Tobacco and Other Smoking Products Act 1998
sec.112Person must not smoke in enclosed place
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sec.112 Person must not smoke in enclosed place
A person must not smoke in an enclosed place. Maximum penalty—20 penalty units. Subsection (1) does not apply to the following— residential premises, other than a part of residential premises being used for carrying on a business while 1 or more persons who do not reside at the premises are present in the part of the premises; a person employed in the business multi-unit residential accommodation, other than the common areas of the accommodation; a premium gaming room. A person who performs in a theatre or other enclosed place does not commit an offence under this section by smoking during the performance if smoking is part of the performance. In this section— common area , of multi-unit residential accommodation, means an area accessible to all, or a specified class of, residents of, or persons employed at, the accommodation. a TV room or cooking facilities shared by all, or a specified class of, residents residential premises does not include multi-unit residential accommodation. s 112 ins 2001 No. 20 s 26 (amd 2002 No. 22 s 3 (2) – (3) ) amd 2004 No. 47 s 34 ; 2006 No. 29 s 518 sch 3 ; 2006 No. 46 s 287 ; 2009 No. 44 s 179 ; 2014 No. 65 s 57 ; 2016 No. 6 s 7 ; 2023 No. 16 s 3 sch 1 (sec.112-ssec.1) A person must not smoke in an enclosed place. Maximum penalty—20 penalty units. (sec.112-ssec.2) Subsection (1) does not apply to the following— residential premises, other than a part of residential premises being used for carrying on a business while 1 or more persons who do not reside at the premises are present in the part of the premises; a person employed in the business multi-unit residential accommodation, other than the common areas of the accommodation; a premium gaming room. (sec.112-ssec.3) A person who performs in a theatre or other enclosed place does not commit an offence under this section by smoking during the performance if smoking is part of the performance. (sec.112-ssec.4) In this section— common area , of multi-unit residential accommodation, means an area accessible to all, or a specified class of, residents of, or persons employed at, the accommodation. a TV room or cooking facilities shared by all, or a specified class of, residents residential premises does not include multi-unit residential accommodation.
- (a) residential premises, other than a part of residential premises being used for carrying on a business while 1 or more persons who do not reside at the premises are present in the part of the premises; Example of a person who does not reside at the premises— a person employed in the business
- (b) multi-unit residential accommodation, other than the common areas of the accommodation;
- (c) a premium gaming room.