Smoker commits offence
9 Smoker commits offence
A person must not smoke in a smoke-free area.
Maximum penalty: 20 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves:
(a) that there were no prescribed signs in place indicating that the area was a smoke-free area; and
(b) that there was no other indication given by the occupier of the area that it was a smoke-free area.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant was taking part in a bona fide theatrical performance and did not continue to smoke for longer than was necessary for the purposes of the performance.
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