Clause 12

in relation to any specified premises (other than a conveyance), means the person in occupation, or having the charge, management or control, of the specified premises; or

in relation to any part of specified premises (other than a conveyance), different parts of which are occupied by different persons, means the person in occupation, or having the charge, management or control, of that part,but does not include a lodger;“owner” —

in relation to any premises (other than a conveyance), means the person for the time being receiving the rent of the premises, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the rent if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960;

in relation to any premises (other than a conveyance) where building works are carried out, includes the developer;

in relation to the common property of any subdivided building, includes the management corporation established under the Building (Strata Management) Act 2004 having control of the building, or the person receiving any rent or charge for the maintenance of that common property; or

in relation to the limited common property of any subdivided building, includes the subsidiary management corporation established under the Building (Strata Management) Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property;“relevant personnel” of a responsible person means an individual who —

is under the charge or supervision of the responsible person; and

is employed in or on the specified premises;“responsible person” of any specified premises means —

in the case of a conveyance, the owner of the conveyance or any ticket or tour conductor, driver, ticket inspector or person who has charge or control of the conveyance; or

in any other case —

the occupier of the specified premises; or

where there is no occupier, the owner of the specified premises;“specified premises” means any premises that are prescribed for the purposes of this Part.Duties of responsible persons of specified premises19W.—

If any individual is found in possession of any section 15 tobacco product, vaporiser or imitation tobacco product in contravention of this Act in or on any specified premises, the responsible person of the specified premises must —

inform that individual to dispose of that thing immediately and that the possession of that thing is an offence under this Act; and

if that individual refuses, neglects or fails to dispose of that thing, request the individual to leave the specified premises immediately.(2) If any individual uses any section 15 tobacco product, vaporiser or imitation tobacco product in contravention of this Act in or on any specified premises, the responsible person of the specified premises must —

inform that individual to stop using and dispose of that thing immediately and that the possession or use of that thing is an offence under this Act; and

if that individual refuses, neglects or fails to stop using and dispose of that thing, request the individual to leave the specified premises immediately.(3) If an individual mentioned in subsection (1) or (2) refuses to leave the specified premises, the responsible person of the specified premises must —

seek the assistance of any authorised officer; and

provide reasonable assistance to the authorised officer to deal with that individual in accordance with section 23(1)(a) and (d).(4) Where an individual (X) is aware that another individual (Y) is in possession of or is using any section 15 tobacco product, vaporiser or imitation tobacco product in contravention of this Act in or on any specified premises —

X may lodge a complaint with the responsible person of the specified premises; and

it is the duty of the responsible person —

to take all reasonable steps to investigate into the complaint; and

if the complaint is found to be true, to take action in accordance with subsection (1), (2) or (3) against Y.(5) If the responsible person of any specified premises fails or neglects to comply with —

subsection (1) or (3) in relation to any individual whom the responsible person knows or ought reasonably to know is in possession of a section 15 tobacco product, a vaporiser or an imitation tobacco product;

subsection (2) or (3) in relation to any individual whom the responsible person knows or ought reasonably to know is using a section 15 tobacco product, a vaporiser or an imitation tobacco product; or

subsection (4)(b) in relation to any complaint mentioned in subsection (4)(a),the responsible person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.(6) For the purposes of subsection (5)(a), a responsible person of any specified premises is presumed, until the contrary is proved, to have the knowledge mentioned in that provision where a relevant personnel of the responsible person knows that an individual is in possession of a section 15 tobacco product, a vaporiser or an imitation tobacco product in or on the specified premises.(7) For the purposes of subsection (5)(b), a responsible person of any specified premises is presumed, until the contrary is proved, to have the knowledge mentioned in that provision where a relevant personnel of the responsible person knows that an individual is using a section 15 tobacco product, a vaporiser or an imitation tobacco product in or on the specified premises.(8) A person who hinders, obstructs, threatens, abuses, molests or assaults any responsible person in the performance of the responsible person’s duties under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.(9) A responsible person of any specified premises is not liable to repay or refund any fee or other consideration paid by an individual —

where the specified premises is a conveyance, for the purpose of transportation; or

in any other case, for the purpose of gaining admission into the specified premises,where that individual has been informed to leave the specified premises in accordance with subsection (1)(b) or (2)(b).(10) Nothing in this section requires a responsible person of any specified premises or any relevant personnel of the responsible person —

to search any individual (X) in or on the specified premises;

to search any bag or thing belonging to or in the possession of X; or

to require X to reveal the contents of X’s pockets, if any.(11) Nothing in this section affects the liability of any individual for an offence under section 15, 16 or 16A.(12) Nothing in this section affects any obligation of a responsible person under the Smoking (Prohibition in Certain Places) Act 1992, where the responsible person is the manager of a specified place or the operator of a specified vehicle within the meaning given by that Act.”.