{"id":"a-2003-51","name":"Smoke-Free Public Places Act 2003","slug":"smoke-free-public-places-act-2003","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"51 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24383,"registerId":"act-a-2003-51-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Smoke-Free Public Places Act 2003","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSmoke-Free Public Places Act 2003\nA2003-51\nRepublication No 10\nEffective: 26 November 2025\nRepublication date: 26 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Smoke-Free Public Places Act 2003 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSmoke-Free Public Places Act 2003\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\nPart 1A Important concepts\n5A Object 4\n5B Meaning of smoke 4\nPart 2 Smoking prohibited in enclosed public places\n6 Offence to smoke in enclosed public place 6\n7 Offence to smoke in enclosed public place in contravention of direction 6\n8 Offence by occupier—person smoking in enclosed public place 7\n\nContents\nPage\ncontents 2 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8A Offence by occupier—permitting smoke into enclosed public place\nfrom another part of premises 7\n8AA Offence by occupier—not displaying required signs 8\n9 Offence by neighbouring occupier 8\nPart 2A Smoking prohibited in outdoor eating or\ndrinking places\nDivision 2A.1 General\n9A Meaning of outdoor eating or drinking place 9\nDivision 2A.2 Smoking prohibited—outdoor eating or drinking places\n9B Offence to smoke in outdoor eating or drinking place 11\n9C Offence to smoke in outdoor eating or drinking place in contravention\nof direction 11\n9D Offence by occupier—person smoking in outdoor eating or drinking\nplace 12\n9E Offence by occupier—not displaying required signs etc 13\nDivision 2A.3 Designated outdoor smoking areas\n9F Designating outdoor smoking area 13\n9G Licensee to notify commissioner of designated outdoor smoking area 15\n9H Obligations of licensee—things not allowed in designated outdoor\nsmoking area 16\n9I Offence by occupier—permitting smoke from designated outdoor\nsmoking area to enter another part of outdoor eating or drinking place 17\n9J Smoking management plan 17\nPart 2B Smoking prohibited at underage functions\n9K Meaning of underage function—pt 2B 19\n9L Smoking prohibited at underage function 20\n9M Obligations on organiser of underage function 20\n9N Offence to smoke at underage function in contravention of direction 21\nPart 2C Smoking prohibited at declared smoke-free\npublic places or events\n9O Declaration of smoke-free public place or event 22\n9P Signage 23\n9Q Requirements for designated smoking areas 24\n\nContents\nPage\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9R Obligations of occupier or manager—things not allowed in designated\nsmoking area 25\n9S Offence by occupier or manager—permitting smoke from designated\nsmoking area to enter another part of public place or event 25\n9T Offence to smoke at declared smoke-free public place or event 26\n9U Offence to smoke at declared smoke-free public place or event in\ncontravention of direction 27\n9V Offence by occupier or manager—not displaying required signs 27\nPart 3 Enforcement\n10 Inspectors 29\n11 Identity cards for inspectors 29\n12 Power to give directions 30\n13 Power to enter premises 30\n14 Production of identity card 31\n15 Consent to entry 31\n16 General powers on entry to premises 32\n17 Power to require name and address 33\n18 Power to seize things 33\n19 Receipt for things seized 34\nPart 4 Miscellaneous\n20 Acts and omissions of representatives 35\n22 Regulation-making power 36\nDictionary 37\nEndnotes\n1 About the endnotes 39\n2 Abbreviation key 39\n3 Legislation history 40\n4 Amendment history 43\n5 Earlier republications 49\n\n\n\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSmoke-Free Public Places Act 2003\nAn Act to prohibit smoking in certain public places, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Smoke-Free Public Places Act 2003.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘gaming area—see the Gaming\nMachine Act 2004, dictionary.’ means that the term ‘gaming area’ is\ndefined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against\nthis Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 1A Important concepts\nSection 5A\npage 4 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1A Important concepts\n5A Object\nThe object of this Act is to promote public health by minimising the\nexposure of people to environmental smoke—\n(a) in enclosed public places; and\n(b) in outdoor eating or drinking places; and\n(c) at underage functions.\n5B Meaning of smoke\n(1) For this Act, smoke means—\n(a) smoke from an ignited tobacco product or herbal product; or\n(b) vapour from an activated personal vaporiser or vaping good.\n(2) For this Act, a person smokes if the person—\n(a) directly puffs, draws or inhales smoke or vapour, whether or not\nthe person uses a device designed for the inhalation of smoke or\nvapour by a smoker; or\n(b) holds or has control over a smoking product while it is ignited\nor activated.\nExamples—devices—par (a)\n1 a cigarette holder\n2 a pipe (including a hookah, water pipe or bong)\n(3) However, a person does not smoke only because the person holds or\nhas control over a smoking product if the person holds or has control\nover it for the purpose of extinguishing it, deactivating it or removing\nit from—\n(a) an enclosed public place; or\n(b) an outdoor eating or drinking place; or\n\nImportant concepts Part 1A\nSection 5B\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) an underage function.\n(4) In this section:\nherbal product—see the Tobacco and Other Smoking Products\nAct 1927, dictionary.\npersonal vaporiser—see the Tobacco and Other Smoking Products\nAct 1927, section 3B.\nsmoking product means any of the following:\n(a) a tobacco product;\n(b) a herbal product;\n(c) a personal vaporiser;\n(d) a vaping good.\ntobacco product—see the Tobacco and Other Smoking Products\nAct 1927, dictionary.\nvaping good—see the Tobacco and Other Smoking Products\nAct 1927, section 3C.\n\nPart 2 Smoking prohibited in enclosed public places\nSection 6\npage 6 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Smoking prohibited in enclosed\npublic places\n6 Offence to smoke in enclosed public place\n(1) A person commits an offence if the person smokes in an enclosed\npublic place.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n7 Offence to smoke in enclosed public place in\ncontravention of direction\n(1) A person commits an offence if—\n(a) the person smokes in an enclosed public place; and\n(b) an inspector, or the occupier of the place, directs the person to\nstop smoking in the enclosed public place; and\n(c) the person contravenes the direction.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) A person does not commit an offence against this section if—\n(a) the direction was given by an inspector who is not a uniformed\npolice officer; and\n(b) when asked by the person, the inspector does not produce the\ninspector’s identity card for inspection.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n\nSmoking prohibited in enclosed public places Part 2\nSection 8\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Offence by occupier—person smoking in enclosed public\nplace\n(1) The occupier of an enclosed public place commits an offence if a\nperson smokes in the enclosed public place.\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) The occupier does not commit an offence against this section if—\n(a) the occupier was not aware, and could not reasonably be\nexpected to have been aware, that the person was smoking in an\nenclosed public place; or\n(b) the occupier directed the person to stop smoking in the enclosed\npublic place and the person contravened the direction.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n8A Offence by occupier—permitting smoke into enclosed\npublic place from another part of premises\nThe occupier of premises on which there is an enclosed public place\ncommits an offence if the occupier fails to take reasonable steps to\nprevent smoke entering the enclosed public place from another part\nof the premises occupied by the occupier.