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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015
Queensland Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Replacement of pt 2, div 1A, hdg (Point of sale at a retail outlet). 6 5 Insertion of new s 13C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13C Supplier must not sell smoking products from temporary retail store. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 26Q (Definitions for pt 2B). . . . . . . . . . . . . . . . . 7 7 Amendment of s 26R (Person must not smoke in enclosed place) 7 8 Amendment of s 26S (No smoking sign) . . . . . . . . . . . . . . . . . . . 7 9 Insertion of new pt 2BB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2BB Smoke-free facilities Division 1 Application of part 26VF Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2 Major sports facilities 26VG Meaning of major sports facility . . . . . . . . . . . . . . . . . 8 26VH Person must not smoke at major sports facility . . . . . 8 26VI Person smoking must stop when directed . . . . . . . . . 9 26VJ Offence by occupier . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3 Major event facilities 26VK Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . 10 26VL Person must not smoke at major event facility . . . . . 10 26VM Person smoking must stop when directed . . . . . . . . . 11 26VN Offence by major event organiser. . . . . . . . . . . . . . . . 11 Division 4 Health facilities 26VO Person must not smoke at or near health facility . . . . 12
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 Contents 26VP Person smoking must stop when directed . . . . . . . . . 13 Division 5 School facilities 26VQ Person must not smoke at or near school facility . . . . 13 26VR Person smoking must stop when directed . . . . . . . . . 14 Division 6 Public swimming facilities 26VS Person must not smoke at public swimming facility . . 14 26VT Person smoking must stop when directed . . . . . . . . . 15 Division 7 Early childhood education and care facilities 26VU Person must not smoke at or near early childhood education and care facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 26VV Person smoking must stop when directed . . . . . . . . . 17 Division 8 Residential aged care facilities 26VW Person must not smoke at or near residential aged care facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26VX Person smoking must stop when directed . . . . . . . . . 18 10 Amendment of s 26W (Meaning of outdoor eating or drinking place) 18 11 Replacement of pt 2C, divs 2 and 2A . . . . . . . . . . . . . . . . . . . . . . 19 Division 2 Government precincts 26ZD Person must not smoke within government precinct . 19 26ZE Person smoking must stop when directed . . . . . . . . . 20 12 Amendment of s 26ZJ (Person must not smoke near an entrance to an enclosed place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 13 Insertion of new ss 26ZKA-26ZKE . . . . . . . . . . . . . . . . . . . . . . . 21 26ZKA Person must not smoke at outdoor pedestrian mall . . 21 26ZKB Person must not smoke at or near public transport waiting point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 26ZKC Person must not smoke at or near skate park . . . . . . 23 26ZKD Person must not smoke at or near under-age sporting event 23 26ZKE Person must not smoke at national park . . . . . . . . . . 25 14 Amendment of s 26ZL (Person smoking must stop when directed) 26 15 Omission of ss 26ZM-26ZP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 16 Replacement of pt 2C, div 4 (Prohibition on smoking at public transport waiting points and malls by local governments) . . . . . . . . . . . . . . 26 Division 4 Local government may prohibit smoking at other outdoor public places 26ZPA Local government may make local laws prohibiting smoking at other outdoor public places . . . . . . . . . . . . . . . . . . 26 Page 2
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 Contents 26ZPB Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 26ZPC State may require report from local government about local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 26ZPD Fines payable for contravention of local law payable to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 17 Amendment of s 26ZQA (Display of hookahs) . . . . . . . . . . . . . . . 28 18 Insertion of new pt 2E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Part 2E Administration of provisions by State and local governments 26ZU State and local governments administer particular provisions 28 26ZV Role of local government . . . . . . . . . . . . . . . . . . . . . . 29 26ZW State may require report from local government . . . . 29 26ZX Fines payable to local government . . . . . . . . . . . . . . . 29 19 Amendment of s 28 (Appointment). . . . . . . . . . . . . . . . . . . . . . . . 30 20 Amendment of s 40A (Power to direct person to stop smoking). . 30 21 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 31 Page 3
