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
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