Understanding Smoke-Free Laws & Policy in Australia

If you’re a regular smoker, it’s a good idea to be aware of the laws you might be breaking each time you light up. 

In Australia, there are strict smoke-free laws in place, designed to protect not just the environment and non-smokers.

However, even smokers themselves from the harmful effects of tobacco.

Ignoring these regulations could hit you where it hurts—your wallet. You could face hefty fines and penalties depending on which state or territory you’re in. 

Chat to a prescriber
  Bulk-billed phone consultations
  TGA-authorised clinicians
  Nicotine vaping scripts available

Get started                                

It’s worth knowing the rules to avoid unnecessary trouble. Let’s learn more about it in this post.

The Smoke-Free Act of 2000

Over the years, the Australian government has made continuous efforts to cut down on harmful smoke emissions from vehicles, factories, cigarettes, and other sources. 

One key result of these efforts was the introduction of the Smoke-Free Act of 2000. 

This legislation was created not only for the sake of environmental safety but also to establish clear rules for where people can smoke in various public spaces.

Under this act, smoking areas in places such as bars, clubs, casinos, outdoor parks, and other commercial or entertainment venues, are limited to just 25% of the total space. 

Residential properties are the exception, but for everywhere else, the rules are clear.

With the Smoke-Free Act in place, smoking in places like restrooms, foyers, lobbies, dance floors, and any area outside of the designated smoking zone is strictly prohibited. 

So, smokers can’t just light up wherever they fancy, and it’s not only their responsibility. Establishment owners must properly label and maintain designated smoking areas. 

If they fail to do so, they’re breaking the law just as much as anyone lighting a cigarette in the wrong place. 

The Smoke-Free Act of 2000 helps keep public spaces healthier and ensures that non-smokers aren’t exposed to second-hand smoke where they shouldn’t be.

Smoke-Free Regulations in Various Territories

The whole country adheres to the Smokefree Act of 2000, but it’s important to remember that each state and territory has its own variations of the law. 

So, if you’re travelling to different parts of Australia, familiarise yourself with the specific rules in each area to avoid any trouble.

Australian Capital Territory (ACT)

In the Australian Capital Territory (ACT), both smokers and establishment owners have specific rules they need to follow when it comes to smoking areas. 

One of the key regulations is that designated smoking spaces in any establishment must not exceed 25% of the total size of the venue. 

This could be anything from a small room inside the building to an outdoor space, but it must be clearly marked as a smoking area so that everyone is aware of where they can and can’t smoke.

It’s important to note that the ACT uses a ‘penalty unit’ system to calculate fines for breaking the law. Each penalty unit represents a set amount of money. 

For example, if you’re hit with a fine for 20 penalty units, it could end up costing you around $3,000. 

So, whether you’re a smoker or a business owner, it’s worth paying close attention to the rules to avoid any hefty penalties.

New South Wales

Similar to the Australian Capital Territory, smokers in NSW can only light a stick in designated areas that do not exceed a quarter of the total space. Furthermore, NSW disallows smoking in outdoor zones except for designated areas, and smoking inside a vehicle with a person under 16 years old is against the law. 

Fines can begin with a caution and reach a maximum of $300 per incident of breaking the law.

Northern Territory

In the Northern Territory, they follow the same spirit of the law established by The Smoke Free Act of 2000. Smokers can only consume tobacco in the designated smoking areas of various entertainment and commercial establishments.

The government’s penalty unit system determines the fines or consequences of repeatedly breaking the smoking law, which can begin with a simple $1,000 fine and go higher from there.

Queensland

If you’re in Queensland, you might need to concentrate on your quit-smoking efforts – smokers cannot consume tobacco almost anywhere except designated outdoor spaces. 

Moreover, the local government also monitors and penalises anyone who creates a ‘smoke-drift,’ a common occurrence in multi-unit or multi-story housing where excessive indoor smoking drifts to other households as secondhand smoke.

Like other territories, Queensland uses penalty units to determine the fines associated with breaking smoking laws. 

South Australia

South Australia implements the strictest regulations based on the ACT. If you’re here, you cannot smoke at any bus stop or in public vehicles. You can be fined up to $75 as part of your expiation notice and a maximum of $200 for violating this law.

South Australia disallows smoking inside vehicles if you’re travelling with anyone under the age of 16. Moreover, you cannot smoke in any outdoor area. If you must smoke in a bar, restaurant, or any similar establishment, you’ll need to do so inside their designated smoking areas.

In South Australia, individuals who break the law can face fines up to $1,200. Proprietors who break the law might have to cough up $20,000 for their first offence and reach a maximum of $40,000 for subsequent offences.

Are All Universities Smoke Free in Australia?

Universities are notorious for being a haven for young smokers still going through their tertiary courses. In the entire country, about 20 out of 40 Australian universities have banned smoking in outdoor eating areas, enclosed spaces, and within five metres of the university. 

Are All Workplaces Smoke Free in Australia?

You cannot smoke inside your workplace or within five metres of your workplaces, including its outdoor premises. According to the Work Health and Safety Regulations 2002, any worker or anyone involved in the business can smoke inside enclosed workplace spaces.

However, businesses and companies could assign designated smoking areas for employees for most states. Similar to the specifications for bars and restaurants, companies can assign up to 25% of their total space as a designated outdoor smoking area.

Summary

Now that you understand smoke free laws in the country, you can help avoid breaking the law if you have the urge to smoke. There are hefty fines that can cost a pretty penny if you’re not careful.

Better yet, to avoid all these fines, consider stopping smoking for good and save yourself from all the hassle, unnecessary expenses, and preventable health problems smoking brings – and we can surely help you with that!

Smokefree Clinic gives you access to many medically reviewed and trustworthy resources that can inform and aid you in your path to wellness, so have a look around! 

If you’re ready to get started, Smokefree can connect you to Australian healthcare professionals who excel in helping patients quit smoking for good.

Link Reference

• https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2000-069
• https://www.legislation.act.gov.au/DownloadFile/a/2000-53/20001005-3768/RTF/2000-53.RTF
• https://www.acosh.org/tobacco-control-australia
• https://doi.org/10.1111%2Fj.1467-842X.2000.tb00536.x
• https://www.health.nsw.gov.au/tobacco/Pages/ban-ecigs-kids-in-car.aspx
• https://www.health.nsw.gov.au/tobacco/Factsheets/4-metre-law.pdf
• https://nt.gov.au/industry/hospitality/law-and-management/smoking-laws-and-businesses
• https://cancerqld.org.au/cancer-prevention/tobacco-smoking/anti-tobacco-legislation/
• https://a.storyblok.com/f/127073/x/e77e11f51b/regulation-of-smoking-in-multi-unit-housing-in-qld.pdf
• https://www.qld.gov.au/health/staying-healthy/smoking/laws/new-smoke-free-public-places
• https://www.sahealth.sa.gov.au/wps/wcm/connect/4a456b0043bd5e67accbeda226e71fb1/OA_PTWA_FSTransport.pdf?MOD=AJPERES
• https://www.sa.gov.au/__data/assets/pdf_file/0006/7098/Fines-smoking-in-cars-with-children.pdf
• https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/public+health/tobacco+and+e-cigarette+laws+and+businesses/tobacco+laws+for+outdoor+dining+areas
• https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/public+health/smoking+the+rules+and+regulations/smoking+the+rules+and+regulations
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7440621/
• https://www.health.wa.gov.au/Articles/S_T/Smoking-in-the-workplace
• https://www.worksafe.act.gov.au/health-and-safety-portal/managing-safety/smoking-in-the-workplace