sec.147Person must not smoke near an entrance to an enclosed place

sec.147 Person must not smoke near an entrance to an enclosed place

A person must not smoke within 5m of any part of an entrance to an enclosed place, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Subsection (1) does not apply to an entrance that is an entrance only to— residential premises; or multi-unit residential accommodation; or premises to which a commercial hotel licence or community club licence under the Liquor Act 1992 applies; or premises, to which a commercial special facility licence under the Liquor Act 1992 applies, that contain all or part of a casino; or a vehicle or part of a vehicle. Subsection (1) does not apply to a person in a motor vehicle passing the entrance. It is a reasonable excuse for subsection (1) that the person was not remaining at or near the entrance but was merely passing the entrance. Subsection (1) applies to an entrance only while either of the following types of access to the enclosed place is available by the entrance— public access; the access usually available by the entrance to enable the place to be used in a way it is ordinarily used. In this section— residential premises does not include multi-unit residential accommodation. s 147 ins 2004 No. 47 s 40 amd 2006 No. 46 s 294 ; 2008 No. 48 s 59 (1) sch 1 ; 2016 No. 6 s 12; 2023 No. 16 s 3 sch 1 (sec.147-ssec.1) A person must not smoke within 5m of any part of an entrance to an enclosed place, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (sec.147-ssec.2) Subsection (1) does not apply to an entrance that is an entrance only to— residential premises; or multi-unit residential accommodation; or premises to which a commercial hotel licence or community club licence under the Liquor Act 1992 applies; or premises, to which a commercial special facility licence under the Liquor Act 1992 applies, that contain all or part of a casino; or a vehicle or part of a vehicle. (sec.147-ssec.3) Subsection (1) does not apply to a person in a motor vehicle passing the entrance. (sec.147-ssec.4) It is a reasonable excuse for subsection (1) that the person was not remaining at or near the entrance but was merely passing the entrance. (sec.147-ssec.5) Subsection (1) applies to an entrance only while either of the following types of access to the enclosed place is available by the entrance— public access; the access usually available by the entrance to enable the place to be used in a way it is ordinarily used. (sec.147-ssec.6) In this section— residential premises does not include multi-unit residential accommodation.

• (a) residential premises; or
• (b) multi-unit residential accommodation; or
• (c) premises to which a commercial hotel licence or community club licence under the Liquor Act 1992 applies; or
• (d) premises, to which a commercial special facility licence under the Liquor Act 1992 applies, that contain all or part of a casino; or