Smoke-Free Public Places Act 2003 (ACT)

The Smoke-Free Public Places Act 2003 creates a statutory regime that makes smoking unlawful in specified public settings in the Australian Capital Territory, allocates responsibilities to occupiers, licensees and event organisers, provides powers to inspectors to enforce the prohibitions, and prescribes processes for creating declared smoke-free public places or events. The Act defines “smoke” to include both smoke from ignited tobacco or herbal products and vapour from activated personal vapourisers and vaping goods, and it defines the acts that constitute “smoking” (s 5B). The statute distinguishes enclosed public places (prohibited by Pt 2), outdoor eating or drinking places (Pt 2A), underage functions (Pt 2B), and declared smoke-free public places or events (Pt 2C), and it allows some limited, tightly specified designated smoking areas at licensed premises or in declared smoke-free places (ss 9F, 9Q).

Mechanically, the Act:

Makes it an offence for an individual to smoke in an enclosed public place, in an outdoor eating or drinking place (unless a designated outdoor smoking area applies), at an underage function, or at a declared smoke-free public place or event (ss 6, 9B, 9L, 9T). Maximum penalties for these personal offences are generally 5 penalty units, with higher penalties (20 penalty units) where a person disobeys a direction to stop smoking (eg s 7).
Imposes offences directly on occupiers, licensees and managers where a person smokes on premises they control, or where smoke is permitted to enter protected areas from other parts of premises (eg ss 8, 8A, 9D, 9I, 9S). Many of these corporate/occupier offences attract higher maximum penalties, up to 50 penalty units for breaches of designated-area requirements.
Requires display of “no smoking” signage where regulations or declarations require signs, and authorises the Minister to determine sign requirements for declared smoke-free places (ss 8AA, 9E, 9P, 9V).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Smoke-Free Public Places Act 2003 A2003-51 Republication No 10 Effective: 26 November 2025 Republication date: 26 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Smoke-Free Public Places Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Smoke-Free Public Places Act 2003 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 Part 1A Important concepts 5A Object 4 5B Meaning of smoke 4 Part 2 Smoking prohibited in enclosed public places 6 Offence to smoke in enclosed public place 6 7 Offence to smoke in enclosed public place in contravention of direction 6 8 Offence by occupier—person smoking in enclosed public place 7

Contents Page contents 2 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8A Offence by occupier—permitting smoke into enclosed public place from another part of premises 7 8AA Offence by occupier—not displaying required signs 8 9 Offence by neighbouring occupier 8 Part 2A Smoking prohibited in outdoor eating or drinking places Division 2A.1 General 9A Meaning of outdoor eating or drinking place 9 Division 2A.2 Smoking prohibited—outdoor eating or drinking places 9B Offence to smoke in outdoor eating or drinking place 11 9C Offence to smoke in outdoor eating or drinking place in contravention of direction 11 9D Offence by occupier—person smoking in outdoor eating or drinking place 12 9E Offence by occupier—not displaying required signs etc 13 Division 2A.3 Designated outdoor smoking areas 9F Designating outdoor smoking area 13 9G Licensee to notify commissioner of designated outdoor smoking area 15 9H Obligations of licensee—things not allowed in designated outdoor smoking area 16 9I Offence by occupier—permitting smoke from designated outdoor smoking area to enter another part of outdoor eating or drinking place 17 9J Smoking management plan 17 Part 2B Smoking prohibited at underage functions 9K Meaning of underage function—pt 2B 19 9L Smoking prohibited at underage function 20 9M Obligations on organiser of underage function 20 9N Offence to smoke at underage function in contravention of direction 21 Part 2C Smoking prohibited at declared smoke-free public places or events 9O Declaration of smoke-free public place or event 22 9P Signage 23 9Q Requirements for designated smoking areas 24

Contents Page R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9R Obligations of occupier or manager—things not allowed in designated smoking area 25 9S Offence by occupier or manager—permitting smoke from designated smoking area to enter another part of public place or event 25 9T Offence to smoke at declared smoke-free public place or event 26 9U Offence to smoke at declared smoke-free public place or event in contravention of direction 27 9V Offence by occupier or manager—not displaying required signs 27 Part 3 Enforcement 10 Inspectors 29 11 Identity cards for inspectors 29 12 Power to give directions 30 13 Power to enter premises 30 14 Production of identity card 31 15 Consent to entry 31 16 General powers on entry to premises 32 17 Power to require name and address 33 18 Power to seize things 33 19 Receipt for things seized 34 Part 4 Miscellaneous 20 Acts and omissions of representatives 35 22 Regulation-making power 36 Dictionary 37 Endnotes 1 About the endnotes 39 2 Abbreviation key 39 3 Legislation history 40 4 Amendment history 43 5 Earlier republications 49

R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Smoke-Free Public Places Act 2003 An Act to prohibit smoking in certain public places, and for other purposes

Part 1 Preliminary Section 1 page 2 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Smoke-Free Public Places Act 2003. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘gaming area—see the Gaming Machine Act 2004, dictionary.’ means that the term ‘gaming area’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 5 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 1A Important concepts Section 5A page 4 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1A Important concepts 5A Object The object of this Act is to promote public health by minimising the exposure of people to environmental smoke— (a) in enclosed public places; and (b) in outdoor eating or drinking places; and (c) at underage functions. 5B Meaning of smoke (1) For this Act, smoke means— (a) smoke from an ignited tobacco product or herbal product; or (b) vapour from an activated personal vaporiser or vaping good. (2) For this Act, a person smokes if the person— (a) directly puffs, draws or inhales smoke or vapour, whether or not the person uses a device designed for the inhalation of smoke or vapour by a smoker; or (b) holds or has control over a smoking product while it is ignited or activated. Examples—devices—par (a) 1 a cigarette holder 2 a pipe (including a hookah, water pipe or bong) (3) However, a person does not smoke only because the person holds or has control over a smoking product if the person holds or has control over it for the purpose of extinguishing it, deactivating it or removing it from— (a) an enclosed public place; or (b) an outdoor eating or drinking place; or

Important concepts Part 1A Section 5B R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) an underage function. (4) In this section: herbal product—see the Tobacco and Other Smoking Products Act 1927, dictionary. personal vaporiser—see the Tobacco and Other Smoking Products Act 1927, section 3B. smoking product means any of the following: (a) a tobacco product; (b) a herbal product; (c) a personal vaporiser; (d) a vaping good. tobacco product—see the Tobacco and Other Smoking Products Act 1927, dictionary. vaping good—see the Tobacco and Other Smoking Products Act 1927, section 3C.

Part 2 Smoking prohibited in enclosed public places Section 6 page 6 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Smoking prohibited in enclosed public places 6 Offence to smoke in enclosed public place (1) A person commits an offence if the person smokes in an enclosed public place. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. 7 Offence to smoke in enclosed public place in contravention of direction (1) A person commits an offence if— (a) the person smokes in an enclosed public place; and (b) an inspector, or the occupier of the place, directs the person to stop smoking in the enclosed public place; and (c) the person contravenes the direction. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. (3) A person does not commit an offence against this section if— (a) the direction was given by an inspector who is not a uniformed police officer; and (b) when asked by the person, the inspector does not produce the inspector’s identity card for inspection. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

Smoking prohibited in enclosed public places Part 2 Section 8 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Offence by occupier—person smoking in enclosed public place (1) The occupier of an enclosed public place commits an offence if a person smokes in the enclosed public place. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. (3) The occupier does not commit an offence against this section if— (a) the occupier was not aware, and could not reasonably be expected to have been aware, that the person was smoking in an enclosed public place; or (b) the occupier directed the person to stop smoking in the enclosed public place and the person contravened the direction. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). 8A Offence by occupier—permitting smoke into enclosed public place from another part of premises The occupier of premises on which there is an enclosed public place commits an offence if the occupier fails to take reasonable steps to prevent smoke entering the enclosed public place from another part of the premises occupied by the occupier. Maximum penalty: 10 penalty units.

Part 2 Smoking prohibited in enclosed public places Section 8AA page 8 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8AA Offence by occupier—not displaying required signs (1) The regulations may prescribe requirements in relation to the display of ‘no smoking’ signs in enclosed public places. (2) The occupier of an enclosed public place commits an offence if— (a) a ‘no smoking’ sign is required by regulation to be displayed in the enclosed public place; and (b) the sign is not displayed as required by regulation. Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence. 9 Offence by neighbouring occupier The occupier of premises commits an offence if the occupier fails to take reasonable steps to prevent smoke from the premises entering an enclosed public place on other premises. Maximum penalty: 10 penalty units.

Smoking prohibited in outdoor eating or drinking places Part 2A General Division 2A.1 Section 9A R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2A Smoking prohibited in outdoor eating or drinking places Division 2A.1 General 9A Meaning of outdoor eating or drinking place (1) A place is an outdoor eating or drinking place if— (a) it is a public place (other than an enclosed public place); and (b) people at the place may consume food or drink provided from an on-site service; and (c) either— (i) the place is licensed premises; or (ii) tables or chairs are provided for use by people consuming food or drink provided at the place. Examples—par (c) (ii) 1 an area containing tables and chairs on a footpath outside a cafe or takeaway food shop 2 an outdoor area at a shopping centre, surrounded by food outlets, containing tables and chairs at which food or drink purchased at the outlets may be consumed 3 an area containing tables and chairs, and bounded by hoardings or planter boxes, that is around a food caravan at a sporting ground 4 an outdoor area at premises containing stand-up tables at which food or drink purchased at the premises may be consumed 5 an outdoor area containing milk crates to sit on at a cafe 6 a sports stadium containing chairs at which food or drink purchased at outlets at the sports stadium may be consumed

Part 2A Smoking prohibited in outdoor eating or drinking places Division 2A.1 General Section 9A page 10 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, a place is an outdoor eating or drinking place only while— (a) food or drink is being provided, or is available to be provided, at the place from an on-site service; or (b) food or drink provided from an on-site service is being consumed at the place; or (c) clearing or cleaning related to the provision of food or drink in the place is being done. (3) Food or drink is taken to be provided from an on-site service whether it is— (a) served to a person in the outdoor eating or drinking place by or for the person conducting the on-site service; or (b) taken by a person from the on-site service for consumption in the outdoor drinking or eating place. (4) In this section: food or drink service means a business, or an enterprise of a commercial, charitable or community nature, that sells food or drink. licensed premises—see the Liquor Act 2010, dictionary. on-site service, in relation to a place, means a food or drink service at the place. provide, food or drink, includes distribute, give or sell the food or drink.

