37Smoking on an aircraft

#### 37 Smoking on an aircraft (1) A person commits an offence if: (a) the person smokes on board an aircraft; and (b) the aircraft is engaged in: (i) the carriage of passengers between airports in Australian territory as part of an air transport service; or (ii) Australian international carriage (other than the carriage of freight only) as part of an air transport service. Penalty: 25 penalty units. (2) A person commits an offence if: (a) the person is the operator of an aircraft; and (b) the aircraft is engaged in: (i) the carriage of passengers between airports in Australian territory as part of an air transport service; or (ii) Australian international carriage (other than the carriage of freight only) as part of an air transport service; and (c) a notice that meets the requirements in subsection (3) is not displayed in a conspicuous place in the aircraft. Penalty: 50 penalty units. (3) A notice meets the requirements in this subsection if the notice: (a) indicates that smoking is prohibited at all times; and (b) is legible. (4) It is not a defence to a prosecution for an offence against subsection (1) that a notice that meets the requirements in subsection (3) was not displayed in a conspicuous place in the aircraft.