What is a due diligence defence under the legislation?
For an accused smoker, that they can demonstrate they did not know and could not reasonably be expected to have known the premises were no smoking. For a person who has management or control of the premises that they (or any employee or agent of theirs) took all reasonable precautions and exercised all due diligence to avoid commission of offence or there was no lawful or practicable means by which the accused person could prevent a person from smoking there. Critical to a due diligence defence for a manager etc. is to be able to demonstrate management control.
For an accused smoker, that they can demonstrate they did not know and could not reasonably be expected to have known the premises were no smoking. For a person who has management or control of the premises that they (or any employee or agent of theirs) took all reasonable precautions and exercised all due diligence to avoid commission of offence or there was no lawful or practicable means by which the accused person could prevent a person from smoking there. Critical to a due diligence defence for a manager etc. is to be able to demonstrate management control e.g. signage, smokefree policy, removal of ashtrays.