2015 A Bill for An Act to amend the Tobacco and Other Smoking Products Act 1998 for particular purposes
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 1] The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Tobacco and Other Smoking 3 Products (Smoke-free Places) Amendment Act 2015. 4 Clause 2 Commencement 5 This Act commences on a day to be fixed by proclamation. 6 Clause 3 Act amended 7 This Act amends the Tobacco and Other Smoking Products 8 Act 1998. 9 Clause 4 Replacement of pt 2, div 1A, hdg (Point of sale at a retail 10 outlet) 11 Part 2, division 1A, heading-- 12 omit, insert-- 13 Division 1A Particular restrictions on 14 sales by suppliers 15 Clause 5 Insertion of new s 13C 16 Part 2, division 1A-- 17 insert-- 18 13C Supplier must not sell smoking products from 19 temporary retail store 20 (1) A supplier must not sell smoking products from a 21 temporary retail store. 22 Maximum penalty--140 penalty units. 23 (2) In this section-- 24 Page 6
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 6] temporary retail store means-- 1 (a) a temporary structure, regardless of whether 2 any part of the structure is permanent; or 3 Examples of temporary structures-- 4 a booth, tent, market stall or stand 5 (b) a vehicle or mobile structure, including a 6 trailer, caravan or other similar thing 7 designed or modified to be easily attached to 8 a vehicle for transportation. 9 Clause 6 Amendment of s 26Q (Definitions for pt 2B) 10 Section 26Q, definition licensed premises, paragraph (b), ', section 11 97'-- 12 omit. 13 Clause 7 Amendment of s 26R (Person must not smoke in 14 enclosed place) 15 (1) Section 26R(4), definition multi-unit residential 16 accommodation, 'hotel accommodation, motels, hostels, 17 boarding houses, nursing homes'-- 18 omit, insert-- 19 hotels, motels, hostels, boarding houses 20 (2) Section 26R(4), definition residential premises-- 21 omit, insert-- 22 residential premises does not include multi-unit 23 residential accommodation. 24 Clause 8 Amendment of s 26S (No smoking sign) 25 (1) Section 26S(1), 'licensed premises.'-- 26 omit, insert-- 27 any of the following premises-- 28 Page 7
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] (a) premises to which a commercial hotel 1 licence or community club licence under the 2 Liquor Act 1992 applies; 3 (b) premises, to which a commercial special 4 facility licence under the Liquor Act 1992 5 applies, that contain all or part of a casino. 6 (2) Section 26S(2), 'licensed'-- 7 omit. 8 Clause 9 Insertion of new pt 2BB 9 After section 26VE-- 10 insert-- 11 Part 2BB Smoke-free facilities 12 Division 1 Application of part 13 26VF Application of part 14 This part does not apply to an enclosed place, 15 other than an enclosed place that is a vehicle or 16 part of a vehicle. 17 Division 2 Major sports facilities 18 26VG Meaning of major sports facility 19 A major sports facility is a facility declared to be 20 a major sports facility under the Major Sports 21 Facilities Act 2001. 22 26VH Person must not smoke at major sports 23 facility 24 (1) A person must not smoke at a major sports 25 facility. 26 Maximum penalty--20 penalty units. 27 Page 8
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] (2) Subsection (1) does not apply to the following 1 areas of a major sports facility-- 2 (a) a road or carpark; 3 (b) a picnic area or area of parkland. 4 26VI Person smoking must stop when directed 5 A person contravening section 26VH(1) must 6 comply with a direction to stop the contravention 7 by-- 8 (a) an authorised person; or 9 (b) an occupier of the major sports facility, or 10 the part of the facility, where the 11 contravention is happening, or an employee 12 or agent of the occupier. 13 Maximum penalty--20 penalty units. 14 26VJ Offence by occupier 15 (1) If a person contravenes section 26VH(1), the 16 occupier of the major sports facility, or of the part 17 of the facility, where the contravention happened, 18 commits an offence. 19 Maximum penalty--140 penalty units. 20 (2) However, it is a defence for the occupier to 21 prove-- 22 (a) the occupier was not aware, and could not 23 have reasonably been expected to be aware, 24 that the contravention was happening; or 25 (b) the occupier, or an employee or agent of the 26 occupier-- 27 (i) directed the person to stop smoking; 28 and 29 Page 9
