Smoke-free Environments Act 1990 No 108 (as at 01 January 2009), 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.

    Subsections (2A) and (2B) were inserted, as from 1 January 2004, by section 6(2) Smoke-free Environments Amendment Act 2003 (2003 No 127).

    Subsection (8A) was inserted, as from 29 July 1997, by section 5 Smoke-free Environments Amendment Act 1997 (1997 No 32).

    Subsection (9) was repealed, as from 1 June 2004, by section 41(3) Civil Aviation Amendment Act 2004 (2004 No 8).

    Section 17 was substituted, as from 10 December 2004, by section 12 Smoke-free Environments Amendment Act 2003 (2003 No 127).