Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26VQ

26VQ Person must not smoke at or near school facility

(1) A person must not smoke at a school facility.

Penalty—

Maximum penalty—20 penalty units.

(2) A person must not smoke on land within 5m beyond the boundary of a school facility (the
"buffer zone" ).

Penalty—

Maximum penalty—20 penalty units.

(3) Subsection (2) does not apply to a person—

(a) in the buffer zone at residential premises or on land on which residential premises may lawfully be built; or

(b) in the buffer zone at business premises; or

(c) travelling through the buffer zone in a motor vehicle.

(4) In this section—

"non-State school" means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .

"school facility" means land on which—

(a) a State school provides an educational program under the Education (General Provisions) Act 2006 ; or

(b) a non-State school provides primary education, secondary education or special education under the Education (Accreditation of Non-State Schools) Act 2017 ; or

(c) a State school or non-State school provides other educational instruction or activities.

"State school" means a state educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 .