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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015
Queensland Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Tobacco and Other Smoking Products Act 1998 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of pt 2, div 1A, hdg (Point of sale at a retail outlet) . 4 4 Insertion of new ss 13C and 13D . . . . . . . . . . . . . . . . . . . . . . . . . 4 13C Supplier must not sell smoking products from vehicle 5 13D Supplier must not sell smoking products from pop-up store 5 5 Insertion of new pt 2C, div 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2B Government buildings 26ZGG Person must not smoke near particular government buildings 6 26ZGH No smoking signs at particular government buildings 7 6 Replacement of s 26ZI (Person must not smoke at a prescribed outdoor swimming area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 26ZI Person must not smoke at public swimming pool . . . . 7 7 Insertion of new ss 26ZKA-26ZKC . . . . . . . . . . . . . . . . . . . . . . . 8 26ZKA Person must not smoke at outdoor pedestrian mall . . 8 26ZKB Person must not smoke at public transport waiting point 9 26ZKC Person must not smoke at skate park . . . . . . . . . . . . 10 8 Amendment of s 26ZJ (Person must not smoke near an entrance to an enclosed place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Amendment of s 26ZL (Person smoking must stop when directed) 10 10 Amendment of s 26ZN (Role of local government) . . . . . . . . . . . 10
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Contents 11 Omission of pt 2C, div 4 (Prohibition on smoking at public transport waiting points and malls by local governments) . . . . . . . . . . . . . . 11 12 Amendment of s 40A (Power to direct person to stop smoking). . 11 13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 11 Part 3 Amendment of Tobacco and Other Smoking Products Regulation 2010 14 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Omission of pt 4 (Smoke-free outdoor places) . . . . . . . . . . . . . . . 12 16 Omission of schs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 3 Amendment of State Penalties Enforcement Regulation 2014 17 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Amendment of sch 1 (Infringement notice offences and fines for nominated laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Page 2
2015 A Bill for An Act to amend the Tobacco and Other Smoking Products Act 1998, the Tobacco and Other Smoking Products Regulation 2010 and the State Penalties Enforcement Regulation 2014 for particular purposes
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Tobacco and Other Smoking 4 Products (Extension of Smoking Bans) Amendment Act 2015. 5 Part 2 Amendment of Tobacco and 6 Other Smoking Products Act 7 1998 8 Clause 2 Act amended 9 This part amends the Tobacco and Other Smoking Products 10 Act 1998. 11 Clause 3 Amendment of pt 2, div 1A, hdg (Point of sale at a retail 12 outlet) 13 Part 2, division 1A, heading-- 14 omit, insert-- 15 Division 1A Particular restrictions on 16 sales by suppliers 17 Clause 4 Insertion of new ss 13C and 13D 18 Part 2, division 1A-- 19 insert-- 20 Page 4
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 2 Amendment of Tobacco and Other Smoking Products Act 1998 [s 5] 13C Supplier must not sell smoking products from 1 vehicle 2 (1) A supplier must not sell smoking products from a 3 vehicle. 4 Maximum penalty--40 penalty units. 5 (2) In this section-- 6 vehicle includes a trailer, caravan or other similar 7 thing designed or modified to be easily attached 8 to a vehicle for transportation. 9 13D Supplier must not sell smoking products from 10 pop-up store 11 (1) A supplier must not sell smoking products from a 12 pop-up store. 13 Maximum penalty--40 penalty units. 14 (2) In this section-- 15 pop-up store means-- 16 (a) a temporary stall or counter; or 17 (b) a retail outlet where smoking products are 18 available for sale only during a public event. 19 public event includes a concert, fete, festival, 20 show or sporting event. 21 Clause 5 Insertion of new pt 2C, div 2B 22 Part 2C-- 23 insert-- 24 Page 5
