Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Smoking in Cars with Children
(Prohibition) Act 2011
A2011-40
Republication No 4
Effective: 18 April 2025
Republication date: 18 April 2025
Last amendment made by A2025-8
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 Smoking in Cars with Children (Prohibition) Act 2011 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force
on 18 April 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 18 April 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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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Smoking in Cars with Children
(Prohibition) Act 2011
Contents
Page
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
6 Meaning of smoke 3
7 Offence to smoke in a vehicle with a child 4
8 Enforcement powers of police officers 4
Dictionary 6
Endnotes
1 About the endnotes 7
2 Abbreviation key 7
Contents
Page
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3 Legislation history 8
4 Amendment history 8
5 Earlier republications 9
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Australian Capital Territory
Smoking in Cars with Children
(Prohibition) Act 2011
An Act to prohibit smoking in cars when children are present
Section 1
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1 Name of Act
This Act is the Smoking in Cars with Children (Prohibition)
Act 2011.
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 ‘road—see the Road Transport
(General) Act 1999, dictionary.’ means that the term ’road’ 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 the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
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.
Section 6
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6 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) 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.
Section 7
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7 Offence to smoke in a vehicle with a child
(1) A person who is 16 years old, or older, commits an offence if—
(a) the person smokes in a vehicle that is on a road or road related
area; and
(b) a child is in the vehicle.
Maximum penalty: 50 penalty units.
Note Child means a person under 16 years old (see dict).
(2) An offence against this section is a strict liability offence.
(3) In a prosecution for an offence against this section, evidence that a
person in the vehicle appeared to be under 16 years old is proof that
the person was under 16 years old, in the absence of evidence to the
contrary.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see Criminal Code, s 58).
8 Enforcement powers of police officers
(1) If a police officer suspects on reasonable grounds that a person has
committed an offence against section 7, the police officer may do 1 or
more of the following:
(a) require the driver of the vehicle to—
(i) stop the vehicle and produce the driver’s driver licence;
and
(ii) state the driver’s name, date of birth and home address;
(b) require a person who is in the vehicle, and suspected of
committing the offence, to—
(i) stop smoking; and
(ii) state the person’s name, date of birth and home address;
Section 8
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(c) require a person who is in the vehicle, and suspected of
committing the offence, to produce an identification document
if the person is carrying an identification document.
(2) A person commits an offence if the person fails to comply with a
requirement made of the person by a police officer under
subsection (1) (a) or (b).
Maximum penalty: 20 penalty units.
Note It is an offence to produce false or misleading documents (see Criminal
Code, s 339).
(3) An offence against this section is a strict liability offence.
(4) In this section:
identification document, includes the following:
(a) an Australian driver licence or foreign driver licence;
(b) a proof of identity card issued under the Liquor Act 2010,
section 210 (Proof of identity cards), or a corresponding
document issued under the law of a State;
(c) a passport;
(d) a student card;
(e) a document that contains a photograph that could reasonably be
taken to be the person and states the person’s name and date of
birth.
Dictionary
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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:
• home address
• police officer
• proceeding.
child means a person who is under 16 years old.
driver—see the Road Transport (General) Act 1999, dictionary.
driver licence means—
(a) an Australian driver licence under the Road Transport (Driver
Licensing) Act 1999; or
(b) an external driver licence under the Road Transport (Driver
Licensing) Act 1999.
road—see the Road Transport (General) Act 1999, dictionary.
road related area—see the Road Transport (General) Act 1999,
dictionary.
smoke—see section 6.
vehicle—
(a) means a motor vehicle under the Road Transport (General)
Act 1999; but
(b) does not include—
(i) a campervan that is parked and set up as a place for living
or sleeping; or
(ii) a motorcycle.
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
Smoking in Cars with Children (Prohibition) Act 2011 A2011-40
notified LR 1 November 2011
s 1, s 2 commenced 1 November 2011 (LA s 75 (1))
remainder commenced 1 May 2012 (s 2 and LA s 79)
as amended by
Justice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.10
notified LR 29 February 2016
s 1, s 2 commenced 29 February 2016 (LA s 75 (1))
sch 1 pt 1.10 commenced 29 August 2016 (s 2 and LA s 79)
Smoke-Free Legislation Amendment Act 2016 A2016-20 pt 3
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
pt 3 commenced 1 August 2016 (s 2 and CN2016-13)
Tobacco and Other Smoking Products (Vaping Goods) Amendment
Act 2025 A2025-8 sch 1 pt 1.3
notified LR 17 April 2025
s 1, s 2 commenced 17 April 2025 (LA s 75 (1))
sch 1 pt 1.3 commenced 18 April 2025 (s 2)
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Meaning of smoke
s 6 hdg sub A2016-20 s 18
s 6 am A2016-20 ss 19-21
sub A2025-8 amdt 1.7
Enforcement powers of police officers
s 8 am A2016-7 amdt 1.23
Dictionary
dict def herbal product om A2016-20 s 22
def personal vaporiser ins A2016-20 s 23
om A2025-8 amdt 1.8
def smoking product sub A2016-20 s 24
om A2025-8 amdt 1.8
def tobacco product om A2016-20 s 25