Part 4Restrictions on smoking

Part 4—Restrictions on smoking 46—Smoking banned in enclosed public places, workplaces and shared areas (1) Smoking is banned in an enclosed public place, workplace or shared area. (2) If a person smokes in contravention of subsection (1), the person is guilty of an offence. (3) If smoking occurs in an enclosed public place in contravention of subsection (1), the occupier of the place is guilty of an offence. (i) for a first offence—$25 000; (ii) for a second or subsequent offence—$50 000; (i) for a first offence—$10 000; (ii) for a second or subsequent offence—$20 000. (4) If smoking occurs in an enclosed workplace in contravention of subsection (1), the employer with responsibility for the workplace under the Work Health and Safety Act 2012 is guilty of an offence. (i) for a first offence—$25 000; (ii) for a second or subsequent offence—$50 000; (i) for a first offence—$10 000; (ii) for a second or subsequent offence—$20 000. (5) It is a defence to an offence against subsection (3) or (4) if the defendant proves— (a) that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred; and (b) that— (i) he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or (ii) he or she requested the person smoking to stop smoking and informed the person that the person was committing an offence. 48—Smoking in motor vehicle if child present (1) A person must not smoke in a motor vehicle if a child is also present in the motor vehicle. (2) In proceedings for an offence against this section an allegation in the complaint that a child was present in a motor vehicle at a specified time will be accepted as proved in the absence of proof to the contrary. child means a person under 16 years of age; motor vehicle has the same meaning as in the Motor Vehicles Act 1959. 49—Smoking banned in certain public transport areas (1) A person must not smoke in a prescribed public transport area. (2) Without limiting any other provision of this Act, subsection (1) does not apply to a person smoking in a motor vehicle. (3) For the purposes of this section, a person will be taken to be in a prescribed public transport area if any part of the person is within the prescribed public transport area. (4) In proceedings for an offence against this section, an allegation in the complaint that a specified place is a prescribed public transport area will be accepted as proved in the absence of proof to the contrary. prescribed public transport area means— (a) any part of a bus stop, tram stop, railway station, taxi rank, airport or similar place that is— (i) a public area; and (ii) used or intended to be used, by passengers boarding or alighting from public transport; and (iii) wholly or partly covered by a roof; and (b) any public area within 5 m of a place described in paragraph (a); public transport includes— (a) a taxi service; and (b) a transport service provided by aircraft or vessel. 50—Smoking banned near certain playground equipment (1) A person in a public area must not smoke within 10 metres of any prescribed children's playground equipment. (2) Without limiting any other provision of this Act, subsection (1) does not apply to a person smoking in a motor vehicle. (3) For the purposes of this section— (a) a person will be taken to be in a public area if any part of the person is within the public area; and (b) a person will be taken to be within 10 metres of prescribed children's playground equipment if any part of the person is within 10 metres of any part of the prescribed children's playground equipment. (4) In proceedings for an offence against this section, an allegation in the complaint that— (a) specified equipment is children's playground equipment; or (b) specified children's playground equipment is prescribed children's playground equipment, will be accepted as proved in the absence of proof to the contrary. prescribed children's playground equipment means children's playground equipment (however described) that is located in a public area. 51—Smoking banned in certain public areas—short term bans (1) The Minister may, by notice in the Gazette, declare that smoking is banned in the public area or areas described, or shown on a map, in the notice and during a period not exceeding 90 days specified in the notice. (2) A notice under subsection (1)— (a) may be of general application or vary in its application in respect of each public area to which it applies; and (b) may exempt specified areas, specified circumstances or specified times from the operation of subsection (4); and (c) may be conditional or unconditional. (3) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1). (4) A person who smokes in contravention of a notice under subsection (1) is guilty of an offence. (5) The occupier of a public area to which a notice under subsection (1) applies must place signs in the area setting out the effect of the notice in the manner determined by the Minister by notice in the Gazette. (6) For the purposes of this section, a person will be taken to be in a particular area if any part of the person is within the area. 52—Smoking banned in certain public areas—longer term bans (1) The Governor may, by regulation, declare that smoking is banned in the public areas described, or shown on a map, in the regulations for the purposes of this section. (2) A person who smokes in a public area declared by the regulations to be a public area in which smoking is banned is guilty of an offence. (3) A regulation made under this section— (a) may exempt specified areas, specified circumstances or specified times from the operation of subsection (2); and (b) may be conditional or unconditional. (4) The occupier of a public area to which a declaration under this section applies must indicate the effect of the declaration to persons within the area in the manner prescribed by the regulations.