Victorian Current Acts Victorian Current ActsS. 5B(1) amended by No. 49/2009 s. 10.
(1) If smoking occurs in an enclosed workplace, in contravention of section 5A, the occupier of the enclosed workplace is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.
S. 5B(2) amended by No. 68/2009 s. 97(Sch. item 120.1).
(2) It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—
S. 5B(2)(a) amended by No. 68/2009 s. 97(Sch. item 120.1).
(a) the accused was not aware, and
could not reasonably be expected to have been aware, that the contravention
was occurring; or
S. 5B(2)(b) amended by No. 68/2009 s. 97(Sch. item 120.1).
(b) the accused—
(i) requested the person contravening to stop smoking; and
(ii) informed the person that the person was committing an offence.
S. 5BA inserted by No. 31/2002 s. 8, repealed by No. 45/2005 s. 5.
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S. 5C (Heading) amended by No. 55/2016 s. 4(2)(b).
S. 5C inserted by No. 43/2000 s. 7(2), amended by Nos 28/2001 s. 5, 31/2002 s. 10(a), substituted by No. 45/2005 ss 5, 24.