TOBACCO ACT 1987 - SECT 5C Outdoor drinking areas: offence by smoker

TOBACCO ACT 1987 - SECT 5C

S. 5C(1) amended by No. 55/2016 s. 4(2)(c).

    (1)     A person must not smoke in an outdoor 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.

S. 5C(1A) inserted by No. 55/2016 s. 4(3).

    (1A)     A person must not smoke in an outdoor drinking area if—

        (a)     any part of the outdoor drinking area is within 4 metres of an outdoor dining area, irrespective of whether or not the outdoor drinking area and the outdoor dining area are operated by the same occupier; and

S. 5C(1A)(b) amended by No. 42/2022 s. 67(a).

        (b)     the outdoor drinking area and the outdoor dining area are not separated by a wall that is at least 2·1 metres high.

Penalty:     5 penalty units.

S. 5C(1B) inserted by No. 55/2016 s. 4(3).

    (1B)     It is a defence to a prosecution under subsection (1A) if the accused proves that the accused was not aware and could not reasonably be expected to have been aware, that the accused was contravening subsection (1A).

S. 5C(2) amended by No. 55/2016 s. 4(4)(a).

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

S. 5C(3) amended by No. 55/2016 s. 4(4)(a).

    (3)     A person who is contravening subsection (1) or (1A) 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.

S. 5D (Heading) amended by No. 55/2016 s. 4(4)(b).

S. 5D inserted by No. 43/2000 s. 7(2), amended by No. 28/2001 s. 6, substituted by No. 45/2005 ss 5, 24.