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] (ii) told the person it was an offence not to 1 comply with a direction to stop 2 smoking. 3 Division 3 Major event facilities 4 26VK Definitions for division 5 In this division-- 6 major event facility means the major event area 7 prescribed by regulation for a major event under 8 the Major Events Act 2014, for the period the 9 area is a major event area under that Act. 10 major event organiser has the meaning given in 11 the Major Events Act 2014. 12 26VL Person must not smoke at major event 13 facility 14 (1) A person must not smoke at a major event 15 facility. 16 Maximum penalty--20 penalty units. 17 (2) Subsection (1) does not apply if the person-- 18 (a) is in a nominated outdoor smoking place; 19 and 20 (b) is not consuming food or drink. 21 (3) In this section-- 22 nominated outdoor smoking place means a 23 clearly designated part, or parts, of an outdoor 24 area of a major event facility-- 25 (a) where smoking is not otherwise prohibited 26 under this Act; and 27 (b) established by the major event organiser as 28 an area where-- 29 (i) smoking is permitted; and 30 Page 10
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] (ii) food or drink is not to be consumed. 1 Example for paragraph (a)-- 2 Smoking is prohibited within 10m of children's 3 playground equipment. 4 26VM Person smoking must stop when directed 5 A person contravening section 26VL(1) must 6 comply with a direction to stop the contravention 7 by-- 8 (a) an authorised person; or 9 (b) the major event organiser for the major 10 event facility, or the part of the facility, 11 where the contravention is happening, or an 12 employee or agent of the major event 13 organiser. 14 Maximum penalty--20 penalty units. 15 26VN Offence by major event organiser 16 (1) If a person contravenes section 26VL(1), the 17 major event organiser of the major event facility, 18 or the part of the facility, where the contravention 19 happened, commits an offence. 20 Maximum penalty--140 penalty units. 21 (2) However, it is a defence for the major event 22 organiser to prove-- 23 (a) the major event organiser was not aware, 24 and could not have reasonably been 25 expected to be aware, that the contravention 26 was happening; or 27 (b) the major event organiser, or an employee or 28 agent of the major event organiser-- 29 (i) directed the person to stop smoking; 30 and 31 Page 11
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] (ii) told the person it was an offence not to 1 comply with a direction to stop 2 smoking. 3 Division 4 Health facilities 4 26VO Person must not smoke at or near health 5 facility 6 (1) A person must not smoke at a health facility. 7 Maximum penalty--20 penalty units. 8 (2) A person must not smoke on land within 5m 9 beyond the boundary of a health facility (the 10 buffer zone). 11 Maximum penalty--20 penalty units. 12 (3) Subsection (2) does not apply to a person-- 13 (a) in the buffer zone at residential premises or 14 on land on which residential premises may 15 lawfully be built; or 16 (b) in the buffer zone at business premises; or 17 (c) travelling through the buffer zone in a motor 18 vehicle. 19 (4) In this section-- 20 health facility means-- 21 (a) land on which a private health facility is 22 situated; or 23 (b) land on which a Service provides a health 24 service. 25 health service means a service for maintaining, 26 improving, restoring or managing people's health 27 and wellbeing, but does not include a service 28 provided at a residential aged care facility. 29 private health facility see the Private Health 30 Facilities Act 1999, section 8. 31 Page 12
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] residential aged care facility see section 1 26VW(5). 2 26VP Person smoking must stop when directed 3 A person contravening section 26VO(1) or (2) 4 must comply with a direction to stop the 5 contravention by an authorised person. 6 Maximum penalty--20 penalty units. 7 Division 5 School facilities 8 26VQ Person must not smoke at or near school 9 facility 10 (1) A person must not smoke at a school facility. 11 Maximum penalty--20 penalty units. 12 (2) A person must not smoke on land within 5m 13 beyond the boundary of a school facility (the 14 buffer zone). 15 Maximum penalty--20 penalty units. 16 (3) Subsection (2) does not apply to a person-- 17 (a) in the buffer zone at residential premises or 18 on land on which residential premises may 19 lawfully be built; or 20 (b) in the buffer zone at business premises; or 21 (c) travelling through the buffer zone in a motor 22 vehicle. 23 (4) In this section-- 24 non-State school means an accredited school or a 25 provisionally accredited school under the 26 Education (Accreditation of Non-State Schools) 27 Act 2001. 28 school facility means land on which-- 29 Page 13
