sec.131Person must not smoke at or near residential aged care facility

sec.131 Person must not smoke at or near residential aged care facility

A person must not smoke at a residential aged care facility. Maximum penalty—20 penalty units. A person must not smoke on land within 5m beyond the boundary of a residential aged care facility (the buffer zone ). Maximum penalty—20 penalty units. Subsection (1) does not apply to a person within a nominated outdoor smoking place. 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— home-based aged care means residential premises where aged care is provided to a person. nominated outdoor smoking place means a clearly designated part, or parts, of an outdoor area of a residential aged care facility— where smoking is not otherwise prohibited under this Act; and established by the occupier of the facility as an area where smoking is permitted. Smoking is prohibited within 10m of children’s playground equipment. residential aged care facility — means land on which a facility used to provide aged care is situated; but does not include— a retirement village; or home-based aged care. retirement village means premises where older members of the community or retired persons reside, or are to reside, in independent living units or serviced units. s 131 ins 2016 No. 6 s 9 amd 2023 No. 16 s 3 sch 1 (sec.131-ssec.1) A person must not smoke at a residential aged care facility. Maximum penalty—20 penalty units. (sec.131-ssec.2) A person must not smoke on land within 5m beyond the boundary of a residential aged care facility (the buffer zone ). Maximum penalty—20 penalty units. (sec.131-ssec.3) Subsection (1) does not apply to a person within a nominated outdoor smoking place. (sec.131-ssec.4) 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.131-ssec.5) In this section— home-based aged care means residential premises where aged care is provided to a person. nominated outdoor smoking place means a clearly designated part, or parts, of an outdoor area of a residential aged care facility— where smoking is not otherwise prohibited under this Act; and established by the occupier of the facility as an area where smoking is permitted. Smoking is prohibited within 10m of children’s playground equipment. residential aged care facility — means land on which a facility used to provide aged care is situated; but does not include— a retirement village; or home-based aged care. retirement village means premises where older members of the community or retired persons reside, or are to reside, in independent living units or serviced units.

• (a) in the buffer zone at residential premises or on residential land; or