Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Smoke-Free Public Places
Regulation 2005
SL2005-21
made under the
Smoke-Free Public Places Act 2003
Republication No 5
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 Regulation 2005, made under 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).
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Australian Capital Territory
Smoke-Free Public Places
Regulation 2005
made under the
Smoke-Free Public Places Act 2003
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
Part 2 Enclosed public places
5 Purpose of pt 2 3
6 The basic rule—covered and 75% or more enclosed 3
7 Meaning of covered 4
Contents
Page
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8 Meaning of 75% or more enclosed 4
9 How to work out the closed area—walls 4
10 How to work out the closed area—overhead cover 6
11 How to work out the open area—walls 6
12 How to work out the open area—overhead cover 7
Part 3 Outdoor eating or drinking places
13 Height of screen or wall buffer for designated outdoor smoking area—
Act, s 9F (6) (a) 8
14 Requirements for smoking management plan—Act, s 9J (2) (e) 8
Dictionary 9
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 13
5 Earlier republications 14
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Australian Capital Territory
Smoke-Free Public Places
Regulation 2005
made under the
Smoke-Free Public Places Act 2003
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Smoke-Free Public Places Regulation 2005.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere in this regulation.
For example, the signpost definition ‘covered—see section 7.’ means that
the term ‘covered’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Enclosed public places Part 2
Section 5
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Part 2 Enclosed public places
5 Purpose of pt 2
(1) The Act prohibits smoking in enclosed public places and creates
offences that give effect to that prohibition.
(2) The object of the Act is to promote public health by minimising the
exposure of people in enclosed public places to environmental
smoke.
(3) Under the Act, an enclosed public place is a public place, or part of a
public place, that is enclosed as prescribed by regulation (see the Act,
dictionary).
(4) The purpose of this part is to set out what makes a place enclosed for
that definition.
6 The basic rule—covered and 75% or more enclosed
A place is enclosed if—
(a) it is covered; and
(b) it is 75% or more enclosed.
Note 1 Under this definition, any part of a place that is not under cover is not
enclosed. However, the Act requires an occupier of premises to take
reasonable steps to prevent smoke from the premises entering an enclosed
public place—see s 8A (Offence by occupier—permitting smoke into
enclosed public place from another part of premises) and s 9 (Offence by
neighbouring occupier).
Note 2 Place includes part of a place (see dict, def place).
Part 2 Enclosed public places
Section 7
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7 Meaning of covered
(1) A place is covered if it is under a ceiling, roof or other structure or
device (whether fixed or moveable) that prevents or impedes upward
airflow (an overhead cover).
Examples of other structure or device
1 awning
2 skylight
3 umbrella
(2) If an overhead cover (or part of an overhead cover) is moveable, the
area under the overhead cover (or the part of the overhead cover) is
covered at a particular time only to the extent that the overhead cover
is present at that time.
Example for s (2)
An awning attached to a wall can be extended to a point 2m from the wall or a point
4m from the wall. If the awning is extended to the 2m point, the area under it to
that 2m point is covered. If the awning is extended to the 4m point, the area under
it to that 4m point is covered.
8 Meaning of 75% or more enclosed
A place is 75% or more enclosed if the open area of the walls and
overhead cover of the place that opens directly to the outside air is
25% or less of the sum of—
(a) the total closed area of the walls and overhead cover of the place;
and
(b) the total open area of the walls and overhead cover of the place.
9 How to work out the closed area—walls
(1) This section sets out how to work out the closed area of the walls of
a place.
(2) The closed area of the walls of a place is the surface area of the walls
that form part of the boundary of the place.
Enclosed public places Part 2
Section 9
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(3) A wall includes any door, window or other structure or device
(whether fixed or moveable) that prevents or impedes lateral airflow.
Examples of other structure or device
1 moveable panel
2 shutter
3 blind
(4) If a wall is moveable, the wall forms part of the boundary of a place
at a particular time only to the extent that it forms part of the boundary
of the place at that time.
Example
A café has retractable panels along one of its boundaries. If the panels are
completely closed, their whole surface area is counted. However, if the panels are
3/4 open, only 1/4 of their surface area is counted.
(5) However, a door or window that forms part of the boundary of the
place must be treated as part of the closed area of the walls of the
place even if it is open.
(6) For subsection (2), the surface area of a wall is the actual surface area
(inside the place) of the solid surface of the wall.
Example
A restaurant has a courtyard with a metal slatted screen forming part of its boundary
wall. The actual surface area of that part of the boundary wall is the surface area
(inside the place) of the slats. The area of the gaps between the slats is part of the
open area of the wall (see s 11).
(7) For subsection (6), a wall made of flyscreen, shadecloth or canvas is
taken to have a solid surface.
(8) In this section:
wall includes part of a wall.
Part 2 Enclosed public places
Section 10
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10 How to work out the closed area—overhead cover
(1) This section sets out how to work out the closed area of the overhead
cover of a place.
(2) The closed area of the overhead cover of a place is the area of the
vertical projection (inside the place) of the overhead cover.
Examples
1 A bar has a sloping ceiling. The closed area of the ceiling is worked out as the
area of the projection onto a horizontal plane (the ‘plan view’) of the ceiling,
not the (larger) surface area of the ceiling itself.
