S. 5R(1) amended by Nos 45/2005 s. 25(d)(i), 49/2009 s. 18, 51/2024 s. 11(2).
(1) The occupier of enclosed licensed liquor premises is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).
S. 5R(2) amended by Nos 45/2005 s. 25(d)(ii), 51/2024 s. 11(2).
(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the enclosed licensed liquor premises or from within those premises.
S. 5RA inserted by No. 71/2012 s. 3.
5RA No smoking at patrolled beaches
(1) A person must not smoke within an area (on public land or in the sea) that is—
(a) between red and yellow flags temporarily erected on behalf of Surf Life Saving Victoria or its affiliated surf life saving clubs marking the boundaries for safe swimming; or
(b) within a 50 metre radius of a red and yellow flag referred to in paragraph (a).
(2) Subsection (1) does not apply in an area beyond—
(a) the landward edge of a beach's sanded area if the beach is adjacent to the coast or a bay; or
(b) the water's edge or the landward edge of a beach's sanded area if the beach is adjacent to a river.
(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.
S. 5RB inserted by No. 71/2012 s. 3, substituted by No. 65/2014 s. 5.
5RB No smoking in outdoor area of education and care service premises or children's service premises or their vicinity
(1) A person must not smoke in an area that is not enclosed and is within—
(a) education and care service premises while they are being used to provide an education and care service; or
(b) children's service premises while they are being used to provide a children's service.
(2) A person must not smoke at or within 4 metres of any part of a pedestrian access point to—
(a) education and care service premises while they are being used to provide an education and care service; or
(b) children's service premises while they are being used to provide a children's service.
(3) Subsection (2) does not apply to a person—
(b) in an area that is separated from premises referred to in that subsection by a road; or
S. 5RB(3)(d) amended by No. 55/2016 s. 4(6)(e).
(4) If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (2), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.
(5) A person who is contravening subsection (1) or (2) must comply with a direction by an inspector to cease the contravention.
S. 5RBA inserted by No. 65/2014 s. 5.
5RBA Vicinity of education and care service premises or children's service premises: no smoking signs
(1) The occupier of education and care service premises or children's service premises must display an acceptable no smoking sign in accordance with subsection (2).
(2) The sign must be displayed in such a prominent position at a pedestrian access point to education and care service premises or children's service premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.
S. 5RC inserted by No. 66/2013 s. 5.
5RC No smoking in outdoor area of public swimming pool complex
(1) A person must not smoke in an outdoor area of a swimming pool complex that is a public place.
(2) 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.
(3) A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.
S. 5RC(4) amended by No. 55/2016 s. 4(6)(f).
(4) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is within a swimming pool complex that is a public place.
(5) For the purposes of this section—
outdoor area, in relation to a swimming pool complex, means an area within the external perimeter of the complex that is not enclosed.
S. 5RD inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 6.
5RD No smoking in outdoor area of school premises or vicinity of school premises
(1) A person must not smoke in an area that is within school premises and is not enclosed.
(2) A person must not smoke at or within 4 metres of any part of a pedestrian access point to school premises.
(3) Subsection (2) does not apply to a person—
(b) in an area that is separated from school premises by a road; or
S. 5RD(3)(d) amended by No. 55/2016 s. 4(6)(g).
(4) If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (2), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.
(5) A person who is contravening subsection (1) or (2) must comply with a direction by an inspector to cease the contravention.
S. 5RDA inserted by No. 65/2014 s. 6.
5RDA Vicinity of school premises: no smoking signs
(1) The occupier of school premises must display an acceptable no smoking sign in accordance with subsection (2).
(2) The sign must be displayed in such a prominent position at a pedestrian access point to school premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.
S. 5RE inserted by No. 66/2013 s. 5.
5RE No smoking at or in vicinity of outdoor children's playground equipment
(1) A person must not smoke at or within 10 metres of children's playground equipment that is in an outdoor public place.
(b) in an area that is separated from the children's playground equipment by a road; or
(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.
S. 5RE(5) amended by No. 55/2016 s. 4(6)(h).
(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is within 10 metres of children's playground equipment.
S. 5RF inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 7.
5RF No smoking in vicinity of children's indoor play centre
(1) A person must not smoke at or within 4 metres of any part of a pedestrian access point to a children's indoor play centre.
(b) in an area that is separated from the children's indoor play centre by a road; or
S. 5RF(2)(d) amended by No. 55/2016 s. 4(6)(i).
(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.
S. 5RFA inserted by No. 65/2014 s. 7.
5RFA Vicinity of children's indoor play centre: no smoking signs
(1) The occupier of a children's indoor play centre must display an acceptable no smoking sign in accordance with subsection (2).
(2) The sign must be displayed in such a prominent position at a pedestrian access point to the children's indoor play centre as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.
S. 5RG inserted by No. 66/2013 s. 5.
5RG No smoking at or in vicinity of outdoor skate park
(1) A person must not smoke at or within 10 metres of a skate park that is in an outdoor public place.
(b) in an area that is separated from the skate park by a road; or
(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.
S. 5RG(5) amended by No. 55/2016 s. 4(6)(j).
(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is at or within 10 metres of the skate park.
skate park means an area specifically designed and equipped with structures for rollerblading, rollerskating or skateboarding or the use of BMX or non-motorised scooters.
S. 5RH inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 8.
5RH No smoking in vicinity of Victorian public premises
(1) A person must not smoke at or within 4 metres of any part of a pedestrian access point to Victorian public premises.
(b) in an area that is separated from Victorian public premises by a road; or
S. 5RH(2)(d) amended by No. 55/2016 s. 4(6)(k).
(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.
S. 5RHA inserted by No. 65/2014 s. 8.
5RHA Vicinity of Victorian public premises—no smoking signs
(1) The occupier of Victorian public premises must display an acceptable no smoking sign in accordance with subsection (2).
(2) The sign must be displayed in such a prominent position at a pedestrian access point to the premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.
S. 5RI inserted by No. 66/2013 s. 5.
5RI No smoking at or in vicinity of outdoor sporting venue
(1) A person must not smoke at or within 10 metres of a sporting venue that is an outdoor public place during—
(a) an organised underage sporting event; or
(b) a training or practice session to prepare for participation in an organised underage sporting event; or
(c) any break or interval during the course of the organised underage sporting event or training or practice session.
(b) in an area that is separated from the sporting venue by a road; or
(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.
S. 5RI(5) amended by No. 55/2016 s. 4(6)(l).
(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is at or within 10 metres of the sporting venue.
organised underage sporting event means a sporting event that—
(a) is planned in advance; and
(b) is organised or intended for, or predominantly participated in by, persons under the age of 18 years; and
(c) is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and
(d) may be a one-off event or part of a series of events;
sporting event means a match, game, tournament or other event that involves the playing of, or participation in, sport;
sporting venue includes, but is not limited to—
(a) a playing field;
(b) a track;
(c) an arena;
(d) a court or rink;
(e) any permanently or temporarily erected public seating at the venue;
(f) any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of competitors or officials;
(g) any part of the venue used to conduct the actual organised underage sporting event.
S. 5RJ inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 9.
5RJ No offence by minors at or in vicinity of certain places where smoking is prohibited
Despite anything to the contrary in this Division or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RA, 5RB, 5RC, 5RD, 5RE, 5RF, 5RG, 5RH or 5RI.
Pt 2 Div. 1A (Heading and ss 5S–5U) inserted by No. 49/2009 s. 19.