Who is responsible for ensuring that no person smokes in premise or vehicle where smoking is prohibited?
The proprietor or occupier of such premise or the proprietor of such vehicle shall at all times:
- display a sign as specified in the Control of Tobacco Product Regulations 2004 - Third Schedule (Malay: Peraturan-Peraturan Kawalan Hasil Tembakau 2004 - Jadual Ketiga) with regards to the prohibition of smoking at any conspicuous part of the premise or vehicle; and
- ensure that no person smokes in the premise or vehicle.
Any person who contravenes regulation (a) commits an offence and shall on conviction be liable to a fine not exceeding RM3,000 or to imprisonment for a term not exceeding six (6) months.
Any person who contravenes regulation (b) commits an offence and shall on conviction be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding one (1) year.
Where an offence under regulation (b) is committed by the proprietor or the occupier of the premise, or the proprietor of the vehicle, it shall be a defence for the person charged to prove that he had taken all reasonable steps to ensure that no person smokes in the premise or vehicle.
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