Tobacco and Other Smoking Products Act 1998
sec.152Person must not smoke at or near organised under-age sporting event or organised children’s activity
Start here
Get a plain-English read of sec.152
Turn the raw legal text into a practical explanation grounded in Tobacco and Other Smoking Products Act 1998.
sec.152 Person must not smoke at or near organised under-age sporting event or organised children’s activity
A person must not smoke at a sporting ground or the viewing area for a water sport during— an organised under-age sporting event; or a training or practice session to prepare for an organised under-age sporting event; or any break or interval during the organised under-age sporting event or the training or practice session. Maximum penalty—20 penalty units. A person must not smoke in that part of a park or on a similarly defined area of land being used for an organised children’s activity. Maximum penalty—20 penalty units. A person must not smoke on land within 10m beyond the boundary of any of the following places (the buffer zone ) when smoking is prohibited under subsection (1) or (2) — a sporting ground; the viewing area for a water sport; that part of a park or a similarly defined area of land being used for an organised children’s activity. Maximum penalty—20 penalty units. Subsection (3) 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. To remove any doubt, it is declared that if an organised children’s activity is being conducted in a park or on other land, the activity is not taken to use the entire park or land merely because the activity is being conducted in the park or on the land. In this section— organised children’s activity — means an outdoor activity— conducted by an association or club; and organised in advance; and organised for the participation of children; but a supervised activity for Scouts or Girl Guides does not include— an excursion; or attendance at a public event; or a parade in a public place and intended to be viewed by the public. a street parade organised under-age sporting event means a sporting event— organised in advance; and organised or intended for, or predominately participated in by, children; and conducted by a professional or amateur sporting body or educational institution according to established rules. skate park see section 151 (3) . sporting ground — means 1 or more of the following places (each a playing area )— a court, field or oval marked for use to play 1 or more sports; a soccer field, a cricket oval, a tennis or basketball court a running track; a racing track for bicycles; a textured surface used for athletics; and includes— any area, seating or other structure provided for persons to observe players and competitors at the playing area; and any area reserved for players, competitors, umpires or other officials for a game being played at the playing area; and any waiting or warm-up area for players or competitors waiting to enter the playing area; but does not include a bicycle path, a skate park, a path shared by cyclists and pedestrians or a horse racing track. viewing area , for a water sport, means the area set aside for viewing the water sport. s 152 ins 2016 No. 6 s 13 amd 2023 No. 16 ss 47 , 3 sch 1 (sec.152-ssec.1) A person must not smoke at a sporting ground or the viewing area for a water sport during— an organised under-age sporting event; or a training or practice session to prepare for an organised under-age sporting event; or any break or interval during the organised under-age sporting event or the training or practice session. Maximum penalty—20 penalty units. (sec.152-ssec.2) A person must not smoke in that part of a park or on a similarly defined area of land being used for an organised children’s activity. Maximum penalty—20 penalty units. (sec.152-ssec.3) A person must not smoke on land within 10m beyond the boundary of any of the following places (the buffer zone ) when smoking is prohibited under subsection (1) or (2) — a sporting ground; the viewing area for a water sport; that part of a park or a similarly defined area of land being used for an organised children’s activity. Maximum penalty—20 penalty units. (sec.152-ssec.4) Subsection (3) 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.152-ssec.5) To remove any doubt, it is declared that if an organised children’s activity is being conducted in a park or on other land, the activity is not taken to use the entire park or land merely because the activity is being conducted in the park or on the land. (sec.152-ssec.6) In this section— organised children’s activity — means an outdoor activity— conducted by an association or club; and organised in advance; and organised for the participation of children; but a supervised activity for Scouts or Girl Guides does not include— an excursion; or attendance at a public event; or a parade in a public place and intended to be viewed by the public. a street parade organised under-age sporting event means a sporting event— organised in advance; and organised or intended for, or predominately participated in by, children; and conducted by a professional or amateur sporting body or educational institution according to established rules. skate park see section 151 (3) . sporting ground — means 1 or more of the following places (each a playing area )— a court, field or oval marked for use to play 1 or more sports; a soccer field, a cricket oval, a tennis or basketball court a running track; a racing track for bicycles; a textured surface used for athletics; and includes— any area, seating or other structure provided for persons to observe players and competitors at the playing area; and any area reserved for players, competitors, umpires or other officials for a game being played at the playing area; and any waiting or warm-up area for players or competitors waiting to enter the playing area; but does not include a bicycle path, a skate park, a path shared by cyclists and pedestrians or a horse racing track. viewing area , for a water sport, means the area set aside for viewing the water sport.