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Federal law bans smoking in all Australian Commonwealth government buildings, public transport, airports, and international and domestic flights. Australia banned smoking on domestic flights in December 1987, on international flights within Australian airspace in 1990, and in 1996 banned smoking on all Australian international flights.
Further bans are in place but are governed by individual states. Currently all Australian states and territories have banned smoking in vehicles with children, in some enclosed public places, particularly most major company-owned workplaces, and most enclosed restaurants. Tobacco products cannot be sold or supplied to persons under 18 years old, but there is no legal age to use them.
The Australian Government has made very few laws on electronic cigarettes and leaves such policy up to the states.
On 6 December 1995, the Australian Capital Territory (ACT) banned smoking in cafes and restaurants, the first jurisdiction in Australia to do so. [1] Since 1 December 2006 a smoking ban has applied to all enclosed public places. [2]
The laws were extended to prohibit smoking in most outdoor eating areas starting in December 2010. [3] Exceptions to this rule can be made but only under certain 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 metres or a non-transparent fixed wall barrier at least 3 metres high.
In June 2023, any/all smoking in prisons within the Australian Capital Territory are officially banned by subordinate legislation - to be inline/uniform with all other jurisdictions across Australia. [4]
On 6 September 2001, New South Wales banned smoking in enclosed public areas, except for bars and licensed premises. [5] The Government introduced a total "enclosed space" ban in New South Wales on 1 July 2007. 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. [6]
Since 1 July 2009, smoking in a car with someone under the age of 16 has also been against the law. The Public Health (Tobacco) Act 2008 creates an offence of smoking in a car with a child under 16 years of age in the vehicle. A $250 on-the-spot fine applies to the driver and any passenger who breaks the law. [7] However licence premises may set aside an outdoor smoking area for drinking only and must be 4 metres away from restaurant tables and no more than 75% enclosed.
Since 7 January 2013, smoking has been banned at public (outdoor) playgrounds within 10 metres of children's play equipment, in open areas of public swimming pools, at major sports grounds, within 4 m of any building open to the public and at public transport stops (including outdoor parts of railway stations, bus stops, light rail stops and taxi ranks). Bans on smoking within 4 metres of a pedestrian access point to a public building, including seated areas, restaurants and cafés has been in effect since 6 July 2015. [8]
Smoking has been banned at correctional facilities within the state since 10 August 2015. [9] [10] [11] [12]
Smoking is banned in all government buildings, tour buses, taxis and flights to and from Norfolk Island. There is no law on smoking in restaurants, but many are smoke-free; however, they often have a dedicated smoking room for people that wish to smoke. Smoking is permitted in all bars and licensed premises. Resorts and motels have smoking rooms and areas for smokers.
Certain restrictions on smoking in enclosed areas of restaurants, licensed clubs and pubs came into force in the Northern Territory on 2 January 2010. Areas such as pubs, clubs and restaurants can now only have 50% of their premises a smoking room/area. The Northern Territory is also the last jurisdiction In Australia that still allows smoking inside certain areas of schools providing children do not have access to that area. In the Northern Territory it is common for bars in rural areas to disobey the smoking bans that the government has put into place although fines can be issued ranging from $1000 to $8000.
Northern Territory became the first jurisdiction to ban smoking in correctional facilities when it introduced a total ban on cigarettes in the institutions on 1 July 2013. [13] [14]
Queensland banned smoking in all pubs, clubs, restaurants and workplaces, 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 metres 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 outdoor eating or drinking places, smoking has been prohibited since 1 July 2006. Since 1 January 2010, the Queensland Government banned smoking in cars where children under the age of 16 are present. [15]
In 2014, Queensland banned tobacco in correctional facilities, the second state to do so, [16] [17] but high rates of smoking relapse among people released from prison have led to debate around the effectiveness of this ban in promoting long-term cessation. [18] Some prisoners in Queensland are getting around the prison smoking bans by creating and smoking "teabacco", which is nicotine patches or lozenges mixed with tea leaves, and rolled up in Bible paper. [19] A forensic analysis of teabacco made from nicotine lozenges identified some potentially toxic compounds, but concluded that teabacco made from nicotine lozenges may be less harmful than traditional tobacco cigarettes. [20]
South Australia banned smoking in enclosed public place on 1 November 2007. 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 cars while children (under 16) are passengers. [21] Since April 2012, smoking is not allowed beneath covered public transport waiting areas, including bus, tram, train and taxi shelters. [22]
South Australia banned smoking inside prison cells starting in January 2015. Smoking in public outdoor dining areas has been banned in South Australia since July 2016 (the second-to-last state to do so). [23]
Tasmania was the first Australian state to introduce a total indoor smoking ban in January 2006. [24] 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. [25] (The laws would be strictly enforced only after a three-month education period. [25] ). Smoking has been banned in all outdoor restaurants since 2012, however outdoor areas of licensed premises are exempt from the ban.
Tasmania has banned smoking in correctional facilities since January 2015.
