Course I have an issue with it. It's just extreme rudeness and arrogance on their part to smoke on board. It's the law that the service is no smoking. I expect the law strictly upheld. I feel the crew also need more support on this.
Warning
Long Post
Here is the current legislation for the prohibition of smoking in NSW (
Smoke-free Environment Act 2000 No 69):
6
Smoke-free areas—enclosed public places
(1) Every enclosed public place is a smoke-free area for the purposes of this Act.
(2) Schedule 1 contains a list of examples of enclosed public places that are smoke-free areas (irrespective of the name by which the particular place is known).
(3) An enclosed public place is not a smoke-free area if it is an exempt area (see section 11).
6A
Smoke-free areas—outdoor public places
(1) An outdoor public place is a smoke-free area for the purposes of this Act if it is any of the following places (or part of any of those places):
(a) a place that is within 10 metres of children’s play equipment but only if the children’s play equipment is in an outdoor public place,
(b) a swimming pool complex,
(c) an area set aside for or being used by spectators to watch an organised sporting event at a sports ground or other recreational area, but only when an organised sporting event is being held there,
(d) the platform of a passenger railway or light rail station,
(e) a ferry wharf,
(f) a light rail stop (with light rail stop to include any area where persons queue or gather when waiting at a light rail stop),
(g) a bus stop (with bus stop to include any area where persons queue or gather when waiting at a bus stop),
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7
Offence of smoking in smoke-free area
(1) A person must not smoke in a smoke-free area.
Maximum penalty: 5 penalty units.
(2) A person who performs in a theatre or other performance space does not commit an offence under this section by smoking during the performance if smoking is a necessary part of the performance.
(3) It is a defence to a prosecution for an offence under subsection (1) if the defendant proves that he or she did not know, and could not reasonably be expected to have known, that the place in which the person was smoking was a smoke-free area.
9
Occupier to display signs
(1) The occupier of a smoke-free area must not fail to display within that area the signs (if any) prescribed by the regulations, in the manner (if any) prescribed by the regulations.
Maximum penalty:
(a) 5 penalty units, in the case of a natural person, or
(b) 25 penalty units, in the case of a body corporate.
(2) The regulations may exempt any public place, or class of public place, from subsection (1).
(3) The following outdoor public places are exempt from subsection (1):
(a) a place that is within 10 metres of children’s play equipment,
(b) a sports ground or other recreational area, unless the regulations otherwise provide in a particular case or class of cases,
(c) a light rail stop,
(d) a bus stop,
(e) a taxi rank,
(f) a place that is a smoke-free area because it is within 4 metres of a pedestrian access point to a building.
(4) The Director-General may enter into arrangements with any government or local government agency or body for the display of signs relating to smoking in an outdoor public place that is exempt from subsection (1) and in respect of which the government or local government agency or body is the occupier.
11
Meaning of “exempt area”
In this Act, exempt area, in relation to a club, hotel, nightclub or casino, means the area set aside in accordance with section 11A or 11B or a casino private gaming area, but does not include any area:
(a) required to be designated as a smoke-free area under regulations referred to in section 12, or
(b) that is the subject of a declaration in force under section 13.
A penalty unit in NSW is defined in section 17 of the
Crimes (Sentencing Procedure) Act 1999 No 92:
Unless the contrary intention appears, a reference in any Act or statutory rule to a number of penalty units (whether fractional or whole) is taken to be a reference to an amount of money equal to the amount obtained by multiplying $110 by that number of penalty units.