Smoke-free Environment Act 2000

In this Act, commercial outdoor dining area means an outdoor public place that is—

a seated dining area, or

within 4 metres of a seated dining area on premises that are licensed premises under the Liquor Act 2007 or the premises of a restaurant as defined in that Act, or

within 10 metres of a place at a food fair where food is sold or supplied for consumption at the event, with a food fair being an organised event at which the principal activities are the sale or supply of food for consumption at the event and the consumption of that food.

A seated dining area is an area in which seating is provided and in which food that has been purchased and served on plates or packaged for immediate consumption is consumed. The seating must have been provided by the occupier of the premises where the food is purchased or by the operator of the business from which the food is purchased.

An area is only a seated dining area when food is being consumed there or is available to be purchased and consumed there.

An area is not a seated dining area if the area is designated as not being for the consumption of food by the display within the area of signs complying with the regulations.

The occupier of an area designated for the purposes of subsection (4) as not being for the consumption of food must take reasonable steps to ensure that the consumption of food does not occur in the area.

10 penalty units, in the case of a natural person, or

50 penalty units, in the case of a body corporate.

In this section, food does not include drink.