\nMaximum penalty: 10 penalty units.\n\nPart 2 Smoking prohibited in enclosed public places\nSection 8AA\npage 8 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8AA Offence by occupier—not displaying required signs\n(1) The regulations may prescribe requirements in relation to the display\nof ‘no smoking’ signs in enclosed public places.\n(2) The occupier of an enclosed public place commits an offence if—\n(a) a ‘no smoking’ sign is required by regulation to be displayed in\nthe enclosed public place; and\n(b) the sign is not displayed as required by regulation.\nMaximum penalty: 5 penalty units.\n(3) An offence against this section is a strict liability offence.\n9 Offence by neighbouring occupier\nThe occupier of premises commits an offence if the occupier fails to\ntake reasonable steps to prevent smoke from the premises entering an\nenclosed public place on other premises.\nMaximum penalty: 10 penalty units.\n\nSmoking prohibited in outdoor eating or drinking places Part 2A\nGeneral Division 2A.1\nSection 9A\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2A Smoking prohibited in outdoor\neating or drinking places\nDivision 2A.1 General\n9A Meaning of outdoor eating or drinking place\n(1) A place is an outdoor eating or drinking place if—\n(a) it is a public place (other than an enclosed public place); and\n(b) people at the place may consume food or drink provided from\nan on-site service; and\n(c) either—\n(i) the place is licensed premises; or\n(ii) tables or chairs are provided for use by people consuming\nfood or drink provided at the place.\nExamples—par (c) (ii)\n1 an area containing tables and chairs on a footpath outside a cafe or takeaway\nfood shop\n2 an outdoor area at a shopping centre, surrounded by food outlets, containing\ntables and chairs at which food or drink purchased at the outlets may be\nconsumed\n3 an area containing tables and chairs, and bounded by hoardings or planter\nboxes, that is around a food caravan at a sporting ground\n4 an outdoor area at premises containing stand-up tables at which food or drink\npurchased at the premises may be consumed\n5 an outdoor area containing milk crates to sit on at a cafe\n6 a sports stadium containing chairs at which food or drink purchased at outlets\nat the sports stadium may be consumed\n\nPart 2A Smoking prohibited in outdoor eating or drinking places\nDivision 2A.1 General\nSection 9A\npage 10 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, a place is an outdoor eating or drinking place only while—\n(a) food or drink is being provided, or is available to be provided,\nat the place from an on-site service; or\n(b) food or drink provided from an on-site service is being\nconsumed at the place; or\n(c) clearing or cleaning related to the provision of food or drink in\nthe place is being done.\n(3) Food or drink is taken to be provided from an on-site service whether\nit is—\n(a) served to a person in the outdoor eating or drinking place by or\nfor the person conducting the on-site service; or\n(b) taken by a person from the on-site service for consumption in\nthe outdoor drinking or eating place.\n(4) In this section:\nfood or drink service means a business, or an enterprise of a\ncommercial, charitable or community nature, that sells food or drink.\nlicensed premises—see the Liquor Act 2010, dictionary.\non-site service, in relation to a place, means a food or drink service at\nthe place.\nprovide, food or drink, includes distribute, give or sell the food or\ndrink.\n\nSmoking prohibited in outdoor eating or drinking places Part 2A\nSmoking prohibited—outdoor eating or drinking places Division 2A.2\nSection 9B\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2A.2 Smoking prohibited—outdoor eating\nor drinking places\n9B Offence to smoke in outdoor eating or drinking place\n(1) A person commits an offence if—\n(a) the person smokes in an outdoor eating or drinking place; and\n(b) the place where the person smokes is not a designated outdoor\nsmoking area.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n9C Offence to smoke in outdoor eating or drinking place in\ncontravention of direction\n(1) A person commits an offence if—\n(a) the person smokes in an outdoor eating or drinking place; and\n(b) the place where the person smokes is not a designated outdoor\nsmoking area; and\n(c) an inspector, or the occupier of the place, directs the person to\nstop smoking in the outdoor eating or drinking place; and\n(d) the person contravenes the direction.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) A person does not commit an offence against this section if—\n(a) the direction was given by an inspector who is not a uniformed\npolice officer; and\n\nPart 2A Smoking prohibited in outdoor eating or drinking places\nDivision 2A.2 Smoking prohibited—outdoor eating or drinking places\nSection 9D\npage 12 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) when asked by the person, the inspector does not produce the\ninspector’s identity card for inspection.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n9D Offence by occupier—person smoking in outdoor eating\nor drinking place\n(1) The occupier of an outdoor eating or drinking place commits an\noffence if—\n(a) a person smokes in the outdoor eating or drinking place; and\n(b) the place where the person smokes is not a designated outdoor\nsmoking area.\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) The occupier does not commit an offence against this section if—\n(a) the occupier was not aware, and could not reasonably be\nexpected to have been aware, that the person was smoking in an\noutdoor eating or drinking place that was not a designated\noutdoor smoking area; or\n(b) the occupier directed the person to stop smoking in the outdoor\neating or drinking place and the person contravened the\ndirection.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n\nSmoking prohibited in outdoor eating or drinking places Part 2A\nDesignated outdoor smoking areas Division 2A.3\nSection 9E\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9E Offence by occupier—not displaying required signs etc\n(1) The occupier of an outdoor eating or drinking place must ensure that\n‘no smoking’ signs are prominently displayed at the place.\nMaximum penalty: 20 penalty units.\n(2) The occupier of an outdoor eating or drinking place that is not\nlicensed premises must ensure that tables and chairs provided by the\non-site service for use by people consuming food or drink at the place\nare clearly identified by either or both of the following:\n(a) a plan displayed at the place;\n(b) signs or markings on the tables and chairs.\nMaximum penalty: 20 penalty units.\n(3) An offence against this section is a strict liability offence.\nDivision 2A.3 Designated outdoor smoking areas\n9F Designating outdoor smoking area\n(1) This section applies to—\n(a) premises in relation to which a club licence under the Liquor\nAct 2010 is in force; and\n(b) premises in relation to which a licence under the Liquor\nAct 2010 is in force authorising the sale of liquor for\nconsumption on the premises, and that are used principally for\nthat purpose.\nExample—par (b)\na pub or tavern\n\nPart 2A Smoking prohibited in outdoor eating or drinking places\nDivision 2A.3 Designated outdoor smoking areas\nSection 9F\npage 14 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The licensee of the premises may designate part of the licensed\noutdoor area of the premises as an area in which drinking and\nsmoking is allowed (a designated outdoor smoking area) by\ndisplaying a notice near the area—\n(a) stating that the area is a designated outdoor smoking area for this\nAct; and\n(b) stating that a person under 18 years old is not permitted in the\narea; and\n(c) stating that a smoking management plan for the premises is\navailable for inspection at any time; and\n(d) including a diagram that sets out the limits of the area.\n(3) There may be more than 1 designated outdoor smoking area at the\npremises.\n(4) The parts of the licensed outdoor area of the premises that may be\ndesignated outdoor smoking areas are—\n(a) any part (an off-gaming area) that—\n(i) is adjacent to a gaming area and accessible only from a\ngaming area; and\n(ii) was part of the licensed outdoor area of the premises on\n1 November 2009; and\n(b) up to 50% of the total area of the licensed outdoor area of the\npremises that is not an off-gaming area.