(1) A person must not smoke at or within 10 metres of children's playground equipment that is in an outdoor public place.
Penalty: 5 penalty units.
(2) Subsection (1) 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 the children's playground equipment by a road; or
(c) at residential premises or on land at which residential premises are built or may lawfully be built.
(3) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.
(4) A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.
Penalty: 5 penalty units.
(5) Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor dining or drinking area that is within 10 metres of children's playground equipment.
S. 5RF inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 7.