5AEnclosed workplaces: offence by smoker

5A Enclosed workplaces: offence by smoker

(1) A person must not smoke in an enclosed workplace.

(2) Subsection (1) does not apply to the following—

(a) residential premises, other than a part of residential premises being used for carrying on a business while one or more persons who do not reside at the premises are present in that part;

S. 5A(2)(b) repealed by No. 45/2005 s. 23(1).

S. 5A(2)(c) amended by No. 55/2016 s. 4(2)(a).

(c) an outdoor drinking area;

S. 5A(2)(d) substituted by No. 45/2005 s. 23(2), repealed by No. 42/2022 s. 65.

(e) a vehicle;

(f) a place of business occupied by the sole operator of the business that is not for the use of members of the public;

(g) a personal sleeping or living area of—

(i) premises providing accommodation to members of the public for a fee; or

(ii) a residential care facility;

S. 5A(2)(h) amended by Nos 26/2014 s. 455(Sch. item 30), 39/2022 s. 873.

(h) an area in a designated mental health service (within the meaning of the Mental Health and Wellbeing Act 2022) that is declared, or that is in a class of area that is declared, by the Secretary, by notice published in the Government Gazette, to be a smoking area;

S. 5A(2)(i) repealed by No. 45/2014 s. 7.

(j) a detention centre established for the purposes of the Migration Act 1958 of the Commonwealth.

(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(4) A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.

S. 5B inserted by No. 43/2000 s. 7(1), substituted by No. 45/2005 s. 5.