Ruqayyah Snyder
Smoking bans, or smoke-free laws, are public policies that prohibit tobacco smoking in certain spaces. In Australia, the first jurisdiction to ban smoking in cafes and restaurants was the Australian Capital Territory (ACT) in 1995. Since then, other states and territories have followed suit, with Tasmania, Queensland, and Western Australia implementing total bans on smoking in enclosed licensed premises in 2006. Today, different states have different laws governing smoking in restaurants, with some allowing designated outdoor smoking areas under certain guidelines. While there is no federal law on smoking in restaurants, the Australian government has adopted an incremental approach to the introduction of smoking bans, and studies have shown that smokers are generally compliant and supportive of these restrictions.
| Characteristics | Values |
|---|---|
| Date of ban in Australian Capital Territory (ACT) | 6 December 1995 |
| First jurisdiction in Australia to ban smoking in restaurants | Australian Capital Territory (ACT) |
| Ban on smoking in all enclosed public places | 1 December 2006 |
| Ban extended to outdoor eating areas | December 2010 |
| Exceptions to the rule | "Designated Outdoor Smoking Area" (DOSA) |
| Requirements for DOSA | Must not encompass more than 50% of the outdoor area; must be separated from smoke-free areas by at least 4 meters or a non-transparent fixed wall barrier at least 3 meters high |
| Other states with similar laws | Tasmania (1997), New South Wales (2000), Victoria (2001), Queensland (2002), Northern Territory (2003), South Australia (2004), Western Australia (2006) |
| Northern Territory restrictions | Smoking allowed in certain areas of schools, but not accessible to children |
| Queensland ban | Includes pubs, clubs, restaurants, commercial outdoor eating and drinking areas, and outdoor public places |
| Western Australia ban | Includes indoor areas of pubs, bars, clubs, and outdoor eating areas |
| South Australia ban | Includes public outdoor dining areas since July 2016 |
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What You'll Learn
Australian Capital Territory (ACT) bans smoking in restaurants
On 6 December 1995, the Australian Capital Territory (ACT) banned smoking in cafes and restaurants, becoming the first jurisdiction in Australia to do so. In the year preceding the ban, restaurants had been required to allocate 50% of their floor space to non-smoking areas. The indoor smoking ban led to an increase in outdoor dining, even in Canberra's chilly weather.
The push for a smoking ban in restaurants in the ACT began as early as 1950, when an annual conference of health inspectors suggested that if smoking was banned where food was prepared, it should also be banned where it was eaten. However, the idea of a ban was contested by cigarette companies and the Australian Hotels Association, and the issue remained controversial throughout the 1990s. Surveys conducted in the 1990s showed a strong public preference for non-smoking restaurants.
In 2010, the ACT ban was extended to outdoor eating areas, with some exceptions. A "Designated Outdoor Smoking Area" (DOSA) may not encompass more than 50% of the outdoor area and must be separated from smoke-free areas by at least 4 metres or a non-transparent fixed wall barrier at least 3 metres high.
The ACT's smoking ban in restaurants was followed by similar laws in other Australian states and territories, including Tasmania (1997), New South Wales (2000), Victoria (2001), Queensland (2002), Northern Territory (2003), South Australia (2004) and Western Australia (2006). As of 2025, all Australian states have laws restricting smoking in enclosed public places, and some have banned smoking in outdoor dining areas.
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Tasmania introduces a total indoor smoking ban
Smoking has been a common practice in Australia, with 72% of men and 26% of women being smokers post World War II. However, with time, the dangers of smoking and passive smoking came to light, and anti-smoking campaigns were launched.
In 1979, the Local Government Association of New South Wales recommended that the state government ban smoking in restaurants and enclosed public spaces. In 1987, the Australian Anti-Cancer Council, in conjunction with The Age Good Food Guide, surveyed nearly 400 Victorian restaurants, with 36% saying they would do their best to segregate smokers and non-smokers if asked.
The Australian Capital Territory (ACT) was the first state in Australia to introduce a total smoking ban for restaurants on 6 December 1995. Tasmania followed suit and became the first Australian state to introduce a total indoor smoking ban in January 2006. The ban was extended to include smoking in cars with passengers under the age of 18 from January 2008.
Tasmania's indoor smoking ban was followed by Queensland, Western Australia, Victoria, and New South Wales, with all Australian states and the ACT implementing comprehensive bans on smoking in licensed venues by 2007. The indoor smoking ban in Tasmania and other states led to increased support for the restrictions, with the number of smokers supporting the bans more than doubling following their implementation.
Since 1 December 2006, a smoking ban has applied to all enclosed public places in Australia. The laws were further extended in December 2010 to prohibit smoking in most outdoor eating areas, with certain guidelines allowing for designated outdoor smoking areas.
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Queensland bans smoking in restaurants
Smoking in restaurants was once a common practice in Australia. In the post-war era, a large percentage of Australians smoked, and it was normal for people to smoke during meetings and in restaurants. However, in the early 1980s, the percentage of smokers in Australia began to decrease as anti-smoking campaigns highlighted the health risks associated with the habit.
