37Smoking etc in protected place

#### 37 Smoking etc in protected place (1) A person in a protected place, must not: (a) smoke, strike a match, light a fire or in any way procure a naked light or flame; or (b) possess tobacco, matches, a flame lighter, a candle, a lamp or any material capable of being used for smoking or for procuring a naked light or flame. Penalty: 1 penalty unit or imprisonment for 3 months, or both. (2) It is a defence to a prosecution for an offence against subregulation (1) that the defendant had the permission of the officer‑in‑charge to engage in the relevant conduct in the protected place. (3) In this regulation: > officer‑in‑charge means the person appointed to be in charge of the undertaking. > protected place means an undertaking, or part of an undertaking: (a) which is declared by the officer‑in‑charge of the undertaking, by notice in writing, to be a protected place for this regulation; and (b) on which a notice to that effect is prominently displayed.