New South Wales Consolidated Acts

SMOKE-FREE ENVIRONMENT ACT 2000 - SECT 8

8 Occupier not to allow smoking in smoke-free area

(1) If a person smokes in a smoke-free area in contravention of section 7, the occupier of the smoke-free area is guilty of an offence.

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) It is a defence to a prosecution for an offence under subsection (1) if the defendant establishes that neither the defendant nor any employee or agent of the defendant provided (otherwise than by sale) any ashtray, matches or lighter (or other thing that could facilitate smoking) in the smoke-free area concerned and that:

(a) neither the defendant nor any employee or agent of the defendant knew, or could reasonably be expected to have known, that the person concerned was smoking in the smoke-free area, or

(b) as soon as the defendant or any employee or agent of the defendant became aware that the person was smoking in the smoke-free area, the defendant (or that employee or agent of the defendant):

(i) required the person to stop smoking in the smoke-free area, and

(ii) informed the person that the person was committing an offence by smoking in the smoke-free area, and

(iii) if the person continued to smoke after having been required to stop, required the person to leave the smoke-free area.

(3) A requirement under subsection (2) (b) (iii) that a person leave a smoke-free area:

(a) does not affect any liability (whether arising under an Act, contract or otherwise) of the person to pay for any food or beverage supplied to or ordered by the person (whether or not it has been consumed), and

(b) may include a requirement that the person satisfy, or make arrangements for satisfying, any such liability before the person leaves the smoke-free area.