Smoking prohibited in outdoor eating or drinking places Part 2A Smoking prohibited—outdoor eating or drinking places Division 2A.2 Section 9B R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2A.2 Smoking prohibited—outdoor eating or drinking places 9B Offence to smoke in outdoor eating or drinking place (1) A person commits an offence if— (a) the person smokes in an outdoor eating or drinking place; and (b) the place where the person smokes is not a designated outdoor smoking area. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. 9C Offence to smoke in outdoor eating or drinking place in contravention of direction (1) A person commits an offence if— (a) the person smokes in an outdoor eating or drinking place; and (b) the place where the person smokes is not a designated outdoor smoking area; and (c) an inspector, or the occupier of the place, directs the person to stop smoking in the outdoor eating or drinking place; and (d) the person contravenes the direction. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. (3) A person does not commit an offence against this section if— (a) the direction was given by an inspector who is not a uniformed police officer; and

Part 2A Smoking prohibited in outdoor eating or drinking places Division 2A.2 Smoking prohibited—outdoor eating or drinking places Section 9D page 12 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) when asked by the person, the inspector does not produce the inspector’s identity card for inspection. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). 9D Offence by occupier—person smoking in outdoor eating or drinking place (1) The occupier of an outdoor eating or drinking place commits an offence if— (a) a person smokes in the outdoor eating or drinking place; and (b) the place where the person smokes is not a designated outdoor smoking area. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. (3) The occupier does not commit an offence against this section if— (a) the occupier was not aware, and could not reasonably be expected to have been aware, that the person was smoking in an outdoor eating or drinking place that was not a designated outdoor smoking area; or (b) the occupier directed the person to stop smoking in the outdoor eating or drinking place and the person contravened the direction. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

Smoking prohibited in outdoor eating or drinking places Part 2A Designated outdoor smoking areas Division 2A.3 Section 9E R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9E Offence by occupier—not displaying required signs etc (1) The occupier of an outdoor eating or drinking place must ensure that ‘no smoking’ signs are prominently displayed at the place. Maximum penalty: 20 penalty units. (2) The occupier of an outdoor eating or drinking place that is not licensed premises must ensure that tables and chairs provided by the on-site service for use by people consuming food or drink at the place are clearly identified by either or both of the following: (a) a plan displayed at the place; (b) signs or markings on the tables and chairs. Maximum penalty: 20 penalty units. (3) An offence against this section is a strict liability offence. Division 2A.3 Designated outdoor smoking areas 9F Designating outdoor smoking area (1) This section applies to— (a) premises in relation to which a club licence under the Liquor Act 2010 is in force; and (b) premises in relation to which a licence under the Liquor Act 2010 is in force authorising the sale of liquor for consumption on the premises, and that are used principally for that purpose. Example—par (b) a pub or tavern

Part 2A Smoking prohibited in outdoor eating or drinking places Division 2A.3 Designated outdoor smoking areas Section 9F page 14 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The licensee of the premises may designate part of the licensed outdoor area of the premises as an area in which drinking and smoking is allowed (a designated outdoor smoking area) by displaying a notice near the area— (a) stating that the area is a designated outdoor smoking area for this Act; and (b) stating that a person under 18 years old is not permitted in the area; and (c) stating that a smoking management plan for the premises is available for inspection at any time; and (d) including a diagram that sets out the limits of the area. (3) There may be more than 1 designated outdoor smoking area at the premises. (4) The parts of the licensed outdoor area of the premises that may be designated outdoor smoking areas are— (a) any part (an off-gaming area) that— (i) is adjacent to a gaming area and accessible only from a gaming area; and (ii) was part of the licensed outdoor area of the premises on 1 November 2009; and (b) up to 50% of the total area of the licensed outdoor area of the premises that is not an off-gaming area. (5) Each designated outdoor smoking area must have a buffer on its perimeter wherever it is adjacent to other parts of the outdoor area of the premises ordinarily accessed by patrons. (6) A buffer must be— (a) a screen or wall that is impervious to smoke and at least the height prescribed by regulation; or

Smoking prohibited in outdoor eating or drinking places Part 2A Designated outdoor smoking areas Division 2A.3 Section 9G R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) an area at least 4m wide where patrons are not allowed to eat, drink or smoke, half of which must be taken from the area that would otherwise form part of the designated outdoor smoking area. (7) A designated outdoor smoking area— (a) must not be adjacent to an entrance to the premises (unless it is an off-gaming area); and (b) must be in a position that minimises smoke from the area entering any part of an outdoor eating or drinking place that is not a designated outdoor smoking area. (8) A licensee of premises must not designate a part or parts of the licensed outdoor area of the premises under subsection (2) otherwise than in accordance with this section. Maximum penalty: 50 penalty units. (9) An offence against this section is a strict liability offence. 9G Licensee to notify commissioner of designated outdoor smoking area (1) The licensee of premises at which there is a designated outdoor smoking area must give the commissioner notice of the designated outdoor smoking area within 14 days after the day the licensee designates the outdoor smoking area. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence.

Part 2A Smoking prohibited in outdoor eating or drinking places Division 2A.3 Designated outdoor smoking areas Section 9H page 16 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9H Obligations of licensee—things not allowed in designated outdoor smoking area (1) The licensee of premises at which there is a designated outdoor smoking area must ensure that, in the designated outdoor smoking area— (a) there are no people under 18 years old; and (b) there is no food or drink service; and (c) no food is consumed; and (d) no entertainment is offered or directly accessible; and (e) there are no gaming machines. Maximum penalty: 50 penalty units. Note For where gaming machines may be located, see the Gaming Machine Act 2004. (2) An offence against this section is a strict liability offence. (3) The licensee does not commit an offence against this section in relation to a contravention of subsection (1) (c) if the licensee was not aware, and could not reasonably be expected to have been aware, that food was being consumed in the designated outdoor smoking area. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) In this section: entertainment includes television (for example, televised sporting events), but does not include public announcements or recorded music.

Smoking prohibited in outdoor eating or drinking places Part 2A Designated outdoor smoking areas Division 2A.3 Section 9I R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9I Offence by occupier—permitting smoke from designated outdoor smoking area to enter another part of outdoor eating or drinking place (1) This section applies to premises at which there is a designated outdoor smoking area. (2) The occupier of the premises commits an offence if the occupier fails to take reasonable steps to prevent smoke from the designated outdoor smoking area entering any part of an outdoor eating or drinking place at the premises that is not a designated outdoor smoking area. Maximum penalty: 50 penalty units. Note The occupier also commits an offence if smoke from the premises enters an enclosed public place on the premises (see s 8A). (3) An offence against this section is a strict liability offence. 9J Smoking management plan (1) A smoking management plan is a document, prepared for premises at which there is a designated outdoor smoking area, stating how smoking is managed at the premises with the aim of reducing harm from environmental smoke at the premises. (2) A smoking management plan must include— (a) a diagram of the premises that identifies— (i) the designated outdoor smoking area; and (ii) the buffer for the designated outdoor smoking area; and (iii) the location of the notice mentioned in section 9F (2); and (b) a statement of how the exposure to environmental smoke will be minimised; and (c) a description of the training given to workers about the requirements of this Act; and

Part 2A Smoking prohibited in outdoor eating or drinking places Division 2A.3 Designated outdoor smoking areas Section 9J page 18 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) a description of how the prohibition on food or drink service in designated outdoor smoking areas will be managed; and (e) anything else prescribed by regulation. (3) The licensee of premises at which there is a designated outdoor smoking area must— (a) prepare and keep up-to-date a smoking management plan that complies with this section; and (b) make the smoking management plan available for inspection on request. Maximum penalty: 50 penalty units. (4) An offence against this section is a strict liability offence.

Smoking prohibited at underage functions Part 2B Section 9K R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2B Smoking prohibited at underage functions 9K Meaning of underage function—pt 2B (1) In this part: underage function means a function that— (a) has as its principal purpose the provision of live or recorded music (for listening to, dancing to or both); and (b) is predominantly organised for people under 18 years old; and (c) is open to the public or a section of the public (with or without payment); and (d) takes place in an area or premises other than a private residence. Examples—underage functions 1 a blue light disco 2 a live band performance organised for students at a secondary school 3 a lakeside dance party organised for under 18 year olds only (2) In working out whether a function is predominantly organised for people under 18 years old, each of the following must be considered: (a) the name of the function; (b) the nature of the body or person who is the organiser of the function; (c) the ways used to publicise the function; (d) who the function is publicised to; (e) ticketing arrangements for the function (if any); (f) anything else prescribed by regulation. Note Section 9M (1) (b) requires any tickets issued for an underage function to state that smoking is prohibited.

Part 2B Smoking prohibited at underage functions Section 9L page 20 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9L Smoking prohibited at underage function Smoking is prohibited at an underage function. 9M Obligations on organiser of underage function (1) The organiser of an underage function must ensure that— (a) ‘no smoking’ signs are prominently displayed at the function; and (b) any ticket issued for the function includes a statement that smoking is prohibited; and (c) a public announcement that smoking is prohibited is made at the beginning of the function. Maximum penalty: 20 penalty units. (2) The organiser of an underage function must— (a) give a direction to stop smoking to any person who smokes at the function; and (b) give a direction to immediately leave the function to any person who continues to smoke in contravention of a direction given to the person under paragraph (a). Maximum penalty: 20 penalty units. (3) Subsection (2) (a) does not apply if the organiser was not aware, and could not reasonably be expected to have been aware, that the person was smoking at the function.

