15.7.10 Summary of smokefree legislation across Australian states and territories

6 December 1994

Smoking (Prohibition in Enclosed Public Places) Act 1994
(s.5 and Schedule 1) [Repealed]

Smoking ban in enclosed public places except for exempt restaurants and licensed premises.

'Public place' means a place which the public, or a section of the public, is entitled to use or which is open to, or is being used by, the public or a section of the public (whether on payment of money, by virtue of membership of a body, or otherwise).

Examples of 'public places' include shopping centres, dining areas, clubs, schools, business premises, community centres, theatres, public transport, multi unit residential premises and recreational facilities.

Smoking permitted by performer during stage show.

A 'public place' is 'enclosed' if it has a ceiling or roof and is, except for doors and passageways, completely or substantially enclosed by walls or windows.

1 December 2006

Smoking (Prohibition in Enclosed Public Places) Act 2003
(Part 2, ss.3, 6, 8A, 9 and 14)

Smoking (Prohibition in Enclosed Public Places) Regulation 2005
(Part 2, r.6 – r.12)

Smoking ban in enclosed public places:

'Public place' is a place to which the public or a section of the public has access, whether – by payment, membership of a body or otherwise or by entitlement or permission.

Examples of 'public places' include business premises, cinemas, hotels, clubs, community centres, government premises, hospitals, nursing homes, churches, public transport, dining areas, schools, shopping centres and recreational premises.

A 'public place' is enclosed if it is covered and is 75% or more enclosed.

The regulations may exempt an area from the operation of Part 2 of the Act if the premises are occupied by a university or other entity and the area is for scientific research into the effects of smoking.

Offence to permit smoke into an enclosed public place from another part of the premises.

Offence by a neighbouring occupier to fail to take reasonable steps to prevent smoke from the premises entering an enclosed public place on other premises.

9 December 2010

Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 [amends the Smoking (Prohibition in Enclosed Public Places) Act 2003 and re-names it the Smoke-free Public Places Act 2003] s.9A(1), s9F

Smoking banned in 'outdoor eating or drinking places' during periods where food or drink is being either offered or provided, consumed or cleared.

A place is an 'outdoor eating or drinking place' if:

• it is a public place (other than an enclosed public place); and
• people at the place may consume food or drink provided from an on-site service; and
• either—
  (i) the place is licensed premises; or
  (ii) tables and chairs are provided by the on-site service for use by people consuming food or drink at the place.

'Food or drink service' means a business, or an enterprise of a commercial, charitable or community nature, that sells food or drink.

Smoking is permitted in the designated outdoor smoking areas of licensed premises. There must be a buffer on the perimeter of the designated area of either a screen/wall of required height, or 4m wide area where no food, drink or smoking is allowed.

1 May
2012

Smoking in Cars with Children (Prohibition) Act 2011 (ACT)

Smoking ban in cars when child under 16 years of age is present.

For further information see ACT Health website: http://health.act.gov.au/c/health?a=sp&did=10152911

Back to top

Back to detailed overview (Section 15.7)

6 September 2000

Smoke-free Environment Act 2000
(Part 2, ss .4, 6, 7, 10 and
Schedule 1)

Smoking ban in any 'smoke-free area' (unless the area is exempt).

'Smoke-free area' is any place, or part of a place, of a kind described in Schedule 1 that is an enclosed public place. Places described in Schedule 1 include shopping centres, dining areas, schools, business premises, community centres, churches, theatres, libraries, public transport, motels, recreation centres, childcare facilities and hospitals.

A 'public place' is a place or vehicle that the public, or a section of the public, is entitled to use or that is open to, or is being used by, the public or a section of the public (whether on payment of money, by virtue of membership of a club or other body, or otherwise).

Exempt places include casinos and licensed premises (other than parts of the premises which constitute a dining area, while that part is being used as a dining area).

Smoking permitted by performers in theatre or other performance places if smoking is a necessary part of the performance.

4 October 2002

Smoke-free Environment Regulation 2000
(r.6)

A smokefree area must be separated from a smoking permitted area by a barrier to ensure that a space of at least
1.5 metres separates them.

