Updated 10 September 2008
Smoking is prohibited in Commonwealth government buildings, aircraft and buses registered under the Federal Interstate Registration Scheme, in all Federal airports, and on all flights operating in domestic airspace.
In Tasmania smoking was prohibited in many public places under the Public Health Act 1997. On 1st January 2006 this was extended to include all bars. As a result all indoor public places and workplaces in Tasmania must be smoke-free. The legislation also prohibits smoking within 3 metres of entrances or exits of non-domestic buildings, furthermore at least half of the tables in outdoor dining areas must be smoke-free. Proposed new laws to prohibit smoking in cars with child passengers are to go before the Cabinet in early 2007.
In Queensland under the Tobacco and Other Smoking Products Act smoking is not allowed in most indoor public places. Following a review of the tobacco laws the Tobacco and Other Smoking Products Amendment Act 2004 was passed in November 2004 and are more smoke-free areas are being phased in between 1st January 2006 and 1 July 2006:
On January 1st 2005, the following areas became smoke-free zones:
To allow all Queenslanders to fully understand these changes, Queensland Health allowed a grace period of three months (to 30th March 2005). During this time Environmental Health Officers inspected premises and provided advice and education about the new laws. Details of penalties and enforcement can be found on the Queensland Health website.
Smoke-free legislation for all licensed hotels, clubs and restaurants and in outdoor areas where food and drink are served will be phased in by July 1, 2006. Exemptions are permitted for casino higher roller rooms.
In New South Wales most enclosed public places became smokefree on 6 September 2000 under the Smoke-Free Environment Act 2000 and the Smoke-Free Environment Regulation 2005. A ban on smoking in licensed premises will be phased in by July 2007 under the Smoke-Free Environment Amendment Act 2004, Smoke-Free Environment Amendment Regulation 2005 and Smoke-Free Amendment (Enclosed Places) Regulation 2006. From 4th July 2005, smoking was only permitted in an area not exceeding 50% of the total combined area of bar/gaming/recreational area. Toilets, lobbies, throughfares, dance floors and auditoria in all became smoke-free. From 3rd July 2006, clubs were be permitted a maximum of one smoking room, not exceeding 25% of the total combined area of bar, gaming and recereational rooms. From 2nd July 2007 smoking is no longer permitted in any indoor areas of licensed premises. Smoking is permitted in the private gaming areas of the Star City Casino, although this exemption will be reviewed annually.
In Western Australia all enclosed public places became smoke-free on 31st July 2006 under the Tobacco Products Control Act 2006 and associated regulations. The only exemption is for the Burswood Casino's International Room. Before the 31st July most public places, apart from licensed premises, were already required to be smoke-free. Further information is available from the Tobacco Control Branch of the Western Australia Department of Health
In Victoria, the Tobacco Act 1987 prohibits smoking in restaurants, cafes, dining areas and shopping centres. On the 1st March 2006 enclosed workplaces, covered railway platforms, bus and tram stops and underage music and dance events became smoke-free under new tobacco laws. Enclosed licensed premises and outdoor eating and drinking areas (where there is a roof and the wall surface area is more than 75%) became smoke-free on 1st July 2007. Gambling areas at the Crown Casino are exempt from the legislation. Further information can be found on the Victorian Government's Tobacco Reforms website..
In South Australia, under the Tobacco Products Regulation Act 1997 smoking is prohibited in enclosed public places, workplaces or shared areas. However there are temporary exceptions. Until the end of October 2007 smoking was permitted in licensed premises with multiple bars. Until November 2007 the Act did not apply to designated smoking areas in gaming areas. As of November 2007 all enclosed public places are smoke-free. A ban on smoking in cars when travelling with children under the age of 16 came into effect May 2007.
In the Northern Territory many public places became smokefree on 1st January 2003 including eating places, community buildings, public transport, dancefloors and schools or within 2 metres of entrances to non-domestic buildings. On 31st May 2003 licensed premises were required to provide "equal amenity" for nonsmokers and smokers and smoking was no longer permitted in enclosed workplaces.Further information on legislation in the Northern Territory is available from the Department of Health and Community Service. The results of a review of legislation in the Northern Territory are pending.
In 1994, the Australian Capital Territory became the first jurisdiction in Australia to enact legislation to restrict smoking in enclosed public places. The Smoke-Free Areas (Enclosed Public Places) Act 1994 required most enclosed public places to go smoke-free by December 1994. Restaurants and licensed premises could seek a certificate of exemption if they met certain air-quality standards. Exempt restaurants could not be more than 25% smoking and exempt licensed premises could not be more than 50% smoking. An amendment to the legislation ending this exemption system was passed in 2003 and came into force on 1st December 2006.
However this Act will be repealed by the commencement of the Smoking (Prohibition in Enclosed Public Places) Act 2003 on 1st December 2006. This Act prohibits smoking in enclosed public places, the regulations accompanying the Act defines an enclosed place it is 75% or more enclosed or is covered (fixed or moveable).
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