Tobacco and Other Smoking Products Act 1998
sec.143Offence by organiser
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sec.143 Offence by organiser
If a person contravenes section 141 (1) , the organiser of the outdoor market commits an offence. Maximum penalty—140 penalty units. It is a defence to a charge under subsection (1) for the organiser of the outdoor market to prove that— the organiser was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or the organiser, or an employee or agent of the organiser— directed the person to stop smoking; and told the person it was an offence not to comply with the direction to stop smoking. s 143 prev s 26ZG ins 2004 No. 47 s 40 amd 2014 No. 60 s 105 sch 1 om 2016 No. 6 s 11 pres s 143 ins 2023 No. 16 s 46 (sec.143-ssec.1) If a person contravenes section 141 (1) , the organiser of the outdoor market commits an offence. Maximum penalty—140 penalty units. (sec.143-ssec.2) It is a defence to a charge under subsection (1) for the organiser of the outdoor market to prove that— the organiser was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or the organiser, or an employee or agent of the organiser— directed the person to stop smoking; and told the person it was an offence not to comply with the direction to stop smoking.
- (a) the organiser was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or
- (b) the organiser, or an employee or agent of the organiser— (i) directed the person to stop smoking; and (ii) told the person it was an offence not to comply with the direction to stop smoking.
- (i) directed the person to stop smoking; and
- (ii) told the person it was an offence not to comply with the direction to stop smoking.
- (i) directed the person to stop smoking; and
- (ii) told the person it was an offence not to comply with the direction to stop smoking.