3 January 2005

Smoke-free Environment Act 2000
(Part 3, s.11A)

Smoking ban in any dining area and at any counter at which drinks and food are served.

A non-smoking room must be available in bars, gaming rooms or recreational rooms that have more than one room.

4 July 2005

Smoke-free Environment Act 2000
(Part 3, s.11B)

Smoking room or area in hotels, nightclubs and clubs must not exceed 50% of the total area of the combined drinking, gaming and recreation area in the venue.

3 July 2006

Smoke-free Environment Act 2000
(Part 3, s.11B)

Smoking room or area in hotels, nightclubs and clubs must not exceed 25% of the total area of the combined drinking, gaming and recreation areas in the venue.

2 July 2007

Smoke-free Environment Amendment Act 2004
(Part 2, s.6 and Schedule 1)

Smoke-free Environment Regulation 2000 (r.8)

Smoking ban in all enclosed (including substantially enclosed) areas of hotels, clubs and nightclubs open to the general public.

Smoking ban on all enclosed areas of casinos except for private gaming rooms.

A public place is substantially enclosed if the total area of the ceiling and wall surfaces of the public place is more than 75% of its total notional ceiling and wall area.

Smoke-free Environment Act 2000
(Part 2, s.10)

In smokefree areas where smoking is elsewhere allowed, reasonable steeps must be taken to prevent smoke penetrating the smokefree area.

1 July 2009

Public Health (Tobacco) Act 2008 (NSW) (Part 4, Division 2, s.30)

Smoking ban in cars carrying children under the age of 16 years.

6 July 2015

As above - amendments relating to commercial outdoor dining areas did not come into effect until 6 July 2015

10 August 2015

Crimes (Administration of Sentences) Amendment (Smoke-free prisons) Regulation 2015 [which amended the Crimes (Administration of Sentences) Regulation 2014

30 November 2016

Strata Schemes Management Act 2015 and Strata Schemes Management Regulation 2016

For further information see NSW Health website: http://www.health.nsw.gov.au/publichealth/healthpromotion/tobacco/legislation.asp

Back to top

Back to detailed overview (Section 15.7)

1 January 2003

Tobacco Control Act
(Part 1, ss.5, 7 & 9)

Smoking ban in any 'smoke-free area'.

'Smoke-free area' includes an 'enclosed public area', 'enclosed workplace area', outdoor public venue, food service area, public transport, public transport area, shared accommodation, educational facility, 'entrance area' and air-conditioning inlet area. Smoke-free area does not include domestic or 'exempt' areas.

Smoking not prohibited by a performer in a theatrical performance if necessary for the purposes of the performance.

'Enclosed public area' means a public area with a ceiling or roof that (except for doorways and passageways) is completely or substantially enclosed by walls, windows, blinds, curtains or other objects, materials or things.

'Enclosed workplace area' means a workplace with a ceiling or roof and which (except for doorways or passageways) is completely or substantially enclosed by walls, windows, blinds, curtains or other objects, materials or things, but does not include an area of the business which is in or on domestic premises that is not used or intended to be used by members of the public or employees of the business.

'Entrance area' means an area within 2 metres of a door, window or other opening that opens into or onto an enclosed public area or an enclosed workplace area.

Tobacco Control Regulations
(Part 2, r. 9 – r.15A)

Smoking permitted in designated areas of:

• Educational facilities if majority of staff agree and the area is not normally accessible to children or in the line of their sight.
• Outdoor public venues if the area designated does not contain more than 50% of the venue's fixed seating and a smokefree area of equal amenity with 50% of the venue's fixed seating remains.
• Outdoor food service areas, subject to condition that reasonable measures are taken to minimise exposure of other people to environmental tobacco smoke.
• Personal living areas in shared accommodation and upper decks or decks on public transport vessels.
• Oil and gas platforms, subject to the condition they are adequately ventilated.

31 May 2003

Tobacco Control Regulations
(Part 2, r.9)

Smoking permitted in designated areas of licensed premises and gaming venues, however:

• a smokefree area of 'equal amenity' must be provided.
• reasonable measures must be taken to minimise employees exposure to environmental tobacco smoke

2 January 2010

Tobacco Control Amendment Regulations 2009

Smoking is prohibited inside all public places including licensed venues and 'substantially enclosed areas'.

