Page 3179 - Week 11 - Tuesday, 20 September 1994
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Clause 8
Amendment (by Mr Moore) proposed:
Page 3, line 30 to page 4, line 2, subclause (1), omit the subclause, substitute the following subclause:
"(1) A person shall not smoke in an enclosed public place if smoking in that place is prohibited by subsection 4A(1).".
Amendment (by Mr Connolly) agreed to:
After "4A(1)" add "or (2)".
Amendment (Mr Moore's), as amended, agreed to.
Clause, as amended, agreed to.
Clause 9
Amendment (by Mr Connolly) agreed to:
Page 4, subclause (2), lines 18 to 32, omit the subclause, substitute the following subclause:
"(2) It is a defence to a prosecution under subsection (1) if the defendant establishes that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention of subsection 8(1) occurred and that -
(a) he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or
(b) he or she -
(i) requested the person contravening to stop smoking; and
(ii) informed the person that the person was committing an offence.".
Amendment (by Mr Connolly) agreed to:
Page 4, subclause (3), lines 24 and 25, omit "in respect of which a declaration under subsection 5(1) is in force".
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