There are various laws in Queensland which specify where and when you can and cannot smoke, as well as restrictions on the advertising, display and promotion of tobacco products for retailers. These laws also apply for the use of e-cigarettes. It is worthwhile taking some time to review these laws as penalties do apply for any breaches.
Smoking bans are in effect across Queensland in different locations and situations. They cover major public places where adults and, more importantly, children frequent. This is to limit the exposure of cigarette smoke to those who do not wish to breathe it in and generally make our State a healthier place to live in.
Below is a list of bans in place.
Health care facilities
Public and private hospitals
Smoking is banned at all Queensland public and private hospitals and health facilities, and for five metres beyond their boundaries.
Inclusions
Any land on which any Queensland Health Hospital and Health Service provides health services, including hospitals, community health centres, health clinics, rehabilitation centres. Land on which a private health facility (private hospitals and day hospitals) provides services.
Details
The buffer is a five metre no-smoking area beyond the boundary of the health care facility. This area does not extend into residential or business premises that share a boundary with health care land.
Residential aged care facilities
Smoking is banned at all Queensland public and private residential aged care facilities and for five metres beyond their boundaries.
Inclusions
Any land on which a facility is used to provide residential aged care is situated.
Exclusions
It does not include retirement villages and other areas where elderly persons live independently or aged care provided to people in their homes.
Details
A residential aged care facility may designate part of their outdoor area as a ‘nominated smoking place’ where smoking may occur.
The buffer is a five metre no-smoking area beyond the boundary of the residential aged care facility. This area does not extend into residential or business premises that share a boundary with residential aged care facility land.
More information
For fact sheets and signage see Extra resources.
Outdoor eating and drinking
Exclusions
Businesses can provide an outdoor area for patrons to smoke: but the food or drink you sell must not be served to patrons, taken into, or consumed in this area.
Applies while food and drink is being provided or is available to be provided.
Details
The smoking area must not be in a place where smoking is otherwise banned.
You must ensure that patrons smoke only in this area.
More information
For fact sheets and signage see Extra resources.
Education facilities
Schools
Smoking is banned at all Queensland state and non-state schools and for five metres beyond their boundaries.
Inclusions
Land on which state primary schools, secondary education, special education and non-state schools provide education programs.
Land on which a non-state school provides other educational facilities, instruction or activities, for example sports-grounds, and including land that is owned or leased by the school.
Exclusions
The five metre zone does not extend into residential or business premises that share a boundary with the school.
Details
The law applies at all times – during and after school hours, on weekends and during school holidays.
The buffer is a five metre no-smoking area beyond the boundary of the school facilities. This area does not extend into residential or business premises that share a boundary with school facility land.
Early childhood education and care facilities
Smoking is banned at all early childhood education and care facilities and for five metres beyond their boundaries.
Inclusions
Approved education and care services under the Education and Care Services National Law (Queensland) Act 2011.
Queensland approved education and care services under the Education and Care Services Act 2013.
Exclusions
For a family day care operating from a residential premises, the smoking ban does not apply when the premises is not being used to provide an early childhood education and care service (i.e. outside of operating hours).
Details
Smoking bans occur five metres beyond early childhood education and care facilities boundaries.
The smoking ban applies at all times – during and after service hours, on weekends and during school holidays.
More information
For fact sheets and signage see Extra resources.
Recreation places
Public swimming facility
Smoking is banned at public swimming facilities.
Inclusions
A public swimming facility is a swimming pool that is owned or operated by a local government and is open to the public for swimming, whether or not on payment of money.
Includes the associated area for the public swimming pool, for example kiosk and seating area adjacent, and if fences, the entire grounds inside.
Artificial beaches
Smoking is banned at artificial beaches.
Inclusions
- Streets Beach – South Bank (Brisbane)
- Settlement Cove Lagoon (Redcliffe)
- Airlie Beach Lagoon (Airlie Beach)
- Bluewater Lagoon (Mackay)
- Rockpool (Townsville)
- Esplanade Lagoon (Cairns)
Details
Ban is in affect at artificial beaches is between sunrise and sunset and covers the entire beach.
Patrolled beaches
Inclusions
Smoking is banned between the flags on a patrolled beach (where red and yellow flags mark the boundaries for safe swimming).
Details
This includes the area between the flags and down to the water and then back behind the flags to any road or park.
