Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26V

26V Offence by occupier

(1) If a person contravenes section 26R(1), an occupier of the enclosed place where the contravention happens commits an offence.

Maximum penalty--140 penalty units.

(2) However, it is a defence for the occupier to prove--

(a) the occupier was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or
(b) the occupier, or an employee or agent of the occupier--
(i) directed the person to stop smoking; and
(ii) told the person it was an offence not to comply with a direction to stop smoking.


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