Smoke-Free Public Places Act 2003

This Act is the Smoke-Free Public Places Act 2003.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘gaming area—see the Gaming Machine Act 2004, dictionary.’ means that the term ‘gaming area’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 1A Important concepts

The object of this Act is to promote public health by minimising the exposure of people to environmental smoke—

in enclosed public places; and

in outdoor eating or drinking places; and

at underage functions.

For this Act, smoke means—

smoke from an ignited tobacco product or herbal product; or

vapour from an activated personal vaporiser or vaping good.

For this Act, a person smokes if the person—

directly puffs, draws or inhales smoke or vapour, whether or not the person uses a device designed for the inhalation of smoke or vapour by a smoker; or

holds or has control over a smoking product while it is ignited or activated.

Examples—devices—par (a)

1 a cigarette holder

2 a pipe (including a hookah, water pipe or bong)

However, a person does not smoke only because the person holds or has control over a smoking product if the person holds or has control over it for the purpose of extinguishing it, deactivating it or removing it from—

an enclosed public place; or

an outdoor eating or drinking place; or

an underage function.

In this section:

herbal product—see the Tobacco and Other Smoking Products Act 1927, dictionary.

personal vaporiser—see the Tobacco and Other Smoking Products Act 1927, section 3B.

smoking product means any of the following:

a tobacco product;

a herbal product;

a personal vaporiser;

a vaping good.

tobacco product—see the Tobacco and Other Smoking Products Act 1927, dictionary.

vaping good—see the Tobacco and Other Smoking Products Act 1927, section 3C.

Part 2 Smoking prohibited in enclosed public places

A person commits an offence if the person smokes in an enclosed public place.

Maximum penalty: 5 penalty units.

An offence against this section is a strict liability offence.

A person commits an offence if—

the person smokes in an enclosed public place; and

an inspector, or the occupier of the place, directs the person to stop smoking in the enclosed public place; and

the person contravenes the direction.

Maximum penalty: 20 penalty units.

An offence against this section is a strict liability offence.

A person does not commit an offence against this section if—

the direction was given by an inspector who is not a uniformed police officer; and

when asked by the person, the inspector does not produce the inspector’s identity card for inspection.

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

The occupier of an enclosed public place commits an offence if a person smokes in the enclosed public place.

Maximum penalty: 10 penalty units.

An offence against this section is a strict liability offence.

The occupier does not commit an offence against this section if—

the occupier was not aware, and could not reasonably be expected to have been aware, that the person was smoking in an enclosed public place; or

the occupier directed the person to stop smoking in the enclosed public place and the person contravened the direction.

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

The occupier of premises on which there is an enclosed public place commits an offence if the occupier fails to take reasonable steps to prevent smoke entering the enclosed public place from another part of the premises occupied by the occupier.

Maximum penalty: 10 penalty units.

The regulations may prescribe requirements in relation to the display of ‘no smoking’ signs in enclosed public places.

The occupier of an enclosed public place commits an offence if—

a ‘no smoking’ sign is required by regulation to be displayed in the enclosed public place; and

the sign is not displayed as required by regulation.

Maximum penalty: 5 penalty units.

An offence against this section is a strict liability offence.

The occupier of premises commits an offence if the occupier fails to take reasonable steps to prevent smoke from the premises entering an enclosed public place on other premises.

Maximum penalty: 10 penalty units.

Part 2A Smoking prohibited in outdoor eating or drinking places

Division 2A.1 General