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.
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
(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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