(1) A person must not smoke in an outdoor dining or drinking area if—
(a) the area has a roof and walls in place; and
(b) the total actual area of the wall surfaces exceeds 75% of the total notional wall area.
Penalty: 5 penalty units.
(2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.
(3) A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.
Penalty: 5 penalty units.
(4) In this section—
"total notional wall area" means what would be the total area of the wall surfaces if the walls were—
(a) at the perimeter of the roofed area; and
(b) continuous; and
(c) of a uniform height equal to the lowest height of the roof.
S. 5D inserted by No. 43/2000 s. 7(2), amended by No. 28/2001 s. 6, substituted by No. 45/2005 ss 5, 24.