s. 5C in the case of a natural person, or 50 penalty units, in the case of a body corporate. S. 5B(2) (2) It is a defence to a prosecution under amended by subsection (1) if the accused proves that the No. 68/2009 accused did not provide an ashtray, matches, a s. 97(Sch. item 120.1). lighter or any other thing designed to facilitate smoking where the contravention occurred and that— (a) the accused was not aware, and could not S. 5B(2)(a) amended by reasonably be expected to have been aware, No. 68/2009 s. 97(Sch. that the contravention was occurring; or item 120.1). S. 5B(2)(b) (b) the accused— amended by No. 68/2009 (i) requested the person contravening to s. 97(Sch. stop smoking; and item 120.1). (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 * * * * * S. 5BA inserted by No. 31/2002 s. 8, repealed by No. 45/2005 s. 5. S. 5C 5C Outdoor dining or drinking areas: offence by inserted by smoker No. 43/2000 s. 7(2), (1) A person must not smoke in an outdoor dining or amended by Nos 28/2001 drinking area if— s. 5, 31/2002 s. 10(a), (a) the area has a roof and walls in place; and substituted by No. 45/2005 (b) the total actual area of the wall surfaces ss 5, 24. exceeds 75% of the total notional wall area. 5 penalty units. (2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.
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 S. 5BA inserted by No. 31/2002 s. 8, repealed by No. 45/2005 s. 5. s. 5C * * * * * 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. 5C Outdoor dining or drinking areas: offence by smoker (1) A person must not smoke in an outdoor dining or drinking area if— (a) the area has a roof and walls in place; and (b) the total actual area of the wall surfaces exceeds 75% of the total notional wall area. 5 penalty units. (2) If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.