Why have Smoke-free Areas?
Scientific evidence has demonstrated that environmental tobacco smoke or passive smoking is a risk to human health. Banning smoking in enclosed areas such as public places and workplaces removes that risk.
Smoke-free Areas in Tasmania
In Tasmania, the Public Health Act 1997 creates smoke-free areas in order to protect the public and workers from the harmful effects of environmental tobacco smoke.
The legislation requires all indoor public places and workplaces, including licensed premises, to be smoke-free and creates obligations for businesses, employers and smokers. There are penalties for people who smoke in smoke-free areas and occupiers who allow people to smoke in smoke-free areas.
The following areas must be smoke-free:
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All indoor areas at public places and workplaces including offices, shopping centres, factories, hospitals, bars and nightclubs, gaming areas, indoor areas at restaurants, corridors, toilets, function rooms and movie theatres.
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Areas within 3 metres of a doorway to a public building.
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Areas within 10 metres of air intake for ventilation equipment servicing a public building.
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Work vehicles when another person is present.
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On or after 1 January 2008, a person must not smoke inside a vehicle if a child (being a person under the age of 18 years) is inside the vehicle.
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Any other area (not being on private premises) designated by the occupier to be smoke-free.
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50% of Outdoor Dining Areas.
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Reserved seating areas of outdoor sporting or cultural venues.
Where can I Smoke?
Smoking is permitted in the following areas unless the occupier has designated the area as smoke-free:
- Personal living areas, such as hotel/motel rooms and caravans (check individual policy)
- Residential care facilities
- Prisons
- Outdoor areas with some exceptions (refer back to No Smoking Areas)
- Outdoor areas on licensed premises
- 50% of Outdoor Dining Areas at licensed premises, restaurants, cafes, snack bars and takeaway food shops.
- Within 3 metres of a doorway at some premises where food and tables are provided for dining.
What Happens if Someone Smokes in a Smoke-Free Area?
The smoker risks an on-the-spot fine of $240 and/or prosecution. The maximum fine for an offence is $2400.
The owner/manager also risks an on-the-spot fine of $100 and/or prosecution. The maximum fine for an offence is $6000.
Nobody Smokes Here Anymore Campaign
The smoke-free areas legislation was extended to include all licensed premises from 1 January 2006. A public education campaign was implemented at the time to promote the changes and assist licensees and the public. The campaign was a joint development between the Liquor, Hospitality and Miscellaneous Workers Union, the Cancer Council of Tasmania, Quit Tasmania, the Australian Hotels Association and the Department of Health and Human Services.
Campaign materials included:
Further Information
Or contact a Tobacco Control Officer.