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] (a) a State school provides an educational 1 program under the Education (General 2 Provisions) Act 2006; or 3 (b) a non-State school provides primary 4 education, secondary education or special 5 education under the Education 6 (Accreditation of Non-State Schools) Act 7 2001; or 8 (c) a State school or non-State school provides 9 other educational instruction or activities. 10 State school means a state educational institution 11 within the meaning of the Education (General 12 Provisions) Act 2006, schedule 4. 13 26VR Person smoking must stop when directed 14 A person contravening section 26VQ(1) or (2) 15 must comply with a direction to stop the 16 contravention by an authorised person. 17 Maximum penalty--20 penalty units. 18 Division 6 Public swimming facilities 19 26VS Person must not smoke at public swimming 20 facility 21 (1) A person must not smoke at a public swimming 22 facility. 23 Maximum penalty--20 penalty units. 24 (2) In this section-- 25 associated area, for a swimming pool, means any 26 of the following-- 27 (a) an area rising from within the pool or a 28 platform over the pool; 29 (b) an area providing access to the pool; 30 Page 14
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] (c) an area adjacent to the pool provided for 1 persons to observe swimmers in the pool, 2 change their clothing or sunbathe; 3 (d) diving boards and water slides for the pool; 4 (e) a kiosk and seating area adjacent to the pool; 5 (f) if the area surrounding the pool is enclosed 6 by a fence or wall--the entire area enclosed 7 by the fence or wall. 8 public swimming facility-- 9 (a) means a swimming pool that is owned or 10 operated by a local government and is open 11 to the public for swimming, whether or not 12 on payment of money; and 13 (b) includes the associated area for the 14 swimming pool. 15 26VT Person smoking must stop when directed 16 A person contravening section 26VS(1) must 17 comply with a direction to stop the contravention 18 by an authorised person. 19 Maximum penalty--20 penalty units. 20 Division 7 Early childhood education 21 and care facilities 22 26VU Person must not smoke at or near early 23 childhood education and care facility 24 (1) A person must not smoke at an early childhood 25 education and care facility. 26 Maximum penalty--20 penalty units. 27 (2) A person must not smoke on land within 5m 28 beyond the boundary of an early childhood 29 education and care facility (the buffer zone). 30 Page 15
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] Maximum penalty--20 penalty units. 1 (3) Subsections (1) and (2) do not apply to a person 2 at an early childhood education and care facility 3 if-- 4 (a) the facility is also residential premises; and 5 (b) at the relevant time, the facility is not being 6 used to provide an early childhood 7 education and care service. 8 (4) Subsection (2) does not apply to a person-- 9 (a) in the buffer zone at residential premises or 10 on land on which residential premises may 11 lawfully be built; or 12 (b) in the buffer zone at business premises; or 13 (c) travelling through the buffer zone in a motor 14 vehicle. 15 (5) For an early childhood education and care facility 16 that is also residential premises, it is a defence to 17 subsection (1) or (2) for a person to prove that the 18 person was not aware, and could not have 19 reasonably been expected to be aware, that the 20 premises were an early childhood education and 21 care facility. 22 (6) In this section-- 23 early childhood education and care facility 24 means land on which an early childhood 25 education and care service is provided. 26 early childhood education and care service 27 means-- 28 (a) a Queensland approved education and care 29 service under the Education and Care 30 Services Act 2013; or 31 (b) an approved education and care service 32 under the Education and Care Services 33 National Law (Queensland) Act 2011. 34 Page 16
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 9] 26VV Person smoking must stop when directed 1 A person contravening section 26VU(1) or (2) 2 must comply with a direction to stop the 3 contravention by an authorised person. 4 Maximum penalty--20 penalty units. 5 Division 8 Residential aged care 6 facilities 7 26VW Person must not smoke at or near 8 residential aged care facility 9 (1) A person must not smoke at a residential aged 10 care facility. 11 Maximum penalty--20 penalty units. 12 (2) A person must not smoke on land within 5m 13 beyond the boundary of a residential aged care 14 facility (the buffer zone). 15 Maximum penalty--20 penalty units. 16 (3) Subsection (1) does not apply to a person within 17 a nominated outdoor smoking place. 18 (4) Subsection (2) does not apply to a person-- 19 (a) in the buffer zone at residential premises or 20 on land on which residential premises may 21 lawfully be built; or 22 (b) in the buffer zone at business premises; or 23 (c) travelling through the buffer zone in a motor 24 vehicle. 25 (5) In this section-- 26 home-based aged care means residential 27 premises where aged care is provided to a person. 28 Page 17