Victoria banned smoking in enclosed public places on 1 July 2007. [26] [27] Smoking is permitted in non-enclosed 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; smoking rooms in motels; private business; courtyards; outdoor shopping malls; personal living areas in residential care facilities; marquees; and footpaths. Smoking is permitted in high roller rooms and certain smoking rooms of the Crown Casino. The sale of tobacco products to people under 18 is prohibited [28] but there is no age limit to legally possess these products.[ citation needed ] A ban on smoking in cars carrying children (aged under 18) became effective since 1 January 2010. Smoking is prohibited on all areas of train stations and raised platform tram stops as of 1 March 2014. [29] A ban on smoking within 4 metres of school entrances became effective in May 2015. [30]
Victoria has banned smoking in correctional facilities since July 2015. [31] [32]
Effective 1 August 2017, the Tobacco Amendment Act 2016 amended the Tobacco Act 1987 to ban smoking at all outdoor dining areas when food is available for consumption. [33]
Western Australia banned smoking in all indoor areas of pubs, bars and clubs on 31 July 2006. [34] Smoking bans apply in outdoor eating areas, where people eat and/or drink sitting at tables (e.g. restaurants, cafes, delis, lunch-bars and hotels). Smoking is banned within 10 metres of any children's playground equipment. Smoking is prohibited “between the flags” on a beach in patrolled swimming areas. It is also illegal to smoke in a car if a child (aged under 17) is inside. Liquor licensed premises that are not subject to a restaurant licence may set aside up to 50 per cent of outdoor eating areas as smoking zones. Smoking is permitted in the international room and pearl room at the Burswood Casino. The Health Minister has regulated to allow footpath drinking without food to accommodate smokers. [35]
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Ban | Federal | ACT [36] | NSW [37] | NI [38] | NT | Qld [39] | SA | Tas | Vic | WA |
---|---|---|---|---|---|---|---|---|---|---|
Enclosed public places | Partial | Partial | Partial | |||||||
Airports | ||||||||||
Commonwealth public buildings | ||||||||||
Domestic and international flights | ||||||||||
Public transport | ||||||||||
Private health facilities | ? | ? | ||||||||
Outdoor public places | Partial | Partial | Partial | Partial | Partial | Partial [33] | Partial | |||
BBQ and picnic areas | ? | ≤ 10 m | ? | |||||||
Beaches | ? | ? | ? | |||||||
Campsites | ≤ 10 m | |||||||||
Child care facilities | ? | ≤ 5 m | ? | |||||||
Children's play equipment | ≤ 10 m | ? | ≤ 10 m [40] | ? | ||||||
Commercial drinking areas (such as partly enclosed outdoor bars and cafés that sell alcoholic and non alcoholic beverages and snacks only) | ? | ? | ? | ? | ? | |||||
Commercial eating areas | ? | ? | [33] | ? | ||||||
All enclosed areas of Casinos | ? | ? | ? | ? | ||||||
Jetties and boat ramps | ≤ 10 m | |||||||||
Outside of health facilities | Partial | ? | ≤ 5 m | ? | Within 4 metres of entrance | ? | ||||
Outside of toilet blocks | ≤ 10 m | |||||||||
Pedestrian entrances to non-residential buildings | ≤ 4 m | ? | ≤ 5 m | ? | ? | |||||
Pedestrian malls | ||||||||||
Public transport stops and platforms | ? | ≤ 5 m | Covered waiting areas only | ? | Partial | ? | ||||
Schools | Government schools | ? | ≤ 5 m | ? | Government schools | ? | ||||
Skate parks | ? | ≤ 10 m | ? | ? | ||||||
Sporting events [a] | Partial | ? | ? | ? | Certain children's events only | ? | ||||
Swimming pools | ? | ? | ? | |||||||
Visitor information centres | ≤ 10 m | |||||||||
Private vehicles | With children < 16 | With children < 16 | ? | With children < 16 | With children < 16 | ? | With children < 18 | Children under 17 |
Smoking bans, or smoke-free laws, are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The spaces most commonly affected by smoking bans are indoor workplaces and buildings open to the public such as restaurants, bars, office buildings, schools, retail stores, hospitals, libraries, transport facilities, and government buildings, in addition to public transport vehicles such as aircraft, buses, watercraft, and trains. However, laws may also prohibit smoking in outdoor areas such as parks, beaches, pedestrian plazas, college and hospital campuses, and within a certain distance from the entrance to a building, and in some cases, private vehicles and multi-unit residences.
Passive smoking is the inhalation of tobacco smoke, called passive smoke, secondhand smoke (SHS) or environmental tobacco smoke (ETS), by individuals other than the active smoker. It occurs when tobacco smoke diffuses into the surrounding atmosphere as an aerosol pollutant, which leads to its inhalation by nearby bystanders within the same environment. Exposure to secondhand tobacco smoke causes many of the same health effects caused by active smoking, although at a lower prevalence due to the reduced concentration of smoke that enters the airway.
The Smoking, Health and Social Care (Scotland) Act 2005 is an Act of the Scottish Parliament passed in 2005, after being introduced by Scottish Executive Health minister Andy Kerr.
