Queensland Numbered Acts Queensland Numbered ActsAfter section 26X —
insert—
26XA Smoking area at outdoor eating or drinking place(1) An occupier of an outdoor eating or drinking place may set aside a part of the place as an area in which smoking is allowed (a
"smoking area" ) if—(a) smoking in the area is not prohibited under this Act, other than under section 26X; orExample—An occupier may not set aside, as a smoking area, an area within 5m of an entrance to an enclosed place, because smoking in that area is prohibited under section 26ZJ.(b) food or drink is not served in the area or the buffers for the area; or(c) entertainment is not offered in the area or the buffers for the area.(2) An occupier of an outdoor eating or drinking place establishes a smoking area at the place by—(a) posting a diagram or other notice clearly showing the limits of the area and the buffers for the area; and(b) posting a prominent sign in the area indicating the area as the only part of the outdoor eating or drinking place in which people may smoke; and(c) posting a prominent sign in or around the area directing people not to eat or drink within the area or the buffers for the area.(3) If an occupier of an outdoor eating or drinking place establishes a smoking area at the place, the area must be surrounded by a buffer that is at least 2m wide and wholly contained within the place.(4) For subsection (3), a buffer may be a space, an object or a structure.(5) The occupier of an outdoor eating or drinking place must not set aside a part of the place as an area in which smoking is allowed other than in compliance with subsections (1) to (3).Penalty—Maximum penalty—140 penalty units.(6) This section does not apply to an occupier that is the licensee of—(a) premises to which a commercial hotel licence or community club licence under the Liquor Act 1992 applies; or(b) premises, to which a commercial special facility licence under the Liquor Act 1992 applies, that contain all or part of a casino.