2 A beer garden has a wooden lattice overhead cover. The closed area of the
overhead cover is worked out as the area of the projection onto a horizontal
plane (the ‘plan view’) of the wooden lattice itself. The area of the gaps in the
lattice is part of the open area of the overhead cover (see s 12).
(3) For subsection (2), an overhead cover made of flyscreen, shadecloth
or canvas is taken to have a solid surface.
(4) In this section:
overhead cover includes part of an overhead cover.
11 How to work out the open area—walls
(1) This section sets out how to work out the open area of the walls of a
place.
(2) The open area of the walls of a place is the total of the minimum areas
required to fill—
(a) each gap in any parts of the walls that do not have, or are not
taken under section 9 (7) to have, solid surfaces; and
(b) each gap between parts of the walls; and
(c) each gap between the walls and the nearest point of the overhead
cover; and
Enclosed public places Part 2
Section 12
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(d) each gap between the walls and the nearest point of the floor.
Example
See example to section 9 (6).
12 How to work out the open area—overhead cover
(1) This section sets out how to work out the open area of the overhead
cover of a place.
(2) The open area of the overhead cover of a place is the minimum area
required to fill any gaps in the vertical projection (inside the place) of
the overhead cover.
Example
See example 2 to section 10 (2).
(3) For subsection (2), an overhead cover made of flyscreen, shadecloth
or canvas is taken to have a solid surface.
Part 3 Outdoor eating or drinking places
Section 13
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Part 3 Outdoor eating or drinking
places
13 Height of screen or wall buffer for designated outdoor
smoking area—Act, s 9F (6) (a)
(1) The prescribed height is 2.1m above the highest point of the floor of
the designated outdoor smoking area.
(2) However, if at any point of the buffer it is not possible to comply with
subsection (1) because of an overhead cover, the prescribed height at
that point is the height of the overhead cover.
Note 1 The presence of a screen or wall buffer may make an area an enclosed
public place—see pt 2 (Enclosed public places).
Note 2 Other legislation may apply in relation to a proposed structure:
• the structure may require building approval—see the Building
Act 2004, div 3.3;
• use of the structure may require development approval—see the
Planning Act 2023, s 148;
• if the structure causes premises to not comply with certain
requirements, the commissioner must decide that the premises are
not suitable premises for a licence or permit—see the Liquor
Act 2010, s 77.
14 Requirements for smoking management plan—
Act, s 9J (2) (e)
The floor plan of the licensed premises under the Liquor
Regulation 2010, section 6 is prescribed.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Act
• for.
Note 3 Terms used in this regulation have the same meaning that they have in
the Smoke-Free Public Places Act 2003 (see Legislation Act, s 148). For
example, the following terms are defined in the Smoke-Free Public
Places Act 2003, dict:
• designated outdoor smoking area (see s 9F (2))
• public place.
75% or more enclosed—see section 8.
closed area—
(a) of a wall, means the closed area worked out for the wall under
section 9; and
(b) of an overhead cover, means the closed area worked out for the
overhead cover under section 10.
covered—see section 7.
enclosed—see section 6.
floor includes ground.
open area—
(a) of a wall, means the open area worked out for the wall under
section 11; and
(b) of an overhead cover, means the open area worked out for the
overhead cover under section 12.
overhead cover—see section 7 (1).
Dictionary
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place includes part of a place.
wall—see section 9.
Endnotes
About the endnotes 1
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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
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3 Legislation history
The Smoke-Free Public Places Regulation 2005 was originally the Smoking
(Prohibition in Enclosed Public Places) Regulation 2005. It was renamed by the
Smoking (Prohibition in Enclosed Public Places) Amendment Regulation 2010
(No 1) SL2010-44 (see s 4).
Smoke-Free Public Places Regulation 2005 SL2005-21
notified LR 8 September 2005
s 1, s 2 commenced 8 September 2005 (LA s 75 (1))
remainder commenced 1 December 2006 (s 2)
as amended by
Smoking (Prohibition in Enclosed Public Places) Amendment
Regulation 2010 (No 1) SL2010-44
notified LR 10 November 2010
s 1, s 2 commenced 10 November 2010 (LA s 75 (1))
s 6 commenced 9 December 2011 (s 2 (2))
remainder commenced 9 December 2010 (s 2 (1) and see Smoking
(Prohibition in Enclosed Public Places) Amendment Act 2009
A2009-51, s 2 and CN2010-4)
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1
pt 1.60
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.60 commenced 27 November 2023 (s 2 (1) and see
Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.87
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.87 commenced 26 November 2025 (s 2 (3))
Endnotes
Amendment history 4
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4 Amendment history
Name of regulation
s 1 sub SL2010-44 s 4
Commencement
s 2 om LA s 89 (4)
Outdoor eating or drinking places
pt 3 hdg ins SL2010-44 s 5
Height of screen or wall buffer for designated outdoor smoking area—Act,
s 9F (6) (a)
s 13 ins SL2010-44 s 5
am SL2010-44 s 6; A2023-36 amdt 1.338
Requirements for smoking management plan—Act, s 9J (2) (e)
s 14 ins SL2010-44 s 5
am A2025-29 amdt 3.314
Dictionary
dict am SL2010-44 s 7