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 10] nominated outdoor smoking place means a 1 clearly designated part, or parts, of an outdoor 2 area of a residential aged care facility-- 3 (a) where smoking is not otherwise prohibited 4 under this Act; and 5 (b) established by the occupier of the facility as 6 an area where smoking is permitted. 7 Example for paragraph (a)-- 8 Smoking is prohibited within 10m of children's 9 playground equipment. 10 residential aged care facility-- 11 (a) means land on which a facility used to 12 provide aged care is situated; but 13 (b) does not include-- 14 (i) a retirement village; or 15 (ii) home-based aged care. 16 retirement village means premises where older 17 members of the community or retired persons 18 reside, or are to reside, in independent living 19 units or serviced units. 20 26VX Person smoking must stop when directed 21 A person contravening section 26VW(1) or (2) 22 must comply with a direction to stop the 23 contravention by an authorised person. 24 Maximum penalty--20 penalty units. 25 Clause 10 Amendment of s 26W (Meaning of outdoor eating or 26 drinking place) 27 (1) Section 26W-- 28 insert-- 29 Page 18
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 11] (4A) For subsection (4), a place can not be designated 1 if smoking at the place is otherwise prohibited 2 under this Act. 3 Example of a place-- 4 a place within 5m of an entrance to an enclosed place 5 where smoking is prohibited under section 26ZJ 6 (2) Section 26W(5)-- 7 insert-- 8 multi-unit residential accommodation means 9 hotels, motels, hostels, boarding houses, 10 residential accommodation comprising lots in a 11 community titles scheme and other similar 12 accommodation. 13 (3) Section 26W(5), definition residential premises-- 14 omit, insert-- 15 residential premises does not include multi-unit 16 residential accommodation. 17 Clause 11 Replacement of pt 2C, divs 2 and 2A 18 Part 2C, divisions 2 and 2A-- 19 omit, insert-- 20 Division 2 Government precincts 21 26ZD Person must not smoke within government 22 precinct 23 (1) A person must not smoke within a government 24 precinct. 25 Maximum penalty--20 penalty units. 26 (2) In this section-- 27 government precinct means land-- 28 (a) adjoining a building occupied by-- 29 (i) the State; or 30 Page 19
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 12] (ii) the Legislative Assembly; or 1 (iii) a court or tribunal; or 2 (iv) an entity that represents the State; or 3 (v) another entity established by an Act; 4 and 5 (b) prescribed by regulation. 6 26ZE Person smoking must stop when directed 7 A person contravening section 26ZD(1) must 8 comply with a direction to stop the contravention 9 by an authorised person. 10 Maximum penalty--20 penalty units. 11 Clause 12 Amendment of s 26ZJ (Person must not smoke near an 12 entrance to an enclosed place) 13 (1) Section 26ZJ(1), '4m'-- 14 omit, insert-- 15 5m 16 (2) Section 26ZJ(3)-- 17 omit, insert-- 18 (3) Subsection (1) does not apply to a person in a 19 motor vehicle passing the entrance. 20 (3) Section 26ZJ(6), definition multi-unit residential 21 accommodation, 'nursing homes,'-- 22 omit. 23 (4) Section 26ZJ(6), definition residential premises-- 24 omit, insert-- 25 residential premises does not include multi-unit 26 residential accommodation. 27 Page 20
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 13] Clause 13 Insertion of new ss 26ZKA-26ZKE 1 After section 26ZK-- 2 insert-- 3 26ZKA Person must not smoke at outdoor 4 pedestrian mall 5 (1) A person must not smoke at an outdoor 6 pedestrian mall. 7 Maximum penalty--20 penalty units. 8 (2) In this section-- 9 outdoor pedestrian mall means each of the 10 following-- 11 (a) a mall established under the City of 12 Brisbane Act 2010, section 88; 13 (b) a mall established under the Local 14 Government Act 2009, section 80A; 15 (c) a mall continued as a mall under the City of 16 Brisbane Act 2010, section 258. 17 26ZKB Person must not smoke at or near public 18 transport waiting point 19 (1) A person must not smoke at a public transport 20 waiting point. 21 Maximum penalty--20 penalty units. 22 (2) A person must not smoke on land within 5m 23 beyond a public transport waiting point (the 24 buffer zone), unless the person has a reasonable 25 excuse. 26 Maximum penalty--20 penalty units. 27 (3) For subsection (2), a person outside the buffer 28 zone is taken to be within the buffer zone if the 29 person is in a queue that starts at the public 30 transport waiting point or in the buffer zone. 31 Page 21
