Tobacco and Other Smoking Products Act 1998
sec.127Person must not smoke at or near health facility
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sec.127 Person must not smoke at or near health facility
A person must not smoke at a health facility. Maximum penalty—20 penalty units. A person must not smoke on land within 5m beyond the boundary of a health facility (the buffer zone ). Maximum penalty—20 penalty units. Subsection (2) does not apply to a person— in the buffer zone at residential premises or on residential land; or in the buffer zone at business premises; or travelling through the buffer zone in a motor vehicle. In this section— health facility means— land on which a private health facility is situated; or land on which a Service provides a health service. health service means a service for maintaining, improving, restoring or managing people’s health and wellbeing, but does not include a service provided at a residential aged care facility. private health facility see the Private Health Facilities Act 1999 , section 8 . residential aged care facility see section 131 (5) . s 127 ins 2016 No. 6 s 9 amd 2023 No. 16 s 3 sch 1 (sec.127-ssec.1) A person must not smoke at a health facility. Maximum penalty—20 penalty units. (sec.127-ssec.2) A person must not smoke on land within 5m beyond the boundary of a health facility (the buffer zone ). Maximum penalty—20 penalty units. (sec.127-ssec.3) Subsection (2) does not apply to a person— in the buffer zone at residential premises or on residential land; or in the buffer zone at business premises; or travelling through the buffer zone in a motor vehicle. (sec.127-ssec.4) In this section— health facility means— land on which a private health facility is situated; or land on which a Service provides a health service. health service means a service for maintaining, improving, restoring or managing people’s health and wellbeing, but does not include a service provided at a residential aged care facility. private health facility see the Private Health Facilities Act 1999 , section 8 . residential aged care facility see section 131 (5) .
- (a) in the buffer zone at residential premises or on residential land; or
- (b) in the buffer zone at business premises; or
- (c) travelling through the buffer zone in a motor vehicle.
- (a) land on which a private health facility is situated; or
- (b) land on which a Service provides a health service.