TOBACCO ACT 1987 - SECT 5RB No smoking in outdoor area of education and care service premises or children's service premises or their vicinity
TOBACCO ACT 1987 - SECT 5RB
No smoking in outdoor area of education and care service premises or children's service premises or their vicinity(1) A person must not smoke in an area that is not enclosed and is within—
(a) education and care service premises while they are being used to provide an education and care service; or
(b) children's service premises while they are being used to provide a children's service.
Penalty: 5 penalty units.
(2) A person must not smoke at or within 4 metres of any part of a pedestrian access point to—
(a) education and care service premises while they are being used to provide an education and care service; or
(b) children's service premises while they are being used to provide a children's service.
Penalty: 5 penalty units.
(3) Subsection (2) does not apply to a person—
(a) in a motor vehicle, unless the motor vehicle is stationary; or
(b) in an area that is separated from premises referred to in that subsection by a road; or
(c) at residential premises or on land at which residential premises are built or may lawfully be built; or
S. 5RB(3)(d) amended by No. 55/2016 s. 4(6)(e).
(d) in an outdoor drinking area; or
(e) who is not remaining at or near the pedestrian access point but is merely passing by the pedestrian access point.
(4) If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (2), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.
(5) A person who is contravening subsection (1) or (2) must comply with a direction by an inspector to cease the contravention.
Penalty: 5 penalty units.
S. 5RBA inserted by No. 65/2014 s. 5.