Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 5C

Outdoor dining or drinking areas: offence by smoker

5C. Outdoor dining or drinking areas: offence by smoker



(1) A person must not smoke in an outdoor dining or drinking area if-

   (a)  the area has a roof and walls in place; and

   (b)  the total actual area of the wall surfaces exceeds 75% of the total
        notional wall area.

Penalty: 5 penalty units.

(2) If an inspector believes on reasonable grounds that a person is
contravening subsection (1), the inspector, on producing his or her identity
card, may direct the person to cease the contravention.





(3) A person who is contravening subsection (1) must not, without reasonable
excuse, fail to comply with a direction by an inspector to cease the
contravention.

Penalty: 5 penalty units.

(4) In this section-

total notional wall area means what would be the total area of the wall
surfaces if the walls were-

   (a)  at the perimeter of the roofed area; and

   (b)  continuous; and

   (c)  of a uniform height equal to the lowest height of the roof.