Smoking prohibited at underage functions Part 2B Section 9N R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9N Offence to smoke at underage function in contravention of direction (1) A person commits an offence if— (a) the person smokes at an underage function; and (b) an inspector, or the organiser of the function, directs the person to stop smoking at the function; and (c) the person contravenes the direction. Maximum penalty: 10 penalty units. (2) A person does not commit an offence against this section if— (a) the direction was given by an inspector who is not a uniformed police officer; and (b) when asked by the person, the inspector does not produce the inspector’s identity card for inspection. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

Part 2C Smoking prohibited at declared smoke-free public places or events Section 9O page 22 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2C Smoking prohibited at declared smoke-free public places or events 9O Declaration of smoke-free public place or event (1) The Chief Minister and Minister may jointly declare that a public place or event is a smoke-free public place or event (a declared smoke-free public place or event). Note Power to make a statutory instrument (including a declaration) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). (2) Before making a declaration, the Minister must consult with the community, including people or organisations that would be directly affected if the declaration is made. (3) In deciding whether to make a declaration, the Chief Minister and Minister must consider the following matters: (a) the frequency with which the public place or event is visited by children or families; (b) the number of people likely to be present at the public place or event; (c) whether the declaration will promote a more supportive environment for people who have, or are trying to, quit smoking; (d) whether the declaration will help reduce people’s exposure to smoking-related harms, including environmental tobacco smoke; (e) the outcome of community consultation; (f) any identified costs and benefits of establishing the area as smoke-free, including economic and business impacts;

Smoking prohibited at declared smoke-free public places or events Part 2C Section 9P R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) measures to promote compliance. (4) A declaration may— (a) state that ‘no smoking’ signs must be displayed at the public place or event; and (b) set out requirements for the signs. Note Requirements for ‘no smoking’ signs may also be determined under s 9P. (5) A declaration may also— (a) provide that an area may be designated in which smoking is allowed at the public place or event; and (b) set out requirements for the area. Examples—requirements for designated smoking areas 1 size, location and number of areas 2 words and images that may be displayed in the area 3 erection of partitions or barriers to prevent the penetration of smoke into areas that are not designated smoking areas. Note Requirements for designated smoking areas are also set out under s 9Q. (6) A declaration is a disallowable instrument. (7) If the Chief Minister is also the Minister, another Minister must make the joint declaration under subsection (1) with the Chief Minister. 9P Signage (1) The Minister may determine requirements in relation to the display of ‘no smoking’ signs at a declared smoke-free public place or event. Examples—requirements for display of signs 1 size, location and number of signs 2 words and images that may be displayed on signs (2) A determination is a notifiable instrument.

Part 2C Smoking prohibited at declared smoke-free public places or events Section 9Q page 24 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9Q Requirements for designated smoking areas (1) This section applies if a declaration under section 9O provides that an area may be designated in which smoking is allowed at a declared smoke-free public place or event. (2) The occupier or manager of the public place or event may designate an area at the public place or event as an area in which smoking is allowed (a designated smoking area) by displaying a notice near the area— (a) stating that the area is a designated smoking area for this Act; and (b) stating that a person under 18 years old is not permitted in the area; and (c) including a diagram that sets out the limits of the area. (3) Unless otherwise stated in the declaration, there may be more than 1 designated smoking area at the public place or event. (4) A designated smoking area— (a) must not be adjacent to an entrance to the public place or event; and (b) must be in a position that minimises smoke from the area entering any part of the public place or event that is not a designated smoking area. (5) The occupier or manager of the public place or event must not designate an area under subsection (2) other than— (a) in accordance with this section; or (b) as required by the declaration. Maximum penalty: 50 penalty units. (6) An offence against this section is a strict liability offence.

Smoking prohibited at declared smoke-free public places or events Part 2C Section 9R R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9R Obligations of occupier or manager—things not allowed in designated smoking area (1) The occupier or manager of a declared smoke-free public place or event at which there is a designated smoking area must ensure that, in the designated smoking area— (a) there are no people under 18 years old; and (b) there is no food or drink service; and (c) no food is consumed; and (d) no entertainment is offered or directly accessible. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) The occupier or manager does not commit an offence against this section in relation to a contravention of subsection (1) (c) if the occupier or manager was not aware, and could not reasonably be expected to have been aware, that food was being consumed in the designated smoking area. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) In this section: entertainment includes television (for example, televised sporting events), but does not include public announcements or recorded music. 9S Offence by occupier or manager—permitting smoke from designated smoking area to enter another part of public place or event (1) This section applies to a declared smoke-free public place or event at which there is a designated smoking area.

Part 2C Smoking prohibited at declared smoke-free public places or events Section 9T page 26 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The occupier or manager of the public place or event commits an offence if the occupier or manager fails to take reasonable steps to prevent smoke from the designated smoking area entering any part of the public place or event that is not a designated smoking area. Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. 9T Offence to smoke at declared smoke-free public place or event (1) A person commits an offence if — (a) the person smokes at a declared smoke-free public place or event; and (b) the place where the person smokes is not a designated smoking area. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. (3) A person does not commit an offence against this section if— (a) a declaration under section 9O states that ‘no smoking’ signs must be displayed at the public place or event; and (b) the signs are not— (i) displayed as required by the declaration; or (ii) in accordance with any requirement determined under section 9P. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

Smoking prohibited at declared smoke-free public places or events Part 2C Section 9U R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9U Offence to smoke at declared smoke-free public place or event in contravention of direction (1) A person commits an offence if— (a) the person smokes at a declared smoke-free public place or event; and (b) the place where the person smokes is not a designated smoking area; and (c) an inspector, the occupier of the public place or manager of the event, directs the person to stop smoking at the public place or event; and (d) the person contravenes the direction. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. (3) A person does not commit an offence against this section if— (a) the direction was given by an inspector who is not a uniformed police officer; and (b) when asked by the person, the inspector does not produce the inspector’s identity card for inspection. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). 9V Offence by occupier or manager—not displaying required signs (1) This section applies if a declaration under section 9O states that ‘no smoking’ signs must be displayed at a public place or event. (2) The occupier or manager of the public place or event commits an offence if the signs are not— (a) displayed as required by the declaration; or

Part 2C Smoking prohibited at declared smoke-free public places or events Section 9V page 28 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) in accordance with a requirement determined under section 9P. Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence.

Enforcement Part 3 Section 10 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Enforcement 10 Inspectors (1) Each of the following is an inspector for this Act: (a) an authorised officer under the Tobacco and Other Smoking Products Act 1927, section 32; (b) an investigator under the Fair Trading (Australian Consumer Law) Act 1992; (c) a public servant appointed under subsection (2). (2) The director-general may appoint a public servant as an inspector for this Act. Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 Power to make a statutory instrument (including an appointment) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). 11 Identity cards for inspectors (1) The director-general must give an inspector appointed under section 10 (2) an identity card that states the person is an inspector for this Act and shows— (a) a recent photograph of the person; and (b) the name of the person; and (c) the date of issue of the card; and (d) an expiry date for the card; and (e) anything else prescribed under the regulations.

Part 3 Enforcement Section 12 page 30 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person commits an offence if— (a) the person was appointed as an inspector under section 10 (2); and (b) the person ceases to be an inspector; and (c) the person does not return the person’s identity card to the director-general as soon as practicable (but within 7 days) after the day the person ceases to be an inspector. Maximum penalty: 1 penalty unit. (3) An offence against this section is a strict liability offence. 12 Power to give directions If an inspector believes on reasonable grounds that a person is smoking in contravention of the Act, the inspector may direct the person to stop smoking. 13 Power to enter premises (1) For this Act, an inspector may— (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment); and (b) at any time, enter premises with the occupier’s consent. (2) However, subsection (1) (a) does not authorise entry into a part of premises that is being used only for residential purposes. (3) An inspector may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (4) To remove any doubt, an inspector may enter premises under subsection (1) without payment of an entry fee or other charge.

Enforcement Part 3 Section 14 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Production of identity card An inspector must not remain at premises entered under this part if the inspector does not produce their identity card when asked by the occupier. 15 Consent to entry (1) When seeking the consent of an occupier of premises to enter the premises under section 13 (1) (b), an inspector must— (a) produce their identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything seized under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date consent was given. (3) If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.

Part 3 Enforcement Section 16 page 32 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A court must find that the occupier did not consent to entry to the premises by the inspector under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry. 16 General powers on entry to premises (1) An inspector who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything on the premises: (a) inspect or examine; (b) take measurements or conduct tests; (c) take samples; (d) take photographs, films, or audio, video or other recordings; (e) require the occupier, or anyone at the premises, to give information, answer questions, or produce documents or anything else, reasonably needed to exercise the inspector’s functions under this Act. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (e). Maximum penalty: 10 penalty units.

Enforcement Part 3 Section 17 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Power to require name and address (1) An inspector may require a person to state the person’s name and home address if the inspector suspects on reasonable grounds that the person is committing or has just committed an offence against this Act. (2) The inspector must tell the person the reason for the requirement and, as soon as practicable, record the reason. (3) The person may ask the inspector to produce the inspector’s identity card for inspection by the person. (4) A person must comply with a requirement made by the inspector under subsection (1) if the inspector— (a) tells the person the reason for the requirement; and (b) complies with any request made by the person under subsection (3). Maximum penalty: 10 penalty units. 18 Power to seize things (1) An inspector who enters premises under this part with the occupier’s consent may seize anything in the premises if— (a) the inspector is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An inspector who enters premises under this part (whether with the occupier’s consent or otherwise) may seize anything at the premises if satisfied on reasonable grounds that— (a) the thing is connected with an offence against this Act; and

Part 3 Enforcement Section 19 page 34 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (3) Having seized a thing, an inspector may remove the thing from the premises where it was seized to another place. (4) A person commits an offence if— (a) the person interferes with a seized thing; and (b) the person does not have an inspector’s approval to interfere with the thing. Maximum penalty: 10 penalty units. (5) An offence against this section is a strict liability offence. 19 Receipt for things seized (1) As soon as practicable after an inspector seizes a thing under this part, the inspector must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the inspector must leave the receipt, secured conspicuously, at the premises where the thing was seized. (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the inspector’s name, and how to contact the inspector; (d) if the thing is moved from the premises where it is seized— where the thing is to be taken.

Miscellaneous Part 4 Section 20 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 20 Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

Part 4 Miscellaneous Section 22 page 36 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 Regulation-making power (1) The Executive may make regulations for this Act. (2) The regulations may exempt an area of premises from the operation of part 2 (Smoking prohibited in enclosed public places) if— (a) the premises are occupied by a university or another entity prescribed by the regulations; and (b) the area is for scientific research into the effects of smoking.

Dictionary R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • commissioner for fair trading • contravene • director-general (see s 163) • Minister (see s 162) • must • police officer. commissioner means the commissioner for fair trading. declared smoke-free public place or event—see section 9O (1). designated outdoor smoking area—see section 9F (2). designated smoking area—see section 9Q (2). enclosed public place means a public place, or part of a public place, that is enclosed as prescribed by regulation. Examples—public places The following may be public places (see definition of public place): 1 business premises, including professional, trade and commercial premises 2 a cinema or theatre 3 a club, hotel or motel 4 a community centre, hall or public library 5 government premises 6 a hostel or nursing home 7 a place of worship 8 a public transportation vehicle (including, a bus, taxi or boat) 9 a restaurant or cafeteria 10 a school, college or university 11 a shopping centre, mall or plaza 12 sporting or recreational premises

Dictionary page 38 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au gaming area—see the Gaming Machine Act 2004, dictionary. manager, in relation to a declared smoke-free public place or event, means the person responsible (whether wholly or in part) for the management of the public place or event. occupier, of premises or a part of premises (including an enclosed public place), means a person having the management or control, or otherwise being in charge, of the premises or part of the premises. outdoor area, of premises, means any part of the premises that is not an enclosed public place. outdoor eating or drinking place—see section 9A. public place means a place to which the public or a section of the public has access, whether— (a) by payment, membership of a body or otherwise; or (b) by entitlement or permission. Examples The places, or parts of the places, mentioned in the examples for the definition of enclosed public place may be public places. smoke—see section 5B. smoking management plan—see section 9J. underage function—see section 9K.

