing his or her identity
card, may direct the person to cease the contravention.

(4) A person who is contravening subsection (1) must not, without reasonable
excuse, fail to comply with a direction by an inspector to cease the
contravention.

Penalty: 5 penalty units.