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there are penalties for breaking the new laws

allowing smoking in nonsmoking areas is an offence

• It is an offence for the person in charge of the venue (the "occupier") to allow patrons to smoke in nonsmoking areas.
  
• May receive an on-the-spot infringement notice of $100.
  
• Penalties of up to $2,200 for an individual or $11,000 for a body corporate may apply if the offence is proven in court.

how can the "occupier" avoid getting a fine?

• Signage that complies with the regulations must be in place.
  
• No ashtrays should be available in nonsmoking areas.
  
• If a patron is smoking in a nonsmoking area, they must be asked to stop or to move to an area where smoking is allowed.
  
• If the patron continues to smoke, the venue must stop serving them.

smoking in a nonsmoking area is an offence

• It is an offence for a person to smoke in a nonsmoking area.
  
• May receive an on-the-spot infringement notice of $100.
  
• Penalties of up to $2,200 for an individual may apply if the offence is proven in court.

how can the person avoid getting a fine?

• If there were no signs indicating it was a nonsmoking area.
  
• If there was no other indication given by the venue that the area was a nonsmoking area (eg. Did not ask the person to stop smoking).
  
• If the person did not know, and could not reasonably be expected to know, that the area was a nonsmoking area.
  NOTE: If the person continues to smoke in a nonsmoking area after being asked to stop, they will be liable for a fine regardless of whether signage was present or not.

what a great time to QUIT!

For more information and support to Quit click here.

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