Endnotes About the endnotes 1 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 40 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history The Smoke-Free Public Places Act 2003 was originally the Smoking (Prohibition in Enclosed Public Places) Act 2003. It was renamed by the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 A2009-51 (see s 5). Smoke-Free Public Places Act 2003 A2003-51 notified LR 25 November 2003 s 1, s 2 commenced 25 November 2003 (LA s 75 (1)) pt 4 commenced 26 November 2003 (s 2 (2)) remainder commenced 1 December 2006 (s 2 (1)) as amended by Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 14 notified LR 23 February 2005 s 1, s 2 commenced 23 February 2005 (LA s 75 (1)) pt 14 commenced 24 February 2005 (s 2 (2)) Smoking (Prohibition in Enclosed Public Places) Amendment Act 2005 A2005-6 notified LR 22 February 2005 s 1, s 2 commenced 22 February 2005 (LA s 75 (1)) remainder commenced 1 December 2006 (s 2) Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 A2009-51 notified LR 18 December 2009 s 1, s 2 commenced 18 December 2009 (LA s 75 (1)) remainder commenced 9 December 2010 (s 2 (1) (b) and CN2010-4) Liquor (Consequential Amendments) Act 2010 A2010-43 sch 2 pt 2.2 notified LR 8 November 2010 s 1, s 2 commenced 8 November 2010 (LA s 75 (1)) sch 2 pt 2.2 commenced 9 December 2010 (s 2 (3) and see Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 A2009-51, s 2 and CN2010-4)

Endnotes Legislation history 3 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.10 notified LR 17 May 2011 s 1, s 2 commenced 17 May 2011 (LA s 75 (a)) sch 1 pt 1.10 commenced 17 November 2011 (s 2 and LA s 79) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.141 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.141 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.46 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 3 pt 3.46 commenced 5 June 2012 (s 2 (1)) Smoke-Free Public Places Amendment Act 2016 A2016-17 notified LR 17 March 2016 s 1, s 2 commenced 17 March 2016 (LA s 75 (1)) remainder commenced 18 March 2016 (s 2) Smoke-Free Legislation Amendment Act 2016 A2016-20 pt 2 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) pt 2 commenced 1 August 2016 (s 2 and CN2016-13) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.54 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.54 commenced 23 June 2021 (s 2 (1)) Tobacco and Other Smoking Products (Vaping Goods) Amendment Act 2025 A2025-8 sch 1 pt 1.2 notified LR 17 April 2025 s 1, s 2 commenced 17 April 2025 (LA s 75 (1)) sch 1 pt 1.2 commenced 18 April 2025 (s 2)

Endnotes 3 Legislation history page 42 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.86, sch 4 pt 4.166 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.86, sch 4 pt 4.166 commenced 26 November 2025 (s 2 (3), (9))

Endnotes Amendment history 4 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title long title sub A2009-51 s 4 Name of Act s 1 sub A2009-51 s 5 Commencement s 2 om LA s 89 (4) Dictionary s 3 am A2016-20 s 4; A2025-8 amdt 1.4 Important concepts pt 1A hdg ins A2005-6 s 4 Object s 5A ins A2005-6 s 4 sub A2009-51 s 6 Meaning of smoke s 5B ins A2005-6 s 4 am A2009-51 s 7, s 8; A2016-20 ss 5-9 sub A2025-8 amdt 1.5 Offence to smoke in enclosed public place s 6 sub A2009-51 s 9 Offence to smoke in enclosed public place in contravention of direction s 7 sub A2009-51 s 9 am A2016-17 s 9 Offence by occupier—person smoking in enclosed public place s 8 hdg sub A2005-6 s 5 s 8 am A2005-6 s 6 sub A2009-51 s 9 am A2016-17 s 9 Offence by occupier—permitting smoke into enclosed public place from another part of premises s 8A ins A2005-6 s 7 Offence by occupier—not displaying required signs s 8AA ins A2009-51 s 10 Offence by neighbouring occupier s 9 sub A2005-6 s 7 Smoking prohibited in outdoor eating or drinking places pt 2A hdg ins A2009-51 s 11

Endnotes 4 Amendment history page 44 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au General div 2A.1 hdg ins A2009-51 s 11 Meaning of outdoor eating or drinking place s 9A ins A2009-51 s 11 am A2016-20 ss 10-12 Smoking prohibited—outdoor eating or drinking places div 2A.2 hdg ins A2009-51 s 11 Offence to smoke in outdoor eating or drinking place s 9B ins A2009-51 s 11 Offence to smoke in outdoor eating or drinking place in contravention of direction s 9C ins A2009-51 s 11 am A2016-17 s 9 Offence by occupier—person smoking in outdoor eating or drinking place s 9D ins A2009-51 s 11 am A2016-17 s 9 Offence by occupier—not displaying required signs etc s 9E ins A2009-51 s 11 Designated outdoor smoking areas div 2A.3 hdg ins A2009-51 s 11 Designating outdoor smoking area s 9F ins A2009-51 s 11 am A2010-43 amdt 2.11 Licensee to notify commissioner of designated outdoor smoking area s 9G ins A2009-51 s 11 am A2021-12 amdt 3.165 Obligations of licensee—things not allowed in designated outdoor smoking area s 9H ins A2009-51 s 11 am A2016-17 s 9 Offence by occupier—permitting smoke from designated outdoor smoking area to enter another part of outdoor eating or drinking place s 9I ins A2009-51 s 11 Smoking management plan s 9J ins A2009-51 s 11 Smoking prohibited at underage functions pt 2B hdg ins A2009-51 s 11 Meaning of underage function—pt 2B s 9K ins A2009-51 s 11

Endnotes Amendment history 4 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Smoking prohibited at underage function s 9L ins A2009-51 s 11 Obligations on organiser of underage function s 9M ins A2009-51 s 11 Offence to smoke at underage function in contravention of direction s 9N ins A2009-51 s 11 am A2016-17 s 4 Smoking prohibited at declared smoke-free public places or events pt 2C hdg ins A2016-17 s 5 Declaration of smoke-free public place or event s 9O ins A2016-17 s 5 am A2025-29 amdt 4.167 Signage s 9P ins A2016-17 s 5 am A2025-29 amdt 4.167 Requirements for designated smoking areas s 9Q ins A2016-17 s 5 Obligations of occupier or manager—things not allowed in designated smoking area s 9R ins A2016-17 s 5 Offence by occupier or manager—permitting smoke from designated smoking area to enter another part of public place or event s 9S ins A2016-17 s 5 Offence to smoke at declared smoke-free public place or event s 9T ins A2016-17 s 5 Offence to smoke at declared smoke-free public place or event in contravention of direction s 9U ins A2016-17 s 5 Offence by occupier or manager—not displaying required signs s 9V ins A2016-17 s 5 Inspectors s 10 am A2011-22 amdt 1.403; A2011-16 amdt 1.39; pars renum R4 LA; A2016-17 s 6; A2016-20 s 13 Identity cards for inspectors s 11 am A2011-22 amdt 1.403 Power to give directions s 12 sub A2009-51 s 12

Endnotes 4 Amendment history page 46 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Power to enter premises s 13 om A2009-51 s 13 ins A2009-51 s 12 Production of identity card s 14 orig s 14 renum as s 22 pres s 14 ins A2009-51 s 12 am A2025-29 amdt 3.313 Consent to entry s 15 om LA s 89 (3) ins A2009-51 s 12 am A2025-29 amdt 3.313 General powers on entry to premises s 16 om LA s 89 (3) ins A2009-51 s 12 Power to require name and address s 17 om LA s 89 (3) ins A2009-51 s 12 Power to seize things s 18 om LA s 89 (3) ins A2009-51 s 12 Receipt for things seized s 19 om LA s 89 (3) ins A2009-51 s 12 Miscellaneous pt 4 hdg om LA s 89 (3) ins A2009-51 s 13 Acts and omissions of representatives s 20 om LA s 89 (3) ins A2009-51 s 13 Approved forms s 21 om LA s 89 (3) ins A2009-51 s 13 om A2021-12 amdt 3.166 Regulation-making power s 22 orig s 22 om LA s 89 (3) pres s 22 (prev s 14) renum as s 22 A2009-51 s 14 am A2025-29 amdt 4.167

Endnotes Amendment history 4 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Repeals and consequential amendments pt 5 hdg om LA s 89 (3) Repeals div 5.1 hdg om LA s 89 (3) Gaming Machine Act 1987 div 5.2 hdg om LA s 89 (3) New section 24A (1) (ba) and (bb) s 23 om LA s 89 (3) Section 24A (1) s 24 om LA s 89 (3) New section 24A (2) s 25 om LA s 89 (3) Liquor Act 1975 div 5.3 hdg om LA s 89 (3) Grounds for issue of directions Section 82 s 26 om LA s 89 (3) New section 82 (1) (ca) and (cb) s 27 om LA s 89 (3) Section 82 (1) s 28 om LA s 89 (3) New section 82 (2) s 29 om LA s 89 (3) Types of directions Section 85 (2) (c) s 30 om LA s 89 (3) New section 93A s 31 om A2005-5 s 47 New section 110A s 32 om LA s 89 (3) Ground for cancellation New section 116 (2) (ab) s 33 om LA s 89 (3) Section 116 (2) s 34 om LA s 89 (3) New section 116A s 35 om A2005-5 s 47

Endnotes 4 Amendment history page 48 Smoke-Free Public Places Act 2003 Effective: 26/11/25 R10 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict am A2009-51 s 15; A2011-22 amdt 1.404; A2012-21 amdt 3.181; A2016-17 s 7 def commissioner ins A2009-51 s 16 def declared smoke-free public place or event ins A2016-17 s 8 def designated outdoor smoking area ins A2009-51 s 16 def designated smoking area ins A2016-17 s 8 def enclosed public place sub A2005-6 s 8 def gaming area ins A2009-51 s 16 def herbal product ins A2009-51 s 16 om A2016-20 s 14 def manager ins A2016-17 s 8 def occupier sub A2005-6 s 8 def outdoor area ins A2009-51 s 16 def outdoor eating or drinking place ins A2009-51 s 16 def personal vaporiser ins A2016-20 s 15 om A2025-8 amdt 1.6 def public place sub A2005-6 s 8 def smoke sub A2005-6 s 8 def smoking management plan ins A2009-51 s 16 def smoking product sub A2016-20 s 16 om A2025-8 amdt 1.6 def tobacco product ins A2009-51 s 16 om A2016-20 s 17 def underage function ins A2009-51 s 16

