Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 5B

Enclosed workplaces: offence by occupier

5B. Enclosed workplaces: offence by occupier



(1) If smoking occurs in an enclosed workplace, in contravention of section
5A, the occupier of the enclosed workplace 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.

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