'Substantially enclosed' has been given the following general guideline: If a footpath or courtyard is covered by a roof or ceiling and is at least 75% surrounded by walls, windows or other buildings, smoking is prohibited in such a place (such as those forming part of restaurants, cafes or licensed premises).

The Minister may exempt a high-roller room at a casino from the smoking ban.

2 January 2011

Tobacco Control Act 2002 as amended by the Tobacco Control Legislation Amendment Act 2010 (s.7)

Tobacco Control Regulations r.11, 15B

A smoke-free area is any of the following:

• an enclosed public area;
• an enclosed workplace area;
• an outdoor public venue;
• a food service area;
• public transport;
• a public transport area;
• shared accommodation;
• an educational facility;
• an entrance area;
• an air-conditioning inlet area;
• a voluntarily declared area.

Domestic premises are exempt from the definition. Other exemptions apply for casino high roller rooms, educational facilities, designated smoking areas in outdoor public venues that do not have an on-site food service, personal living areas in shared accommodation, the top deck of public transport vessels; oil and gas platforms, and outdoor smoking areas of liquor licensed premises.

The new legislation bans smoking in all outdoor eating and drinking areas apart from outdoor smoking areas of up to 50% of licensed premises.

For more information see NT Department of Health website: http://www.health.nt.gov.au/Alcohol_and_Other_Drugs/Tobacco/SmokeFree_NT/index.aspx

Back to top

Back to detailed overview (Section 15.7)

31 May 2002

Tobacco and Other Smoking Products Act 1998
(Part 1, s.4 and Part 2B, s. 26R)
[Amended]

Smoking ban in any 'enclosed place', subject to the following exceptions:

• residential premises, other than any part used for carrying on a business while one or more person who does not reside at the premises are present.
• multi-unit residential accommodation, other than the common areas;
• exempt vehicles;
• premium gaming rooms;
• licensed premises other than dining areas where meals are being consumed, gaming table areas of casinos and secure facilities under the Corrective Services Act 2000.

Smoking permitted by a person performing in a theatre or other enclosed place during the performance if smoking is part of the performance.

'Enclosed' means having a ceiling or roof and, except for doors and passageways, completely or substantially enclosed whether permanently or temporarily. In vehicles, means having a ceiling or roof and, except for doors and exits, completely or substantially enclosed, whether permanently or temporarily.

'Public place' means a place that the public is entitled to use, is open to the public or is used by the public (whether or not on payment of money).

1 January 2005

Tobacco and Other Smoking Products Act 1998
(Part 2B s.26Q – Part 2C, s.26ZK)

Tobacco and Other Smoking Products Amendment
Regulation 1998
(Part 5, ss.15 & 18 and Part 6, ss.22 & 23)
[Part 5 of the Regulations expired]

Smoking ban:

• in at least one third of the whole enclosed area of liquor licensed premises.
• in at least one third of all poker machine areas at liquor licensed premises.
• Anywhere within 4 metres of an entrance to a non-residential building.
• within 10 metres of outdoor children's playground equipment situated at a place that is ordinarily open to the public.
• in stadiums managed by the Major Sports Facilities Authority.
• between the flags at patrolled beaches.
• at artificial beaches (bans cover the entire beach) between sunrise and sunset.

30 Sep 2005

Tobacco and Other Smoking Products Regulations 1998
(Part 5, ss.16 & 17)

Note – Part 5 of the Regulations expired 30 June 2006

Smoking ban:

• in at least two-thirds of the whole enclosed area of a liquor licensed premises.
• in at least two-thirds of all poker machines at liquor licensed premises.

1 July 2006

Tobacco and Other Smoking Products Act 1998
(Part 2C, ss. 26W– 26ZC)

Smoking ban in

• all enclosed and outdoor eating or drinking areas where food or drink is provided as part of a business (only when food and drink is being provided)
• all poker machines at a liquor licensed premises.

Liquor licensed premises that hold a general or club liquor licence can choose to have a Designated Outdoor Smoking Area (DOSA), where only smoking and drinking can occur. A DOSA can be no more than 50% of the whole licensed outdoor area of the premises. An area of at least 2 metres must separate the non-smoking and smoking areas. Premises with a DOSA must prepare a Smoking Management Plan.

