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TOBACCO ACT 1987 - SECT 5RH No smoking in vicinity of Victorian public premises

TOBACCO ACT 1987 - SECT 5RH

No smoking in vicinity of Victorian public premises

    (1)     A person must not smoke at or within 4 metres of any part of a pedestrian access point to Victorian public premises.

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 Victorian public premises by a road; or

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

S. 5RH(2)(d) amended by No. 55/2016 s. 4(6)(k).

        (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.

    (3)     If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's 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. 5RHA inserted by No. 65/2014 s. 8.