The law requires the owner or occupier of an enclosed workplace or an enclosed public place to display “no smoking” signs. The regulations specify the content, size and placement of the signs.

Violators of this duty are subject to a fixed penalty of: (i) in the case of an individual, $1,000; or (ii) in the case of a body corporate, $10,000. If the fixed penalty is not paid within 14 days, upon
conviction by a court, violators are liable to: (a) in the case of an individual: a fine not exceeding $2,000, a term of imprisonment not exceeding 12 months, or both; or (b) in the case of a body corporate, a fine not exceeding $20,000. In addition, if the violator pleads guilty or is convicted, the court must impose court costs of $150.

In addition, an enforcement officer also may direct a violator to take steps to prevent future violations and remedy the violation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs. To more fully align, the law should provide for increasing fines, as well as license suspension or cancellation, for repeated violations.

The law does not directly impose a duty on business owners, employers or supervisors to remove ashtrays. However, the law holds business owners and occupiers liable if “a person smokes with the approval of the owner or occupier.” Under the law, it is a defense if the owner/occupier proves that they did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking and that they either were not aware of the person smoking or had requested the person to stop smoking. Therefore, a duty to remove ashtrays is implied.

Business owners and operators who allow a person to smoke with their approval are subject to a fixed penalty of: (i) in the case of an individual, $1,000; or (ii) in the case of a body corporate, $10,000. If the fixed penalty is not paid within 14 days, upon conviction by a court, violators are liable to: (a) in the case of an individual: (i) forfeiture of any remaining tobacco products; and (ii) a fine not exceeding $2,000, a term of imprisonment not exceeding 12 months, or both; or
(b) in the case of a body corporate, forfeiture of any remaining tobacco
products and a fine not exceeding $20,000. In addition, if the violator pleads guilty or is convicted, the court must impose court costs of $150.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises and specify appropriate penalties for violations.

The law does not directly impose a duty on business owners, employers or supervisors to take steps to require a person to stop smoking. However, the law holds business owners and occupiers liable if “a person smokes with the approval of the owner or occupier”. Under the law, it is a defense if the owner/occupier proves that they did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking and that they either were not aware of the person smoking or had requested the person to stop smoking. Therefore, a duty to request a person to stop smoking is implied.

Business owners and operators who allow a person to smoke with their approval are subject to a fixed penalty of: (i) in the case of an individual, $1,000; or (ii) in the case of a body corporate, $10,000. If the fixed penalty is not paid within 14 days, upon conviction by a court, violators are liable to: (a) in the case of an individual: (i) forfeiture of any remaining tobacco products; and (ii) a fine not exceeding $2,000, a term of imprisonment not exceeding 12 months, or both; or
(b) in the case of a body corporate, forfeiture of any remaining tobacco
products and a fine not exceeding $20,000. In addition, if the violator pleads guilty or is convicted, the court must impose court costs of $150.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking in a smoke free area and specify appropriate penalties for violations. 

The law imposes a duty upon individuals not to smoke where prohibited. A violation of this duty by an individual is subject to a fixed penalty of $1,000. If the fixed penalty is not paid within 14 days, upon conviction by a court, an individual is liable to: (i) forfeiture of any remaining tobacco products; and (ii) a fine not exceeding $2,000 or a term of imprisonment not exceeding 12 months or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited.