Public Health (Tobacco) Act 2008
50HPersons must not enter closed premises
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50H Persons must not enter closed premises
50H Persons must not enter closed premises
(1) A person must not enter closed premises without reasonable excuse.
Maximum penalty—
(a) for a first offence—750 penalty units, or
(b) for second and subsequent offences—1,250 penalty units.
(2) It is a defence in proceedings for an offence against this section if the person satisfies the court that the person did not know, and could not reasonably have been expected to know, that the premises were closed premises.
(3) This section does not apply to the following—
(a) a police officer, inspector or emergency services worker who enters closed premises to exercise functions under this Act or another law,
(b) a person who passes through closed premises while accessing neighbouring premises,
(c) a person who enters closed premises in accordance with—
(i) an exemption granted by the Secretary under section 50B(3), or
(ii) an exemption granted by the Local Court under section 50D(3), or
(iii) an exemption notice issued by the Secretary under section 50I,
(d) a person, or a member of a class of persons, prescribed by the regulations.
s 50H: Ins 2025 No 51, Sch 1[20].