5BEnclosed workplaces: offence by occupier

5B Enclosed workplaces: offence by occupier

S. 5B(1) amended by No. 49/2009 s. 10.

(1) If smoking occurs in an enclosed workplace, in contravention of section 5A, the occupier of the enclosed workplace is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.

S. 5B(2) amended by No. 68/2009 s. 97(Sch. item 120.1).

(2) It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—

S. 5B(2)(a) amended by No. 68/2009 s. 97(Sch. item 120.1).

(a) the accused was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

S. 5B(2)(b) amended by No. 68/2009 s. 97(Sch. item 120.1).

S. 5BA inserted by No. 31/2002 s. 8, repealed by No. 45/2005 s. 5.

S. 5C (Heading) amended by No. 55/2016 s. 4(2)(b).

S. 5C inserted by No. 43/2000 s. 7(2), amended by Nos 28/2001 s. 5, 31/2002 s. 10(a), substituted by No. 45/2005 ss 5, 24.