5DOutdoor drinking areas: offence by occupier

5D Outdoor drinking areas: offence by occupier

S. 5D(1) amended by Nos 49/2009 s. 11, 55/2016 s. 4(4)(c)(d).

(1) If smoking occurs in an outdoor drinking area, in contravention of section 5C(1), the occupier of the area 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. 5D(2) amended by No. 68/2009 s. 97(Sch. item 120.2).

(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. 5D(2)(a) amended by Nos 68/2009 s. 97(Sch. item 120.2), 51/2024 s. 15(a).

S. 5D(2)(b) amended by No. 68/2009 s. 97(Sch. item 120.2).

S. 5D(3) inserted by No. 55/2016 s. 4(5).

(3) If a person smokes in an outdoor drinking area in contravention of section 5C(1A), the occupier of the outdoor drinking area is guilty of an offence.

Penalty: In the case of a natural person, 10 penalty units.

S. 5D(4) inserted by No. 55/2016 s. 4(5).

(4) It is a defence to the prosecution under subsection (3) if the occupier of the outdoor drinking area proves that the occupier of the outdoor drinking area—

S. 5D(4)(a) amended by No. 51/2024 s. 15(b).

(a) could not reasonably be expected to have been aware that the contravention of section 5C(1A) was occurring; or

(b) the contravention of section 5C(1A) occurred during a period of 3 months starting on the day that the outdoor dining area was first used as an outdoor dining area.

S. 5E (Heading) amended by No. 55/2016 s. 4(6)(a).

S. 5E inserted by No. 31/2002 s. 9, substituted by No. 45/2005 ss 5, 24.