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

Prior to the introduction of this law, many enclosed public places and shared areas were already smoke-free through polices created by owners and organisations. This legislation compliments the policies already in place and ensures smoke-free enclosed areas, which the public has come to expect.

What is meant by ‘enclosed’?

An area without a ceiling/roof of any type is considered to be unenclosed. If there is a ceiling/roof, the area is considered enclosed if the ceiling and wall space is at least 70% enclosed.

What is meant by public place?

A public place or public area is something that is open to, or used by the public, whether access is unrestricted or subject to payment of money, membership of a body or otherwise. For example, the following enclosed public places must be smoke-free:

• Shopping malls
• Cafes and restaurants
• Enclosed sports or recreation areas, eg swimming pools
• Non-licensed venues, eg community halls

What is meant by shared area?

In some residential facilities, eg units and hostels, there are areas that are used by all tenants, these are considered shared areas. For example, the following enclosed shared areas must be smoke-free:

• enclosed stairwells, car parks, foyers or corridors
• laundries, kitchens or common rooms

How is this enforced?

State Government Officers are trained and authorised to enforce the regulations.

Owners and operators should put up signage and remove ashtrays and anything else designed to facilitate smoking in non-smoking areas.

What are the penalties?

The maximum fine for the occupier of the premises is $1,250.00. For the person smoking the maximum fine is $200.00.