Queensland Numbered Acts Queensland Numbered ActsPart 2C —
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26ZE Person must not smoke at an outdoor market(1) A person must not smoke at an outdoor market.Penalty—Maximum penalty—20 penalty units.(2) Subsection (1) does not apply to a smoking area set aside under section 26ZGA.
26ZF Person must not smoke near entrance to outdoor market(1) A person must not smoke outside an outdoor market within 5m of any part of a clearly designated entrance to, or exit from, an outdoor market, unless the person has a reasonable excuse.Penalty—Maximum penalty—20 penalty units.(2) Subsection (1) does not apply to a person—(a) at residential premises or on residential land; or(b) at business premises; or(c) travelling past the entrance in a motor vehicle or on personal transport; or(d) walking past the entrance.
26ZG Offence by organiser(1) If a person contravenes section 26ZE(1), the organiser of the outdoor market commits an offence.Penalty—Maximum penalty—140 penalty units.(2) It is a defence to a charge under subsection (1) for the organiser of the outdoor market to prove that—(a) the organiser was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or(b) the organiser, or an employee or agent of the organiser—(i) directed the person to stop smoking; and(ii) told the person it was an offence not to comply with the direction to stop smoking.
26ZGA Smoking area(1) The organiser of an outdoor market may set aside a part of the market as an area in which smoking is allowed (a
"smoking area" ) if smoking in the area would not be prohibited under this Act, other than under section 26ZE.Example—An organiser of an outdoor market 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.(2) The organiser of an outdoor market establishes a smoking area at the market by—(a) posting a diagram or other notice clearly showing the limits of the area; and(b) posting a prominent sign in the area indicating the area as the only part of the market 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 within 5m of the boundary of the area.(3) The organiser of an outdoor market must not set aside a part of the market as an area in which smoking is allowed other than in compliance with subsections (1) and (2).Penalty—Maximum penalty—140 penalty units.