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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