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 2 Amendment of Tobacco and Other Smoking Products Act 1998 [s 5] Division 2B Government buildings 1 26ZGG Person must not smoke near particular 2 government buildings 3 (1) A person must not smoke on land within 5m of a 4 government building that has both of the 5 following types of signage, on the outside of the 6 building, at or near a public entrance to the 7 building-- 8 (a) signage identifying the building as a 9 government building; 10 Examples for paragraph (a)-- 11 • A sign indicating a department is situated in the 12 building. 13 • The coat of arms of the State is prominently 14 displayed on the building. 15 (b) a no smoking sign. 16 Maximum penalty--20 penalty units. 17 (2) Subsection (1) does not apply to-- 18 (a) a person on land that is not a public place; or 19 (b) a person in a motor vehicle passing the 20 building. 21 (3) In this section-- 22 government building-- 23 (a) means-- 24 (i) a building in which the majority of 25 space is leased or occupied by a 26 department or part of a department; or 27 (ii) a building in which a court or tribunal 28 is situated; or 29 (iii) a building in which the Legislative 30 Assembly is situated; or 31 Page 6
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 2 Amendment of Tobacco and Other Smoking Products Act 1998 [s 6] (iv) a building, prescribed by regulation, in 1 which a public sector unit is situated; 2 but 3 (b) does not include a building on health facility 4 land or school land. 5 health facility land see section 26ZGB. 6 no smoking sign means a sign indicating that 7 smoking is not permitted. 8 school land see section 26ZGB. 9 26ZGH No smoking signs at particular government 10 buildings 11 (1) A public sector unit responsible for the 12 maintenance of a building to which section 13 26ZGG applies must ensure a no smoking sign is 14 displayed-- 15 (a) at each public entrance to the building; and 16 (b) at a place on each side and floor of the 17 building that a member of the public may 18 walk past. 19 (2) In this section-- 20 no smoking sign means a sign indicating that 21 smoking is not permitted. 22 Clause 6 Replacement of s 26ZI (Person must not smoke at a 23 prescribed outdoor swimming area) 24 Section 26ZI-- 25 omit, insert-- 26 26ZI Person must not smoke at public swimming 27 pool 28 (1) A person must not smoke at a public swimming 29 pool or its associated area. 30 Page 7
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 2 Amendment of Tobacco and Other Smoking Products Act 1998 [s 7] Maximum penalty--20 penalty units. 1 (2) In this section-- 2 associated area, for a public swimming pool, 3 means any of the following-- 4 (a) an area rising from within the pool or a 5 platform over the pool; 6 (b) an area providing access to the water in the 7 pool; 8 (c) an area adjacent to the pool provided for 9 persons to observe swimmers in the pool; 10 (d) an area containing diving boards or water 11 slides for the pool; 12 (e) an artificial beach adjacent to the pool; 13 (f) if the area surrounding the pool is enclosed 14 by a fence or wall--the area enclosed by the 15 fence or wall. 16 public swimming pool means a pool or other 17 body of water that is open to the public for 18 swimming, whether or not on payment of money. 19 Clause 7 Insertion of new ss 26ZKA-26ZKC 20 Part 2C, division 3-- 21 insert-- 22 26ZKA Person must not smoke at outdoor 23 pedestrian mall 24 (1) A person must not smoke at an outdoor 25 pedestrian mall. 26 Maximum penalty--20 penalty units. 27 (2) In this section-- 28 outdoor pedestrian mall means each of the 29 following-- 30 Page 8
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 2 Amendment of Tobacco and Other Smoking Products Act 1998 [s 7] (a) a mall established under the City of 1 Brisbane Act 2010, section 88 or the Local 2 Government Act 2009, section 80A; 3 (b) the Chinatown Mall and Valley Mall 4 established under the repealed Local 5 Government (Chinatown and The Valley 6 Malls) Act 1984; 7 (c) the Queen Street Mall established under the 8 repealed Local Government (Queen Street 9 Mall) Act 1981. 10 26ZKB Person must not smoke at public transport 11 waiting point 12 (1) A person must not smoke at a public transport 13 waiting point. 14 Maximum penalty--20 penalty units. 15 (2) In this section-- 16 ferry service see the Transport Operations 17 (Passenger Transport) Act 1994, schedule 3. 18 public passenger service see the Transport 19 Operations (Passenger Transport) Act 1994, 20 schedule 3. 21 public transport waiting point means any of the 22 following-- 23 (a) a transit terminal for public passenger 24 services; 25 (b) a ferry terminal, jetty, pontoon or landing 26 for ferry services; 27 (c) a bus stop, bus shelter, bus station or bus 28 lay-by; 29 (d) a taxi rank, limousine rank or limousine 30 standing area. 31 Page 9
