New South Wales Consolidated Acts

SMOKE-FREE ENVIRONMENT ACT 2000 - SECT 10

10 Duty to prevent spread of smoke

(1) If a smoke-free area forms a part of premises in which smoking is elsewhere allowed, the occupier of the smoke-free area must take reasonable steps to prevent smoke caused by smoking in the other parts of those premises from penetrating the smoke-free area.

Maximum penalty:

(a) 10 penalty units in the case of a natural person, or

(b) 50 penalty units, in the case of a body corporate.

(2) If a smoke-free area forms a part of premises in which smoking is elsewhere allowed, the occupier of the other parts of those premises in which smoking is allowed must take reasonable steps to prevent smoke caused by smoking in those other parts from penetrating the smoke-free area.

Maximum penalty:

(a) 10 penalty units in the case of a natural person, or

(b) 50 penalty units, in the case of a body corporate.

(3) The Minister may issue guidelines from time to time as to what constitutes reasonable steps to prevent the penetration of smoke into smoke-free areas.

(4) An occupier who, in relation to premises or a part of premises, complies with any guidelines in force for the time being under subsection (3) is to be considered as having taken all reasonable steps as referred to in subsections (1) and (2) in relation to those premises or that part.