Obligations of occupier or manager—things not allowed in designated smoking area
9R Obligations of occupier or manager—things not allowed in designated smoking area
The occupier or manager of a declared smoke-free public place or event at which there is a designated smoking area must ensure that, in the designated 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.
Maximum penalty: 50 penalty units.
An offence against this section is a strict liability offence.
The occupier or manager does not commit an offence against this section in relation to a contravention of subsection (1) (c) if the occupier or manager was not aware, and could not reasonably be expected to have been aware, that food was being consumed in the designated 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:
entertainment includes television (for example, televised sporting events), but does not include public announcements or recorded music.
9S Offence by occupier or manager—permitting smoke from designated smoking area to enter another part of public place or event
This section applies to a declared smoke-free public place or event at which there is a designated smoking area.
The occupier or manager of the public place or event commits an offence if the occupier or manager fails to take reasonable steps to prevent smoke from the designated smoking area entering any part of the public place or event that is not a designated smoking area.
Maximum penalty: 50 penalty units.
An offence against this section is a strict liability offence.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.