1 Jan 2010

Tobacco and Other Smoking Products Act 1998
(Part 2BA, s.26VC)

Smoking banned in cars carrying children under the age of 16 years.

1 Jan 2010

Tobacco and Other Smoking Products Act 1998
(Part 2C, s.26ZPV)

Local councils can choose to regulate smoking in pedestrian malls and public transport waiting points such as bus stops.

For more information see QLD Health website: http://www.health.qld.gov.au/tobaccolaws/existing_laws.asp

Back to top

Back to detailed overview (Section 15.7)

4 Jan 1999

Tobacco Products Regulation Act 1997

Smoking ban in enclosed public dining areas.

6 Dec 2004

Tobacco Products Regulation Act 1997
(ss.4, 46 and 47)

Tobacco Products Regulation 2004
(r.7) [Deleted]

Amending act: Tobacco Products Regulation (Further Restrictions) Amendment Act 2004 (No. 24 of 2004), s. 17.

Smoking ban in all enclosed public places, workplaces and shared areas.

Smoking ban applies one metre from all hospitality service bars/counters.

Licensed premises with two or more bar rooms must have one bar room designated as non-smoking.

Licensed premises with one bar room must have at least 50% of their bar room floor space designated as non-smoking.

At least 75% (until 31 October 2005) and 50% (until 31 October 2007) of all gaming machines are to be designated as non-smoking.

'Public area' or 'public place' means an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise).

A place or area is 'enclosed' if it is fully enclosed or is at least partially covered by a ceiling and has walls such that the total area of the ceiling and wall surfaces exceeds 70 per cent of the total notional ceiling and wall area.

31 May 2007

Tobacco Products Regulation Act 1997
(Part 4, s.48)

Smoking ban in cars containing children (defined as under 16 years of age).

1 November 2007

Tobacco Products Regulation Act 1997
(ss.46 & 47)

Smoking ban in all 'enclosed' areas (includes indoor and outdoor) of pubs, clubs and the casino.

31 May 2012

Tobacco Products Regulation (Further Restrictions) Amendment Act 2012 [which amended the Tobacco Products Regulations Act 1997]

Smoking ban in:
a) public transport waiting areas, where the area is wholly or partly covered by a roof;
b) Within 10 metres of children's playgrounds equipment located in a public area.

Local councils and other incorporated bodies may apply to have certain public outdoor areas or events declared smokefree. Public areas which have been declared smokefree include Moseley Square in Glenelg, and Henley Square.

For more information see SA Department of Health website: http://www.tobaccolaws.sa.gov.au/Default.aspx?tabid=106

Back to top

Back to detailed overview (Section 15.7)

28 April 2000

Public Health Act 1997
(Part 4, s.67B)
[Repealed]

Smoking ban in theatres and cinemas (unless smoking is part of performance).

3 September 2001

Public Health Act 1997
(Part 4, s.3, ss.67B - 67H
[Amended]

Smoking ban in any enclosed public places and workplace, outdoor sporting or cultural venue with reserved seating, any area within 3 metres of an entrance to or exit from a building, within 10 metres of any ventilation equipment in a building, reasonable area of a bar.

A 'public place' includes a place to which the public ordinarily has access, whether or not by payment or invitation (definition of 'public place' effective from 1 February 1998).

An 'enclosed public place' means a place for the use of the public which has a ceiling or roof; and except for doors and passageways, is completely or substantially enclosed by walls or windows (definition of 'enclosed public place' effective from 1 February 1998).

Smoking not prohibited in:

• Any open deck area of a ship or vessel,
• Any personal living area of paid accommodation, residential care facility or prison from which smoke drink to any smokefree area cannot reasonably occur
• Any area within 3 metres of an entrance to or exit from any non-domestic building or multiple-use building in any period during which food purchased from the occupier of the building is consumed within that area at a table provided by the occupier.
• Any bar or gaming area in any period during which no food, other than specified snacks, confectionery or beverages are available or consumed in the bar area.

