List of smoking bans in Australia
Encyclopedia
Smoking ban
Smoking bans are public policies, including criminal laws and occupational safety and health regulations, which prohibit tobacco smoking in workplaces and/or other public spaces...
s in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
The list shows federal, state and local laws. For other smoking bans and restrictions, see the worldwide list of smoking bans.
Federal level
Federal law bans smoking in all Australian Commonwealth government buildings, public transport, airports and international and domestic flights. Further bans are in place but are governed by individual states. Currently all Australian states and territories have banned smoking in enclosed public places, particularly workplaces and restaurants.Australian Capital Territory
In the Australian Capital TerritoryAustralian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
(ACT) a smoking ban has applied to all enclosed public places since December 2006. However, if the proportion of the public place that is "open" (open to the outdoors) is greater than 25% of the total surface area of the ceiling or roof (assuming that this is flat) and the walls and windows (whether fixed or able to be opened), then the premises will not be considered "substantially enclosed" and therefore, the smoking prohibition in the Act did not apply.
As of December 2010 all outdoor eating and drinking areas in the ACT were made smoke-free. Exceptions to this rule can be made but only under strict guidelines. A "Designated Outdoor Smoking Area" (DOSA) requirements include; may not encompass more than 50% of the outdoor area, must be separated from smoke-free areas by no less than 4 meters or a non-transparent fixed wall barrier at least 3 meters high. In addition to this, staff are not allowed in the area to clean during the operating hours of business, unless it has been un-occupied for at least 30 minutes. As a result of these requirements, the majority of venues did not obtain a DOSA permit as it was considered too complicated and Canberra is now almost completely smoke-free. The punishment for smoking in an outdoor area that is not a DOSA is an on-the-spot fine between $200 and $2,000 for the individual and $2,000 to $10,000 for the business.
New South Wales
A total "enclosed space" ban was introduced in New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
on 1 July 2007. In this state, a public place is considered substantially enclosed only if the total area of ceiling and wall surfaces are more than 75% of its total notional ceiling and wall area. Windows and doors may be counted as open space only if they are locked open to the outside for the duration of trading hours. 10% of the total ceiling and wall area must remain open to the elements at all times.
Northern Territory
A ban on smoking in all enclosed areas of restaurants, licensed clubs and pubs came into force in the Northern TerritoryNorthern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
on 2 January 2010.
Queensland
Smoking is prohibited in all pubs, clubs, restaurants and workplaces in QueenslandQueensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, as well as in commercial outdoor eating and drinking areas and in outdoor public places (e.g., patrolled beaches, children's playground equipment, major sport stadiums, and within 4 meters of non-residential building entrances). Since 1 July 2006, premises holding a hotel, club or casino liquor licence can designate up to 50% of the outdoor liquor licensed area as a smoking and drinking area. In this area no food or drink can be served, no food can be consumed, no entertainment can be offered and there must be no gaming machines provided. A "buffer", which can be either a 2 metre wide area or a 2.1 metre high screen that is impervious to smoke, must be on the area's perimeter wherever it is adjacent to other parts of the outdoor area usually accessed by patrons. Premises that choose to have such an area must have a smoking management plan for the premises that complies with legislative requirements. For all other liquor licensed premises, and non-liquor licensed premises, from 1 July 2006 there is no smoking at any outdoor eating or drinking place. In May 2009 it was announced that smoking in cars where children under the age of 16 are present was banned and that the power to regulate smoking at pedestrian malls and public transport waiting points such as bus stops, taxi ranks and ferry wharves was transferred to local government.
South Australia
A total enclosed public place smoking ban was introduced in South AustraliaSouth Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
on 1 November 2007. However, under the SA Tobacco Products Regulation Act 1997, a place or area is only "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. It is illegal to smoke in the car while children are in the car.
Tasmania
TasmaniaTasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
was the first Australian state to introduce a total indoor smoking ban in January 2006. As of 1 January 2008, smoking in cars with passengers under the age of 18 is banned and will incur a $110 on the spot fine.
Victoria
A total enclosed public place smoking ban was introduced in VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
on 1 July 2007. However, smoking is permitted in non enclosed dining or drinking areas if the area has a roof and walls that cover no more than 75% of the total notional wall area (i.e. if the combined wall and roof space is 25% open to the outdoors). Smoking is also allowed in: balconies; verandas; courtyards; marquees; and footpaths. The sale of tobacco products to people under 18 carries a fine but there is no age to legally possess these products. The Victorian government is looking to change this to make it illegal for under 18s to possess them as well.
Western Australia
Western AustraliaWestern Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
was the second Australian state to ban smoking in all indoor areas of pubs, bars and clubs from July 2006. Smoking is permitted in alfresco and courtyard areas (outdoor eating areas) and the international room at the Burswood Casino. The Health Minister has regulated to allow footpath drinking without food to accommodate smokers.
Further reading
- OURhotel, Special Local Government Edition (Official publication of the Australian Hotels Association), p. 5–7
- Sprague, Julie-Anne. (2004) High noon for new smoke law in Business News, 24 June 2004, p. 13. Re: WA Laws
- World Bank (1999) Curbing the epidemic: governments and the economics of tobacco control. Washington, DC: World Bank. ISBN 0821345192
External links
- Environmental Tobacco Smoke in Australia (May 2001), prepared by VicHealth Centre for Tobacco Control. Canberra: Dept. of Health and Ageing. ISBN 0642503931
- Australian Hotels Association website