Damon Mcknight
Smoking in Australia is restricted by federal law and state and territory laws, which ban smoking in enclosed public places, workplaces, public transport areas, and sometimes where children are present. State and territory governments are primarily responsible for smoke-free laws, and these vary across the country. For example, in Western Australia, smoking is banned within 10 metres of children's playground equipment, whereas in Queensland, the ban is on smoking in any commercial outdoor eating or drinking areas and public places, including playgrounds and major sports stadiums.
| Characteristics | Values |
|---|---|
| Locations where smoking is banned | Enclosed public places, workplaces, public transport and transport waiting areas, some outdoor eating areas, within 10 metres of children's playground equipment, beaches, within 4 metres of non-residential building entrances, in cars with minors, indoor areas of pubs, bars and clubs, women's prisons, and schools |
| Age restrictions | Tobacco products cannot be sold or supplied to those under 18 years old, but there is no legal age to use them. In some states, the police can confiscate tobacco products if they suspect the person is under 18. |
| Tobacco product restrictions | There is a limit to the amount of tobacco that can be brought into Australia. |
| State-specific laws | Tasmania was the first state to introduce a total indoor smoking ban in 2006. Queensland has banned smoking in pubs, clubs, restaurants, and workplaces. Western Australia has banned smoking in all indoor areas of pubs, bars, and clubs, and in outdoor eating areas. South Australia has banned smoking in enclosed public places, in cars with children under 16, under covered public transport waiting areas, in public outdoor dining areas, and in all prisons. The Australian Capital Territory banned smoking in cafes and restaurants in 1995 and has decriminalized recreational cannabis use. The Northern Territory has banned smoking in enclosed areas of restaurants, licensed clubs, and pubs, but it is the last jurisdiction to allow smoking in schools. |
| E-cigarette laws | The Australian government has made very few laws on electronic cigarettes and leaves policy up to the states. |
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What You'll Learn
Smoking in public transport areas and indoor public places
Each state and territory have their own specific laws regarding smoking in indoor public places. For example, in Western Australia, smoking is banned in all indoor areas of pubs, bars, and clubs, as well as outdoor eating areas, and within 10 meters of children's playground equipment. Queensland has similar restrictions, prohibiting smoking in pubs, clubs, restaurants, and commercial outdoor eating and drinking areas. South Australia defines "enclosed" spaces as areas that are fully enclosed or partially covered by a ceiling and walls, where the total area of ceiling and wall surfaces exceeds 70% of the total notional ceiling and wall area.
There are some exceptions to the smoking ban in indoor public places. In Queensland, for example, premises with a hotel, club, or casino liquor license can designate up to 50% of the outdoor liquor-licensed area as a smoking and drinking area, provided that certain conditions are met, such as not serving food or drink and providing a "buffer" area. Similarly, in Western Australia, liquor-licensed premises that are not subject to a restaurant license may set aside up to 50% of outdoor eating areas as smoking zones.
In addition to these state-specific laws, there are federal laws that apply across Australia. It is illegal to sell or supply tobacco products to individuals under the age of 18, and there are restrictions on the amount of tobacco that can be brought into the country. The Australian government has also implemented excise taxes on tobacco products, tobacco advertising bans, and plain packaging laws to discourage tobacco use.
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Smoking in cars with minors present
Smoking in cars with minors as passengers is illegal in all states and territories in Australia. A minor is classified as someone under the age of 16, 17, or 18, depending on the specific state or territory. For example, in South Australia and Western Australia, the age limit is 16 and under, while in other states, it may be 17 or 18.
This law is part of a broader effort to reduce smoking rates and tobacco-related harm in the community. Australia has implemented various smoking bans in indoor and outdoor public places, including playgrounds, beaches, and dining areas. Additionally, there are excise taxes on tobacco products, plain packaging laws, tobacco advertising bans, and age restrictions on tobacco sales.
The Australian government has also established the Illicit Tobacco and E-cigarette Commissioner within the Australian Border Force to combat the illicit tobacco trade. Those involved in the illicit tobacco industry face severe penalties, including up to 10 years of imprisonment and substantial fines.
While the sale of tobacco products to minors is prohibited, there is no legal age limit set for using tobacco products in Australia. However, police in some states have the authority to confiscate tobacco products from individuals they suspect are under the age of 18.
It's important to note that the specific smoking regulations can vary across different states and territories in Australia, with state and territory governments primarily responsible for smoke-free laws. Therefore, it is advisable to refer to the Youth Law Australia website or state-specific legal sources for detailed and up-to-date information on smoking laws applicable to minors in each jurisdiction.
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Smoking in outdoor dining areas
In December 2010, the Australian Capital Territory (ACT) implemented a ban on smoking in most outdoor eating areas. This was the first jurisdiction in Australia to ban smoking in cafes and restaurants, having introduced this restriction in 1995. The ACT's smoking ban includes outdoor dining areas such as restaurants, cafes, delis, and any other areas where food is served. To accommodate smokers, liquor-licensed premises that are not subject to a restaurant license may designate up to 50% of their outdoor eating areas as smoking zones. These designated smoking areas must be separated from smoke-free areas by at least 4 meters or a non-transparent fixed wall barrier at least 3 meters high.
