Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person who is 16 years or older commits an offence if:
(a) the person smokes in a motor vehicle; and
(b) the motor vehicle is on a public street or in a public place; and
(c) another person is in the motor vehicle; and
(d) the other person is under 16 years of age.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) In proceedings for an offence against subsection (1), if it is proved that the other person appeared to be under the 16 years, the person is presumed to be under 16 years in the absence of evidence to the contrary.
Note for subsection (3)
The prosecution has a legal burden to prove that the person appeared to be under 16 years. The defendant has an evidentiary burden in relation to evidence to the contrary.
(4) In this section:
"public place "means a place the public is entitled to use or that is open to or used by the public, whether on payment of money or otherwise.