Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person commits an offence if the person:
(a) is on Gallery land or in a Gallery building; and
(b) smokes.
Penalty: 5 penalty units.
(2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non - tobacco smoking product or e - cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour.
(3) In this instrument:
"e-cigarette" includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non - tobacco smoking product.
Example: E - cigar, e - hookah pen, e - pen, e - pipe or vape pen.
"non-tobacco smoking product" means:
(a) any product (other than a tobacco product) that is intended to be smoked; or
(b) any product known or described as herbal cigarettes.
"tobacco product" means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.