Queensland has also implemented a comprehensive ban on smoking in outdoor dining and drinking areas. This includes commercial outdoor eating spaces, as well as public outdoor places such as patrolled beaches, children's playgrounds, major sports stadiums, and within a certain distance from non-residential building entrances. Like the ACT, Queensland allows for designated smoking and drinking areas in liquor-licensed premises, but these areas must adhere to specific requirements, including the absence of food, drink, entertainment, and gaming machines.
Western Australia has a similar approach, with smoking prohibited in outdoor eating areas where food and/or drinks are served at tables. This includes restaurants, cafes, delis, lunch bars, and hotels. However, Western Australia also allows for designated smoking areas in liquor-licensed premises, and smoking is permitted in specific rooms at the Burswood Casino.
South Australia has also taken measures to restrict smoking in outdoor dining areas. Since July 2016, smoking has been banned in public outdoor dining spaces, making it the second-to-last state to implement such a ban.
While the Northern Territory has certain restrictions on smoking in enclosed areas of restaurants, licensed clubs, and pubs, there is no specific mention of a ban on smoking in outdoor dining areas. However, like other jurisdictions, the Northern Territory limits the proportion of premises that can be designated as smoking areas to 50%.
It is important to note that the regulations regarding smoking in outdoor dining areas may be updated or changed over time. Therefore, it is always advisable to check the latest information provided by local authorities or government websites for the most accurate and up-to-date smoking regulations in each state or territory.
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Tobacco advertising and sale to minors
Australia has implemented various laws and measures to reduce smoking rates and tobacco-related harm in the community. These include excise taxes on tobacco products, tobacco advertising bans, plain packaging laws, restrictions on smoking in public places, and age limits on purchasing tobacco.
Tobacco Advertising
The Public Health (Tobacco and Other Products) Act 2023 prohibits the advertising and promotion of regulated tobacco items, with certain exceptions. This Act replaced the Tobacco Advertising Prohibition Act 1992. It also mandates plain packaging for tobacco products, meaning packaging must be in a specific colour and cannot display logos, brand images, or promotional text. Brand names are also subject to restrictions on how they appear.
Additionally, most state and territory governments have laws restricting tobacco sponsorships, point-of-sale advertising, and the retail display of tobacco products. These measures aim to reduce the visibility and appeal of tobacco products to potential consumers.
Sale to Minors
In Australia, it is illegal to sell or supply tobacco products to individuals under the age of 18. This age limit is enforced through laws such as the Tobacco and E-Cigarette Products Act 1997 and the Public Health (Tobacco and Other Products) Act 2023. Retailers are required to ask for photographic proof of age identification if they suspect the customer is under 18. Good business practice suggests requesting ID from anyone who appears under 25.
Significant penalties apply for selling or supplying tobacco to minors, including on-the-spot fines of $10,000 for individuals and $30,000 for businesses. Proprietors of businesses can face penalties of up to $1 million for a first offence. These measures are in place to deter the sale of tobacco products to minors and protect their health and well-being.
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Smoking in prisons
Smoking rates among people entering prison in Australia are much higher than in the general community. While smoking is banned in many public places in Australia, the laws regarding smoking in prisons vary across the country.
In 2015, smoking bans were implemented in prisons across several Australian states and territories, including the Northern Territory, Queensland, Tasmania, Victoria, and New South Wales. A trial was also planned for South Australia in March 2016. However, it is important to note that the enforcement of these bans may vary, and tobacco is sometimes smuggled into prisons.
According to a 2022 report by the Australian Institute of Health and Welfare, 71% of prison entrants reported currently smoking tobacco. This rate was higher among First Nations entrants (79%) compared to non-Indigenous entrants (64%). Female entrants (75%) had a higher smoking rate than male entrants (70%). Entrants aged 35-44 were the most likely to smoke (76%), while those aged 45 and over were the least likely (61%).
The National Tobacco Strategy 2023-2030 acknowledges the high smoking rates in prisons and recommends providing more support for inmates to quit, including access to nicotine replacement therapy and other pharmacotherapies. However, the majority of ex-smokers who were released from smoke-free prisons resume smoking after their release, highlighting the need for continued support and policy attention.
While smoking is generally prohibited in Australian prisons with smoke-free policies, it is important to recognize that tobacco use remains prevalent among the prison population, and enforcement of smoking bans may vary.
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Frequently asked questions
Smoking is banned in all enclosed public places and workplaces in Australia, including public transport and airports.
Yes, as of 2024, smoking is still permitted indoors in bars and licensed premises, and in smoking rooms in resorts and motels. However, some states have stricter laws, with South Australia and Queensland banning smoking in all enclosed public places.
Yes, smoking is banned outdoors in some situations, especially where children may be present. For example, smoking is prohibited near children's playground equipment, schools, and within a certain distance of non-residential building entrances. Smoking is also banned on some beaches and in outdoor dining areas.
Yes, it is illegal to sell or supply tobacco products to anyone under the age of 18. The police can confiscate tobacco products if they suspect the person is under 18.
