Queensland residents draws to the attention of the House that as of 2021 only 14% of Queensland residents smoke daily. However, there are no laws to protect residents living in strata from passive smoke from adjacent units. The World Health Organisation states "There is no safe level of exposure to second-hand smoke...Even brief exposure can cause serious damage". For example, if a neighbour is a heavy daily smoker and a dog owner, both which are legal. By law, he must ensure his dog doesn’t bite neighbours. However, every day starting around 5.30 am he is permitted to repeatedly expose his neighbours to toxic second-hand smoke by smoking close to their windows and doors. During the 2017 "Government Property Law Review" over 80% of responses to the question relating to smoking supported a by-law prohibiting smoking on a lot where the smoke drifts onto another adjacent lot. 

Your petitioners, therefore, request the House to replicate NSW’s 2016 legislative changes and amend:

1) Strata legislation to provide model by-laws that can be adopted by “Special Resolution” to protect lot owners and tenants from “smoke penetration” from other lots or common property. 

2) Nuisance Law in the Body Corporate and Community Management Act 1997 to recognise that "Depending on the circumstances in which it occurs, the penetration of smoke from smoking into a lot or common property may cause a nuisance or hazard and may interfere unreasonably with the use or enjoyment of the common property or another lot".