Smoke-free Environment Act 2000

An outdoor public place is a smoke-free area for the purposes of this Act if it is any of the following places (or part of any of those places)—

a place that is within 10 metres of children’s play equipment but only if the children’s play equipment is in an outdoor public place,

a swimming pool complex,

an area set aside for or being used by spectators to watch an organised sporting event at a sports ground or other recreational area, but only when an organised sporting event is being held there,

the platform of a passenger railway or light rail station,

a ferry wharf,

a light rail stop (with light rail stop to include any area where persons queue or gather when waiting at a light rail stop),

a bus stop (with bus stop to include any area where persons queue or gather when waiting at a bus stop),

a taxi rank (with taxi rank to include any area where persons queue or gather when waiting at a taxi rank),

a place that is within 4 metres of a pedestrian access point to a building (as provided by subsection (2)),

a commercial outdoor dining area,

a place at a public hospital, health institution or health service under the Health Services Act 1997 that is designated as a smoke-free area by a by-law or regulation under that Act and notified by signs displayed in, or at an entrance to, any such area,

any other outdoor public place that is prescribed by the regulations as a smoke-free area.

A pedestrian access point is an entrance to or exit from a building for use by pedestrians, but does not include—

an entrance to or exit from a building that is used only for residential purposes (including a boarding house and a building in a caravan park), or

an entrance to or exit from a building that is used partly for residential purposes and partly for other purposes if the entrance or exit concerned is used solely for entry to or exit from that part of the building that is used for residential purposes, or

an emergency exit that is locked to entry.

It is a defence to a prosecution for the offence of smoking in a smoke-free area that is a light rail stop, bus stop, taxi rank or within 4 metres of a pedestrian access point to a building if it is established that the accused was smoking only while passing through the smoke-free area and did not remain in the smoke-free area while smoking.

The regulations may exempt a specified outdoor public place or class of outdoor public places from being a smoke-free area under this section.