Endnotes Earlier republications 5 R10 26/11/25 Smoke-Free Public Places Act 2003 Effective: 26/11/25 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 Dec 2006 1 Dec 2006– 8 Dec 2010 A2005-6 new Act and amendments by A2005-5 and A2005-6 R2 9 Dec 2010 9 Dec 2010– 30 June 2011 A2010-43 renaming and other amendments by A2009-51 and A2010-43 R3 1 July 2011 1 July 2011– 16 Nov 2011 A2011-22 amendments by A2011-22 R4 17 Nov 2011 17 Nov 2011– 4 June 2012 A2011-22 amendments by A2011-16 R5 5 June 2012 5 June 2012– 17 Mar 2016 A2012-21 amendments by A2012-21 R6 18 Mar 2016 18 Mar 2016– 31 July 2016 A2016-17 amendments by A2016-17 R7 1 Aug 2016 1 Aug 2016– 22 June 2021 A2016-20 amendments by A2016-20 R8 23 June 2021 23 June 2021– 17 Apr 2025 A2021-12 amendments by A2021-12 R9 18 Apr 2025 18 Apr 2025– 25 Nov 2025 A2025-8 amendments by A2025-8 © Australian Capital Territory 2025

The Act organises its regulatory intervention around a handful of durable legal concepts that determine scope, duties and enforcement.

Smoke and smoking, defined: The Act defines “smoke” broadly to include smoke from ignited tobacco or herbal products, and vapour from activated personal vapourisers or vaping goods (s 5B(1)). A person “smokes” if they puff, draw or inhale smoke or vapour, or hold or have control over a smoking product while it is ignited or activated (s 5B(2)). There is a limited exception where a person holds a smoking product solely to extinguish, deactivate or remove it from a protected place (s 5B(3)). The Act links to definitions in the Tobacco and Other Smoking Products Act 1927 for terms such as “herbal product”, “personal vaporiser” and “vaping good” (s 5B(4)).

Types of places and functions: The statute divides regulated spaces into

enclosed public places, the precise meaning of which is “as prescribed by regulation” (dictionary),
outdoor eating or drinking places, defined in s 9A by being public places (other than enclosed public places) where on-site food or drink is provided and either licensed premises or where tables/chairs are provided; the definition is time-limited to periods when food/drink is being provided, being consumed, or clearing/cleaning related to provision is happening (s 9A(1)-(3)),
underage functions, defined by purpose, audience and setting (s 9K), and
declared smoke-free public places or events, which the Chief Minister and Minister may designate by disallowable instrument with prescribed consultation and considerations (s 9O).

Designated smoking areas: The Act allows particular, circumscribed exceptions where a defined designated area is created. For licensed premises used principally for on-premises liquor consumption and clubs, a licensee may designate part of licensed outdoor area as a designated outdoor smoking area by displaying a prescribed notice with a diagram and statements, and subject to strict area limits (s 9F(1)-(4)). Non-licensed declared smoke-free places may similarly have designated smoking areas if the declaration authorises them, and occupiers or managers may designate them in accordance with s 9Q. Designated areas must have buffers to protect other parts of premises, must not be adjacent to entrances unless specified, and must be sited to minimise smoke penetration (ss 9F(5)-(7); 9Q(4)). Designated areas are subject to prohibitions on food and drink service, consumption of food, entertainment, gaming machines and presence of under-18s (ss 9H(1), 9R(1)).

Occupier, licensee and manager duties: The statute places affirmative obligations on persons in control. Occupiers of enclosed public places commit offences if people smoke on their premises unless the occupier meets defences such as reasonable lack of awareness or having directed the person to stop (s 8). Occupiers and licensees of outdoor eating/drinking places have duties to display signs and to ensure tables/chairs are clearly identified if unlicensed (s 9E). Licensees who create designated outdoor smoking areas must notify the commissioner (s 9G), prepare a smoking management plan that includes a diagram, staff training description and processes to prevent food or drink service in the area (s 9J), and take reasonable steps to prevent smoke entering non-smoking parts (s 9I). For declared events, occupiers or managers who allow a designated smoking area must comply with similar constraints (ss 9Q-9S).

Inspectorial powers and procedural protections: Inspectors appointed under s 10 have powers to direct people to stop smoking (s 12), to enter public premises at reasonable times or with consent (s 13), to inspect and sample (s 16), to require name and address where they suspect offending (s 17), to seize things connected with offences when necessary (s 18) and to provide receipts for seized items (s 19). Inspectors appointed by the director-general must carry identity cards and produce them when asked; failure to do so can negate prosecution for direction-based offences where the inspector is not a uniformed police officer and does not produce an identity card on request (eg ss 7(3), 9C(3), 9N(2), 9U(3), s 11).

Strict liability and evidential-burden mechanics: The Act repeatedly labels many offences as strict liability offences. Where the Act provides a defence or exception it often does so by placing an evidential burden on the defendant to raise or adduce evidence of a relevant circumstance (see notes accompanying ss 7(3), 8(3), 9C(3), 9D(3), 9N(2), 9T(3), 9U(3); see also Criminal Code ch 2 application, s 5).

Regulation and declaration tools: The Act delegates detail to regulation-making powers including for display of no-smoking signs in enclosed public places (s 8AA(1)) and an express permitting power to exempt research areas in universities by regulation (s 22(2)). The Chief Minister and Minister hold a disallowable instrument power to declare smoke-free places or events, and to impose sign or designated-area requirements (s 9O), with the Minister authorised to set sign requirements by notifiable instrument (s 9P).

Interconnected definitions and external statutes: The Act cross-references the Tobacco and Other Smoking Products Act 1927, the Liquor Act 2010 and the Gaming Machine Act 2004 for particular definitions and to set interaction points with other regulatory regimes (see s 5B(4); s 9A(1)(c); dictionary entries).

These main concepts generate a matrix of duties, defences, enforcement tools and delegated discretion intended to minimise exposure to environmental smoke in the enumerated settings while permitting tightly constrained exceptions for licensed outdoor areas and declared events.

The Act creates legal effects for several clearly identified classes of persons and entities, and for others by reference.

Members of the public: Individuals who are physically present in regulated places are affected by direct prohibitions. A person who smokes in an enclosed public place, in an outdoor eating or drinking place that is not a designated outdoor smoking area, at an underage function, or at a declared smoke-free public place or event commits an offence (ss 6, 9B, 9L, 9T). Direction-based offences apply where an inspector, occupier, organiser or manager directs a person to stop smoking and the person contravenes that direction; these attract higher maximum penalties (eg ss 7, 9C, 9N, 9U). The Act treats both traditional combusted tobacco and vaping goods as “smoke” (s 5B), therefore users of personal vaporisers and vaping goods are subject to the same prohibitions.

Occupiers and managers of premises: Persons who have management, control, or are otherwise in charge of premises (the statutory “occupier”, dictionary) face distinct duties. Occupiers of enclosed public places commit an offence if someone smokes in their premises, unless they were not aware and could not reasonably be expected to have been aware, or they directed the person to stop and the person contravened (s 8). Occupiers of outdoor eating or drinking places face similar obligations (s 9D). Where smoke can enter an enclosed public place from another part of premises, an occupier must take reasonable steps to prevent entry or commit an offence (s 8A). Where designated outdoor smoking areas are created, occupiers or managers must ensure no smoke from the designated area enters other parts of the outdoor eating or drinking place (s 9I) or the declared public place or event (s 9S).

Licensees of licensed premises: Licensees under the Liquor Act 2010 who operate licensed outdoor areas may designate parts of their outdoor area as designated outdoor smoking areas within strict limits and procedural requirements (s 9F). Licensees who designate such areas must notify the commissioner within 14 days (s 9G), prepare and maintain a smoking management plan (s 9J), and ensure no under-18s, food or drink service, consumption of food, entertainment or gaming machines are present in the designated area (s 9H). The Act attaches higher maximum penalties (up to 50 penalty units) to failures in relation to designated-area rules and notification or management plan obligations.

Event organisers and managers: Organisers of underage functions have specified obligations including prominent “no smoking” signage, ticket terms that smoking is prohibited, and a public announcement at the start of the function; organisers must give directions to stop smoking and direct persistent smokers to leave (s 9M). Managers or occupiers of declared smoke-free public places or events are similarly responsible for ensuring signage, and for compliance with any conditions attached to declarations, and for preventing smoke from designated smoking areas entering non-smoking parts (ss 9O, 9P, 9Q, 9R, 9S).

Inspectors and authorised officers: Inspectors include authorised officers under the Tobacco and Other Smoking Products Act 1927, investigators under the Fair Trading (Australian Consumer Law) Act 1992, and public servants appointed by the director-general (s 10). These persons are empowered to give directions, enter public premises at reasonable times, request name and address, seize items, and otherwise enforce the Act (ss 12-19), and they must carry and produce identity cards when required (s 11).

Regulators and Ministers: The Chief Minister and the Minister jointly decide on declarations of smoke-free public places or events, subject to consultation and statutory considerations (s 9O). The Minister may determine signage requirements by notifiable instrument (s 9P), and the Executive may make regulations for the Act including exempting research areas in universities from Pt 2 (s 22(2)).

Businesses providing food or drink services: Cafes, restaurants, takeaways, shopping-centre food courts and similar businesses that provide on-site food or drink contribute to the classification of a place as an outdoor eating or drinking place under s 9A. These businesses may need to identify non-smoking areas via displayed plans or markings where they are not licensed premises (s 9E(2)), and they may need to implement staff training and management plans where designated areas exist (s 9J(2)(c)).

Third-party service providers and representatives: The Act treats acts and omissions of representatives as attributable to the principal for prosecutions, unless the principal can show reasonable precautions and diligence (s 20). That amplifies compliance obligations for persons that employ or contract staff, agents or managers whose conduct might expose the principal to liability.

The Act therefore allocates legal exposure across individuals who smoke, proprietors and controllers of premises, licensees and managers of licensed premises, event organisers, and a range of enforcement and regulatory actors. The statutory layout concentrates the more severe obligations and higher penalties on persons in control of premises and licensed venues, and it places a suite of operational duties on them when they create any designated smoking areas. These obligations translate into ongoing compliance responsibilities, potential monetary penalties, and operational restrictions on venue layout, services and marketing.

