Offence to smoke in outdoor eating or drinking place in contravention of direction
9C Offence to smoke in outdoor eating or drinking place in contravention of direction
A person commits an offence if—
the person smokes in an outdoor eating or drinking place; and
the place where the person smokes is not a designated outdoor smoking area; and
an inspector, or the occupier of the place, directs the person to stop smoking in the outdoor eating or drinking place; and
the person contravenes the direction.
Maximum penalty: 20 penalty units.
An offence against this section is a strict liability offence.
A person does not commit an offence against this section if—
the direction was given by an inspector who is not a uniformed police officer; and
when asked by the person, the inspector does not produce the inspector’s identity card for inspection.
The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
This Act’s bill:Second reading speech
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