Victorian Current Acts Victorian Current ActsS. 15G(1) amended by No. 49/2009 s. 34.
(1) If smoking occurs in an area or premises while an underage music/dance event is taking place there, in contravention of section 15F, the occupier of the area or premises is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.
S. 15G(2) amended by No. 68/2009 s. 97(Sch. item 120.3).
(2) It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—
S. 15G(2)(a) amended by No. 68/2009 s. 97(Sch. item 120.3).
(a) the accused was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or
S. 15G(2)(b) amended by No. 68/2009 s. 97(Sch. item 120.3).
(b) the accused—
(i) requested the person contravening to stop smoking; and
(ii) informed the person that the person was committing an offence.
S. 15H inserted by No. 45/2005 s. 18.