\n(5) Each designated outdoor smoking area must have a buffer on its\nperimeter wherever it is adjacent to other parts of the outdoor area of\nthe premises ordinarily accessed by patrons.\n(6) A buffer must be—\n(a) a screen or wall that is impervious to smoke and at least the\nheight prescribed by regulation; or\n\nSmoking prohibited in outdoor eating or drinking places Part 2A\nDesignated outdoor smoking areas Division 2A.3\nSection 9G\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) an area at least 4m wide where patrons are not allowed to eat,\ndrink or smoke, half of which must be taken from the area that\nwould otherwise form part of the designated outdoor smoking\narea.\n(7) A designated outdoor smoking area—\n(a) must not be adjacent to an entrance to the premises (unless it is\nan off-gaming area); and\n(b) must be in a position that minimises smoke from the area\nentering any part of an outdoor eating or drinking place that is\nnot a designated outdoor smoking area.\n(8) A licensee of premises must not designate a part or parts of the\nlicensed outdoor area of the premises under subsection (2) otherwise\nthan in accordance with this section.\nMaximum penalty: 50 penalty units.\n(9) An offence against this section is a strict liability offence.\n9G Licensee to notify commissioner of designated outdoor\nsmoking area\n(1) The licensee of premises at which there is a designated outdoor\nsmoking area must give the commissioner notice of the designated\noutdoor smoking area within 14 days after the day the licensee\ndesignates the outdoor smoking area.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nPart 2A Smoking prohibited in outdoor eating or drinking places\nDivision 2A.3 Designated outdoor smoking areas\nSection 9H\npage 16 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9H Obligations of licensee—things not allowed in designated\noutdoor smoking area\n(1) The licensee of premises at which there is a designated outdoor\nsmoking area must ensure that, in the designated outdoor smoking\narea—\n(a) there are no people under 18 years old; and\n(b) there is no food or drink service; and\n(c) no food is consumed; and\n(d) no entertainment is offered or directly accessible; and\n(e) there are no gaming machines.\nMaximum penalty: 50 penalty units.\nNote For where gaming machines may be located, see the Gaming Machine\nAct 2004.\n(2) An offence against this section is a strict liability offence.\n(3) The licensee does not commit an offence against this section in\nrelation to a contravention of subsection (1) (c) if the licensee was not\naware, and could not reasonably be expected to have been aware, that\nfood was being consumed in the designated outdoor smoking area.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) In this section:\nentertainment includes television (for example, televised sporting\nevents), but does not include public announcements or recorded\nmusic.\n\nSmoking prohibited in outdoor eating or drinking places Part 2A\nDesignated outdoor smoking areas Division 2A.3\nSection 9I\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9I Offence by occupier—permitting smoke from designated\noutdoor smoking area to enter another part of outdoor\neating or drinking place\n(1) This section applies to premises at which there is a designated outdoor\nsmoking area.\n(2) The occupier of the premises commits an offence if the occupier fails\nto take reasonable steps to prevent smoke from the designated\noutdoor smoking area entering any part of an outdoor eating or\ndrinking place at the premises that is not a designated outdoor\nsmoking area.\nMaximum penalty: 50 penalty units.\nNote The occupier also commits an offence if smoke from the premises enters\nan enclosed public place on the premises (see s 8A).\n(3) An offence against this section is a strict liability offence.\n9J Smoking management plan\n(1) A smoking management plan is a document, prepared for premises\nat which there is a designated outdoor smoking area, stating how\nsmoking is managed at the premises with the aim of reducing harm\nfrom environmental smoke at the premises.\n(2) A smoking management plan must include—\n(a) a diagram of the premises that identifies—\n(i) the designated outdoor smoking area; and\n(ii) the buffer for the designated outdoor smoking area; and\n(iii) the location of the notice mentioned in section 9F (2); and\n(b) a statement of how the exposure to environmental smoke will be\nminimised; and\n(c) a description of the training given to workers about the\nrequirements of this Act; and\n\nPart 2A Smoking prohibited in outdoor eating or drinking places\nDivision 2A.3 Designated outdoor smoking areas\nSection 9J\npage 18 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a description of how the prohibition on food or drink service in\ndesignated outdoor smoking areas will be managed; and\n(e) anything else prescribed by regulation.\n(3) The licensee of premises at which there is a designated outdoor\nsmoking area must—\n(a) prepare and keep up-to-date a smoking management plan that\ncomplies with this section; and\n(b) make the smoking management plan available for inspection on\nrequest.\nMaximum penalty: 50 penalty units.\n(4) An offence against this section is a strict liability offence.\n\nSmoking prohibited at underage functions Part 2B\nSection 9K\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2B Smoking prohibited at underage\nfunctions\n9K Meaning of underage function—pt 2B\n(1) In this part:\nunderage function means a function that—\n(a) has as its principal purpose the provision of live or recorded\nmusic (for listening to, dancing to or both); and\n(b) is predominantly organised for people under 18 years old; and\n(c) is open to the public or a section of the public (with or without\npayment); and\n(d) takes place in an area or premises other than a private residence.\nExamples—underage functions\n1 a blue light disco\n2 a live band performance organised for students at a secondary school\n3 a lakeside dance party organised for under 18 year olds only\n(2) In working out whether a function is predominantly organised for\npeople under 18 years old, each of the following must be considered:\n(a) the name of the function;\n(b) the nature of the body or person who is the organiser of the\nfunction;\n(c) the ways used to publicise the function;\n(d) who the function is publicised to;\n(e) ticketing arrangements for the function (if any);\n(f) anything else prescribed by regulation.\nNote Section 9M (1) (b) requires any tickets issued for an underage function to\nstate that smoking is prohibited.\n\nPart 2B Smoking prohibited at underage functions\nSection 9L\npage 20 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9L Smoking prohibited at underage function\nSmoking is prohibited at an underage function.\n9M Obligations on organiser of underage function\n(1) The organiser of an underage function must ensure that—\n(a) ‘no smoking’ signs are prominently displayed at the function;\nand\n(b) any ticket issued for the function includes a statement that\nsmoking is prohibited; and\n(c) a public announcement that smoking is prohibited is made at the\nbeginning of the function.\nMaximum penalty: 20 penalty units.\n(2) The organiser of an underage function must—\n(a) give a direction to stop smoking to any person who smokes at\nthe function; and\n(b) give a direction to immediately leave the function to any person\nwho continues to smoke in contravention of a direction given to\nthe person under paragraph (a).\nMaximum penalty: 20 penalty units.\n(3) Subsection (2) (a) does not apply if the organiser was not aware, and\ncould not reasonably be expected to have been aware, that the person\nwas smoking at the function.\n\nSmoking prohibited at underage functions Part 2B\nSection 9N\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9N Offence to smoke at underage function in contravention\nof direction\n(1) A person commits an offence if—\n(a) the person smokes at an underage function; and\n(b) an inspector, or the organiser of the function, directs the person\nto stop smoking at the function; and\n(c) the person contravenes the direction.