4Courtyards and gardens adjoining buildings

4 Courtyards and gardens adjoining buildings

4 Courtyards and gardens adjoining buildings

(1) In this clause:

applicable courtyard or garden means a courtyard or garden that:

(a) adjoins a building, and

(b) is substantially surrounded by a fixed fence, wall or other similar structure, and

(c) is set aside for persons using the adjoining building, and

(d) does not form part of any public thoroughfare that is generally used by pedestrians, other than persons using the adjoining building.

(2) For the purposes of section 6A (1) (l) of the Act, an outside area that is a public thoroughfare, footpath or street is prescribed as a smoke-free area if it is within 4 metres of an entrance to or exit from an applicable courtyard or garden.

(3) For the purposes of section 6A (4) of the Act, section 6A (1) (i) does not apply in respect of a pedestrian access point to a building if the pedestrian access point is an entrance to or exit from an applicable courtyard or garden that adjoins the building.