7Offence of smoking in smoke-free area

#### 7 Offence of smoking in smoke-free area 7 Offence of smoking in smoke-free area > > (1) A person must not smoke in a smoke-free area. > > > > Maximum penalty—5 penalty units. > > > (2) A person who performs in a theatre or other performance space does not commit an offence under this section by smoking during the performance if smoking is a necessary part of the performance. > > > (3) It is a defence to a prosecution for an offence under subsection (1) if the defendant proves that he or she did not know, and could not reasonably be expected to have known, that the place in which the person was smoking was a smoke-free area.