List of smoking bans in Australia
From Wikipedia, the free encyclopedia
The following is a list of smoking bans in Australia.
The list shows federal, state and local laws. For other smoking bans and restrictions, see the worldwide list of smoking bans.
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[edit] 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 (bar NT) have banned smoking in enclosed public places, particularly workplaces and restaurants.
[edit] Australian states and territories
[edit] Australian Capital Territory
In the Australian Capital 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 does not apply.[citation needed]
[edit] New South Wales
A total "enclosed space" ban was introduced in 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.[citation needed]
[edit] Northern Territory
The Northern Territory government has announced it will not ban smoking in pubs, but has ensured that smokers and non-smokers will have equal amenity.[citation needed]
[edit] Queensland
Smoking is prohibited in all pubs, clubs, restaurants and workplaces in Queensland, 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.[citation needed]
[edit] South Australia
A total enclosed public place smoking ban was introduced in South Australia 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.
[edit] Tasmania
Tasmania was the first Australian state to introduce a total indoor smoking ban in January 2006.[citation needed] 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. [1]
[edit] Victoria
A total enclosed public place smoking ban was introduced in Victoria 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 (ie 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.[citation needed]
[edit] Western Australia
Western Australia 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: for government guidelines on breakout areas, visit: [1]
[edit] See also
[edit] References
[edit] Further reading
- Burnett, Peter (2006) OURhotel Local Government Edition (Official publication of the Australian Hotels Association) http://www.aha.org.au/Documents/AHALGEdition.pdf
- 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
[edit] External links
- (2002)Environmental tobacco smoke in Australia [electronic resource]: prepared by VicHealth Centre for Tobacco Control. Canberra: Dept. of Health and Ageing.ISBN 0642503931 (PANDORA electronic collection).[2]
- http://www.aha.org.au/smoking.html (Australian Hotels Association website)