Smoking in Argentina accounts for 15% of total tobacco consumption in the Americas. In the 20th century, the government promoted settlement and economic development in the northern subtropical zones, with tobacco playing a central role. A new government agency worked to educate farmers and promote the cultivation, processing, and marketing of tobacco. While tobacco factories were initially concentrated around Buenos Aires, they gradually extended into the northern production regions. By 1960, Argentina accomplished self-sufficiency in tobacco production. By the 1970s, its annual output exceeded 60,000 metric tons, with one-third exported. At the local level cooperatives are active, they sell to one of two multinational companies, Nobleza-Picardo, an affiliate of the British American Tobacco company, and Messalin-Particulares, associated with Philip Morris International. Argentina held the global rank of third place in terms of production, trailing behind Brazil and Mexico.
A smoking ban in England, making it illegal to smoke in all enclosed workplaces in England, came into force on 1 July 2007 as a consequence of the Health Act 2006. Similar bans had already been introduced by the rest of the United Kingdom: in Scotland on 26 March 2006, Wales on 2 April 2007 and Northern Ireland on 30 April 2007. Plain tobacco packaging and a smoking ban in cars with passengers under 18 were introduced under Children and Families Act 2014.
The loi Évin is the French alcohol and tobacco policy law passed in 1991. It takes its name from Claude Évin, then Minister of Health, who proposed it to Parliament.
The use of tobacco for smoking in New Zealand has been subjected to government regulation for a number of decades. On 10 December 2004, New Zealand became the third country in the world to make all indoor workplaces including bars and restaurants smoke-free. The smoking rate in New Zealand was about 8% as of 2023 when the new government planned to eliminate the nation's smoking ban to fund tax cuts.
Smoking bans in private vehicles are enacted to protect passengers from secondhand smoke and to increase road traffic safety, e.g. by preventing the driver from being distracted by the act of smoking. Smoking bans in private vehicles are less common than bans extended to public transport or vehicles used during work, like trucks or police cars.
Tobacco smoking in Hong Kong has declined in recent decades, with 10 percent of Hong Kongers smoking on a daily basis as of 2017. It is the policy of the Hong Kong government to discourage smoking. Smoking is banned in most public places and tobacco advertising is prohibited.
About a quarter of adults in Turkey smoke. Smoking in Turkey is banned in government offices, workplaces, bars, restaurants, cafés, shopping malls, schools, hospitals, and all forms of public transport, including trains, taxis and ferries. Turkey's smoking ban includes provisions for violators, where anyone caught smoking in a designated smoke-free area faces a fine of 188 Turkish lira (~€9.29/$9.90/£8.22) and bar owners who fail to enforce the ban could be fined from 560 liras for a first offence up to 5,600 liras. The laws are enforced by the Ministry of Agriculture and Forestry of Turkey.
Smoking in Singapore is subjected to restrictions enacted through various legislations such as the Smoking Act, which was first enacted in 1970.
SmokinginCanada is banned in indoor public spaces, public transit facilities and workplaces, by all territories and provinces, and by the federal government. As of 2010, legislation banning smoking within each of these jurisdictions is mostly consistent, despite the separate development of legislation by each jurisdiction. Notable variations between the jurisdictions include: whether, and in what circumstances ventilated smoking rooms are permitted; whether, and up to what distance away from a building is smoking banned outside of a building; and, whether smoking is banned in private vehicles occupied by children.
Smoking in Ireland is banned fully in the general workplace, enclosed public places, restaurants, bars, education facilities, healthcare facilities and public transport. However, it is permitted in designated hotel rooms and there is no ban in residential care, prisons and in outdoor areas. Public opinion is in favour of the bans on smoking which are in place in Ireland.
Smoking in Iceland is banned in restaurants, cafés, bars and night clubs as of June 2007. A large majority of Icelanders approve of the ban. At the time the ban went into effect, almost one in four Icelandic people were smokers.
Smoking in Greece was at the highest rate of tobacco consumption in the European Union in 2010. In 2014, Greece had the highest rate of smoking in the European Union. According to a survey published by the European Commission Day for World No Tobacco Day in 2017, 37% of Greeks are smokers and only 44% of Greeks have never smoked a cigarette, the smallest percentage in the EU. After Greece, France and Bulgaria have the next largest number of smokers with 36%.
Executive Order No. 26, entitled Providing for the Establishment of Smoke-Free Environments in Public and Enclosed Places, was issued by Philippine President Rodrigo Duterte on May 16, 2017. This executive order invoked the Clean Air Act of 1999 and the Tobacco Regulation Act of 2003 to impose a nationwide ban on smoking in all public places in the Philippines. The ban replicates on a national level an existing ordinance in Davao City that Duterte created as mayor in 2002. The order took effect on July 23, 2017, 60 days after its publication in a newspaper.
Smoking in Australia is restricted in enclosed public places, workplaces, in areas of public transport and near underage events, except new laws in New South Wales that ban smoking within ten metres of children's play spaces.