Criminal Law Questions 2022

Running Head: CRIMINAL LAW
CRIMINAL LAW
Name Of the Student
Name Of the University
Author’s Note

CRIMINAL LAW1
Table of Contents
QUESTION 1:.................................................................................................................................2
QUESTION 2:.................................................................................................................................3
QUESTION 3:.................................................................................................................................3
QUESTION 4:.................................................................................................................................6
(a):................................................................................................................................................6
(b):................................................................................................................................................6
(c):................................................................................................................................................7
QUESTION 5:.................................................................................................................................7
REFERENCES:...............................................................................................................................8

CRIMINAL LAW2
QUESTION 1:
The Government of Queensland has expressly prohibited smoking in all commercial
dining out places and outdoor public places under Tobacco and Other Smoking Products Act
1998 (Queensland). However, in 2014, the Queensland Government has been designated as the
second state government to expressly prohibit smoking in correctional facilities. In addition, the
laws of Queensland has expressly and strictly laid down that smoking is strictly prohibited at any
public and private hospitals and health care centres and for 5 metres beyond the boundaries of
such hospitals and health care centres or aged care facility land.
The tobacco laws of Queensland are governed by two legislations namely; Tobacco and
Other Smoking Products Act 1998, and Tobacco and Other Smoking Products Regulation 2010.
Section 26VO of the Act prohibits smoking in a health facility centre and 5 metres beyond the
boundaries of such centres. Breach of these provisions shall result in criminal liability against the
person breaching the provisions. However. It is also the duty of the authorized officer to identify
such acts and stop them by the enforcement of the provisions of the Act. Failure in stopping and
enforcement of the provisions of the Act shall amount to criminal liability against such officer.
In the given scenario, I am a Protective Service Officer in a public officer and I am bound
under Section 26VP of the Act to stop smoking in hospitals and health care centres if it has been
directed by an authorized officer. Protective Service Officer and the Senior Protective Service
Officer are smoking and their actions have resulted in the breach of the provision which bans
smoking in a hospital and other health care facilities. When the authorized person is breaching
the provision, then it is my duty to stop them or enforce penalties.