This section collects the principal statutory duties that the Act imposes and the rights or procedural protections the Act affords.

Key duties

Individuals not to smoke in prohibited spaces. Individuals must not smoke in enclosed public places (s 6), outdoor eating or drinking places that are not designated areas (s 9B), underage functions (s 9L), and declared smoke-free public places or events unless in a designated smoking area (s 9T). Contravention attracts personal penalties and, in the case of failure to obey a direction, higher maximum penalties (eg ss 7, 9C, 9N, 9U).
Occupier obligations. Occupiers must take reasonable steps to prevent smoking in enclosed public places (s 8) and prevent smoke entering such places from other parts of the premises (s 8A). Occupiers of outdoor eating or drinking places must prevent smoking in non-designated areas (s 9D). Occupiers are also subject to provisions about signage (s 8AA; s 9E).
Licensee obligations when designating. Licensees who create designated outdoor smoking areas must comply with location, area and buffer requirements (s 9F), ensure no under-18s, no food or drink service, no food consumption, no entertainment and no gaming machines in the designated area (s 9H), prepare and keep up-to-date a smoking management plan with specified contents and make it available for inspection (s 9J), and notify the commissioner within 14 days of designating the area (s 9G).
Organiser obligations. The organiser of an underage function must ensure “no smoking” signs are prominently displayed, include a statement on tickets that smoking is prohibited, make a public announcement that smoking is prohibited, and direct persons to stop smoking and to leave if they persist (s 9M).
Obligations in declared places. Where a public place or event is declared smoke-free, occupiers or managers must comply with sign display requirements and the requirements governing any designated smoking areas created under the declaration (ss 9O, 9P, 9Q, 9R, 9V).
Cooperation with inspectors. Persons must comply with requirements to give information, answer questions or produce documents reasonably needed by an inspector exercising functions under the Act, subject to privileges such as self-incrimination rules (s 16(1)(e); s 16(2) sets a 10 penalty unit maximum for failure to take reasonable steps to comply).

Key rights and procedural protections

Identity card and production requirement. Inspectors appointed under s 10(2) must be issued identity cards by the director-general and must produce them when asked; failure of an inspector who is not a uniformed police officer to produce the identity card when asked creates a statutory defence for persons who were directed to stop smoking (see ss 11, and the defences in ss 7(3), 9C(3), 9N(2), 9U(3)).
Consent and acknowledgement for entry. Inspectors may enter public premises at reasonable times without consent, and at any time with the occupier’s consent (s 13). When seeking consent, inspectors must produce their identity card and tell the occupier the purpose of the entry and that anything found may be used in evidence, and that consent may be refused (s 15(1)). If the occupier consents, the inspector must ask the occupier to sign a written acknowledgement of consent and must give a copy if signed (s 15(2)-(3)). If an acknowledgement is not produced, a court must find the occupier did not consent, if the question arises (s 15(4)).
Seizure and receipts. Inspectors may seize things connected with an offence if seizure is necessary to prevent concealment, loss, destruction or continued offending (s 18). Inspectors must give a receipt as soon as practicable and include specified details (s 19).
Defences grounded in lack of knowledge or reasonable steps. For many occupier or licensee offences, the occupier has a defence if they were not aware and could not reasonably be expected to have been aware that the person was smoking, or if they directed the person to stop and the person contravened (for example, s 8(3), s 9D(3)). For representative acts, a principal is not automatically liable where they establish reasonable precautions and appropriate diligence (s 20(5)).
Delegation to regulations and declarations. The Act provides avenues to obtain clarity and variations through regulations (eg enclosed public place definition; s 22(2) exemption for research) and through declarations by the Chief Minister and Minister (s 9O) that can set sign or designated-area requirements. The Minister’s sign requirements are notifiable instruments (s 9P).
Strict liability with evidential-burden exceptions. Many offences are strict liability: the prosecution does not have to prove fault beyond the physical acts. However, the Act creates specific evidential-burden defences that a defendant must raise to shift the evidential burden to the prosecution on certain matters (see notes to ss 7(3), 8(3), 9C(3), 9D(3), 9N(2), 9T(3), 9U(3) referencing the Criminal Code, s 58).

Practical import: The statutory rights are mainly procedural protections against inspectorial overreach (identity cards, consent acknowledgements) and narrow evidential escape hatches for occupiers who can demonstrate reasonable lack of awareness. The principal operational duties fall on occupiers, licensees and organisers to prevent smoking, to implement signage and management plans, and to comply with declared requirements.

The Act combines administrative enforcement by inspectors with criminal penalties expressed as penalty units for a range of offences. The enforcement design emphasises quick on-the-spot directions, inspection and seizure powers, and strict liability offences to streamline prosecution, while preserving limited procedural safeguards.

Penalties

Individual smoking offences. Smoking in an enclosed public place, an outdoor eating or drinking place that is not a designated area, or in a declared smoke-free public place or event is a personal offence with a maximum penalty of 5 penalty units (eg ss 6, 9B, 9T). At the republication date penalty unit values are recorded as $160 for an individual and $810 for a corporation; those figures determine practical dollar exposure (prefatory note).
Disobeying a direction. A person who smokes despite being directed to stop by an inspector or occupier faces a maximum penalty of 20 penalty units for contravention of direction offences in enclosed public places and many other settings (eg ss 7(1), 9C(1), 9U(1)). For underage functions the maximum for direction-contravention is 10 penalty units (s 9N(1)).
Occupier/licensee/manager offences. Occupiers who allow smoking in enclosed public places or outdoor eating/drinking places without taking reasonable steps face maximum penalties typically 10 penalty units (s 8(1), s 9D(1)). Offences relating to the creation and management of designated smoking areas attract higher maximum penalties up to 50 penalty units: for example, contravening the provisions limiting how designated areas may be created is a 50 penalty unit offence (s 9F(8)), failure to notify the commissioner of a designated outdoor smoking area is 50 penalty units (s 9G(1)), failure to ensure no food or drink service and other prohibitions in designated areas is 50 penalty units (s 9H(1)), failure to prevent smoke from designated areas entering non-designated parts is 50 penalty units (ss 9I(2), 9S(2)). Offence by occupier not displaying required signs in enclosed public places can be 5 penalty units (s 8AA(2)); for outdoor places s 9E(1) sets maximum 20 penalty units.
Other enforcement-related penalties. Inspectors who cease to be inspectors must return their identity card within 7 days or face 1 penalty unit (s 11(2)). Failure to comply with reasonable requirements given by an inspector under s 16(1)(e) carries a maximum penalty of 10 penalty units (s 16(2)). Interfering with seized things without inspector approval is 10 penalty units (s 18(4)).

Enforcement powers and process

Inspectors. The Act defines inspectors to include authorised officers under the Tobacco and Other Smoking Products Act 1927, investigators under the Fair Trading (Australian Consumer Law) Act 1992, and public servants appointed by the director-general (s 10). The director-general must issue identity cards to inspectors appointed under s 10(2) containing photograph, name, dates and anything else prescribed (s 11(1)).
Directions to stop smoking. Inspectors and occupiers may direct persons to stop smoking if they believe on reasonable grounds that the person is smoking in contravention of the Act (s 12). Persons who disobey such directions may be charged under the higher penalty provisions noted above (eg ss 7, 9C, 9N, 9U).
Entry and inspection. Inspectors may enter premises the public is entitled to use at reasonable times, and may enter premises at any time with the occupier’s consent (s 13). Inspectors may enter land around premises to seek consent. Inspectors must produce identity cards when seeking consent and must inform the occupier of purpose and of the right to refuse consent; if consent is given an acknowledgement should be signed and a copy provided (s 15). If no acknowledgement of consent exists a court must find the occupier did not consent, where the question arises (s 15(4)). Inspectors may carry out inspections, take measurements, samples and recordings, and require production of documents or answers reasonably needed to exercise functions (s 16). Failure to take reasonable steps to comply with a requirement is a 10 penalty unit offence.
Powers to require name and address. Where the inspector suspects on reasonable grounds a person is committing or has just committed an offence under the Act, they may require the person to state their name and home address (s 17). The inspector must tell the person the reason and record it as soon as practicable (s 17(2)); the person may ask to see the inspector’s identity card (s 17(3)).
Seizure. Inspectors may seize things connected with an offence where necessary to prevent concealment, loss, destruction or continued offending; seizure must be consistent with the purpose of entry where consented (s 18). A receipt must be provided promptly with specified contents (s 19). Interference with seized things without approval is an offence (s 18(4)).

Strict liability and evidential implications

Many offences are strict liability offences, meaning the prosecution need not prove fault element beyond the physical act; see statutory recitals in multiple provisions (eg ss 6(2), 7(2), 8(2), and many others). Where the Act contemplates a defendant’s exculpatory circumstance it frequently places an evidential burden on the defendant to raise that circumstance, referencing Criminal Code s 58 for evidential burden rules (notes to ss 7(3), 8(3), 9C(3), 9D(3), 9N(2), 9T(3), 9U(3)). Practitioners should note that strict liability combined with evidential-burden exceptions gives the prosecution a simplified path to conviction unless the defendant raises and adduces evidence of the specified exceptions.

Practical enforcement notes

Monetary exposure can be substantial for corporate entities when penalties are expressed in penalty units and corporate penalty unit values are much larger than individual units (prefatory note states corporation penalty unit $810 at republication date).
Inspectors derive powers from a combination of the Act and appointments; different types of inspectors (authorised officers, Fair Trading investigators, appointed public servants) may be exercising overlapping functions. Inspectors must carry identity cards; failure to produce an identity card can affect prosecutions in direction-based offences (see ss 7(3), 9C(3), 9N(2), 9U(3)).
The Act depends on regulations and ministerial instruments for definitional clarity and sign requirements; enforcement practice will accordingly be shaped in part by subordinate instruments (s 8AA, s 9P, s 22).

The Act is explicitly drafted to sit within a broader regulatory architecture, and it cross-references multiple other statutes and instruments that define terms, allocate enforcement responsibilities and create ancillary controls.

Criminal Code and general criminal law: The Act provides that other legislation applies in relation to offences against the Act and expressly points to the Criminal Code, ch 2, as applying to all offences under the Act (s 5 and explanatory note). The Criminal Code supplies general principles of criminal responsibility, including burdens of proof, general defences and definitions for conduct, intention, recklessness and strict liability. The Act also relies on the Criminal Code for the evidential burden rules referenced in the notes to specific sections (for example s 7(3) and notes referencing Criminal Code s 58). Practically, prosecutions under the Act will be conducted within the Criminal Code framework.

