6. Duties of managers or operators of specified places or specified vehicles
Feedback & supportLast amended by an amending law of 2018.
The manager of any specified place or the operator of any specified vehicle must —
manager
“manager”, in relation to a specified place, means the occupier of the specified place, and where there is no occupier, the owner of the specified place;
inform any person who smokes in the specified place or specified vehicle in contravention of section 3(1) to cease smoking immediately, indicating the penalty provided under section 3(2); and
if the person refuses, neglects or fails to cease smoking, request the person to leave the specified place or specified vehicle immediately.
If the person refuses to leave the specified place or specified vehicle or to cease smoking, the manager or operator mentioned in subsection (1) must —
specified place
“specified place” has the meaning given by section 3A(3) and includes every place prescribed as a specified place under section 3A(1);
seek the assistance of any police officer or authorised officer; and
render any assistance that is reasonable to the officer to deal with that person in the manner provided in section 4.
Where any person contravenes section 3(1), any other person may lodge a complaint to the manager of the specified place and it is the duty of the manager of the specified place —
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) or (2) against the person smoking in the specified place.
If the manager of any specified place or the operator of any specified vehicle (as the case may be) fails or neglects to comply with —
operator
“operator”, in relation to a specified vehicle, means any owner, ticket or tour conductor, driver, ticket inspector or person who is in charge or control of the specified vehicle;
subsection (1) or (2) in relation to any person whom the manager or operator knows or ought reasonably to know is smoking in the specified place or specified vehicle in contravention of section 3(1); or
subsection (3) in relation to any complaint received by the manager that a person is smoking in the specified place in contravention of section 3(1),that manager or operator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.
For the purposes of subsection (4), a manager of a specified place is presumed, until the contrary is proved, to have the knowledge referred to in that subsection where a person who is under the manager’s charge or supervision and who is employed at the specified place knows that a person is smoking in the specified place in contravention of section 3(1).
smoking
“smoking” means inhaling and expelling the smoke of tobacco or any other substance and includes the holding of any cigar, cigarette, pipe or any other form of tobacco product which is alight or emitting smoke;
Any person who hinders, obstructs, threatens, abuses, molests or assaults any manager or operator in the performance of the manager’s or operator’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.
No manager of a specified place or operator of a specified vehicle shall be liable to repay or refund any fee or other consideration paid by a person for the purpose of gaining admission into a specified place or of transportation where that person has been informed to leave the specified place or specified vehicle in accordance with subsection (1).
specified vehicle
“specified vehicle” means a public service vehicle prescribed as a specified vehicle under section 3A(4), and includes any part of a specified vehicle;
Nothing in this section affects the liability of any person for an offence under section 3(2).