\nMaximum penalty: 10 penalty units.\n(2) A person does not commit an offence against this section if—\n(a) the direction was given by an inspector who is not a uniformed\npolice officer; and\n(b) when asked by the person, the inspector does not produce the\ninspector’s identity card for inspection.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n\nPart 2C Smoking prohibited at declared smoke-free public places or events\nSection 9O\npage 22 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2C Smoking prohibited at declared\nsmoke-free public places or\nevents\n9O Declaration of smoke-free public place or event\n(1) The Chief Minister and Minister may jointly declare that a public\nplace or event is a smoke-free public place or event (a declared\nsmoke-free public place or event).\nNote Power to make a statutory instrument (including a declaration) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n(2) Before making a declaration, the Minister must consult with the\ncommunity, including people or organisations that would be directly\naffected if the declaration is made.\n(3) In deciding whether to make a declaration, the Chief Minister and\nMinister must consider the following matters:\n(a) the frequency with which the public place or event is visited by\nchildren or families;\n(b) the number of people likely to be present at the public place or\nevent;\n(c) whether the declaration will promote a more supportive\nenvironment for people who have, or are trying to, quit smoking;\n(d) whether the declaration will help reduce people’s exposure to\nsmoking-related harms, including environmental tobacco\nsmoke;\n(e) the outcome of community consultation;\n(f) any identified costs and benefits of establishing the area as\nsmoke-free, including economic and business impacts;\n\nSmoking prohibited at declared smoke-free public places or events Part 2C\nSection 9P\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) measures to promote compliance.\n(4) A declaration may—\n(a) state that ‘no smoking’ signs must be displayed at the public\nplace or event; and\n(b) set out requirements for the signs.\nNote Requirements for ‘no smoking’ signs may also be determined under s 9P.\n(5) A declaration may also—\n(a) provide that an area may be designated in which smoking is\nallowed at the public place or event; and\n(b) set out requirements for the area.\nExamples—requirements for designated smoking areas\n1 size, location and number of areas\n2 words and images that may be displayed in the area\n3 erection of partitions or barriers to prevent the penetration of smoke into\nareas that are not designated smoking areas.\nNote Requirements for designated smoking areas are also set out under\ns 9Q.\n(6) A declaration is a disallowable instrument.\n(7) If the Chief Minister is also the Minister, another Minister must make\nthe joint declaration under subsection (1) with the Chief Minister.\n9P Signage\n(1) The Minister may determine requirements in relation to the display\nof ‘no smoking’ signs at a declared smoke-free public place or event.\nExamples—requirements for display of signs\n1 size, location and number of signs\n2 words and images that may be displayed on signs\n(2) A determination is a notifiable instrument.\n\nPart 2C Smoking prohibited at declared smoke-free public places or events\nSection 9Q\npage 24 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9Q Requirements for designated smoking areas\n(1) This section applies if a declaration under section 9O provides that an\narea may be designated in which smoking is allowed at a declared\nsmoke-free public place or event.\n(2) The occupier or manager of the public place or event may designate\nan area at the public place or event as an area in which smoking is\nallowed (a designated smoking area) by displaying a notice near the\narea—\n(a) stating that the area is a designated smoking area for this Act;\nand\n(b) stating that a person under 18 years old is not permitted in the\narea; and\n(c) including a diagram that sets out the limits of the area.\n(3) Unless otherwise stated in the declaration, there may be more than\n1 designated smoking area at the public place or event.\n(4) A designated smoking area—\n(a) must not be adjacent to an entrance to the public place or event;\nand\n(b) must be in a position that minimises smoke from the area\nentering any part of the public place or event that is not a\ndesignated smoking area.\n(5) The occupier or manager of the public place or event must not\ndesignate an area under subsection (2) other than—\n(a) in accordance with this section; or\n(b) as required by the declaration.\nMaximum penalty: 50 penalty units.\n(6) An offence against this section is a strict liability offence.\n\nSmoking prohibited at declared smoke-free public places or events Part 2C\nSection 9R\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9R Obligations of occupier or manager—things not allowed\nin designated smoking area\n(1) The occupier or manager of a declared smoke-free public place or\nevent at which there is a designated smoking area must ensure that,\nin the designated smoking area—\n(a) there are no people under 18 years old; and\n(b) there is no food or drink service; and\n(c) no food is consumed; and\n(d) no entertainment is offered or directly accessible.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) The occupier or manager does not commit an offence against this\nsection in relation to a contravention of subsection (1) (c) if the\noccupier or manager was not aware, and could not reasonably be\nexpected to have been aware, that food was being consumed in the\ndesignated smoking area.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) In this section:\nentertainment includes television (for example, televised sporting\nevents), but does not include public announcements or recorded\nmusic.\n9S Offence by occupier or manager—permitting smoke from\ndesignated smoking area to enter another part of public\nplace or event\n(1) This section applies to a declared smoke-free public place or event at\nwhich there is a designated smoking area.\n\nPart 2C Smoking prohibited at declared smoke-free public places or events\nSection 9T\npage 26 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The occupier or manager of the public place or event commits an\noffence if the occupier or manager fails to take reasonable steps to\nprevent smoke from the designated smoking area entering any part of\nthe public place or event that is not a designated smoking area.\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n9T Offence to smoke at declared smoke-free public place or\nevent\n(1) A person commits an offence if —\n(a) the person smokes at a declared smoke-free public place or\nevent; and\n(b) the place where the person smokes is not a designated smoking\narea.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) A person does not commit an offence against this section if—\n(a) a declaration under section 9O states that ‘no smoking’ signs\nmust be displayed at the public place or event; and\n(b) the signs are not—\n(i) displayed as required by the declaration; or\n(ii) in accordance with any requirement determined under\nsection 9P.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n\nSmoking prohibited at declared smoke-free public places or events Part 2C\nSection 9U\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9U Offence to smoke at declared smoke-free public place or\nevent in contravention of direction\n(1) A person commits an offence if—\n(a) the person smokes at a declared smoke-free public place or\nevent; and\n(b) the place where the person smokes is not a designated smoking\narea; and\n(c) an inspector, the occupier of the public place or manager of the\nevent, directs the person to stop smoking at the public place or\nevent; and\n(d) the person contravenes the direction.\nMaximum penalty: 20 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) A person does not commit an offence against this section if—\n(a) the direction was given by an inspector who is not a uniformed\npolice officer; and\n(b) when asked by the person, the inspector does not produce the\ninspector’s identity card for inspection.