Tobacco and Other Smoking Products Act 1927: The Act imports key definitional material from the Tobacco and Other Smoking Products Act 1927. Section 5B(4) expressly directs the reader to that Act for definitions of “herbal product”, “personal vaporiser” and “vaping good”, and the dictionary cross-references it for “herbal product” and other terms. Inspectors under the Tobacco and Other Smoking Products Act are specifically included as inspectors under s 10(1)(a). This cross-reference aligns the Smoke-Free Act with the broader tobacco-control regulatory regime.

Liquor Act 2010: The Act uses the Liquor Act 2010 dictionary for the term “licensed premises”, and it ties designated outdoor smoking area permissions to the licensing framework (eg s 9A(1)(c); s 9F(1) applies to premises with club licences or full licences that authorise sale for on-premises consumption). The interaction with the Liquor Act shapes which venues may lawfully create designated outdoor smoking areas, and the Act’s amendment history shows consequential amendments linked to liquor legislation (see endnotes).

Gaming Machine Act 2004: The location of gaming areas and placement of gaming machines is referenced by the Smoke-Free Act, with the dictionary directing readers to the Gaming Machine Act 2004 for the definition of “gaming area” and the Act including specific prohibitions on gaming machines in designated outdoor smoking areas (s 9H(1)(e); note in s 9H refers to the Gaming Machine Act for where gaming machines may be located). The interplay restricts licensees who run gaming venues from juxtaposing gaming and designated smoking areas beyond the permitted off-gaming areas in s 9F(4)(a).

Fair Trading (Australian Consumer Law) Act 1992: Investigators under that Fair Trading Act are included among inspectors (s 10(1)(b)). That inclusion signals a practical enforcement interface where Fair Trading investigators may investigate and enforce smoke-free rules, particularly in consumer-facing premises.

Legislation Act 2001: The Smoke-Free Act relies on the Legislation Act for numerous drafting, commencement and penalty-unit definitions; the republication notes draw penalty unit values from the Legislation Act (prefatory notes), and the Act uses the Legislation Act framework for instrument-making powers (eg the declaration in s 9O is a disallowable instrument; s 9P determinations are notifiable instruments). The Legislation Act also governs appointment and instrument-making formalities referenced in ss 10 and 11.

Regulations and instruments: The Act delegates definitional detail and exemptions to regulations (s 22(1)-(2)), for example the definition of an “enclosed public place” is “as prescribed by regulation” (dictionary). The Minister may determine signage requirements by notifiable instrument (s 9P), and declarations of declared smoke-free places are disallowable (s 9O(6)). The Act’s enforcement and compliance contours will therefore depend heavily on the content of regulations and instruments made under it.

Overlap of offences and alternatives: The Act contemplates multiple overlapping offences and enforcement routes. An individual who smokes in an enclosed public place may be liable under s 6, and the occupier may also be liable under s 8 unless they meet defences. There are also direction-based offences where an inspector or occupier gives a direction and the person disobeys. Practitioners should note the interplay between individual offences and occupier obligations which can produce parallel liabilities and require coordinated compliance strategies.

Statutory amendment and consequential amendments: The Act’s endnotes record multiple legislative amendments and consequential changes to related Acts (endnotes 3 and 4). Those amendments reshape cross-references, add vaping goods, create the declared smoke-free public places part in 2016, and implement other alignment with liquor and gaming laws. The Act therefore should be read together with the amending instruments and related Territory legislation to understand the present legal landscape.

In short, the Smoke-Free Public Places Act 2003 functions as part of a network of public health, licensing, gaming and consumer-protection laws. Its practical operation depends on the definitions and enforcement roles established in those other statutes, and on secondary instruments (regulations, determinations and declarations) that fill in operational detail.

The Act’s legislative history and amendment record are set out in the republished endnotes and show iterative expansion of scope, the addition of vaping goods, and the introduction of declared smoke-free places and designated-area rules.

Origins and early years

The Act was originally enacted as the Smoking (Prohibition in Enclosed Public Places) Act 2003, notified 25 November 2003, with parts commencing at different times (endnote 3). The long title and name were amended later.

Key amendment milestones

2005-2006: Early amendments were made by the Justice and Community Safety Legislation Amendment Act 2005 (A2005-5) and the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2005 (A2005-6). Part 1A with important concepts including the object (s 5A) and the initial definition of smoke were inserted by A2005-6 (endnote 4).
2009-2010: The Act was renamed Smoke-Free Public Places Act 2003 by the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 (A2009-51). The 2009 amendments also inserted definitions for outdoor eating/drinking places and added Pt 2A conceptual structure. Liquor (Consequential Amendments) Act 2010 (A2010-43) made consequential changes to align with liquor licensing frameworks; sch 2 pt 2.2 commenced 9 December 2010 (endnote 3).
2011-2012: Administrative and technical amendments occurred in 2011-2012, including appointment frameworks for inspectors and identity-card formalities under A2011-22 and A2011-16, and housekeeping amendments under the Statute Law Amendment Act 2012 (A2012-21).
2016: Substantial additions were made in 2016. The Smoke-Free Public Places Amendment Act 2016 (A2016-17) and the Smoke-Free Legislation Amendment Act 2016 (A2016-20) inserted Pt 2B and Pt 2C. These 2016 amendments created the declared smoke-free public places or events framework (s 9O et seq), set out requirements for designated smoking areas in declared places, and imposed new duties on occupiers/managers; they also amended the definition of smoking products and related dictionary entries (endnotes 3 and 4).
2021: The Statute Law Amendment Act 2021 (A2021-12) made additional amendments noted in the legislation history (endnote 3).
2025: Two recent amendment packages appear in the endnotes. The Tobacco and Other Smoking Products (Vaping Goods) Amendment Act 2025 (A2025-8) inserted or altered provisions relating to vaping goods and personal vaporisers, with sch 1 pt 1.2 commencing 18 April 2025 (endnote 3). The Statute Law Amendment Act 2025 (A2025-29) made further amendments (sch 3 pt 3.86, sch 4 pt 4.166) notified 6 November 2025 and commencing 26 November 2025, which are included in the republication (endnote 3).

Amendment effects in text

The dictionary has been repeatedly amended to add and remove terms as the statute and external regulatory frameworks evolved; notable changes include additions of “designated outdoor smoking area”, “designated smoking area”, “enclosed public place” redefinition, ins/del of “herbal product”, “personal vaporiser”, and “smoking product” across several amending Acts (endnote 4).
Parts 2A, 2B and 2C were inserted or amended to create a more granular regime for outdoor eating/drinking places, underage functions, and declared smoke-free places and events (A2009-51, A2016-17, A2016-20). The 2016 amendments introduced the declaration power under s 9O and the ministerial signage power s 9P.

Legislative instrument status

Declarations made under s 9O are disallowable instruments (s 9O(6)), and sign determinations under s 9P are notifiable instruments; regulation-making powers exist under s 22(1). The republication notes and amendment history indicate multiple disallowable and notifiable instruments have been expected or used to operationalise the Act.

Practical reading

The endnotes and amendment history are essential to understanding the current statute as they record the sequence by which vaping goods were included, how designated-area rules were added for licensed premises, and how enforcement and inspector arrangements were altered over time. Practitioners should read the Act together with the relevant amending Acts (A2005-6, A2009-51, A2016-17, A2016-20, A2025-8, A2025-29) and any subordinate instruments made under the Act for full operational detail.

The republished text of the Smoke-Free Public Places Act 2003 contains no case law citations and does not itself record judicial interpretations, so the Act’s text does not identify any specific litigation history. The Act does, however, embed the Criminal Code ch 2 into prosecutions under the Act and references evidential-burden mechanics (see s 5 and notes). Therefore, prosecutions and judicial review related to the Act will proceed through the standard criminal and civil litigation channels under the Territory system, with the Criminal Code governing burdens, defences and fault concepts.

What is in the statute that affects litigation risk and practice

Strict liability offences. Numerous offences within the Act are labelled strict liability offences (see, for example, ss 6(2), 7(2), 8(2), 9B(2), 9D(2), 9E(3), 9F(9), 9G(2), 9H(2), 9I(3), 9J(4), 9R(2), 9S(3), 9T(2), 9U(2), 9V(3)). Strict liability narrows the prosecution’s task to proving the physical elements of the offence while permitting the defendant to raise any specified exceptions. Litigation arising under strict liability provisions typically focuses on whether the statutory exception or evidential defence has been properly raised and whether procedural safeguards were respected.
Evidential-burden exceptions. The Act includes several evidential-burden-centered provisions where a defendant must produce evidence of a fact (eg an occupier’s lack of awareness or an inspector’s failure to produce identity card), after which the prosecution must disprove the matter beyond reasonable doubt. These provisions create predictable litigation patterns, with early issues often being whether an evidential burden has been met and whether disclosure obligations were satisfied.
Inspectorial powers and procedural compliance. The Act affords inspectors entry, seizure and information-compulsion powers (ss 13-19) but also sets out procedural steps for consented entry (s 15) and receipt for seized items (s 19). Litigation may arise when defendants challenge the legality of entry or seizure, the adequacy of consent acknowledgements, or the procedural compliance of inspectors, since these can be threshold issues for admissibility of evidence.
Interaction with other Acts. Because the Act cross-references the Tobacco and Other Smoking Products Act, the Liquor Act and the Gaming Machine Act, disputes may involve interpreting which regime applies in particular circumstances, and litigants may bring proportionality, administrative law or statutory interpretation challenges where instruments or declarations cast obligations on occupiers or managers.
No reported cases in text. The Act’s text itself does not list reported decisions. Practitioners seeking litigation precedents should search the Territory courts and tribunals, and the administrative decisions database, for prosecutions or judicial reviews that have applied the Act’s provisions. Given the strict liability construction of many offences, case law is likely to focus on evidential issues, procedural compliance and the proper exercise of declaration and instrument-making powers.

In summary, while the republished Act does not record litigation history, the structure of the statute points to likely litigation themes: proof in strict liability contexts, the operation of evidential-burden exceptions, procedural compliance by inspectors and persons consenting to entry, and inter-legislative interpretation with the tobacco, liquor and gaming laws.

The Act contains several provisions and structural features that can produce practical traps for the unwary. The following are specific points to watch, grounded in the statutory text.

