Tobacco and Other Smoking Products Act 1998 - Queensland

Description

Objectives of Queenslands Tobacco Legislation:

  • prohibit the supply of tobacco products to children
  • restrict the display and prohibit the advertising and promotion of tobacco products
  • reduce the publics exposure to environmental tobacco smoke.

This means any business activity involving the supply of tobacco or other smoking products (such as herbal cigarettes) to the public, and 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.

There are no exceptions.

The following information provides an overview of the current tobacco laws.

Note: Smoking product includes a tobacco product prepared for consumption (cigarettes, cigars, roll-your-own tobacco), herbal cigarette or loose smoking blend.

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.

The maximum penalties for a retailer who personally sells smoking products to a child are:

  • $14,000 1st offence
  • $28,000 2nd offence
  • $42,000 3rd or later offence.

The maximum penalties for an employee who sells smoking products to a child are:

  • $1,000 1st offence
  • $4,000 2nd offence.

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 prohibition 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:

  • the display of smoking products is regulated under Queenslands tobacco legislation, with 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. Quit smoking and cigar health warning signs must be displayed.

Prohibited Products:

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

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 ($14,000 maximum fine)
  • 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.

Smoke-free outdoor places:

Smoking is banned at the following outdoor areas:

Non-residential building entrances

No smoking within 4 metres of an entrance to a non-residential building (eg bank, shopping centre, office).

Childrens playground

No smoking within 10 metres of childrens playground equipment, that is ordinarily open to the public.

Major sports stadiums

No smoking in any of the stadiums managed by the Major Sports Facilities Authority including:

  • Suncorp Stadium
  • The Gabba
  • Queensland Sport and Athletics Centre (formerly ANZ Stadium)
  • Sleeman Centre
  • Brisbane Entertainment Centre
  • Dairy Farmers Stadium
  • Skilled Stadium
  • Queensland Tennis Centre.

Beaches:

No smoking between the flags at patrolled beaches.

Artificial Beaches:

No-smoking at artificial beaches, including:

  • South Bank Beach (Brisbane)
  • Settlement Cove Lagoon (Redcliffe)
  • Airlie Beach Lagoon
  • Rockpool (Townsville)
  • Esplanade Lagoon (Cairns)

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 a $150 on the spot fine.
  • occupiers must not allow a person to smoke in an outdoor eating or drinking place. A maximum penalty of $14,000 applies.

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.

Additional Information

The Tobacco and Other Smoking Products Act 1998 commenced 31 May 2002. The legislation includes substantial amendments to the previously titled Tobacco and Other Smoking Products (Prevention of Supply to Children) Act 1998.

Legislation

For legislation and regulation information, visit https://www.legislation.qld.gov.au(Opens in new window)

Administering agency

Alcohol, Tobacco and Other Drugs Prevention Unit

Contact details

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

Operating address: 15 Butterfield Street
Mailing address: PO Box 2368
Fortitude Valley
Queensland 4006
Phone: 13 QGOV (13 74 68)