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n9V Offence by occupier or manager—not displaying required\nsigns\n(1) This section applies if a declaration under section 9O states that ‘no\nsmoking’ signs must be displayed at a public place or event.\n(2) The occupier or manager of the public place or event commits an\noffence if the signs are not—\n(a) displayed as required by the declaration; or\n\nPart 2C Smoking prohibited at declared smoke-free public places or events\nSection 9V\npage 28 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in accordance with a requirement determined under section 9P.\nMaximum penalty: 5 penalty units.\n(3) An offence against this section is a strict liability offence.\n\nEnforcement Part 3\nSection 10\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Enforcement\n10 Inspectors\n(1) Each of the following is an inspector for this Act:\n(a) an authorised officer under the Tobacco and Other Smoking\nProducts Act 1927, section 32;\n(b) an investigator under the Fair Trading (Australian Consumer\nLaw) Act 1992;\n(c) a public servant appointed under subsection (2).\n(2) The director-general may appoint a public servant as an inspector for\nthis Act.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a law (see\nLegislation Act, s 7 (3)) and an appointment may be made by naming a person\nor nominating the occupant of a position (see s 207).\nNote 3 Power to make a statutory instrument (including an appointment) includes\npower to make different provision in relation to different matters or different\nclasses of matters, and to make an instrument that applies differently by\nreference to stated exceptions or factors (see Legislation Act, s 48).\n11 Identity cards for inspectors\n(1) The director-general must give an inspector appointed under\nsection 10 (2) an identity card that states the person is an inspector for\nthis Act and shows—\n(a) a recent photograph of the person; and\n(b) the name of the person; and\n(c) the date of issue of the card; and\n(d) an expiry date for the card; and\n(e) anything else prescribed under the regulations.\n\nPart 3 Enforcement\nSection 12\npage 30 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence if—\n(a) the person was appointed as an inspector under section 10 (2);\nand\n(b) the person ceases to be an inspector; and\n(c) the person does not return the person’s identity card to the\ndirector-general as soon as practicable (but within 7 days) after\nthe day the person ceases to be an inspector.\nMaximum penalty: 1 penalty unit.\n(3) An offence against this section is a strict liability offence.\n12 Power to give directions\nIf an inspector believes on reasonable grounds that a person is\nsmoking in contravention of the Act, the inspector may direct the\nperson to stop smoking.\n13 Power to enter premises\n(1) For this Act, an inspector may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment);\nand\n(b) at any time, enter premises with the occupier’s consent.\n(2) However, subsection (1) (a) does not authorise entry into a part of\npremises that is being used only for residential purposes.\n(3) An inspector may, without the consent of the occupier of premises,\nenter land around the premises to ask for consent to enter the\npremises.\n(4) To remove any doubt, an inspector may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n\nEnforcement Part 3\nSection 14\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Production of identity card\nAn inspector must not remain at premises entered under this part if\nthe inspector does not produce their identity card when asked by the\noccupier.\n15 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter the\npremises under section 13 (1) (b), an inspector must—\n(a) produce their identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment (an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything seized under this part may be used in\nevidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date consent was given.\n(3) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n\nPart 3 Enforcement\nSection 16\npage 32 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A court must find that the occupier did not consent to entry to the\npremises by the inspector under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n16 General powers on entry to premises\n(1) An inspector who enters premises under this part may, for this Act,\ndo 1 or more of the following in relation to the premises or anything\non the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) require the occupier, or anyone at the premises, to give\ninformation, answer questions, or produce documents or\nanything else, reasonably needed to exercise the inspector’s\nfunctions under this Act.\nNote The Legislation Act, s 170 and s 171 deal with the application of\nthe privilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\nMaximum penalty: 10 penalty units.\n\nEnforcement Part 3\nSection 17\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Power to require name and address\n(1) An inspector may require a person to state the person’s name and\nhome address if the inspector suspects on reasonable grounds that the\nperson is committing or has just committed an offence against this\nAct.\n(2) The inspector must tell the person the reason for the requirement and,\nas soon as practicable, record the reason.\n(3) The person may ask the inspector to produce the inspector’s identity\ncard for inspection by the person.\n(4) A person must comply with a requirement made by the inspector\nunder subsection (1) if the inspector—\n(a) tells the person the reason for the requirement; and\n(b) complies with any request made by the person under\nsubsection (3).\nMaximum penalty: 10 penalty units.\n18 Power to seize things\n(1) An inspector who enters premises under this part with the occupier’s\nconsent may seize anything in the premises if—\n(a) the inspector is satisfied on reasonable grounds that the thing is\nconnected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An inspector who enters premises under this part (whether with the\noccupier’s consent or otherwise) may seize anything at the premises\nif satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n\nPart 3 Enforcement\nSection 19\npage 34 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(3) Having seized a thing, an inspector may remove the thing from the\npremises where it was seized to another place.\n(4) A person commits an offence if—\n(a) the person interferes with a seized thing; and\n(b) the person does not have an inspector’s approval to interfere\nwith the thing.\nMaximum penalty: 10 penalty units.\n(5) An offence against this section is a strict liability offence.\n19 Receipt for things seized\n(1) As soon as practicable after an inspector seizes a thing under this part,\nthe inspector must give a receipt for it to the person from whom it was\nseized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe inspector must leave the receipt, secured conspicuously, at the\npremises where the thing was seized.\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the inspector’s name, and how to contact the inspector;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n\nMiscellaneous Part 4\nSection 20\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n20 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n\nPart 4 Miscellaneous\nSection 22\npage 36 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may exempt an area of premises from the operation\nof part 2 (Smoking prohibited in enclosed public places) if—\n(a) the premises are occupied by a university or another entity\nprescribed by the regulations; and\n(b) the area is for scientific research into the effects of smoking.\n\nDictionary\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• commissioner for fair trading\n• contravene\n• director-general (see s 163)\n• Minister (see s 162)\n• must\n• police officer.\ncommissioner means the commissioner for fair trading.\ndeclared smoke-free public place or event—see section 9O (1).\ndesignated outdoor smoking area—see section 9F (2).\ndesignated smoking area—see section 9Q (2).\nenclosed public place means a public place, or part of a public place,\nthat is enclosed as prescribed by regulation.