sec.136Offence by occupier

sec.136 Offence by occupier

If a person contravenes section 133 (1) , the occupier of the outdoor eating or drinking place where the contravention happens commits an offence. Maximum penalty—140 penalty units. It is a defence to a charge under subsection (1) for the occupier to prove— the occupier was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or the occupier, or an employee or agent of the occupier— directed the person to stop smoking; and told the person it was an offence not to comply with a direction to stop smoking. s 136 ins 2004 No. 47 s 40 amd 2023 No. 16 s 3 sch 1 (sec.136-ssec.1) If a person contravenes section 133 (1) , the occupier of the outdoor eating or drinking place where the contravention happens commits an offence. Maximum penalty—140 penalty units. (sec.136-ssec.2) It is a defence to a charge under subsection (1) for the occupier to prove— the occupier was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or the occupier, or an employee or agent of the occupier— 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 occupier was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or
• (b) the occupier, or an employee or agent of the occupier— (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.