14. Occupier to display signs
(1) An occupier of an enclosed public place where smoking is prohibited or of a non-smoking area must display, or cause to be displayed, at the place or area signs that comply with the requirements of subregulation (2) ¾
(a) in such numbers; and
(b) in such positions,
as would ensure that a sign is likely to be seen by a person at a public entrance to the place or by a person in the place or area.
(2) A sign must ¾
(a) contain ¾
(i) the phrase }no smoking~ or }smoking prohibited~ in letters that are at least 20 mm in height;
(ii) the smoking prohibited symbol with a diameter of at least 70 mm; or
(iii) other words or symbols that indicate clearly that smoking is prohibited;
(b) indicate clearly where smoking is prohibited.
(3) A person who contravenes subregulation (1) commits an offence.
(4) It is a defence to a prosecution for an offence under subregulation (3) if the defendant proves that ¾
(a) persons within the place or area could reasonably be expected to know, by custom or otherwise, that smoking is not permitted in the place or area; and
(b) persons do not usually smoke in the place or area.