(1) A person must not smoke in an area that is within school premises and is not enclosed.
Penalty: 5 penalty units.
(2) A person must not smoke at or within 4 metres of any part of a pedestrian access point to school premises.
Penalty: 5 penalty units.
(3) Subsection (2) does not apply to a person—
(a) in a motor vehicle, unless the motor vehicle is stationary; or
(b) in an area that is separated from school premises by a road; or
(c) at residential premises or on land at which residential premises are built or may lawfully be built; or
(d) in an outdoor dining or drinking area; or
(e) who is not remaining at or near the pedestrian access point but is merely passing by the pedestrian access point.
(4) If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (2), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.
(5) A person who is contravening subsection (1) or (2) must comply with a direction by an inspector to cease the contravention.
Penalty: 5 penalty units.
S. 5RDA inserted by No. 65/2014 s. 6.