Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 5D

Outdoor dining or drinking areas: offence by occupier

5D. Outdoor dining or drinking areas: offence by occupier



(1) If smoking occurs in an outdoor dining or drinking area, in contravention
of section 5C, the occupier of the area 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.