sec.150Person must not smoke at or near public transport waiting point

sec.150 Person must not smoke at or near public transport waiting point

A person must not smoke at a public transport waiting point. Maximum penalty—20 penalty units. A person must not smoke on land within 5m beyond a public transport waiting point (the buffer zone ), unless the person has a reasonable excuse. Maximum penalty—20 penalty units. For subsection (2) , a person outside the buffer zone is taken to be within the buffer zone if the person is in a queue that starts at the public transport waiting point or in the buffer zone. Subsections (1) and (2) do not apply to a person at a place where smoking is prohibited under the Transport Infrastructure (Rail) Regulation 2017 or the Transport Operations (Passenger Transport) Regulation 2018 . 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. It is a reasonable excuse for subsection (2) that the person was not remaining in the buffer zone but was merely passing through the buffer zone. In this section— public passenger vehicle means any of the following, as defined in the Transport Operations (Passenger Transport) Act 1994 , used to transport members of the public— a fixed track vehicle; a bus; a ferry; a taxi; a limousine; a booked hire vehicle. public transport waiting point means any of the following— a sign indicating that it is a drop-off or collection point for a public passenger vehicle; shelter or seating provided for persons waiting at a drop-off or collection point for a public passenger vehicle; a terminal, jetty, pontoon, platform or landing for the arrival and departure of a public passenger vehicle. s 150 ins 2016 No. 6 s 13 amd 2017 No. 18 s 37 sch 1 ; 2019 No. 24 s 106 ; 2023 No. 16 s 3 sch 1 (sec.150-ssec.1) A person must not smoke at a public transport waiting point. Maximum penalty—20 penalty units. (sec.150-ssec.2) A person must not smoke on land within 5m beyond a public transport waiting point (the buffer zone ), unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (sec.150-ssec.3) For subsection (2) , a person outside the buffer zone is taken to be within the buffer zone if the person is in a queue that starts at the public transport waiting point or in the buffer zone. (sec.150-ssec.4) Subsections (1) and (2) do not apply to a person at a place where smoking is prohibited under the Transport Infrastructure (Rail) Regulation 2017 or the Transport Operations (Passenger Transport) Regulation 2018 . (sec.150-ssec.5) 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.150-ssec.6) It is a reasonable excuse for subsection (2) that the person was not remaining in the buffer zone but was merely passing through the buffer zone. (sec.150-ssec.7) In this section— public passenger vehicle means any of the following, as defined in the Transport Operations (Passenger Transport) Act 1994 , used to transport members of the public— a fixed track vehicle; a bus; a ferry; a taxi; a limousine; a booked hire vehicle. public transport waiting point means any of the following— a sign indicating that it is a drop-off or collection point for a public passenger vehicle; shelter or seating provided for persons waiting at a drop-off or collection point for a public passenger vehicle; a terminal, jetty, pontoon, platform or landing for the arrival and departure of a public passenger vehicle.