Western Australian Current Acts

TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 107D

107D .         No smoking in or on vehicles if under 17 year old present

        (1)         In this section —

        child —

            (a)         means any boy or girl who has not reached 17 years of age; and

            (b)         in the absence of positive evidence as to age, means any boy or girl who apparently has not reached 17 years of age;

        road means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island on it and any parking area in a public place;

        vehicle means any thing used or capable of being used to transport people or goods on roads.

        (2)         A person must not smoke in or on a vehicle if —

            (a)         the vehicle is on a road; and

            (b)         any other person in or on the vehicle is a child.

        Penalty: a fine of $1 000.

        [Section 107D inserted: No. 22 of 2009 s. 9.]