Victorian Current Acts

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TOBACCO ACT 1987 - SECT 5RI

No smoking at or in vicinity of outdoor sporting venue

    (1)     A person must not smoke at or within 10 metres of a sporting venue that is an outdoor public place during—

        (a)     an organised underage sporting event; or

        (b)     a training or practice session to prepare for participation in an organised underage sporting event; or

        (c)     any break or interval during the course of the organised underage sporting event or training or practice session.

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 sporting venue 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 at or within 10 metres of the sporting venue.

    (6)     In this section—

"organised underage sporting event" means a sporting event that—

        (a)     is planned in advance; and

        (b)     is organised or intended for, or predominantly participated in by, persons under the age of 18 years; and

        (c)     is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and

        (d)     may be a one-off event or part of a series of events;

sporting event means a match, game, tournament or other event that involves the playing of, or participation in, sport;

"sporting venue" includes, but is not limited to—

        (a)     a playing field;

        (b)     a track;

        (c)     an arena;

        (d)     a court or rink;

        (e)     any permanently or temporarily erected public seating at the venue;

        (f)     any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of competitors or officials;

        (g)     any part of the venue used to conduct the actual organised underage sporting event.

S. 5RJ inserted by No. 66/2013 s. 5, substituted by No. 65/2014 s. 9.



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