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

Penalty:  Fine not exceeding –

(a) in the case of a natural person, 10 penalty units; or

(b) in the case of a body corporate, 50 penalty units.

(2)  It is a defence in proceedings for an offence under subsection (1) for a person to prove that he or she or any of his or her employees or agents did not provide (otherwise than by sale) any ashtray, match or lighter or do any other thing to facilitate smoking in the smoke-free area and that the person or any of his or her employees or agents –

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

(b) took all of the following actions:

(i) requested the person to stop smoking in the smoke-free area;

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

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

(3)  A request under subsection (2)(b)(iii) that a person leave a smoke-free area does not affect any liability of the person to pay for any food or beverage supplied to, or ordered by, the person.