\nExamples—public places\nThe following may be public places (see definition of public place):\n1 business premises, including professional, trade and commercial premises\n2 a cinema or theatre\n3 a club, hotel or motel\n4 a community centre, hall or public library\n5 government premises\n6 a hostel or nursing home\n7 a place of worship\n8 a public transportation vehicle (including, a bus, taxi or boat)\n9 a restaurant or cafeteria\n10 a school, college or university\n11 a shopping centre, mall or plaza\n12 sporting or recreational premises\n\nDictionary\npage 38 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ngaming area—see the Gaming Machine Act 2004, dictionary.\nmanager, in relation to a declared smoke-free public place or event,\nmeans the person responsible (whether wholly or in part) for the\nmanagement of the public place or event.\noccupier, of premises or a part of premises (including an enclosed\npublic place), means a person having the management or control, or\notherwise being in charge, of the premises or part of the premises.\noutdoor area, of premises, means any part of the premises that is not\nan enclosed public place.\noutdoor eating or drinking place—see section 9A.\npublic place means a place to which the public or a section of the\npublic has access, whether—\n(a) by payment, membership of a body or otherwise; or\n(b) by entitlement or permission.\nExamples\nThe places, or parts of the places, mentioned in the examples for the definition of\nenclosed public place may be public places.\nsmoke—see section 5B.\nsmoking management plan—see section 9J.\nunderage function—see section 9K.\n\nEndnotes\nAbout the endnotes 1\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 40 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Smoke-Free Public Places Act 2003 was originally the Smoking (Prohibition\nin Enclosed Public Places) Act 2003. It was renamed by the Smoking (Prohibition\nin Enclosed Public Places) Amendment Act 2009 A2009-51 (see s 5).\nSmoke-Free Public Places Act 2003 A2003-51\nnotified LR 25 November 2003\ns 1, s 2 commenced 25 November 2003 (LA s 75 (1))\npt 4 commenced 26 November 2003 (s 2 (2))\nremainder commenced 1 December 2006 (s 2 (1))\nas amended by\nJustice and Community Safety Legislation Amendment Act 2005\nA2005-5 pt 14\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 14 commenced 24 February 2005 (s 2 (2))\nSmoking (Prohibition in Enclosed Public Places) Amendment\nAct 2005 A2005-6\nnotified LR 22 February 2005\ns 1, s 2 commenced 22 February 2005 (LA s 75 (1))\nremainder commenced 1 December 2006 (s 2)\nSmoking (Prohibition in Enclosed Public Places) Amendment\nAct 2009 A2009-51\nnotified LR 18 December 2009\ns 1, s 2 commenced 18 December 2009 (LA s 75 (1))\nremainder commenced 9 December 2010 (s 2 (1) (b) and CN2010-4)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 2 pt 2.2\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 2 pt 2.2 commenced 9 December 2010 (s 2 (3) and see Smoking\n(Prohibition in Enclosed Public Places) Amendment Act 2009\nA2009-51, s 2 and CN2010-4)\n\nEndnotes\nLegislation history 3\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2011\nA2011-16 sch 1 pt 1.10\nnotified LR 17 May 2011\ns 1, s 2 commenced 17 May 2011 (LA s 75 (a))\nsch 1 pt 1.10 commenced 17 November 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.141\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.141 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.46\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.46 commenced 5 June 2012 (s 2 (1))\nSmoke-Free Public Places Amendment Act 2016 A2016-17\nnotified LR 17 March 2016\ns 1, s 2 commenced 17 March 2016 (LA s 75 (1))\nremainder commenced 18 March 2016 (s 2)\nSmoke-Free Legislation Amendment Act 2016 A2016-20 pt 2\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\npt 2 commenced 1 August 2016 (s 2 and CN2016-13)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.54\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.54 commenced 23 June 2021 (s 2 (1))\nTobacco and Other Smoking Products (Vaping Goods) Amendment\nAct 2025 A2025-8 sch 1 pt 1.2\nnotified LR 17 April 2025\ns 1, s 2 commenced 17 April 2025 (LA s 75 (1))\nsch 1 pt 1.2 commenced 18 April 2025 (s 2)\n\nEndnotes\n3 Legislation history\npage 42 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.86, sch 4\npt 4.166\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.86, sch 4 pt 4.166 commenced 26 November 2025 (s 2 (3),\n(9))\n\nEndnotes\nAmendment history 4\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nlong title sub A2009-51 s 4\nName of Act\ns 1 sub A2009-51 s 5\nCommencement\ns 2 om LA s 89 (4)\nDictionary\ns 3 am A2016-20 s 4; A2025-8 amdt 1.4\nImportant concepts\npt 1A hdg ins A2005-6 s 4\nObject\ns 5A ins A2005-6 s 4\nsub A2009-51 s 6\nMeaning of smoke\ns 5B ins A2005-6 s 4\nam A2009-51 s 7, s 8; A2016-20 ss 5-9\nsub A2025-8 amdt 1.5\nOffence to smoke in enclosed public place\ns 6 sub A2009-51 s 9\nOffence to smoke in enclosed public place in contravention of direction\ns 7 sub A2009-51 s 9\nam A2016-17 s 9\nOffence by occupier—person smoking in enclosed public place\ns 8 hdg sub A2005-6 s 5\ns 8 am A2005-6 s 6\nsub A2009-51 s 9\nam A2016-17 s 9\nOffence by occupier—permitting smoke into enclosed public place from\nanother part of premises\ns 8A ins A2005-6 s 7\nOffence by occupier—not displaying required signs\ns 8AA ins A2009-51 s 10\nOffence by neighbouring occupier\ns 9 sub A2005-6 s 7\nSmoking prohibited in outdoor eating or drinking places\npt 2A hdg ins A2009-51 s 11\n\nEndnotes\n4 Amendment history\npage 44 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nGeneral\ndiv 2A.1 hdg ins A2009-51 s 11\nMeaning of outdoor eating or drinking place\ns 9A ins A2009-51 s 11\nam A2016-20 ss 10-12\nSmoking prohibited—outdoor eating or drinking places\ndiv 2A.2 hdg ins A2009-51 s 11\nOffence to smoke in outdoor eating or drinking place\ns 9B ins A2009-51 s 11\nOffence to smoke in outdoor eating or drinking place in contravention of\ndirection\ns 9C ins A2009-51 s 11\nam A2016-17 s 9\nOffence by occupier—person smoking in outdoor eating or drinking place\ns 9D ins A2009-51 s 11\nam A2016-17 s 9\nOffence by occupier—not displaying required signs etc\ns 9E ins A2009-51 s 11\nDesignated outdoor smoking areas\ndiv 2A.3 hdg ins A2009-51 s 11\nDesignating outdoor smoking area\ns 9F ins A2009-51 s 11\nam A2010-43 amdt 2.11\nLicensee to notify commissioner of designated outdoor smoking area\ns 9G ins A2009-51 s 11\nam A2021-12 amdt 3.165\nObligations of licensee—things not allowed in designated outdoor smoking\narea\ns 9H ins A2009-51 s 11\nam A2016-17 s 9\nOffence by occupier—permitting smoke from designated outdoor smoking\narea to enter another part of outdoor eating or drinking place\ns 9I ins A2009-51 s 11\nSmoking management plan\ns 9J ins A2009-51 s 11\nSmoking prohibited at underage functions\npt 2B hdg ins A2009-51 s 11\nMeaning of underage function—pt 2B\ns 9K ins A2009-51 s 11\n\nEndnotes\nAmendment history 4\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSmoking prohibited at underage function\ns 9L ins A2009-51 s 11\nObligations on organiser of underage function\ns 9M ins A2009-51 s 11\nOffence to smoke at underage function in contravention of direction\ns 9N ins A2009-51 s 11\nam A2016-17 s 4\nSmoking prohibited at declared smoke-free public places or events\npt 2C hdg ins A2016-17 s 5\nDeclaration of smoke-free public place or event\ns 9O ins A2016-17 s 5\nam A2025-29 amdt 4.167\nSignage\ns 9P ins A2016-17 s 5\nam A2025-29 amdt 4.167\nRequirements for designated smoking areas\ns 9Q ins A2016-17 s 5\nObligations of occupier or manager—things not allowed in designated\nsmoking area\ns 9R ins A2016-17 s 5\nOffence by occupier or manager—permitting smoke from designated\nsmoking area to enter another part of public place or event\ns 9S ins A2016-17 s 5\nOffence to smoke at declared smoke-free public place or event\ns 9T ins A2016-17 s 5\nOffence to smoke at declared smoke-free public place or event in\ncontravention of direction\ns 9U ins A2016-17 s 5\nOffence by occupier or manager—not displaying required signs\ns 9V ins A2016-17 s 5\nInspectors\ns 10 am A2011-22 amdt 1.403; A2011-16 amdt 1.39; pars renum\nR4 LA; A2016-17 s 6; A2016-20 s 13\nIdentity