5EOutdoor drinking areas: no smoking signs

5E Outdoor drinking areas: no smoking signs

S. 5E(1) amended by Nos 49/2009 s. 12, 55/2016 s. 4(6)(b)(c).

(1) The occupier of an outdoor drinking area in which smoking is prohibited by section 5C(1) or (1A) 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, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

S. 5E(2) amended by No. 55/2016 s. 4(6)(d).

(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the outdoor drinking area or from within the outdoor drinking area.

S. 5EA inserted by No. 55/2016 s. 7.

5EA Outdoor dining areas: offence by smoker

(1) A person must not smoke in an outdoor dining area.

(2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.

(3) A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.

S. 5EB inserted by No. 55/2016 s. 7.

5EB Outdoor dining areas: offence by occupier

(1) If smoking occurs in an outdoor dining area, in contravention of section 5EA, 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.

(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. 5EB(2)(a) amended by No. 51/2024 s. 16.

S. 5EC inserted by No. 55/2016 s. 7.

5EC Outdoor dining areas: no smoking signs

(1) The occupier of an outdoor dining area in which smoking is prohibited by section 5EA, 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, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

(2) The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the outdoor dining area or from within the outdoor dining area.