Skate parks
Inclusions
A skate park means a part of a public place with equipment including obstacles, jumps or uneven surfaced used for riding or skating on bicycles, rollerblades, rollerskates, skateboards and scooters.
Details
Smoking is banned at or within a 10 metre buffer zone within any part of a skate park.
Children’s outdoor playground equipment
Exclusions
Ban does not apply to smokers driving past a playground, or playground equipment that is in a private backyard.
Details
Smoking is banned within 10 metres of children’s outdoor playground equipment situated at a place that is ordinarily open to the public.
Any part of major sports facilities
Smoking is banned at any part of major sports facilities.
Inclusions
Facilities declared under the Major Sports Facility Act 2001 and managed by Stadiums Queensland
- Brisbane Entertainment Centre
- Willows Sports complex, currently known as 1300SMILES Stadium (Townsville)
- The Gabba (Brisbane Cricket Ground)
- Queensland Sport and Athletic Centre (formerly QEII or ANZ Stadium, Brisbane)
- Robina Stadium, currently known as Cbus Super Stadium (Gold Coast)
- Sleeman Sports Complex (Brisbane) not Sleeman Sports Centre
- Suncorp Stadium (Brisbane)
Exclusions
Ban does not apply to the roads, car parks, picnic areas and parkland of the sports stadium facilities.
Smoking is banned at major event facilities, except in a nominated outdoor smoking place. A major event facility means the major event area prescribed by regulation under the Major Events Act 2014 for the period the area is a major event under that Act. An example of a major event facility is the V8 Supercars motor racing events held at Townsville and the Gold Coast.
National parks
Inclusions
Prescribed areas of all Queensland national parks.
Details
The ban applies within 10 metres of in-use campsites and any public facilities such as picnic tables, toilet blocks, barbecues, visitor information centres, shelters, jetties and boat ramps.
Organised under-18 sporting events
An organised under-18 sporting event is one that is arranged in advance and is conducted by a professional or amateur sporting body or educational institution to established rules.
Inclusions
Within 10 metres of viewing and playing areas, the viewing area for a water sport, public seating at the grounds and any other area reserved for use by the competitors and the officials.
Ban also applies during training and at any intervals or breaks in play.
Details
The ban applies within 10 metres of in-use campsites and any public facilities such as picnic tables, toilet blocks, barbecues, visitor information centres, shelters, jetties and boat ramps.
More information
For fact sheets and signage see Extra resources.
Other public areas
Public transport waiting points
Inclusions
- a bus stop, bus shelter, bus station or bus lay-by area
- a taxi rank, limousine rank or limousine standing area
- a ferry terminal, jetty, pontoon or landing for ferry services
- a transit terminal for public passengers.
Details
The buffer zone is a five metre no-smoking area beyond the waiting point. A person is considered within the buffer zone if they are in a queue that starts at the public transport waiting point. For example, it will be an offence to smoke while anywhere in a bus queue, even if the queue extends beyond five metres from the public transport waiting point.
The buffer zone does not extend into residential or business premises that share a boundary with the public transport waiting point.
Non-residential building entrances
Inclusions
Entrances to government buildings, commercial buildings, shopping centres, banks and other non-residential buildings.
Details
Smoking is banned within five metres of the entrance.
Outdoor pedestrian malls
Inclusions
Outdoor pedestrian malls that have been established under the City of Brisbane Act, the Local Government Act or continued as a mall under the City of Brisbane Act.
Motor vehicles (in certain circumstances)
Inclusions
If a person under the age of 16 is present.
A motor vehicle being used for business use if more than one person is in the vehicle.
More information
For fact sheets and signage see Extra resources.
Local government
Local government can make local laws prohibiting smoking at outdoor public places in their local government area. A local law can only be made for a public place that is not already covered by state-wide tobacco laws.
Licensed venues
Inclusions
100% of the indoor area.
Outdoor eating and drinking areas where food or drink is provided as part of a business.
Exclusions
Certain liquor licensed premises can have a Designated Outdoor Smoking Area (DOSA) . A DOSA is a space that allows smoking and drinking, but not eating, to occur.
Details
Only the following liquor licensed venues can have a DOSA:
- commercial hotel,
- community club, or
- commercial special facility (containing all or part of a casino).
More information
For more information about a DOSA visit health.qld.gov.au
Fines and penalties
Tough fines and penalties do apply if you are found to be in breach of Queensland smoking laws. For more information on all fines and penalties visit the Queensland Government website.