Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 169A

169A By-laws about use of smoking products

(1) A by-law for a community titles scheme may prohibit or restrict the smoking or inhaling of all or some smoking products only on—

(a) all or part of—

(i) the common property of the scheme, other than common property an occupier of a lot may use under an exclusive use by-law; or

(ii) the scheme’s body corporate assets other than a body corporate asset an occupier of a lot may use under an exclusive use by-law; or

(b) all or part of an outdoor area of—

(i) a lot included in the scheme; or

(ii) the common property an occupier of a lot may use under an exclusive use by-law; or

(iii) a body corporate asset an occupier of a lot may use under an exclusive use by-law.

(2) To remove any doubt, it is declared that a by-law that prohibits or restricts the smoking or inhaling of all or some smoking products on any area mentioned in subsection (1) is not, having regard to the interests of all owners and occupiers of lots included in the scheme, oppressive or unreasonable.

(3) In this section—

"inhale" see the Tobacco and Other Smoking Products Act 1998 , schedule.

"outdoor area" , of a lot, or of common property or a body corporate asset an occupier of a lot may use under an exclusive use by-law, includes any of the following areas—

(a) a balcony;

(b) a courtyard;

(c) a patio;

(d) a verandah.

"smoke" see the Tobacco and Other Smoking Products Act 1998 , schedule.