S. 5D(1) amended by No. 49/2009 s. 11.
(1) If smoking occurs in an outdoor dining or drinking area, in contravention of section 5C, the occupier of the area is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.
S. 5D(2) amended by No. 68/2009 s. 97(Sch. item 120.2).
(2) It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—
S. 5D(2)(a) amended by No. 68/2009 s. 97(Sch. item 120.2).
(a) the accused was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or
S. 5D(2)(b) amended by No. 68/2009 s. 97(Sch. item 120.2).
(b) the accused—
(i) requested the person contravening to stop smoking; and
(ii) informed the person that the person was committing an offence.
S. 5E inserted by No. 31/2002 s. 9, substituted by No. 45/2005 ss 5, 24.