Smoke-Free Public Places Act 2003

The licensee of premises at which there is a designated outdoor smoking area must ensure that, in the designated outdoor smoking area—

there are no people under 18 years old; and

there is no food or drink service; and

no food is consumed; and

no entertainment is offered or directly accessible; and

there are no gaming machines.

For where gaming machines may be located, see the Gaming Machine Act 2004.

An offence against this section is a strict liability offence.

The licensee does not commit an offence against this section in relation to a contravention of subsection (1) (c) if the licensee was not aware, and could not reasonably be expected to have been aware, that food was being consumed in the designated outdoor smoking area.

The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

In this section:

This section applies to premises at which there is a designated outdoor smoking area.

The occupier of the premises commits an offence if the occupier fails to take reasonable steps to prevent smoke from the designated outdoor smoking area entering any part of an outdoor eating or drinking place at the premises that is not a designated outdoor smoking area.

The occupier also commits an offence if smoke from the premises enters an enclosed public place on the premises (see s 8A).

An offence against this section is a strict liability offence.