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PUBLIC HEALTH ACT 1997 - SECT 67H Restrictions on smoking in vehicles

PUBLIC HEALTH ACT 1997 - SECT 67H

Restrictions on smoking in vehicles

(1)  A person must not smoke inside a vehicle being used in the course of any employment if another person is inside the vehicle.
Penalty:  Fine not exceeding 20 penalty units.
(2)  A person must not smoke inside a vehicle if a child is inside the vehicle.
Penalty:  Fine not exceeding 20 penalty units.
(3)  A nominated officer who reasonably suspects that subsection (2) has been contravened may –
(a) require any person inside, on or near the relevant vehicle who appears to the nominated officer to have attained the age of 16 years to state their name, age and address and disclose what they know about the identity of any other person inside, on or near the vehicle; and
(b) require a person inside or apparently entering the relevant vehicle to cease, or not start, smoking; and
(c) if the nominated officer is a police officer, require a person apparently in charge or control of the relevant vehicle to stop the vehicle or keep it stationary.
(4)  A nominated officer who is a police officer may arrest a person without warrant if the nominated officer reasonably believes that the person –
(a) is not a child; and
(b) has, in respect of this section, committed an offence against section 154(2) or section 193 .
(5)  An allegation in a complaint in proceedings for an offence under subsection (2) that on a specified date a person was a child is evidence of that fact.