Smoking ban in vehicles while being used in the course of employment if another person is present.

Any non smoking area of licensed premises must be of equal amenity to the smoking area.

1 January 2005

Public Health Act 1997
(Part 4, s.67B)
[Amended]

Smoking ban in nightclubs, cabarets, gaming areas.
In outdoor dining areas where tables are provided, smoking ban in an area of not less than 50% of those tables, grouped together in one part of that dining area. Where no tables are provided, areas consisting of not less than 50% of the seating in the dining area.

1 January 2006

Public Health Act 1997
(Part 4, s. 3A and 67B, 67F)

Public Health (General Regulations) 2005
(r.5)

Smoking ban in licensed venues and nightclubs.

Smoking ban in outdoor drinking and dining areas unless the area is designated as an 'outdoor smoking area'.

An outdoor smoking area may only be on premises where the provision of beverages rather than food is the primary function. The area must either not have a roof or, if roofed, not more than 50% of the area perimeter may consist of walls or widows (whether open or closed). Food and beverages must not be served or consumed in approved smoking area.

Any smoking area of an outdoor dining area must be of equal amenity to a non-smoking area.

1 Jan 2008

Public Health Act 1997
(Part 4, s. 67H

Smoking ban in vehicles containing persons under 18 years of age.

1 March 2012

Public Health Act 1997

Amending Act: Public Health Amendment Act 2011

Smoking ban:

• at public swimming pools
• between the flags at beaches
• in pedestrian and bus malls
• in and within 3 metres of bus shelters
• in and within 10 metres of children's playgrounds
• in outdoor dining areas
• within 3 metres of outdoor dining areas that are not surrounded by a screen at least 2.1 metres high and impervious to smoke
• within 20 metres of competition and seating at sporting events

12 February 2014

Public Health (Smoke-free Areas) Regulations 2014 (Tas)

30 January 2015

Corrections Act 1997 (pursuant to standing order issued by Director of Corrective Services)

1 July 2015

Public Health (Miscellaneous Amendments) Act 2015 (Tas)

Director of Public Health may provide approval for a designated unenclosed smoking area at a public event that has been declared to be smoke-free.

A local council may declare a street within its municipality as smokefree.

For more information see Tasmanian Department of Health and Human Services website: http://www.dhhs.tas.gov.au/peh/tobacco_control/tobacco_control_laws/smoke_free_areas2

Back to top

Back to detailed overview (Section 15.7)

1 July 2001

Tobacco Act 1987
(Part 2, ss.4, 5A – 5B)

[amended]

Smoking ban in all enclosed restaurants, cafes and the dining areas of hotels and licensed clubs.

'Enclosed ' in relation to an area or premises, means an area that is, or premises that are, except for doorways, passageways and internal wall openings, completely or substantially enclosed by a solid permanent ceiling or roof and solid permanent walls or windows, whether the ceiling, roof, walls or windows are fixed or movable and open or closed.

1 November 2001

Tobacco Act 1987
(Part 2, ss.5C-5D)
[amended]

Smoking ban in shopping centres.

1 September 2002

Tobacco Act 1987
(Part 2, ss.5F-5R)
[amended]

Smoking ban in casino, except in designated areas.

Smoking ban in gaming areas/premises.

Smoking ban in all bingo centres and bingo areas (while bingo is being played).

Requirement for multi-roomed licensed premises to provide a smoke-free room at any time that two or more rooms are open to the public.

1 March 2006

Tobacco Act 1987
(Part 2, ss.5A, 15E – 15F, s.222A)
[amended]

Smoking ban in enclosed workplaces but does not apply to residential premises, other than a part of the premises being used for carrying on a business while one or more person who does not reside at the premises is present, licensed premises, outdoor dining or drinking areas, a casino, a vehicle, sole operator businesses that are not for the use of members of the public, personal sleeping or living areas of paid accommodation or residential care facilities, areas approved under the Mental Health Act 1986, the Corrections Act 1986 or the Migration Act 1958.

Transport (Conduct) Regulations 2005 – r.24A

Smoking ban in covered train platforms, tram and bus stops and underage music/dance events.

'Enclosed' means an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are—permanent or temporary, open or closed.

