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ARTICLE · 19 JULY 2015

Smokers move on - more areas declared ‘smoke free'

DibbsBarker
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The NSW Government has expanded the scope of areas where smoking is now banned.

AustraliaReal Estate and Construction
Rob Jarvin (Formerly With DibbsBarker)
Rob Jarvin (Formerly With DibbsBarker)
Rachel Nicholson
Rachel Nicholson
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Focus: Amendments to the Smoke-free Environment Act 2000 (NSW)
Services: Property & Projects
Industry Focus: Property

The NSW Government has continued its focus on anti-smoking legislation, expanding the scope of areas where smoking is now banned. This acts as a timely reminder for both landlords and tenants to carry out a proper assessment of enclosed public places and outdoor public areas to ensure compliance with the relevant legislation. In this Alert we review the recent NSW changes and provide a high level summary of the restrictions and penalties in both NSW and Queensland.

New South Wales

Under the amendments to the Smoke-free Environment Act 2000 (NSW) which took effect on 6 July 2015, smoking is now banned in "a place that is within 4 metres of a pedestrian access point to a building ... [being] to licensed premises or a restaurant..."; and also in "a commercial outdoor dining area".

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