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 13] (4) Subsections (1) and (2) do not apply to a person 1 at a place where smoking is prohibited under the 2 Transport Infrastructure (Rail) Regulation 2006 3 or the Transport Operations (Passenger 4 Transport) Regulation 2005. 5 (5) Subsection (2) does not apply to a person-- 6 (a) in the buffer zone at residential premises or 7 on land on which residential premises may 8 lawfully be built; or 9 (b) in the buffer zone at business premises; or 10 (c) travelling through the buffer zone in a motor 11 vehicle. 12 (6) It is a reasonable excuse for subsection (2) that 13 the person was not remaining in the buffer zone 14 but was merely passing through the buffer zone. 15 (7) In this section-- 16 public passenger vehicle means any of the 17 following, as defined in the Transport Operations 18 (Passenger Transport) Act 1994, used to 19 transport members of the public-- 20 (a) a fixed track vehicle; 21 (b) a bus; 22 (c) a ferry; 23 (d) a taxi; 24 (e) a limousine. 25 public transport waiting point means any of the 26 following-- 27 (a) a sign indicating that it is a drop-off or 28 collection point for a public passenger 29 vehicle; 30 (b) shelter or seating provided for persons 31 waiting at a drop-off or collection point for a 32 public passenger vehicle; 33 Page 22
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 13] (c) a terminal, jetty, pontoon, platform or 1 landing for the arrival and departure of a 2 public passenger vehicle. 3 26ZKC Person must not smoke at or near skate 4 park 5 (1) A person must not smoke within 10m of any part 6 of a skate park. 7 Maximum penalty--20 penalty units. 8 (2) Subsection (1) does not apply to a person-- 9 (a) at residential premises or on land on which 10 residential premises may lawfully be built; 11 or 12 (b) at business premises; or 13 (c) travelling in a motor vehicle. 14 (3) In this section-- 15 skate park-- 16 (a) means a part of a public place constructed 17 for the purpose of riding or skating any of 18 the following around or over obstacles, 19 jumps and uneven surfaces-- 20 (i) bicycles; 21 (ii) rollerblades or rollerskates; 22 (iii) skateboards; 23 (iv) scooters; but 24 (b) does not include a bicycle path, a footpath or 25 a path shared by cyclists and pedestrians. 26 26ZKD Person must not smoke at or near 27 under-age sporting event 28 (1) A person must not smoke at a sporting ground or 29 the viewing area for a water sport during-- 30 Page 23
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 13] (a) an organised under-age sporting event; or 1 (b) a training or practice session to prepare for 2 an organised under-age sporting event; or 3 (c) any break or interval during the organised 4 under-age sporting event or the training or 5 practice session. 6 Maximum penalty--20 penalty units. 7 (2) A person must not smoke on land within 10m 8 beyond the boundary of a sporting ground or the 9 viewing area for a water sport (the buffer zone) 10 during a period smoking is prohibited under 11 subsection (1). 12 Maximum penalty--20 penalty units. 13 (3) Subsection (2) does not apply to a person-- 14 (a) in the buffer zone at residential premises or 15 on land on which residential premises may 16 lawfully be built; or 17 (b) in the buffer zone at business premises; or 18 (c) travelling through the buffer zone in a motor 19 vehicle. 20 (4) In this section-- 21 organised under-age sporting event means a 22 sporting event-- 23 (a) organised in advance; and 24 (b) organised or intended for, or predominately 25 participated in by, persons under 18; and 26 (c) conducted by a professional or amateur 27 sporting body or educational institution 28 according to established rules. 29 skate park see section 26ZKC(3). 30 sporting ground-- 31 (a) means 1 or more of the following places 32 (each a playing area)-- 33 Page 24
