Tobacco and Other Smoking Products Act 1998
sec.126Offence by major event organiser
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sec.126 Offence by major event organiser
If a person contravenes section 125 (1) , the major event organiser of the major event facility, or the part of the facility, where the contravention happened, commits an offence. Maximum penalty—140 penalty units. It is a defence to a charge under subsection (1) for the major event organiser to prove— the major event organiser was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or the major event organiser, or an employee or agent of the major event organiser— directed the person to stop smoking; and told the person it was an offence not to comply with a direction to stop smoking. s 126 ins 2016 No. 6 s 9 amd 2023 No. 16 s 3 sch 1 (sec.126-ssec.1) If a person contravenes section 125 (1) , the major event organiser of the major event facility, or the part of the facility, where the contravention happened, commits an offence. Maximum penalty—140 penalty units. (sec.126-ssec.2) It is a defence to a charge under subsection (1) for the major event organiser to prove— the major event organiser was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or the major event organiser, or an employee or agent of the major event organiser— directed the person to stop smoking; and told the person it was an offence not to comply with a direction to stop smoking.
- (a) the major event organiser was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or
- (b) the major event organiser, or an employee or agent of the major event organiser— (i) directed the person to stop smoking; and (ii) told the person it was an offence not to comply with a direction to stop smoking.
- (i) directed the person to stop smoking; and
- (ii) told the person it was an offence not to comply with a direction to stop smoking.
- (i) directed the person to stop smoking; and
- (ii) told the person it was an offence not to comply with a direction to stop smoking.