Smoke-free Areas Fact Sheet

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Smoke-free Areas Fact Sheet

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A summary for people who smoke tobacco or e-cigarettes, occupiers of smoke-free areas, and organisers of smoke-free public events.

New electronic cigarette laws

  • From 29 November 2017, new laws apply to the use, supply, sale, and advertising of personal vaporiser products including electronic cigarettes (or e-cigarettes).
  • The changes are summarised in the fact sheet New laws for electronic cigarettes, smoke-free areas, and tobacco licensing.
  • This fact sheet summarises existing smoke-free area laws that now apply to personal vaporiser products.

No smoking in smoke-free areas

  • Using an electronic cigarette is sometimes called vaping. In Tasmania, the law refers to this as smoking.
  • Smoking an electronic cigarette or any other personal vaporiser product is banned in smoke-free areas.
  • In fact, all smoking is banned in smoke-free areas.
  • This applies no matter the substance smoked (for example - tobacco, herbs, or e-juice) or the item used to smoke it (for example paper cigarette, electronic cigarette, shisha or pipe).

Fines apply

  • A person who smokes in a smoke-free area can be fined.
  • A person may also be fined if they refuse
    to stop smoking in a smoke-free area when asked by an enforcement officer.

Smoke-free areas include:

  • enclosed public places or workplaces
  • any vehicle with a child in it
  • any work vehicle with another person in it
  • within three metres of bus shelters
  • bus malls and pedestrian malls
  • public swimming pools and between the flags at a beach
  • within three metres of the entrance/exit to a building
  • in and within three metres of an outdoor dining area
  • within 10 metres of a building’s ventilation air intake
  • within 20 metres of an outdoor sporting event
  • within 10 metres of a children’s playground
  • outdoor areas designated as smoke-free by the occupier
  • certain public events.

Occupiers of smoke-free areas

  • An occupier is someone who has the legal right to use or carry on operations at a place.
  • Occupiers of smoke-free areas have a responsibility to protect their patrons and staff from exposure to second hand smoke.
  • The occupier of a smoke-free area can be fined if a person smokes in that area.

  • Some defences do apply – if the occupier (or agent) did not provide an ashtray, match or lighter, or do any other thing to facilitate smoking in the area and:
    • the occupier could not reasonably be expected to have known the person was smoking
    • the occupier asked the person stop smoking, informed them it was an offence, and asked them to leave if they continued smoking.
  • Occupiers are encouraged to contact a tobacco control officer from the Department of Health and Human Services for advice in maintaining smoke-free areas. The officer can enforce the law and issue infringement notices or commence court proceedings if appropriate.
  • Occupiers must also:
    • display signs required by the Director of Public Health
    • maintain the amenity (quality) of smoke-free areas to at least the standard of any smoking areas provided by the occupier.
  • A guide for occupiers is available on the DHHS website.

Smoke-free public events

  • The occupier of the area where a smoke-free public event is held must follow the same laws as any other occupier of a smoke-free area (see the previous heading in this fact sheet).
  • Organisers of any public event are encouraged to voluntarily make it a smoke-free event.
  • Certain types of public events are required by law to be smoke-free – a full list is available on the Department’s website.
  • The organiser of such an event may apply to have a designated smoking area. This was previously introduced to help organisers transition towards an entirely smoke-free event.

More information

Department of Health and Human Services website

Email tobacco.control@dhhs.tas.gov.au

Phone:(03) 6166 6665

Public Health Act 1997

This information is a guide only. Legal obligations attaching to the retail of smoking products in Tasmania arise under the Public Health Act 1997 and guidelines issued under that Act. This information has been prepared in good faith but is not a substitute for legal or other professional advice with respect to obligations arising under that Act.