Northern Territory Consolidated Acts Northern Territory Consolidated Acts10. Occupier commits offence
(1) If a person smokes in a smoke-free area, the occupier of the smoke-free area commits an offence.
Penalty: If the offender is a natural person - 20 penalty units.
If the offender is a body corporate - 100 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves -
(a) that the prescribed sign or signs had been displayed as required by section 8(1);
(b) that the defendant and his or her employees and agents did not encourage smoking in the smoke-free area (including but not limited to by not providing ashtrays for the area);
(c) that -
(i) the defendant and his or her employees and agents did not know, and could not reasonably have been expected to know, that the person was smoking; or
(ii) within a reasonable time of becoming aware that the person was smoking, the defendant or one of his or her employees or agents had asked the person to stop smoking or to move to an area in which smoking is not prohibited under this Act or the Regulations; and
(d) if applicable - that the defendant and his or her employees and agents had stopped providing the person smoking with goods and services.
(3) A person who is asked to stop smoking or to move in accordance with subsection (2)(c), or who is no longer being served in accordance with subsection (2)(d), remains liable to pay for any goods and services that the person has already been provided with, or has already ordered, but has not yet paid for.
(4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the person smoking was taking part in a bona fide theatrical performance and did not continue to smoke for longer than was necessary for the purposes of the performance.