Under legislative amendments made earlier this year, smoking will be banned in most “enclosed places” from 31 May 2002.
The Tobacco and Other Smoking Products (Prevention of Supply to Children) Amendment Act 2001 defines an enclosed place as having a ceiling or roof and, except for doors and passageways, is completely or substantially enclosed, either permanently or temporarily.
Exemptions include residential premises, multi-unit residential accommodation, vehicles being used for private purposes or with only one person in the vehicle, and licensed premises other than areas where meals are consumed.
A person smoking in an enclosed place can be asked to stop smoking by an authorised person, the manager of the place, or their employee. The maximum fine for contravention is $1,500.
The manager or occupier of a place can also be found to have committed an offence if a person continues to smoke in the enclosed place. It is a defence to this provision to show that the employee was not aware of the contravention or that the smoker was directed to stop smoking and that failure to do so was an offence.
The Property Council understands that Queensland Health will be providing educational materials and signage to retailers, employees and licensees in the