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TOBACCO ACT 1987 - SECT 5RA No smoking at patrolled beaches

TOBACCO ACT 1987 - SECT 5RA

No smoking at patrolled beaches

    (1)     A person must not smoke within an area (on public land or in the sea) that is—

        (a)     between red and yellow flags temporarily erected on behalf of Surf Life Saving Victoria or its affiliated surf life saving clubs marking the boundaries for safe swimming; or

        (b)     within a 50 metre radius of a red and yellow flag referred to in paragraph (a).

Penalty:     5 penalty units.

    (2)     Subsection (1) does not apply in an area beyond—

        (a)     the landward edge of a beach's sanded area if the beach is adjacent to the coast or a bay; or

        (b)     the water's edge or the landward edge of a beach's sanded area if the beach is adjacent to a river.

    (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 comply with a direction by an inspector to cease the contravention.

Penalty:     5 penalty units.

S. 5RB inserted by No. 71/2012 s. 3, substituted by No. 65/2014 s. 5.