sec.133Person must not smoke at outdoor eating or drinking place

sec.133 Person must not smoke at outdoor eating or drinking place

A person must not smoke at an outdoor eating or drinking place. Maximum penalty—20 penalty units. A person must not smoke on land within 5m beyond the boundary of an outdoor eating or drinking place (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 or on personal transport; or walking through the buffer zone. This section does not apply to— a smoking area set aside under section 134 or 144 ; or a designated outdoor smoking area. s 133 ins 2004 No. 47 s 40 amd 2023 No. 16 s 38 (sec.133-ssec.1) A person must not smoke at an outdoor eating or drinking place. Maximum penalty—20 penalty units. (sec.133-ssec.2) A person must not smoke on land within 5m beyond the boundary of an outdoor eating or drinking place (the buffer zone ). Maximum penalty—20 penalty units. (sec.133-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 or on personal transport; or walking through the buffer zone. (sec.133-ssec.4) This section does not apply to— a smoking area set aside under section 134 or 144 ; or a designated outdoor smoking area.

• (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 or on personal transport; or
• (d) walking through the buffer zone.
• (a) a smoking area set aside under section 134 or 144 ; or
• (b) a designated outdoor smoking area.