Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26VU

26VU Person must not smoke at or near early childhood education and care facility

(1) A person must not smoke at an early childhood education and care facility.

Penalty—

Maximum penalty—20 penalty units.

(2) A person must not smoke on land within 5m beyond the boundary of an early childhood education and care facility (the
"buffer zone" ).

Penalty—

Maximum penalty—20 penalty units.

(3) Subsections (1) and (2) do not apply to a person at an early childhood education and care facility if—

(a) the facility is also residential premises; and

(b) at the relevant time, the facility is not being used to provide an early childhood education and care service.

(4) 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.

(5) For an early childhood education and care facility that is also residential premises, it is a defence to subsection (1) or (2) for a person to prove that the person was not aware, and could not have reasonably been expected to be aware, that the premises were an early childhood education and care facility.

(6) In this section—

"early childhood education and care facility" means land on which an early childhood education and care service is provided.

"early childhood education and care service" means—

(a) a Queensland approved education and care service under the Education and Care Services Act 2013 ; or

(b) an approved education and care service under the Education and Care Services National Law (Queensland) Act 2011 .