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 13] (i) a court, field or oval marked for use to 1 play 1 or more sports; 2 Examples-- 3 a soccer field, a cricket oval, a tennis or 4 basketball court 5 (ii) a running track; 6 (iii) a racing track for bicycles; 7 (iv) a textured surface used for athletics; 8 and 9 (b) includes-- 10 (i) any area, seating or other structure 11 provided for persons to observe players 12 and competitors at the playing area; 13 and 14 (ii) any area reserved for players, 15 competitors, umpires or other officials 16 for a game being played at the playing 17 area; and 18 (iii) any waiting or warm-up area for 19 players or competitors waiting to enter 20 the playing area; but 21 (c) does not include a bicycle path, a skate park, 22 a path shared by cyclists and pedestrians or 23 a horse racing track. 24 viewing area, for a water sport, means the area 25 set aside for viewing the water sport. 26 26ZKE Person must not smoke at national park 27 (1) A person must not smoke at a national park, or 28 part of a national park, prescribed by regulation. 29 Maximum penalty--20 penalty units. 30 (2) Before recommending the making of a regulation 31 under subsection (1), the Minister must obtain 32 written consent to its making from the Minister 33 Page 25
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 14] responsible for the management of national 1 parks. 2 (3) In this section-- 3 national park means a national park under the 4 Nature Conservation Act 1992. 5 Clause 14 Amendment of s 26ZL (Person smoking must stop when 6 directed) 7 Section 26ZL, '26ZJ(1) or 26ZK(1)'-- 8 omit, insert-- 9 26ZJ(1), 26ZK(1), 26ZKA(1), 26ZKB(1) or (2), 10 26ZKC(1), 26ZKD(1) or (2) or 26ZKE(1) 11 Clause 15 Omission of ss 26ZM-26ZP 12 Sections 26ZM to 26ZP-- 13 omit. 14 Clause 16 Replacement of pt 2C, div 4 (Prohibition on smoking at 15 public transport waiting points and malls by local 16 governments) 17 Part 2C, division 4-- 18 omit, insert-- 19 Division 4 Local government may 20 prohibit smoking at other 21 outdoor public places 22 26ZPA Local government may make local laws 23 prohibiting smoking at other outdoor public 24 places 25 (1) Subsection (2) applies if this Act does not 26 regulate smoking at an outdoor public place. 27 (2) A local government may make a local law, 28 including a subordinate local law, prohibiting 29 Page 26
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 16] smoking at the place if the place is in the local 1 government's local government area. 2 (3) A local law made under subsection (2) must not 3 provide for a penalty of more than 20 penalty 4 units for a contravention of the law. 5 26ZPB Consultation 6 If-- 7 (a) a local government proposes to make a local 8 law under section 26ZPA; and 9 (b) the local law is not subject to consultation 10 requirements under the Local Government 11 Act 2009, section 29A or the City of 12 Brisbane Act 2010, section 31; 13 the local government must consult with the 14 department about the proposed local law before 15 making it. 16 26ZPC State may require report from local 17 government about local law 18 (1) This section applies to a local law made by a 19 local government under this division. 20 (2) The chief executive, by written notice, may ask a 21 local government to give the chief executive 22 information about the local government's 23 administration and enforcement of the local law. 24 (3) The local government must comply with the 25 request. 26 26ZPD Fines payable for contravention of local law 27 payable to local government 28 If-- 29 Page 27
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 17] (a) a proceeding for an offence is taken for a 1 contravention of a local law made by a local 2 government under this division; and 3 (b) a court imposes a fine for the offence; 4 the fine must be paid to the local government. 5 Clause 17 Amendment of s 26ZQA (Display of hookahs) 6 Section 26ZQA-- 7 insert-- 8 (2) For subsection (1), the display of a part of a 9 hookah is taken to be the display of a hookah. 10 Clause 18 Insertion of new pt 2E 11 After section 26ZT-- 12 insert-- 13 Part 2E Administration of 14 provisions by State and 15 local governments 16 26ZU State and local governments administer 17 particular provisions 18 (1) Both the State and local governments have a role 19 in administering the following provisions (the 20 relevant provisions)-- 21 (a) part 2BB, divisions 4 to 8; 22 (b) part 2C, division 3. 23 (2) However, nothing in the relevant provisions 24 imposes a duty on a local government to enforce 25 the relevant provisions. 26 Page 28
