Smokefree Environments and Regulated Products Act 1990

7A Smoking and vaping prohibited at schools and early childhood education and care centres

(1)

The managers of school premises or premises to which subsection (4) applies must take all reasonably practicable steps to ensure that—

(a)

no person smokes or vapes in any part of the premises (whether an internal area or an open area) at any time on any day; and

(b)

a notice stating that smoking and vaping within the premises is forbidden at all times is prominently displayed at or immediately inside—

(i)

every entrance to the premises; and

(ii)

every outer entrance to every building or enclosed area forming part of the premises.

(2)

Subsection (1)(b)(ii) does not apply to—

(a)

a building or enclosed area not usually or from time to time used by young people attending the school or centre concerned or members of the public; or

(b)

an outer entrance used by young people attending the school or centre concerned or members of the public only temporarily or in emergencies.

(3)

The occupier of premises that are neither school premises nor premises to which subsection (4) applies must take all reasonably practicable steps to ensure that no person smokes or vapes within any area of the premises (whether an internal area or an open area) that—

(a)

is being used as an early childhood education and care centre; or

(b)

is so situated and ventilated that emissions from people smoking and vaping in it are likely to enter another area of the premises that is being used as an early childhood education and care centre.

(4)

This subsection applies to premises—

(a)

that are used exclusively or primarily as an early childhood education and care centre; or

(b)

that are facilities, grounds, structures, or other premises, controlled and managed by the managers of premises that are used exclusively or primarily as an early childhood education and care centre, and used exclusively or primarily for—

(i)

the enjoyment, recreation, or relaxation of the children attending the centre; or

(ii)

cultural or sporting activities (or both) involving, or undertaken for the benefit of, the children attending the centre.

Section 7A: inserted, on 1 January 2004, by section 6(1) of the Smoke-free Environments Amendment Act 2003 (2003 No 127).

Section 7A heading: amended, on 11 November 2020, by section 13(1) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 7A heading: amended, on 1 December 2008, by section 60(1) of the Education Amendment Act 2006 (2006 No 19).

Section 7A(1)(a): amended, on 11 November 2020, by section 13(2) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 7A(1)(b): amended, on 11 November 2020, by section 13(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 7A(3): amended, on 11 November 2020, by section 13(4) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 7A(3)(a): amended, on 1 December 2008, by section 60(1) of the Education Amendment Act 2006 (2006 No 19).

Section 7A(3)(b): amended, on 11 November 2020, by section 13(3) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 7A(3)(b): amended, on 11 November 2020, by section 13(5) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 7A(3)(b): amended, on 11 November 2020, by section 13(6) of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Section 7A(3)(b): amended, on 1 December 2008, by section 60(1) of the Education Amendment Act 2006 (2006 No 19).

Section 7A(4)(a): amended, on 1 December 2008, by section 60(1) of the Education Amendment Act 2006 (2006 No 19).

Section 7A(4)(b): amended, on 1 December 2008, by section 60(1) of the Education Amendment Act 2006 (2006 No 19).