cards for inspectors\ns 11 am A2011-22 amdt 1.403\nPower to give directions\ns 12 sub A2009-51 s 12\n\nEndnotes\n4 Amendment history\npage 46 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPower to enter premises\ns 13 om A2009-51 s 13\nins A2009-51 s 12\nProduction of identity card\ns 14 orig s 14\nrenum as s 22\npres s 14\nins A2009-51 s 12\nam A2025-29 amdt 3.313\nConsent to entry\ns 15 om LA s 89 (3)\nins A2009-51 s 12\nam A2025-29 amdt 3.313\nGeneral powers on entry to premises\ns 16 om LA s 89 (3)\nins A2009-51 s 12\nPower to require name and address\ns 17 om LA s 89 (3)\nins A2009-51 s 12\nPower to seize things\ns 18 om LA s 89 (3)\nins A2009-51 s 12\nReceipt for things seized\ns 19 om LA s 89 (3)\nins A2009-51 s 12\nMiscellaneous\npt 4 hdg om LA s 89 (3)\nins A2009-51 s 13\nActs and omissions of representatives\ns 20 om LA s 89 (3)\nins A2009-51 s 13\nApproved forms\ns 21 om LA s 89 (3)\nins A2009-51 s 13\nom A2021-12 amdt 3.166\nRegulation-making power\ns 22 orig s 22\nom LA s 89 (3)\npres s 22\n(prev s 14) renum as s 22 A2009-51 s 14\nam A2025-29 amdt 4.167\n\nEndnotes\nAmendment history 4\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepeals and consequential amendments\npt 5 hdg om LA s 89 (3)\nRepeals\ndiv 5.1 hdg om LA s 89 (3)\nGaming Machine Act 1987\ndiv 5.2 hdg om LA s 89 (3)\nNew section 24A (1) (ba) and (bb)\ns 23 om LA s 89 (3)\nSection 24A (1)\ns 24 om LA s 89 (3)\nNew section 24A (2)\ns 25 om LA s 89 (3)\nLiquor Act 1975\ndiv 5.3 hdg om LA s 89 (3)\nGrounds for issue of directions\nSection 82\ns 26 om LA s 89 (3)\nNew section 82 (1) (ca) and (cb)\ns 27 om LA s 89 (3)\nSection 82 (1)\ns 28 om LA s 89 (3)\nNew section 82 (2)\ns 29 om LA s 89 (3)\nTypes of directions\nSection 85 (2) (c)\ns 30 om LA s 89 (3)\nNew section 93A\ns 31 om A2005-5 s 47\nNew section 110A\ns 32 om LA s 89 (3)\nGround for cancellation\nNew section 116 (2) (ab)\ns 33 om LA s 89 (3)\nSection 116 (2)\ns 34 om LA s 89 (3)\nNew section 116A\ns 35 om A2005-5 s 47\n\nEndnotes\n4 Amendment history\npage 48 Smoke-Free Public Places Act 2003\nEffective: 26/11/25\nR10\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict am A2009-51 s 15; A2011-22 amdt 1.404; A2012-21\namdt 3.181; A2016-17 s 7\ndef commissioner ins A2009-51 s 16\ndef declared smoke-free public place or event ins A2016-17\ns 8\ndef designated outdoor smoking area ins A2009-51 s 16\ndef designated smoking area ins A2016-17 s 8\ndef enclosed public place sub A2005-6 s 8\ndef gaming area ins A2009-51 s 16\ndef herbal product ins A2009-51 s 16\nom A2016-20 s 14\ndef manager ins A2016-17 s 8\ndef occupier sub A2005-6 s 8\ndef outdoor area ins A2009-51 s 16\ndef outdoor eating or drinking place ins A2009-51 s 16\ndef personal vaporiser ins A2016-20 s 15\nom A2025-8 amdt 1.6\ndef public place sub A2005-6 s 8\ndef smoke sub A2005-6 s 8\ndef smoking management plan ins A2009-51 s 16\ndef smoking product sub A2016-20 s 16\nom A2025-8 amdt 1.6\ndef tobacco product ins A2009-51 s 16\nom A2016-20 s 17\ndef underage function ins A2009-51 s 16\n\nEndnotes\nEarlier republications 5\nR10\n26/11/25\nSmoke-Free Public Places Act 2003\nEffective: 26/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 Dec 2006\n1 Dec 2006–\n8 Dec 2010\nA2005-6 new Act and\namendments by\nA2005-5 and\nA2005-6\nR2\n9 Dec 2010\n9 Dec 2010–\n30 June 2011\nA2010-43 renaming and other\namendments by\nA2009-51 and\nA2010-43\nR3\n1 July 2011\n1 July 2011–\n16 Nov 2011\nA2011-22 amendments by\nA2011-22\nR4\n17 Nov 2011\n17 Nov 2011–\n4 June 2012\nA2011-22 amendments by\nA2011-16\nR5\n5 June 2012\n5 June 2012–\n17 Mar 2016\nA2012-21 amendments by\nA2012-21\nR6\n18 Mar 2016\n18 Mar 2016–\n31 July 2016\nA2016-17 amendments by\nA2016-17\nR7\n1 Aug 2016\n1 Aug 2016–\n22 June 2021\nA2016-20 amendments by\nA2016-20\nR8\n23 June 2021\n23 June 2021–\n17 Apr 2025\nA2021-12 amendments by\nA2021-12\nR9\n18 Apr 2025\n18 Apr 2025–\n25 Nov 2025\nA2025-8 amendments by\nA2025-8\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown beyond the original 2003 purpose of prohibiting smoking in enclosed public places. Subsequent amendments expanded coverage to outdoor eating and drinking places (inserted 2009, see s 9A–9E), created a framework for designated outdoor smoking areas with detailed limits and management plans (s 9F–9J), added rules for underage functions (s 9K–9N), enabled ministerial declarations of smoke‑free public places or events (s 9O–9Q), and, by 2025, explicitly included vapour from personal vaporisers and vaping goods within the definition of smoke (s 5B and amendment history). These additions broaden the settings regulated, add administrative/designation mechanisms, and introduce nuanced exceptions (licensed premises, designated areas) and stronger enforcement machinery compared with the Act’s original confined scope."},"complexity_factors":["Multiple parts and overlays: Part 2 (enclosed places), Part 2A (outdoor eating/drinking), Part 2B (underage functions), Part 2C (declared smoke‑free places/events) — similar rules repeated with variations","Many defined terms and external cross‑references: s 5B and dictionary plus references to Tobacco and Other Smoking Products Act 1927, Liquor Act 2010, Gaming Machine Act 2004","Layered exceptions and evidential burdens: several offences are strict liability; multiple provisions create evidential burdens for defendants (e.g. s 7(3), s 9C(3), s 9N(2), s 9T(3))","Detailed technical conditions for designated smoking areas: percentage limits, off‑gaming area special rule, buffer specifications, location restrictions, and prohibition of food/drink/entertainment (s 9F–9H)","Regulation and ministerial determinations add technical rules outside primary Act (s 9P, s 22) increasing interpretive complexity","Enforcement powers are substantive and procedural (entry, seizure, consent rules, ID production, receipts) and cross‑refer to Legislation Act and Criminal Code (Part 3, s 13–19; s 5)","Multiple penalty tiers (from 1 to 50 penalty units) tied to different actors and breaches","Notification and administrative obligations (e.g. notify commissioner within 14 days s 9G; keep smoking management plan s 9J(3))"],"plain_english_summary":"**What this law does (mechanics)\n\n- Prohibits smoking (including vaping and vapour from personal vaporisers) in specified public settings. Key prohibitions: smoking in enclosed public places (s 6), in outdoor eating or drinking places (s 9B), at underage functions (s 9L), and in any area covered by a smoke‑free declaration (Part 2C, s 9O and s 9T).\n\n- Creates offences and penalties for individuals who smoke in those places (penalties vary; e.g. s 6 maximum 5 penalty units, s 7 direction‑contravention up to 20 units). Many offences are strict liability (no need to prove intent) (see s 6, s 7, s 9B, s 9C, s 9D, s 9N, s 9T, s 9U, s 9V).\n\n- Places duties on occupiers, licensees and organisers. Examples:\n  - Occupiers must prevent smoking on their premises and take reasonable steps to stop smoke entering enclosed public places (s 8, s 8A, s 9I, s 9S).\n  - Occupiers of outdoor eating/drinking places must display ‘no smoking’ signs and identify seating areas where relevant (s 9E).\n  - Licensees of licensed premises may create designated outdoor smoking areas but only under detailed rules (s 9F–9J). They must notify the commissioner when they do (s 9G) and prepare a smoking management plan (s 9J).\n  - Organisers of underage functions must display signage, include smoking prohibition on tickets and make announcements (s 9M).\n\n- Allows the Chief Minister and a Minister to declare any public place or event smoke‑free (s 9O). Declarations can set signage requirements and whether designated smoking areas are permitted; determinations about signage can be made by the Minister (s 9P, s 9Q).\n\n- Establishes enforcement powers and procedures: authorised inspectors (s 10), identity cards (s 11), power to direct people to stop smoking (s 12), entry and inspection powers (s 13–16), power to require name and address (s 17), seizure rules (s 18–19). Inspectors must show ID when requested; if a non‑uniformed inspector gives a direction and fails to produce ID on request, that can be an evidential defence in some direction‑contravention offences (see s 7(3), s 9C(3), s 9N(2), s 9U(3)).