Strict liability repeated widely

Many offences are strict liability: the prosecution only needs to prove the physical elements of the offence; the defendant must raise the specified exception as an evidential matter (see ss 6(2), 7(2), 8(2), 9B(2), 9D(2), 9E(3), multiple others). Practically, occupiers, licensees and managers cannot rely on negligence or lack of intent as a general defence; they must either comply with their proactive duties or adduce evidence of the narrow exceptions the Act provides.

Evidential-burden subtleties

The Act uses the Criminal Code s 58 evidential burden construction for several defences (for example notes to ss 7(3), 8(3), 9C(3), 9D(3), 9N(2), 9T(3), 9U(3)). That means a defendant must raise evidence of the defence; the prosecution then bears the ultimate legal burden to disprove it beyond reasonable doubt. Practitioners should plan evidence collection early, because if an occupier cannot adduce evidence that they “were not aware and could not reasonably be expected to have been aware” of smoking, they will be exposed to conviction.

Identity card technicalities

The statute creates an unusual defence against direction-based offences when an inspector who is not a uniformed police officer, on request, does not produce their identity card (eg ss 7(3), 9C(3), 9N(2), 9U(3)). A person asked to stop smoking can avoid conviction if the inspector fails to produce the card. This creates a procedural gotcha: inspectors must carry and produce cards, and businesses should train staff to request and record card details when directions are issued. Conversely, occupiers must be cautious when relying on this defence because the evidential burden lies on the defendant.

Definition of “enclosed public place” delegated to regulation

The meaning of “enclosed public place” is “as prescribed by regulation” (dictionary). Without checking subordinate instruments a user may misclassify spaces. Compliance and enforcement hinge on the regulation definition, so practitioners must confirm the current regulation text to ascertain whether a particular space is legally “enclosed”.

Temporal limits on outdoor eating or drinking places

The statutory definition of “outdoor eating or drinking place” in s 9A(2) applies only while food or drink is being provided, available, consumed, or cleaning/clearing related to that provision is happening. That temporal limitation means smoking prohibitions under Pt 2A may not apply at other times, but occupiers should not assume continuous exemption; shifting temporal status can create practical enforcement issues and potential confusion for staff and patrons.

Designated area area- and buffer-related constraints

Licensees may designate only specified parts of licensed outdoor areas as designated outdoor smoking areas: off-gaming areas that meet the 1 November 2009 test, and up to 50% of total licensed outdoor area that is not off-gaming (s 9F(4)). Buffers must be provided by screens or areas at least 4 metres wide with half the width taken from the designated area (s 9F(6)(a)-(b)). Failure to comply with these technicality-driven layout rules is a strict liability offence with a high maximum penalty (50 penalty units, s 9F(8)). Physical reconfiguration of premises to comply can be costly and time-consuming.

Prohibition on food or drink service in designated areas

Designated areas must not provide food or drink service and no food may be consumed there (s 9H(1)(b)-(c)). Licensees must have systems to enforce and monitor these rules; failure can attract up to 50 penalty units. The Act allows a defence where the licensee was not aware and could not reasonably be expected to have been aware that food was being consumed (s 9H(3)), but that requires evidence.

Notification and management-plan deadlines

Licensees that designate must notify the commissioner within 14 days (s 9G(1)); failing that is a strict liability offence (50 penalty units). They must also prepare and maintain a smoking management plan that meets prescribed content and make it available on request (s 9J). A failure to prepare suitable plans or to update them can result in large fines and potentially regulatory or reputational consequences.

Interaction with liquor and gaming law limits

The Act ties designation rights to licensing categories under the Liquor Act 2010 and limits off-gaming areas to those that existed on 1 November 2009 (s 9F(4)(a)). Licensees must reconcile smoke-free rules with liquor licensing and gaming location rules; failure to align these regimes can cause compliance gaps.

Signage and instrument dependencies

The Act frequently defers sign content and display requirements to regulations and ministerial determinations (s 8AA(1); s 9P). Non-display can be an offence (ss 8AA(2), 9E(1), 9V(2)) and, in some direction-prosecution contexts, the absence of required signage can be a defence (s 9T(3)). Reliance on subordinate instruments means compliance must be monitored continuously.

Inspectors’ powers of entry

Inspectors may enter premises that the public is entitled to use at reasonable times and may enter with occupier consent at any time (s 13). Consent procedures require identity card production and specific warnings and a written consent form should be signed. If an occupier later disputes consent and no signed acknowledgement exists, s 15(4) requires a court to find there was no consent, which can have evidence and admissibility consequences.

Acts and omissions of representatives

Section 20 attributes representatives’ state of mind and acts to principals unless the principal proves reasonable precautions and appropriate diligence were taken. This can catch organisations with inadequate training or compliance systems.

Overall, the statute’s design contains multiple technical and procedural traps that make proactive compliance, staff training, physical layout adjustments and careful record-keeping essential for occupiers, licensees and event organisers.

Compliance under the Smoke-Free Public Places Act 2003 requires a mix of physical arrangements, documentation, staff training and procedural safeguards that align with the statutory duties. Below is a practical checklist mapped to key provisions.

Identify applicable spaces and classify them

Confirm whether each area is an “enclosed public place” as defined in the current regulations, since the dictionary defers to regulation (dictionary).
Determine whether specific outdoor spaces meet the s 9A definition of an “outdoor eating or drinking place”, noting temporal triggers in s 9A(2) that limit application to times when food or drink are provided, consumed or cleaning is occurring.

Signage and public notice

Display prominent “no smoking” signs where required by regulation or declaration: for enclosed public places s 8AA allows regulations to prescribe requirements and s 8AA(2) makes failure to display an offence; for outdoor places s 9E(1) imposes a 20 penalty unit maximum for failure to ensure “no smoking” signage; for declared places the Minister may set sign requirements under s 9P and s 9V makes non-display an offence.
Ensure signage meets any Ministerial determinations under s 9P where relevant to declared places.

Designated smoking areas: rules and records

If you are a licensee contemplating a designated outdoor smoking area, ensure eligibility conditions are met under s 9F(1) and that the designated parts comply with area limits (s 9F(4)). Off-gaming areas must have existed as part of licensed outdoor area on 1 November 2009 to qualify (s 9F(4)(a)).
Create the required notice near the designated area that states it is a designated outdoor smoking area, disallows under-18s, advises that a smoking management plan is available, and includes a diagram setting the area’s limits (s 9F(2)).
Implement required buffers on perimeters adjacent to other parts of the outdoor area, either by impervious screens/walls to the height prescribed by regulation or an area at least 4 metres wide with half the width taken from what would otherwise form part of the designated area (s 9F(5)-(6)).
Ensure the designated area is not adjacent to an entrance unless it is an off-gaming area, and place it to minimise smoke entry into non-designated parts (s 9F(7)).
Notify the commissioner within 14 days of designation (s 9G(1)); make and keep records noting the date of designation and the notice/diagram displayed.

Smoking management plan

Prepare and keep up-to-date a smoking management plan for any premises with a designated outdoor smoking area. The plan must include a diagram identifying the designated area and buffer and the location of the notice, a statement on minimising exposure to environmental smoke, a description of staff training about Act requirements, a description of how the prohibition on food or drink service in designated areas will be managed, and any other material prescribed by regulation (s 9J(2)). Make the plan available for inspection on request (s 9J(3)).

Prohibitions inside designated areas

Ensure no person under 18 years old is allowed in the designated area; no food or drink service is provided in the designated area; no food is consumed; no entertainment is offered or directly accessible; and there are no gaming machines in the designated area (s 9H(1)). Implement signage and staff monitoring to enforce these rules and document interventions when breaches occur.

Staff training and delegation

Train workers and managers on obligations to give directions to stop smoking where necessary, procedures for ejecting persistent offenders, how to request inspector identity cards, how to record incidents, and how to respond to inspector entries. The smoking management plan must describe the training given (s 9J(2)(c)). Keep training records as evidence of “reasonable precautions and appropriate diligence” in the event of a representative-based prosecution (s 20(5)).

Underage functions

For any underage function as defined in s 9K, ensure “no smoking” signs are prominently displayed, include a statement on tickets that smoking is prohibited, and make a public announcement at the beginning that smoking is prohibited (s 9M(1)(a)-(c)). Organisers must also actively give directions to stop smoking and direct persons to leave if they continue (s 9M(2)). Keep ticket samples and records of public announcements and incident logs.

Interacting with inspectors

Require inspection teams to produce identity cards when seeking consent to enter or when directing patrons to stop smoking if the inspector is not a uniformed police officer; train staff to request the inspector produce the card to avoid a direction-based defence being available to smokers (see ss 7(3), 9C(3), 9N(2), 9U(3), and s 11). When giving consent to entry, ensure that an acknowledgement of consent is completed and a copy retained as s 15 requires an inspector to ask for such a signed acknowledgment and give a copy to the occupier.

Record-keeping

Maintain records of signage deployment, smoking management plans, training records, notifications to the commissioner (s 9G(1)), incidents involving smoking and directions given, interactions with inspectors (including identity-card details and any signed acknowledgment of consent), and remedial steps taken after incidents. These records will be central to raising evidential-burden defences such as showing reasonable lack of awareness or evidence of reasonable precautions and appropriate diligence (s 20(5)).

Check subordinate instruments and related Acts

Regularly review regulations and any Ministerial determinations for changes that affect the meaning of “enclosed”, signage requirements, buffer heights and any exemptions (s 8AA(1); s 9P; s 22). Confirm alignment with liquor and gaming licence conditions under the Liquor Act 2010 and the Gaming Machine Act 2004 where licensed premises and gaming areas are involved (s 9F(1); dictionary).

Physical and business planning

If considering spatial redesign to create a designated outdoor smoking area, plan physical works to ensure buffers, non-adjacency to entrances and minimisation of smoke drift. Factor in business implications such as the prohibition on food or drink service in designated areas; that prohibition may affect revenue models for outdoor areas that previously combined dining and patron smoking.

Legal and insurance review

Review commercial leases, insurance policies and workplace health and safety obligations for consistency with the Act. Consider whether insurer notifications or policy endorsements are required for changes to premises layout or to prepare for potential enforcement actions.

By following these steps, occupiers, licensees, managers and organisers can align practical arrangements and documentation with the Act’s duties (ss 6-9, 9F-9J, 9M, 9O-9Q, 16, 18-19). The statutory emphasis on strict liability and evidential-burden exceptions makes disciplined record-keeping, prompt responses to incidents and demonstrable staff training particularly important to reduce legal risk.

Smoke-Free Public Places Act 2003

Plain English Summary

Deep Dive

What it does

Current sections

Smoke-Free Public Places Act 2003

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply