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TOBACCO ACT 1987 - SECT 5RG No smoking at or in vicinity of outdoor skate park

TOBACCO ACT 1987 - SECT 5RG

No smoking at or in vicinity of outdoor skate park

    (1)     A person must not smoke at or within 10 metres of a skate park that is in an outdoor public place.

Penalty:     5 penalty units.

    (2)     Subsection (1) 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 the skate park by a road; or

        (c)     at residential premises or on land at which residential premises are built or may lawfully be built.

    (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. 5RG(5) amended by No. 55/2016 s. 4(6)(j).

    (5)     Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is at or within 10 metres of the skate park.

    (6)     In this section—

"skate park "means an area specifically designed and equipped with structures for rollerblading, rollerskating or skateboarding or the use of BMX or non-motorised scooters.

S. 5RH inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 8.