Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26Z

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.