sec.128Person must not smoke at or near school facility

sec.128 Person must not smoke at or near school facility

A person must not smoke at a school facility. Maximum penalty—20 penalty units. A person must not smoke on land within 5m beyond the boundary of a school 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— non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 . school community , for a school, means the students, teachers, parents of students, visitors and other employees for the school. school facility means land on which— a State school provides an educational program under the Education (General Provisions) Act 2006 ; or a non-State school provides primary education, secondary education or special education under the Education (Accreditation of Non-State Schools) Act 2017 ; or a State school or non-State school provides other educational instruction or activities; or a carpark is located if the carpark is— adjacent to a school mentioned in paragraph (a) , (b) or (c) ; and provided for the exclusive use of the school community of the school. State school means a state educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 . s 128 ins 2016 No. 6 s 9 amd 2017 No. 24 s 260 ; 2023 No. 16 ss 31 , 3 sch 1 (sec.128-ssec.1) A person must not smoke at a school facility. Maximum penalty—20 penalty units. (sec.128-ssec.2) A person must not smoke on land within 5m beyond the boundary of a school facility (the buffer zone ). Maximum penalty—20 penalty units. (sec.128-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.128-ssec.4) In this section— non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 . school community , for a school, means the students, teachers, parents of students, visitors and other employees for the school. school facility means land on which— a State school provides an educational program under the Education (General Provisions) Act 2006 ; or a non-State school provides primary education, secondary education or special education under the Education (Accreditation of Non-State Schools) Act 2017 ; or a State school or non-State school provides other educational instruction or activities; or a carpark is located if the carpark is— adjacent to a school mentioned in paragraph (a) , (b) or (c) ; and provided for the exclusive use of the school community of the school. State school means a state educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 .