Tobacco and Other Smoking Products Act 1998
sec.144Smoking area
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sec.144 Smoking area
The organiser of an outdoor market may set aside a part of the market as an area in which smoking is allowed (a smoking area ) if smoking in the area would not be prohibited under this Act, other than under section 141 . An organiser of an outdoor market may not set aside, as a smoking area, an area within 5m of an entrance to an enclosed place, because smoking in that area is prohibited under section 147 . The organiser of an outdoor market establishes a smoking area at the market by— posting a diagram or other notice clearly showing the limits of the area; and posting a prominent sign in the area indicating the area as the only part of the market in which people may smoke; and posting a prominent sign in or around the area directing people not to eat or drink within the area or within 5m of the boundary of the area. The organiser of an outdoor market must not set aside a part of the market as an area in which smoking is allowed other than in compliance with subsections (1) and (2) . Maximum penalty—140 penalty units. s 144 prev s 26ZGA ins 2014 No. 65 s 59 om 2016 No. 6 s 11 pres s 144 ins 2023 No. 16 s 46 (sec.144-ssec.1) The organiser of an outdoor market may set aside a part of the market as an area in which smoking is allowed (a smoking area ) if smoking in the area would not be prohibited under this Act, other than under section 141 . An organiser of an outdoor market may not set aside, as a smoking area, an area within 5m of an entrance to an enclosed place, because smoking in that area is prohibited under section 147 . (sec.144-ssec.2) The organiser of an outdoor market establishes a smoking area at the market by— posting a diagram or other notice clearly showing the limits of the area; and posting a prominent sign in the area indicating the area as the only part of the market in which people may smoke; and posting a prominent sign in or around the area directing people not to eat or drink within the area or within 5m of the boundary of the area. (sec.144-ssec.3) The organiser of an outdoor market must not set aside a part of the market as an area in which smoking is allowed other than in compliance with subsections (1) and (2) . Maximum penalty—140 penalty units.
- (a) posting a diagram or other notice clearly showing the limits of the area; and
- (b) posting a prominent sign in the area indicating the area as the only part of the market in which people may smoke; and
- (c) posting a prominent sign in or around the area directing people not to eat or drink within the area or within 5m of the boundary of the area.