Victorian Consolidated Regulations Victorian Consolidated RegulationsReg. 32(1) amended by S.R. No. 49/2017 reg. 8(1).
(1) A person must not smoke in or on any of the following—
(a) a public transport vehicle;
(b) a tram stop shelter or bus stop shelter;
(c) a train platform;
Reg. 32(1)(d) amended by S.R. No. 49/2017 reg. 8(2).
(d) a compulsory ticket area other than a train platform;
(e) a tram stop platform;
(f) any other public transport premises or part of public transport premises where a notice is displayed that smoking on that property or part is prohibited.
Penalty: 5 penalty units.
(2) A passenger transport company or a bus company must ensure, so far as is reasonably practicable, that acceptable no smoking signs are displayed in a public transport vehicle in places where a person on that vehicle is reasonably likely to see one or more of the signs.
Penalty: 5 penalty units.
Reg. 32(3) amended by S.R. No. 49/2017 reg. 8(3)(a).
(3) An occupier or owner of public transport premises must ensure, so far as is reasonably practicable, that acceptable no smoking signs are displayed at tram stop shelters, bus stop shelters, train platforms, compulsory ticket areas other than train platforms, tram stop platforms or other public transport premises where smoking is prohibited in a manner in which a person is reasonably likely to see one or more of the signs—
Reg. 32(3)(a) amended by S.R. No. 49/2017 reg. 8(3)(b).
(a) when entering the tram stop shelter, bus stop shelter, train platform, compulsory ticket area other than a train platform or tram stop platform; or
Reg. 32(3)(b) amended by S.R. No. 49/2017 reg. 8(3)(b).
(b) when in or on the
tram stop shelter, bus stop shelter or compulsory ticket area other than a
train platform; or
(c) when on the train platform or tram stop platform; or
(d) when in, on or entering the public transport premises.
Penalty: 5 penalty units.
(4) In this regulation—
"acceptable no smoking sign" has the same meaning as in the Tobacco Act 1987 ;
Reg. 32(4) def. of bus stop shelter revoked by S.R. No. 2/2022 reg. 7.
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Reg. 32(4) def. of e-cigarette inserted by S.R. No 49/2017 reg. 8(4).
"e-cigarette "has the same meaning as in the Tobacco Act 1987 ;
Reg. 32(4) def. of occupier amended by S.R. No. 49/2017 reg. 8(5).
"occupier" means—
(a) in relation to a tram stop shelter or bus stop shelter, the infrastructure manager within the meaning of the Road Management Act 2004 of the stop; or
(b) in relation to a train platform, compulsory ticket area other than a train platform, or tram stop platform, the relevant passenger transport company that occupies the area or platform;
Reg. 32(4) def. of smoke inserted by S.R. No 49/2017 reg. 8(4).
"smoke" means—
(a) smoke, hold or otherwise have control over, an ignited or heated tobacco product; or
(b) use an e-cigarette to generate or release an aerosol or vapour; or
(c) smoke any other substance;
Reg. 32(4) def. of tobacco product inserted by S.R. No 49/2017 reg. 8(4).
"tobacco product" has the same meaning as in the Tobacco Act 1987 ;
Reg. 32(4) def. of tram stop shelter revoked by S.R. No. 2/2022 reg. 7.
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