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 2 Amendment of Tobacco and Other Smoking Products Act 1998 [s 8] 26ZKC Person must not smoke at skate park 1 (1) A person must not smoke at a skate park. 2 Maximum penalty--20 penalty units. 3 (2) A person must not smoke on land within 5m of a 4 skate park. 5 Maximum penalty--20 penalty units. 6 (3) Subsection (2) does not apply to-- 7 (a) a person on land that is not a public place; or 8 (b) a person in a motor vehicle passing the skate 9 park. 10 (4) In this section-- 11 skate park means a part of a public place 12 constructed for the purpose of riding a skateboard 13 around or over obstacles and uneven surfaces. 14 Clause 8 Amendment of s 26ZJ (Person must not smoke near an 15 entrance to an enclosed place) 16 Section 26ZJ(3)-- 17 omit, insert-- 18 (3) Subsection (1) does not apply to a person in a 19 motor vehicle. 20 Clause 9 Amendment of s 26ZL (Person smoking must stop when 21 directed) 22 Section 26ZL, '26ZJ(1) or 26ZK(1)'-- 23 omit, insert-- 24 26ZJ(1), 26ZK(1), 26ZKA(1), 26ZKB(1) or 25 26ZKC(1) or (2) 26 Clause 10 Amendment of s 26ZN (Role of local government) 27 (1) Section 26ZN, 'prescribed outdoor swimming area'-- 28 Page 10
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 2 Amendment of Tobacco and Other Smoking Products Act 1998 [s 11] omit, insert-- 1 public swimming pool 2 (2) Section 26ZN-- 3 insert-- 4 (2) In this section-- 5 public swimming pool see section 26ZI(2). 6 Clause 11 Omission of pt 2C, div 4 (Prohibition on smoking at 7 public transport waiting points and malls by local 8 governments) 9 Part 2C, division 4-- 10 omit. 11 Clause 12 Amendment of s 40A (Power to direct person to stop 12 smoking) 13 Section 40A(1), '26ZJ(1) or 26ZK(1)'-- 14 omit, insert-- 15 26ZJ(1), 26ZK(1), 26ZKA(1), 26ZKB(1) or 16 26ZKC(1) or (2) 17 Clause 13 Amendment of schedule (Dictionary) 18 Schedule, definition prescribed outdoor swimming area-- 19 omit. 20 Page 11
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 3 Amendment of Tobacco and Other Smoking Products Regulation 2010 [s 14] Part 3 Amendment of Tobacco and 1 Other Smoking Products 2 Regulation 2010 3 Clause 14 Regulation amended 4 This part amends the Tobacco and Other Smoking Products 5 Regulation 2010. 6 Clause 15 Omission of pt 4 (Smoke-free outdoor places) 7 Part 4-- 8 omit. 9 Clause 16 Omission of schs 1 and 2 10 Schedules 1 and 2-- 11 omit. 12 Part 3 Amendment of State Penalties 13 Enforcement Regulation 2014 14 Clause 17 Regulation amended 15 This part amends the State Penalties Enforcement Regulation 16 2014. 17 Clause 18 Amendment of sch 1 (Infringement notice offences and 18 fines for nominated laws) 19 (1) Schedule 1, entry for the Tobacco and Other Smoking 20 Products Act 1998-- 21 Page 12
Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015 Part 3 Amendment of State Penalties Enforcement Regulation 2014 [s 18] insert-- 1 s 13C(1) ................................. 4 s 13D(1) ................................. 4 s 26ZGG(1) ................................. 2 s 26ZKA(1) ................................. 2 s 26ZKB(1) ................................. 2 s 26ZKC(1) ................................. 2 s 26ZKC(2) ................................. 2 (2) Schedule 1, entry for the Tobacco and Other Smoking 2 Products Act 1998, authorised person provision, paragraph 3 (a), '26ZJ(1), 26ZK(1)'-- 4 omit, insert-- 5 26ZJ(1), 26ZK(1), 26ZKA(1), 26ZKB(1), 26ZKC(1) 6 or (2) 7 (3) Schedule 1, entry for the Tobacco and Other Smoking 8 Products Act 1998, authorised person provision, paragraph 9 (e), '26ZGD(2)'-- 10 omit, insert-- 11 26ZGD(2) or 26ZGG(1) 12 Authorised by the Parliamentary Counsel Page 13
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