Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26Z

Offence by occupier

26Z Offence by occupier

(1) If a person contravenes section 26X (1) , the occupier of the outdoor eating or drinking place where the contravention happens commits an offence.
Penalty—
Maximum penalty—140 penalty units.
(2) However, it is a defence for the occupier to prove—
(a) the occupier was not aware, and could not have reasonably been expected to be aware, that the contravention was happening; or
(b) the occupier, or an employee or agent of the occupier—
(i) directed the person to stop smoking; and
(ii) told the person it was an offence not to comply with a direction to stop smoking.



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