Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26Y

26Y Person smoking must stop when directed

(1) A person contravening section 26X(1) must comply with a direction to stop the contravention by--

(a) an authorised person; or
(b) an occupier of the outdoor eating or drinking place where the contravention is happening, or an employee or agent of the occupier.

Maximum penalty--20 penalty units.

(2) If a person (the first person) does not comply with a direction to stop the contravention, a person (the second person) conducting an on-site food service must not provide food or drink to the first person while the first person continues to contravene section 26X(1).

Maximum penalty--140 penalty units.

(3) However, for subsection (2), it is a defence for the second person to prove that the second person was not aware, and could not have reasonably been expected to be aware, that the contravention was happening.



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