Smoking and vaping in public places

Smoking and vaping are prohibited in many public places under the Tobacco Products Control Regulations 2006 (external site) and its regulations. These laws help protect the community from exposure to second-hand smoke and vape emissions.

Second-hand smoke and vape emissions contain harmful chemicals that can cause breathing problems and other serious health risks. The risk is higher for babies and children, pregnant people, and people living with chronic health conditions.

Enclosed public places

Smoking and vaping are not allowed inside enclosed public places, including all workplaces.

This includes:

• shopping centres
• theatres and cinemas
• airports
• cafes and restaurants
• pubs, bars and nightclubs
• sporting clubs and centers
• public transport, including buses, trains and taxis
• community halls.

The ban applies:

• inside all buildings and enclosed areas
• within 5 metres of entrances
• within 10 metres of air-conditioning intakes.

Outdoor public places

Smoking and vaping are prohibited in a range of outdoor public places.

Outdoor eating areas

It is against the law to smoke or vape in outdoor eating areas at public places where people sit and eat or drink at tables. This includes:

• cafes and restaurants
• delis
• lunch bars
• other food outlets where people sit and eat or drink.

Liquor licensed premises that are not subject to a restaurant liquor licence may designate up to 50 per cent of an outdoor area for smoking or vaping. These areas must be at least 5 metres from a public entrance and clearly separated and signposted.

Venues may choose to make all areas completely smoke-free and vape-free, including outdoor eating areas.

Between the flags on patrolled beaches

Smoking and vaping are not allowed between the flags or other markers on patrolled swimming beaches.

Patrolled beaches usually have:

• lifesavers and/or lifeguards on duty
• two red and yellow flags showing where it is safe to swim.

Local governments may display signs to indicate smoke-free and vape-free areas. Some local governments may also have local laws extending smoke-free and vape-free areas beyond patrolled zones or on unpatrolled beaches.

Within 10 metres of playground equipment

Smoking and vaping are not allowed within 10 metres of playground equipment in public places.

This includes playgrounds located in:

• local government parks and gardens
• state-owned facilities such as Kings Park
• venues such as cafes, hotels, fast food outlets and sporting venues.

In vehicles with children

It is against the law to smoke or vape in a car or other vehicle when a child under 17 years of age is present.

Children are more vulnerable to the harmful effects of second-hand smoke and vape emissions because their lungs and bodies are still developing.

Signage

Clear signage helps people to understand and follow these laws. Check out the signs provided by the Department of Health (external site).

Penalties

Failing to comply with smoking and vaping laws may result in enforcement action including:

• an infringement notice of $500
• a maximum penalty of up to $2,500 if taken to court. 

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This publication is provided for education and information purposes only. It is not a substitute for professional medical care. Information about a therapy, service, product or treatment does not imply endorsement and is not intended to replace advice from your healthcare professional. Readers should note that over time currency and completeness of the information may change. All users should seek advice from a qualified healthcare professional for a diagnosis and answers to their medical questions.