Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26ZKD

26ZKD Person must not smoke at or near under-age sporting event

(1) A person must not smoke at a sporting ground or the viewing area for a water sport during—

(a) an organised under-age sporting event; or

(b) a training or practice session to prepare for an organised under-age sporting event; or

(c) any break or interval during the organised under-age sporting event or the training or practice session.

Penalty—

Maximum penalty—20 penalty units.

(2) A person must not smoke on land within 10m beyond the boundary of a sporting ground or the viewing area for a water sport (the
"buffer zone" ) during a period smoking is prohibited under subsection (1) .

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—

"organised under-age sporting event" means a sporting event—

(a) organised in advance; and

(b) organised or intended for, or predominately participated in by, persons under 18; and

(c) conducted by a professional or amateur sporting body or educational institution according to established rules.

"skate park" see section 26ZKC (3) .

"sporting ground" —

(a) means 1 or more of the following places (each a
"playing area" )—

(i) a court, field or oval marked for use to play 1 or more sports;

Examples—

a soccer field, a cricket oval, a tennis or basketball court

(ii) a running track;

(iii) a racing track for bicycles;

(iv) a textured surface used for athletics; and

(b) includes—

(i) any area, seating or other structure provided for persons to observe players and competitors at the playing area; and

(ii) any area reserved for players, competitors, umpires or other officials for a game being played at the playing area; and

(iii) any waiting or warm-up area for players or competitors waiting to enter the playing area; but

(c) 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.