1 July 2007

Tobacco Act 1987
(Part 2, ss.5C - 5D)

Smoking ban in enclosed licensed premises.

Smoking ban in outdoor dining or drinking area if the area has a roof and walls in place and the total actual area of the wall surfaces exceeds 75% of the total notional wall area.

Smoking ban in the casino, except for declared high roller rooms.

1 July 2009

Legislative Instrument

Smoking banned in Government school grounds.

1 January 2010

Tobacco Act 1987 (Div 1A, s.5S)

Amending Act: Tobacco Amendment (Protection of Children) Act 2009

Smoking banned in cars carrying persons under 18 years of age.

For further information see Victorian Department of Health website: http://www.health.vic.gov.au/tobaccoreforms/workplaces.htm

Back to top

Back to detailed overview (Section 15.7)

29 March 1999

Health (Smoking in Enclosed Public Places) Regulations 1999
(r .4 – 10 and Sch 1)
[repealed]

Health Act 1911
(s.289E)

Smoking ban in enclosed public places except bar or lounge areas, allocated areas in restaurants (where meals are not served or consumed), cabarets or nightclubs and gaming areas.

Smoking prohibited in all but two enclosed public places located in the same premises at any one time.

Smoking permitted if person is a performer who smokes for the purposes of a performance.

An 'enclosed public place' is a place that has, whether permanently or temporarily, a ceiling or a roof and walls, sides or other vertical coverings so that when the public place's existing closable openings are closed, the public place is completely or substantially enclosed.

A 'public place' is a place or vehicle that the public, or a section of the public, is entitled to use or is open to, or is being used by, the public, or a section of the public, whether on payment of money, by virtue of membership of a club or other body, by invitation or otherwise.

Health (Smoking in Enclosed Public Places) Regulations 1999
(r.13)
[repealed]

If smoking is prohibited in an enclosed public place but not in another part of the premises, the occupier must, unless the place has adequate ventilation, take reasonable steps to prevent smoke caused by smoking in the other part of the premises from penetrating the place.

1 January 2000

Health (Smoking in Enclosed Public Places) Regulations 1999
(r.8)
[repealed]

Smoking ban on 50% of the floor space in cabarets, nightclubs and gaming areas.

Size restrictions apply where two bar or lounge areas are set aside for smoking in certain premises.

1 July 2004

Health (Smoking in Enclosed Public Places) Regulations 1999
(Sch 1)
[repealed]

Smoking ban on 80% of floor space in cabarets and nightclubs.

1 November 2005

Health (Smoking in Enclosed Public Places) Regulations 2004
(r.7 and Sch 1)
[repealed]

Smoking limited to one room only in all licensed premises.

Smoking ban in all enclosed places in Burswood Casino except the International Room.

31 July 2006

Tobacco Products Control Regulations 2006 (r.8 – 11)

Smoking ban in all enclosed public places, including licensed premises (except Burswood Casino's International Room).

An 'enclosed public place' is a public place with a ceiling or roof and is greater than 50% enclosed by walls or other vertical structures or coverings.

22 September 2010

Tobacco Products Control Act 2006 (ss.107A-107C)

Amending Act: Tobacco Products Control Amendment Act 2009

Tobacco Products Control Regulations 2006 (r.8-11)

Smoking ban in an area that is between flags or other markers placed on a beach for the purpose of indicating a patrolled swimming area.

Smoking ban in outdoor eating areas unless the place is a smoking zone. A 'smoking zone' means a place that —

(a) is in licensed premises but not in a place to which a restaurant licence applies; and

(b) is in an outdoor eating area at the licensed premises; and

(c) has a total area that is not more than 50% of the whole of the area of that outdoor eating area.

Smoking ban within 10 metres of children's playground equipment.

Smoking ban in vehicles if person under 17 years of age present.

18 March 2019

Tobacco Products Control Amendment Regulations 2019 [which amended the Tobacco Products Control Regulations 2006]

Smoking ban within 5 metres of a public entrance to an enclosed public place.

For more information see WA Department of Health website: http://www.tobaccocontrol.health.wa.gov.au/publicplaces/index.cfm

Back to top

Back to detailed overview (Section 15.7)