Australian Capital Territory Numbered Acts

SMOKING (PROHIBITION IN ENCLOSED PUBLIC PLACES) AMENDMENT ACT 2009 (NO. 51 OF 2009) - SECT 9

substitute

6     Offence to smoke in enclosed public place

    (1)     A person commits an offence if the person smokes in an enclosed public place.

Maximum penalty: 5 penalty units.

    (2)     An offence against this section is a strict liability offence.

7     Offence to smoke in enclosed public place in contravention of direction

    (1)     A person commits an offence if—

        (a)     the person smokes in an enclosed public place; and

        (b)     an inspector, or the occupier of the place, directs the person to stop smoking in the enclosed public place; and

        (c)     the person contravenes the direction.

Maximum penalty: 20 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     A person does not commit an offence against this section if—

        (a)     the direction was given by an inspector who is not a uniformed police officer; and

        (b)     when asked by the person, the inspector does not produce the inspector's identity card for inspection.

8     Offence by occupier—person smoking in enclosed public place

    (1)     The occupier of an enclosed public place commits an offence if a person smokes in the enclosed public place.

Maximum penalty: 10 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     The occupier does not commit an offence against this section if—

        (a)     the occupier was not aware, and could not reasonably be expected to have been aware, that the person was smoking in an enclosed public place; or

        (b)     the occupier directed the person to stop smoking in the enclosed public place and the person contravened the direction.