Queensland Numbered Acts

TOBACCO AND OTHER SMOKING PRODUCTS AMENDMENT ACT 2023 - SECT 47

47 Amendment of s 26ZKD (Person must not smoke at or near under-age sporting event)

(1) Section 26ZKD , heading, ‘under-age sporting event’—
omit, insert—
organised under-age sporting event or organised children’s activity

(2) Section 26ZKD —
insert—

(1A) A person must not smoke in that part of a park or on a similarly defined area of land being used for an organised children’s activity.

Penalty—

Maximum penalty—20 penalty units.

(3) Section 26ZKD (2) —
omit, insert—

(2) A person must not smoke on land within 10m beyond the boundary of any of the following places (the
"buffer zone" ) when smoking is prohibited under subsection (1) or (1A)—

(a) a sporting ground;

(b) the viewing area for a water sport;

(c) that part of a park or a similarly defined area of land being used for an organised children’s activity.

Penalty—

Maximum penalty—20 penalty units.

(4) Section 26ZKD —
insert—

(3A) To remove any doubt, it is declared that if an organised children’s activity is being conducted in a park or on other land, the activity is not taken to use the entire park or land merely because the activity is being conducted in the park or on the land.

(5) Section 26ZKD (4) , definition organised under-age sporting event , paragraph (b) , ‘persons under 18’—
omit, insert—
children

(6) Section 26ZKD (4) —
insert—

"organised children’s activity" —

(a) means an outdoor activity—

(i) conducted by an association or club; and

(ii) organised in advance; and

(iii) organised for the participation of children; but

Example—

a supervised activity for Scouts or Girl Guides

(b) does not include—

(i) an excursion; or

(ii) attendance at a public event; or

(iii) a parade in a public place and intended to be viewed by the public.

Example for subparagraph (iii)—

a street parade