DISCLAIMER: All the information or advice on this page aims to be as accurate as we can reasonably make it. However, the information and advice is general and not necessarily applicable to your specific business or workplace. If a topic relates to your business or workplace, you should make sure you do your own research on how applicable and relevant the information or advice is to your particular situation

Links and Info on Current Australian No Smoking Legislation

[ NSW ] [ACT ] [ VIC ] [ QLD ] [ SA ] [ WA ] [ TAS ] [ NT ]

New South Wales - Implementation 2nd July 2007

Smoking to be banned in all substantially enclosed licensed premises in July this year. These requirements will fall under the Smoke Free Environment Amendment Act 2004 (NSW).

Smoking already banned in enclosed public places, under the Smoke Free Environment Act 2000 (NSW).

The final stage of the Passive Smoking legislation is about to come into effect this July for NSW. Under the Smoke Free Environment Amendment Act 2004 (NSW), smoking will no longer be permitted in any enclosed (or substantially enclosed) licensed premises. ‘Substantially enclosed’ refers to 75% or greater of the total notional wall area. For definitions and details click on the link below. Smoking is already banned in enclosed workplaces and enclosed public areas, under the Smoke Free Environment Act 2000 (NSW) which is supported by NSW OH&S legislation. More information: http://www.health.nsw.gov.au/public-health/health-promotion/tobacco/sfeaa2004.html

ACT - Comprehensive Laws Implemented 1st December 2006

Smoking banned in all enclosed public places and workplaces, which includes licensed premises under the Smoking (Prohibition in Enclosed Public Places) Act 2003 (ACT). The Act has been in place since December 1 st 2006.

Similar to the legislation about to be introduced to NSW and Victoria, the ACT smoking restrictions apply to all substantially enclosed public places (75% or more – see link below for definitions). For more information click on the link below or contact your local government agency. http://health.act.gov.au/c/health?a=da&did=10152911&pid=1128469653

Victoria - Implementation 1st July 2007

Smoking to be banned in all substantially enclosed licensed premises in July this year. These requirements will fall under the amended Tobacco Act 1987 (Vic).

Smoking has already been banned in enclosed workplaces and public areas since 1 st March 2006 under the Act.

The final stage of the Passive Smoking legislation is about to come into effect this July for Victoria. Under the amended Tobacco Act 1987 (Vic), smoking will no longer be permitted in any enclosed (or substantially enclosed) licensed premises. ‘Substantially enclosed’ refers to 75% or greater of the total notional wall area. For definitions and details click on the link below. Smoking is already banned in enclosed workplaces and enclosed public areas under the Act since 1 st March 2006. For more information visit the website below or contact your local government. http://www.health.vic.gov.au/tobaccoreforms/index.htm

In some instances certain pubs, clubs or restaurants may be eligible for a $300 rebate on cigarette butt bins from Sustainability Victoria. To find out if you organisation qualifies, click on the link below or contact Sustainability Victroia. http://www.sustainability.vic.gov.au/www/html/2373-butt-bin-rebate-.asp?intSiteID=4
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Queensland - Active Since 1st July 2006

Smoking banned in workplaces, enclosed public places as well as various other public areas since 1 st January 2005 under the Tobacco and Other Smoking Products Amendment Act 2004 (QLD ).

Smoking banned in any enclosed licensed premises in all indoor and outdoor areas (with some exceptions) under the Act since 1 st July 2006.

Queensland set the benchmark for No Smoking legislation in Australia. Comprehensive ‘No Smoking’ legislation has been in place since January 1 st 2005, where smoking was banned in enclosed public places, as well as several other specified ‘busy’ public areas, particularly in the instance where children may be present. From July 1 st 2006, the smoking of cigarettes was also completely banned in any indoor or serviced outdoor areas within a licensed premises. These requirements fall under theTobacco and Other Smoking Products Amendment Act 2004 (QLD). There are some exemptions for holders of a ‘general’ or ‘club’ license. Smoking in enclosed workplaces and public areas has been banned by the Act since 1 st January 2005, which is supported by Queensland OH&S legislation. For more information see the link below or contact your local government. http://www.health.qld.gov.au/atods/tobaccolaws/existing_laws.asp
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South Australia - Implementation 1st November 2007

Smoking has already been banned in all enclosed public places, workplaces, and shared areas since 6 th December 2004, under amendments to the Tobacco Products Regulation Act 1997 (SA).

Smoking banned in vehicles with children passengers under the Act from May 31st, 2007.

Smoking banned in any enclosed licensed premises under the Tobacco Products Regulation Act 1997 (SA) from November 1 st, 2007.

South Australia is introducing the full extent of it’s No Smoking legislation in November this year. From this date onwards, smoking will be completely banned in all enclosed areas of pubs, clubs and the casino. Smoking is currently banned in all enclosed public places, workplaces and shared areas under the Act which is supported by SA OH&S legislation. From 31 st May 2007 onwards, smoking will also be banned in all motor vehicles with children passengers. For more information click on the link below or contact your local government. http://www.tobaccolaws.sa.gov.au
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Western Australia - Comprehensive laws implemented 31st July 2006

Smoking banned in all enclosed public places, including licensed premises, from July 31st 2006, under the Tobacco Products Control Act 2006 (WA).

Smoking is also banned in any enclosed workplace under the Occupational and Health Regulations 1996.

Western Australia introduced it’s final stage of the Passive Smoking legislation in July 2006. Smoking is banned in all substantially enclosed public places which includes licensed premises. The only exemption from the current laws is the in the High Roller room at the Burswood Casino. Click on the link below or contact your local government for more information. http://www.tobaccocontrol.health.wa.gov.au/home/
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Tasmania - Comprehensive laws implemented 1st January 2006

Smoking banned in all enclosed public places and workplaces, which includes licensed premises under the amended Public Health Act 1997 (Tas). The Act has been in place since January 1st 2006.

Tasmania introduced the final stages of it’s Passive Smoking legislation in January 2006. Smoking is now banned in all substantially enclosed public places and licensed premises. Further restrictions apply to outdoor areas of licensed premises which are serviced, entry points to public buildings, work vehicles where other people are present, outdoor dining areas, and various other areas specified in the Act. For more information click on the link below or contact your local government for more information. http://www.dhhs.tas.gov.au/healthyliving/smoking/smokefreearea.php
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Northern Territory - Final Stages implemented 31st May 2003

Under the Tobacco Control Act 2002 (NT), smoking is banned in all enclosed public places, enclosed workplaces, food services and dining areas, entrances/doorways accessing public buildings (including licensed premises), dance floors within licensed premises as well as various other areas specified in the Act.

Under the Act, licensed premises are also required to provide ‘equal amenity’ for non-smokers.

This has all been in place since 2003 (introduction dates varied for specified areas, between 1 st Jan and 31 st May 2003).

The most lenient of the Australian States and Territories, NT introduced legislation which came into effect throughout 2003. Smoking was banned in a number of key public areas, but the extent of the ban is limited. Smoking has not been outlawed in all indoor licensed areas, although areas ‘of equal standards’ must be designated as non-smoking within these areas to provide for non-smokers. For a more comprehensive guide to the smoking regulations in NT, visit the link below or contact your local government for more information. http://www.nt.gov.au/health/healthdev/aodp/tap/smokefree/legislation.shtml
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DISCLAIMER: All the information or advice on this page aims to be as accurate as we can reasonably make it. However, the information and advice is general and not necessarily applicable to your specific business or workplace. If a topic relates to your business or workplace, you should make sure you do your own research on how applicable and relevant the information or advice is to your particular situation.

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