Tobacco and Other Smoking Products Restrictions - Queensland

Description

Queenslands Tobacco Legislation:

  • prohibits the supply of tobacco products to children
  • restricts the display and prohibit the advertising and promotion of tobacco products
  • reduces the publics exposure to environmental tobacco smoke.

Tobacco retailer responsibilities

Detailed information on your responsibilities as a tobacco retailer can be found on the Queensland Heath website.

Any business activity involving the supply of tobacco or other smoking products (such as electronic cigarettes or herbal cigarettes) to the public, must comply with the Tobacco and Other Smoking Products Act 1998.

Note: Smoking product includes a tobacco product prepared for consumption (e.g. cigarettes, cigars, roll-your-own tobacco), herbal cigarette, and e-cigarettes or e-cigarette related products.

Supply of smoking products:

It is illegal for a retailer or their employee to sell smoking products to anyone under the age of 18, even if they claim they are buying them for their parents or friends.

If a retailer is convicted of selling smoking products to a child (either personally or via an employee) the court sentencing the retailer has the power to ban the retailer from selling smoking products for a period of between six months and three years.

Training must be provided to employees about not supplying smoking products to children and sighting acceptable evidence of age. Written acknowledgement of this training must be obtained, and produced to an authorized person if requested to do so.

A mandatory sign must be displayed at all of points of sale so that the sign is easily seen by a person purchasing a smoking product:

  • as they approach the point of sale, or
  • at the time of purchase.

Tobacco vending machine restrictions:

  • tobacco product vending machines are restricted to a bar area or a poker machine area of liquor licensed premises. In practice, this means locating the machine within 5m of a bar, 1m of a poker machine or in a casino.

Display, advertising and promotion of smoking products:

  • there are restrictions applying to the location and size of smoking product displays. Advertising (retail posters and banners) and promotion (competitions and giveaways) of smoking products is banned.

Prohibited Products:

  • the sale, supply or display of an ice-pipe or bong, or component thereof is banned
  • the display of hookahs is regulated.

Locations where smoking is banned

Any proprietor of an enclosed place (i.e. hotel, club, restaurant or non-residential building) and commercial outdoor eating or drinking place, must comply with the Tobacco and Other Smoking Products Act 1998.

Smoke-free enclosed places:

  • smoking is banned in most enclosed places, i.e. indoor areas or hotels, clubs, licensed premises (excluding premium gaming rooms), restaurants, and non-residential buildings
  • liquor licensed premises must display a no smoking sign at the main entrance to the premises
  • should a person smoke inside the premises, the licensee/manager of the place, or their staff, must direct the person to stop smoking and tell them it is an offence to fail to comply with the direction. The licensees/manager or staff must also stop serving food or drink to the person while the person continues to smoke. Penalties apply to the person, and the occupier of the premises.
  • smoking is banned in a vehicle being used for business purposes if more than one person is in the vehicle
  • smoking is banned in any vehicle where a child under the age of 16 years is present.

Outdoor eating or drinking places:

Smoking is banned in any non-enclosed place that is provided by a person conducting business for the purpose of consuming food or drink that has been provided or is available to be provided by that business.

  • this includes food or drink served to a person in this area, or taken by, a person to the area. Should a person smoke in a no-smoking area they could be issued with an on the spot fine.
  • occupiers must not allow a person to smoke in an outdoor eating or drinking place. Penalties apply.

The following Subordinate Legislation should be examined:

  • Tobacco and Other Smoking Products Regulation 1998.

For further information on the tobacco laws, to obtain information booklets, or resources such as signage, contact the tobacco laws service at the Government call centre or the Tobacco laws in Queensland web page.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Breaches of the Act are dealt with through prescribed infringement notices and/or Magistrates Courts, and may result in fines being imposed.

Administering agency

Queensland Health

Chief Health Officer Branch

Prevention Division

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Please use these contact details for help or more information:

Prevention Division

Chief Health Officer Branch

Queensland Health

Operating address: 15 Butterfield Street
HERSTON
Queensland 4006
Mailing address: PO Box 2368
Fortitude Valley
Queensland 4006
Phone: 13 QGOV (13 74 68)
Website: Tobacco Laws in Queensland (Opens in new window)