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Legislative Assembly for the ACT: 2000 Week 8 Hansard (29 August) . . Page.. 2601 ..
MR MOORE (continuing):
No 2-
Schedule 1, Item [1.28], page 14, line 26, omit the item, substitute the following item:
"[1.28] Subsections 24 (1B) and (1C)-
Omit the subsections, substitute the following subsection:
"(1B) A person commits an offence in relation to each day during any part of which the person contravenes a notice under subsection (1).
Maximum penalty: 5 penalty units.".
No 3-
Schedule 2, Item [2.4], page 24, line 14, omit the item, substitute the following item:
"[2.4] Section 13-
Omit the section, substitute the following section:
"13 Offences by smokers
"(1) A person must not smoke in an enclosed public place if smoking in the place is prohibited by subsection 5 (1) or (2).Maximum penalty units: 5 penalty units.
"(2) It is a defence to a prosecution under subsection (1) if the defendant establishes that he or she held or had control of an ignited substance prepared for human consumption for the purpose only of extinguishing or removing it from the enclosed public place (or, if smoking is prohibited in a part of the enclosed public place, removing it from that part of the place).
"(3) A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction to cease the contravention given by-
(a) an inspector; or
(b) an occupier of the enclosed public place, or the part of such a place, where the contravention is occurring; or
(c) an employee or agent of such an occupier.
Maximum penalty (for subsection (3)): 5 penalty units.".
No 4-
Schedule 2, page 24, line 19, after item [2.5], insert the following new items:
"[2.5A] Subparagraph 14 (2) (b) (ii)-
Add at the end ', or'.
[2.5B] New paragraph 14 (2) (c)-
After subparagraph 14 (2) (b) (ii), insert the following paragraph:
(c) the person who contravened subsection 13 (1) held or had control of the ignited substance prepared for human consumption for the purpose only of extinguishing or removing it from the enclosed public place (or, if smoking is prohibited in a part of the enclosed public place, removing it from that part of the place).".
I spoke to these amendments earlier. I do not need to say any more.
Amendments agreed to.
Bill, as a whole, as amended, agreed to.
Bill, as amended, agreed to.
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