Australian Capital Territory Numbered Acts

SMOKE-FREE AREAS (ENCLOSED PUBLIC PLACES) (NO. 63 OF 1994) - SECT 14

14. (1) If a person contravenes subsection 13 (1), an occupier of the enclosed public place, or the part of such a place, where the contravention occurred is guilty of an offence punishable on conviction by a fine not exceeding—

        (a)     in the case of a natural person—$1,000; or

        (b)     in the case of a body corporate—$5,000.

(2) It is a defence to a prosecution under subsection (1) if the defendant establishes that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention of subsection 13 (1) occurred and that—

        (a)     he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

        (b)     he or she—

              (i)     requested the person contravening to stop smoking; and

              (ii)     informed the person that the person was committing an offence.

(3) An occupier of an enclosed public place shall not, without reasonable excuse, fail to display, in the prescribed manner (if any), the prescribed signs within that place.

Penalty:

        (a)     if the offender is a natural person—$500;

        (b)     if the offender is a body corporate—$2,500.

(4) Where—

        (a)     smoking is prohibited in a part of an enclosed public place; and

        (b)     smoking is not prohibited in another part of that place;

the occupier of that place shall not, without reasonable excuse, fail to take reasonable steps to prevent smoke from the first-mentioned part from penetrating the other part.

Penalty:

        (a)     if the offender is a natural person—$1,000;

        (b)     if the offender is a body corporate—$5,000.