Declared smoke-free outdoor areas and events

Local councils and other incorporated bodies can apply to have an outdoor area or event declared smoke-free.

What is the purpose of this law?

Section 51 and 52 of the Tobacco Products Regulation Act 1997 allow local councils and other incorporated bodies to identify and apply to have certain outdoor areas or events declared smoke-free. This allows the area or event’s non-smoking status to be enforceable. 

Who can apply?

Applications can be made by local councils and other incorporated bodies. Individuals can seek declarations through their local council.

Incorporated bodies include groups that run major events such as festivals, shows and music events.

Can declared smoke-free outdoor areas or events include smoking zones?

Sometimes it may be impractical to totally prohibit smoking in an area, for example it may be difficult to manage pass-outs at ticketed events. In these instances applicants can specify areas where smoking will be allowed and this will be considered as part of the application.

How long does it take to get an area declared smoke-free?

For short-term events (up to three days) the Minister for Mental Health and Substance Abuse has the power to declare a smoke-free area (Section 51). Examples include football carnivals, fetes, pageants and other community events. Completed applications for an event of three days or less should be received at least eight weeks before the event.

Longer-term areas and events are able to be declared smoke-free by Regulation (Section 52). Due to the Cabinet and Parliamentary processes required to introduce a Regulation, applications need to be submitted at least six months before the event or required date.

For more information about the application process an Application Guide has been developed and can be downloaded from the Documents section below.

Enforcement

Any person aged 15 years and over found smoking in a declared area is guilty of an offence and can be fined up to $200. An expiation fee of $75 can be issued by authorised officers.

Local councils that apply for a declared area are expected to demonstrate that they can enforce the smoke-free area by having their own authorised officers under the Tobacco Products Regulation Act 1997. To make an application for officers to be authorised, download the Authorisation of a Local Government Officer form from the Documents section below. For more information about this application process, call Health Protection Operations, SA Health on 1300 363 703.

Other event organisers are unable to apply to have authorised officers. Enforcement of the smoke-free area can be managed by staff and security officers asking patrons not to smoke and removing patrons from the event if they refuse to stop smoking. Staff and security officers cannot issue fines.

All SA Police Officers are authorised to enforce the Tobacco Products Regulation Act 1997.

Is there a cost to make an application?

No fees are charged to lodge an application for a declared area or to apply for an officer to become authorised.

For more information:

Tobacco Control Unit, Drug and Alcohol Services South Australia, SA Health

Ph: 08 8274 3451   Em: tobacco.control@health.sa.gov.au