Health (Smoking in Enclosed Public Places) Regulations 2003



    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)

    (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

    (a) contain

    (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;

    and

    (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

    (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.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.