AustLII Tasmanian Consolidated Acts

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PUBLIC HEALTH ACT 1997 - SECT 67C

67C. Smoking in smoke-free areas prohibited

      (1) A person must not smoke in a smoke-free area.

Penalty:

Fine not exceeding 20 penalty units.

      (2) It is a defence in proceedings for an offence under subsection (1) for a person to prove that he or she –

(a) did not know, and could not reasonably be expected to have known, that the place where the person was smoking was a smoke-free area; or

(b) stopped smoking as soon as requested to do so; or

(c) in the case of a smoke-free area referred to in section 67B(1)(e), was unable to comply because there were less than 6 metres between entrances or exits of the building.

      (3) A nominated officer may require a person who is smoking in a smoke-free area to stop smoking.

      (4) A person must not fail or refuse to comply with a requirement of the nominated officer under subsection (3).

Penalty:

Fine not exceeding 5 penalty units.



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