Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 15G

Offence by occupier

15G. Offence by occupier



(1) If smoking occurs in an area or premises while an underage music/dance
event is taking place there, in contravention of section 15F, the occupier of
the area or premises is guilty of an offence and liable to a penalty not
exceeding 5 penalty units.

(2) It is a defence to a prosecution under subsection (1) if the defendant
proves that the defendant did not provide an ashtray, matches, a lighter or
any other thing designed to facilitate smoking where the contravention
occurred and that-

   (a)  the defendant was not aware, and could not reasonably be expected to
        have been aware, that the contravention was occurring; or

   (b)  the defendant-

        (i)    requested the person contravening to stop smoking; and

        (ii)   informed the person that the person was committing an offence.