Tobacco and Other Smoking Products Act 1998
sec.114No food or drink to be provided while person continues smoking after being directed to stop
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sec.114 No food or drink to be provided while person continues smoking after being directed to stop
This section applies if a person contravening section 112 (1) is directed to stop smoking by— an authorised person; or an occupier of an enclosed place where the contravention is happening; or an employee or agent of an occupier mentioned in paragraph (b) . If the person (the first person ) does not comply with the direction and the first person is at a place where food or drink is provided, a person (the second person ) conducting an on-site food service must not provide food or drink to the first person while the first person continues to contravene section 112 (1) . Maximum penalty—140 penalty units. It is a defence to a charge under subsection (2) for the second person to prove that the second person was not aware, and could not have reasonably been expected to be aware, that the contravention was happening. s 114 ins 2001 No. 20 s 26 amd 2004 No. 47 s 38 ; 2006 No. 46 s 288 ; 2023 No. 16 ss 27, 3 sch 1 (sec.114-ssec.1) This section applies if a person contravening section 112 (1) is directed to stop smoking by— an authorised person; or an occupier of an enclosed place where the contravention is happening; or an employee or agent of an occupier mentioned in paragraph (b) . (sec.114-ssec.2) If the person (the first person ) does not comply with the direction and the first person is at a place where food or drink is provided, a person (the second person ) conducting an on-site food service must not provide food or drink to the first person while the first person continues to contravene section 112 (1) . Maximum penalty—140 penalty units. (sec.114-ssec.3) It is a defence to a charge under subsection (2) for the second person to prove that the second person was not aware, and could not have reasonably been expected to be aware, that the contravention was happening.
- (a) an authorised person; or
- (b) an occupier of an enclosed place where the contravention is happening; or
- (c) an employee or agent of an occupier mentioned in paragraph (b) .