Health (Smoking in Enclosed Public Places) Regulations 2003


10/Dec/2003 - Current (at 31 Dec 2005)
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    12. Offence by occupier

    (1) If a person commits an offence under regulation 4(2) or 6 the occupier of the enclosed public place commits an offence.

    (2) It is a defence to a prosecution for an offence under subregulation (1) if the defendant proves that neither the defendant nor any employee or agent of the defendant provided any ashtray, matches, lighter, or other thing that could facilitate smoking, in the enclosed public place or non-smoking area of the place and that

    (a) neither the defendant nor any employee or agent of the defendant was aware, or could reasonably be expected to have been aware, that the offence was occurring; or

    (b) as soon as the defendant or an employee or agent of the defendant became aware that the offence was occurring, the defendant or an employee or agent of the defendant

    (i) informed the person concerned that the person was committing an offence;

    (ii) requested the person to stop smoking in the enclosed public place or non-smoking area and to extinguish, and properly dispose of, the tobacco product; and

    (iii) (if the person failed to comply with a request under subparagraph (ii)) requested the person to leave the enclosed public place or non-smoking area until the person finished smoking the tobacco product.

    [(iv), (v) deleted]

    [Regulation 12 amended in Gazette 10 Dec 2003 p. 5029.]



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.