Western Australian Current Acts Western Australian Current Acts (1) A person must not
smoke in an outdoor eating area unless the place in which the person is
smoking is a smoking zone.
Penalty: a fine of $2 000.
(2) If a person
commits an offence under subsection (1) the occupier of the outdoor eating
area commits an offence.
Penalty: a fine of $2 000.
(3) If a person is
charged with an offence under subsection (2) it is a defence to prove that
—
(a)
neither the accused nor any employee or agent of the accused was aware, or
could reasonably be expected to have been aware, that the offence was
occurring; or
(b) as
soon as the accused or an employee or agent of the accused became aware that
the offence was occurring, the accused or an employee or agent of the accused
—
(i)
informed the person concerned that the person was
committing an offence; and
(ii)
requested the person to stop smoking in the outdoor
eating 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 outdoor eating area until
the person finished smoking the tobacco product.
(4) A responsible
person in relation to licensed premises may allocate as a smoking zone for the
premises one or more places in one or more outdoor eating areas to which a
restaurant licence does not apply, but the total area of all the smoking zones
for the premises must not exceed 50% of the total area of all the outdoor
eating areas to which a restaurant licence does not apply.
(5) For the purposes
of The Criminal Code section 338A(d) and any other written law, a person is
lawfully entitled to abstain from working in a smoking zone when the smoking
zone is open to, or being used by, the public or a section of the public.
[Section 107B inserted: No. 22 of 2009 s. 9.]