24Smoking

24 Smoking

(1) A person commits an offence if the person: (a) is on Gallery land or in a Gallery building; and (b) smokes.

Penalty: 5 penalty units.

(2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour. (3) In this instrument:

e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.

Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.

non‑tobacco smoking product means:

(a) any product (other than a tobacco product) that is intended to be smoked; or
(b) any product known or described as herbal cigarettes.

tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.