Offence by occupier—person smoking in outdoor eating or drinking place
9D Offence by occupier—person smoking in outdoor eating or drinking place
The occupier of an outdoor eating or drinking place commits an offence if—
a person smokes in the outdoor eating or drinking place; and
the place where the person smokes is not a designated outdoor smoking area.
Maximum penalty: 10 penalty units.
An offence against this section is a strict liability offence.
The occupier does not commit an offence against this section if—
the occupier was not aware, and could not reasonably be expected to have been aware, that the person was smoking in an outdoor eating or drinking place that was not a designated outdoor smoking area; or
the occupier directed the person to stop smoking in the outdoor eating or drinking place and the person contravened the direction.
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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