s 3C Requirements for smoking facilities
3C.—(1) The Agency may, with the approval of the Minister, prescribe the specified places in which a smoking facility may be located and the requirements for a smoking facility in those specified places.[39/2018] (2) For the purposes of subsection (1), different requirements may be prescribed —(a) in relation to different specified places; (b) in relation to different classes of specified places; or (c) in relation to specified places within and outside a no‑smoking zone.[39/2018] (3) Where a specified place is prescribed as a specified place in which a smoking facility may be located, the manager of the specified place, or the Director‑General (in accordance with subsection (4)), may designate an area or a room in the specified place as a smoking facility.[39/2018] (4) Before designating a smoking facility in a specified place, the Director‑General must —(a) give written notice to the manager of the specified place of the Director‑General’s intention to designate a smoking facility in the specified place and when the designation is to take effect; and (b) give the manager of the specified place an opportunity to submit reasons, within the period specified in the notice, why the Director‑General should not designate a smoking facility in the specified place.[39/2018] (5) The manager of a specified place must ensure that every smoking facility within the specified place complies with the requirements prescribed for a smoking facility in such a specified place.[39/2018] (6) A manager of a specified place who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —(a) to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; and (b) in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.[39/2018] (7) In proceedings for an offence under subsection (6), it is a defence for the manager of the specified place to prove that —(a) it was not reasonably practicable to do more than what was in fact done to comply with subsection (5); or (b) there was no better practicable means than what was in fact used to comply with subsection (5).[39/2018]