\n\n- Gives regulation‑making power to set technical details, including what counts as an enclosed public place and possible exemptions (s 22, definition of enclosed public place in the dictionary).\n\n**Who it affects\n\n- Individuals who smoke or vape in public: their ability to smoke in many indoor and some outdoor public places is restricted (s 5B; s 6; s 9B; s 9L; s 9T).\n- Business owners and occupiers of public premises (cafes, restaurants, pubs, shopping centres, stadiums, cinemas, etc.): they face duties to prevent smoking, to display signage, and to take reasonable steps to stop smoke entering smoke‑free areas (s 8, s 8A, s 9E, s 9I, s 9S, s 9V).\n- Licensees of liquor‑licensed premises: they may designate outdoor smoking areas but only within strict limits (s 9F–9H) and must prepare management plans and notify the commissioner (s 9G, s 9J).\n- Organisers of events aimed at under‑18s: they must actively prevent smoking at those events (s 9K–9M).\n- Inspectors and the government: exercise enforcement functions and make declarations/determinations that change the on‑the‑ground rules (Part 3; s 9O–9P).\n\n**Why it matters (stated object and practical effects)\n\n- The Act’s stated object is public health: to minimise people’s exposure to environmental smoke in enclosed public places, outdoor eating or drinking places, and at underage functions (s 5A).\n\n- Practical trade‑offs and implementation effects (testing the purpose claim):\n  - Compliance costs and reallocation of space: occupiers and licensees must display signage, possibly redesign outdoor seating, install buffers/screens for designated smoking areas, and document smoking management plans (s 9E, s 9F(5)–(6), s 9J). Those physical changes and planning time have direct costs and opportunity costs (space that could have been used for paying patrons may be constrained by buffers and bans on food/drink in smoking areas — see s 9H(1)(b)–(c)).\n  - Concentrated vs diffuse economic impacts: licensed premises that retain smoking areas under the Act can continue to service some patrons who smoke, but the Act restricts such areas (limits in s 9F(4) and buffer requirements s 9F(5)–(7)). Small food vendors and cafes that rely on outdoor seating will need to enforce no‑smoking rules and signage (s 9E). Those compliance costs fall on a relatively concentrated set of businesses (hospitality, licensed venues) while health benefits are diffuse.\n  - Enforcement and administrative burden: inspectors have wide entry and seizure powers (s 13, s 16, s 18) and many offences are strict liability, which increases the compliance risk for occupiers and managers because mens rea (intention) is not required for conviction. Defendants bear evidential burdens in some exceptions (see notes at s 7(3), s 9C(3), s 9N(2), s 9T(3), and Criminal Code cross‑reference in s 5).\n  - Regulatory discretion and predictability: the Chief Minister and Minister can declare places or events smoke‑free (s 9O), and the Minister can determine signage requirements (s 9P). Declarations are disallowable instruments (s 9O(6)), which provides a legislative check, but day‑to‑day settings rely on administrative decisions and enforcement practice. The Act requires consultation before a declaration (s 9O(2)), which gives stakeholders a chance to be heard.\n  - Effects on private choice and competition: the Act reduces the set of locations where people can choose to smoke; businesses that cater to smokers lose some flexibility except where the Act permits designated smoking areas under specific conditions (s 9F–9J). The rules on designated areas (size limits, buffers, prohibitions on food/drink/entertainment) constrain how hospitality venues can package products and services.\n  - Risk of substitution and compliance workarounds: where smoking is prohibited, consumers may relocate to private premises, move to less regulated parts of the public realm, or change timing of visits. Licensees may reconfigure outdoor space, reduce seating, or reprice services to compensate.\n\n**Who pays, who decides, and what behaviour changes (plain)\n\n- Who pays: occupiers, licensees and event organisers pay the direct compliance costs (signage, management plans, training, physical buffers), and businesses may incur revenue effects from restricted smoking areas. Government pays enforcement costs via inspectors and administrative processing of declarations and notifications (s 10, s 9G).\n- Who decides: the Act sets legal rules; the Director‑General appoints inspectors (s 10(2), s 11), the Chief Minister and a Minister jointly declare smoke‑free areas (s 9O), and the Minister can make signage determinations (s 9P) and regulations can set technical details including what is ‘enclosed’ and exemptions (s 22).\n- Behaviour changes required: individuals must not smoke in the specified places; occupiers must prevent smoking and display signage; licensees must follow the designated‑area rules and produce management plans; inspectors may direct people to stop smoking and enforce compliance.\n\n**Selected sections to look at for details**: object and definition of smoke (s 5A, s 5B); prohibitions and penalties for enclosed public places (s 6–9); outdoor eating/drinking rules and designated smoking areas (s 9A–9J); underage functions (s 9K–9N); declarations and signage (s 9O–9Q); enforcement powers (s 10–19); regulation/exemptions (s 22)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2003 scope. Originally titled the 'Smoking (Prohibition in Enclosed Public Places) Act 2003', it initially only covered indoor smoking bans. Major amendments in 2009 added outdoor eating and drinking places, designated outdoor smoking areas (DOSAs) for licensed venues, and underage functions. The 2016 amendments added Part 2C allowing the Chief Minister to declare any public place or event smoke-free. The 2025 amendments (A2025-8) further expanded the definition of 'smoke' to explicitly include vaping and personal vaporisers, bringing e-cigarettes under the same regulatory framework as tobacco. The Act has evolved from a simple indoor smoking ban to a comprehensive public health framework regulating smoking and vaping across diverse public settings."},"complexity_factors":["Multiple overlapping regimes: enclosed places, outdoor eating areas, underage functions, and declared smoke-free events each with slightly different rules","Extensive cross-referencing to other ACT legislation (Tobacco and Other Smoking Products Act 1927, Liquor Act 2010, Gaming Machine Act 2004, Criminal Code, Legislation Act 2001)","Nested exceptions and defences: numerous 'reasonable steps' defences for occupiers and 'evidential burden' provisions requiring defendants to prove certain facts","Conditional logic for designated outdoor smoking areas (DOSAs): complex eligibility criteria (50% area limits, buffer requirements, adjacency restrictions, off-gaming area exceptions)","Signpost definitions in dictionary referencing external statutes rather than defining terms internally","Multiple penalty tiers (5, 10, 20, 50 penalty units) depending on offence type and offender role","Strict liability offences with specific statutory defences creating a layered liability framework","Enforcement powers with consent requirements and procedural safeguards (identity cards, acknowledgments of consent)"],"plain_english_summary":"This Act bans smoking and vaping in many public places across the ACT—indoors, outdoor dining/drinking areas (unless an approved designated outdoor smoking area), underage functions, and any declared smoke-free events—to reduce second-hand smoke exposure.\n\nIt affects smokers, occupiers (businesses must prevent smoking and signpost bans), licensees (may run DOSAs under strict rules), organisers, and inspectors; breaches attract strict‑liability fines, with higher penalties for serious or repeat failures."}},"importantCases":[],"_links":{"self":"/api/acts/smoke-free-public-places-act-2003","history":"/api/acts/smoke-free-public-places-act-2003/history","analysis":"/api/acts/smoke-free-public-places-act-2003/analysis","conflicts":"/api/acts/smoke-free-public-places-act-2003/conflicts","importantCases":"/api/acts/smoke-free-public-places-act-2003/important-cases","documents":"/api/acts/smoke-free-public-places-act-2003/documents"}}