Queensland was one of the first states in Australia to implement comprehensive smoke-free legislation. On 1 July 2006, new rules came into effect, banning smoking in all pubs, clubs, restaurants, and workplaces in the state. Additionally, commercial outdoor eating and drinking areas, as well as outdoor public places such as beaches, children's playgrounds, and major sports stadiums, were also included in the ban. Queensland's smoking laws aim to reduce exposure to second-hand smoke, support smokers in quitting, and discourage people from taking up smoking.
While the 2006 ban prohibited smoking in most indoor areas, some exceptions were made for specific types of licensed premises. For example, venues with a hotel, club, or casino liquor license were allowed to designate up to 50% of their outdoor liquor-licensed area as a smoking and drinking area, as long as no food or drink was served or consumed in that area. These designated areas are known as designated outdoor smoking areas (DOSAs) and are subject to strict requirements, including the need for a smoking management plan and a buffer zone to separate them from smoke-free areas.
Queensland has continued to strengthen its smoking laws over the years. In 2014, the state banned tobacco in correctional facilities, becoming the second state to do so. Smoking restrictions have also been extended to early childhood education and care facilities, public and private hospitals, residential aged care facilities, and enclosed common areas of multi-unit residential buildings. Queensland has also implemented tough restrictions on the supply, advertising, and promotion of smoking products, including electronic cigarettes.
Today, Queensland has strict laws about when and where smoking is permitted, both outdoors and indoors, with the goal of creating a healthier environment for its residents and visitors.
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Western Australia bans smoking in indoor areas of restaurants
Smoking in restaurants was commonplace in Australia until the 1980s. In 1979, the Local Government Association of New South Wales recommended that the state government ban smoking in restaurants and enclosed public spaces. However, this was not well-received by restaurant owners, who felt that enforcing such a ban would be challenging.
It wasn't until the 1980s that the percentage of smokers in Australia began to decline, thanks to anti-smoking campaigns highlighting the health risks. By the early 1990s, some restaurants had started to implement minor restrictions on smokers. For example, in 1986, Melbourne's Fleurie restaurant requested that guests refrain from smoking pipes or cigars until after 10 pm.
The Australian Capital Territory (ACT) was the first state in Australia to introduce a total smoking ban in restaurants and cafes, which came into effect on 6 December 1995. This was followed by similar laws in Tasmania (1997), New South Wales (2000), Victoria (2001), Queensland (2002), Northern Territory (2003), South Australia (2004), and Western Australia (2006).
On 31 July 2006, Western Australia banned smoking in all indoor areas of pubs, bars, clubs, and restaurants. The ban also applies to outdoor eating areas, including restaurants, cafes, delis, lunch bars, and hotels. Liquor-licensed premises that are not subject to a restaurant licence may designate up to 50% of their outdoor eating areas as smoking zones.
Since the implementation of these bans, Western Australia has continued to strengthen its smoking regulations. In March 2024, the state banned smoking in all women's prisons and plans to implement similar bans in men's prisons in the future.
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New South Wales overturns a smoking ban for outdoor eating places
Smoking has been a common practice in Australia, with 72% of men and 26% of women being smokers post World War II. However, anti-smoking campaigns in the 1980s highlighting the health risks led to a decline in the number of smokers.
The Australian Capital Territory (ACT) was the first state in Australia to introduce a total smoking ban for restaurants in December 1995. Tasmania followed in 1997, becoming the first state to introduce a total indoor smoking ban in 2006.
In 2000, New South Wales banned smoking in restaurants and enclosed spaces of public assembly. However, in 2013, the Parramatta Council overturned a smoking ban for outdoor eating places after pressure from local traders. This move was met with criticism, and statewide legislation in 2015 brought the area back into line with the rest of New South Wales, which had a total "enclosed space" ban in place since 2007.
The laws in Australia vary across states, with some allowing designated smoking zones in outdoor eating areas. These designated outdoor smoking areas (DOSA) cannot encompass more than 50% of the outdoor area and must be separated from smoke-free zones by at least 4 meters or a non-transparent fixed wall barrier that is at least 3 meters high.
Other states like Queensland, Western Australia, and South Australia have stricter bans, prohibiting smoking in all outdoor eating and drinking areas, including pubs, clubs, and restaurants. Queensland also banned smoking in cars with children under the age of 16 present in 2014.
The push for smoke-free environments continues, with Wales aiming to become smoke-free by 2030 and considering banning smoking in outdoor eating areas to achieve this goal.
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Frequently asked questions
Smoking was banned in restaurants in Australia on 6 December 1995. The Australian Capital Territory (ACT) was the first state to implement this ban.
South Australia was the last state to ban smoking in indoor restaurants, in July 2016.
Western Australia was the second-last state to ban smoking in indoor restaurants, in July 2006.
Queensland was the first state to ban smoking in outdoor restaurants, in 2006.