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 18] 26ZV Role of local government 1 In exercising its jurisdiction of local government 2 in enforcing the relevant provisions, the local 3 government has its executive role-- 4 (a) to administer and enforce the relevant 5 provisions in the local government's local 6 government area; and 7 (b) for a patrolled beach area of a patrolled 8 beach or a prescribed outdoor swimming 9 area--to administer and enforce part 2C, 10 division 3 for the area whether it is adjacent 11 to or within the local government's local 12 government area. 13 26ZW State may require report from local 14 government 15 (1) This section applies to a matter under the relevant 16 provisions administered and enforced by local 17 governments. 18 (2) The chief executive, by written notice, may ask a 19 local government to give the chief executive 20 information about the local government's 21 administration and enforcement of the matter. 22 (3) The local government must comply with the 23 request. 24 26ZX Fines payable to local government 25 If-- 26 (a) a proceeding for an offence is taken for a 27 matter under the relevant provisions by a 28 local government; and 29 (b) a court imposes a fine for the offence; 30 the fine must be paid to the local government. 31 Page 29
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 19] Clause 19 Amendment of s 28 (Appointment) 1 Section 28(5) and (6)-- 2 omit, insert-- 3 (5) The functions of a health service authorised 4 person are to investigate, monitor and enforce 5 compliance with the following provisions in 6 relation to a relevant facility-- 7 (a) section 26VO(1) and (2); 8 (b) section 26VP; 9 (c) section 26VW(1) and (2); 10 (d) section 26VX. 11 (6) In this section-- 12 relevant facility, for a health service authorised 13 person, means a facility at which a service is 14 provided by the Service managed by the health 15 service chief executive who appointed the 16 authorised person. 17 Clause 20 Amendment of s 40A (Power to direct person to stop 18 smoking) 19 (1) Section 40A(1)-- 20 omit, insert-- 21 (1) This section applies if an authorised person finds 22 a person contravening a relevant provision. 23 (2) Section 40A-- 24 insert-- 25 (4) In this section-- 26 relevant provision means section 26R(1), 27 26VH(1), 26VL(1), 26VO(1) or (2), 26VQ(1) or 28 (2), 26VS(1), 26VU(1) or (2), 26VW(1) or (2), 29 26X(1), 26ZD(1), 26ZH(1), 26ZI(1), 26ZJ(1), 30 26ZK(1), 26ZKA(1), 26ZKB(1) or (2), 31 26ZKC(1), 26ZKD(1) or (2) or 26ZKE(1). 32 Page 30
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 21] Clause 21 Amendment of schedule (Dictionary) 1 (1) Schedule, definitions business premises, health facility land, 2 health service, licensed premises (both occurrences), licensee 3 (both occurrences), major event facility, non-State school, 4 private health facility, residential premises, school land, 5 Service, smoke and State school-- 6 omit. 7 (2) Schedule-- 8 insert-- 9 business premises-- 10 (a) means premises used, or intended to be 11 used, for a commercial or industrial activity; 12 and 13 (b) includes land on which premises mentioned 14 in paragraph (a) may lawfully be built. 15 licensed premises-- 16 (a) for part 2B, see section 26Q; or 17 (b) otherwise--see the Liquor Act 1992, section 18 4. 19 licensee-- 20 (a) for part 2B, see section 26Q; or 21 (b) otherwise--see the Liquor Act 1992, section 22 4. 23 major event facility, for part 2BB, division 3, see 24 section 26VK. 25 major event organiser, for part 2BB, division 3, 26 see section 26VK. 27 major sports facility, for part 2BB, division 2, see 28 section 26VG. 29 relevant provisions, for part 2E, see section 30 26ZU(1). 31 Page 31
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 21] residential premises means premises used, or 1 intended to be used, as a place of residence or 2 mainly as a place of residence. 3 Service means a Hospital and Health Service 4 established under the Hospital and Health 5 Boards Act 2011, section 17. 6 smoke means-- 7 (a) for a smoking product other than a personal 8 vaporiser or a hookah--smoke, hold or 9 otherwise have control over an ignited 10 smoking product; or 11 (b) for a personal vaporiser--inhale through the 12 vaporiser; or 13 (c) for a hookah--inhale through the hookah. 14 (3) Schedule, definition hookah, paragraph (a)-- 15 omit, insert-- 16 (a) for smoking tobacco or another thing by the 17 drawing of smoke, fumes or vapour, 18 resulting from heating or burning the 19 tobacco or other thing in the device, through 20 water or another liquid in the device; and 21 (4) Schedule, definition motor vehicle, ', for part 2BA and part 22 2C, division 2A,' 23 omit. 24 (5) Schedule, definition road, ', for part 2BA and part 2C, 25 division 2A,' 26 omit. 27 (6) Schedule, definition road-related area, 'and part 2C, division 28 2A' 29 omit. 30 (7) Schedule, definition smoking product, paragraph (c)-- 31 omit, insert-- 32 (c) otherwise-- 33 Page 32
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015 [s 21] (i) except for a hookah--means a tobacco 1 product, herbal cigarette, loose 2 smoking blend or personal vaporiser; 3 or 4 (ii) for a hookah--means tobacco or 5 another thing that may be smoked in 6 the hookah. 7 © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 33
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