Smoke-free Environments Act 1990 No 108 (as at 23 July 2011), Public Act

17 Offences in respect of smoking
  • (1) An employer who fails to comply with section 5(1) commits an offence.

    (2A) The managers of any premises who fail to comply with section 7A(1) commit an offence.

    (2B) The occupier of any premises who fails to comply with section 7A(3) commits an offence.

    (3) The operator of an aircraft who, without reasonable excuse, permits a person to smoke in contravention of section 8(1) commits an offence.

    (4) The operator of a passenger service vehicle who, without reasonable excuse, permits a person to smoke in contravention of subsection (1) or subsection (1A) of section 9 commits an offence.

    (6) The owner or occupier of an area to which section 11 applies who, without reasonable excuse, permits any person to smoke in the area commits an offence.

    (7) A licensee who fails to comply with section 12(1) commits an offence.

    (8) The operator of a restaurant who fails to comply with section 13(1) commits an offence.

    (8A) The holder of a casino operator's licence who fails to comply with section 13A(1) commits an offence.

    (8B) The holder of a class 4 gambling venue licence who fails to comply with section 13B(1) commits an offence.

    (8C) An employer who, without reasonable excuse, fails to comply with section 15(6) commits an offence.

    (9) A person who smokes in contravention of section 8(2) commits an offence.

    Section 17: substituted, on 10 December 2004, by section 12 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).