Tobacco

Environmental Tobacco Smoke

The page contains information on passive smoking

The issue of smoking in public places is one that, generally, comes within the jurisdiction of the 'States and Territories' power. However, the Commonwealth has acted where it has had the power to do so. For example, Commonwealth bans have been introduced in:

• all Commonwealth government buildings;
• aircraft, buses and coaches registered under the Federal Interstate Registration scheme; and
• all airport buildings operated by the Federal Airports Corporation and on all domestic flights and international flights operating in domestic airspace.

In developing its policy on smoking in public places, the Commonwealth has been concerned to ensure that bans are consistent with prevailing community attitudes.

States and Territories are actively pursuing bans on smoking in enclosed public places. There are also regulated restrictions on smoking in hotels, clubs and casinos.

The latest jurisdiction to put comprehensive bans and restrictions into place is the Northern Territory which enacted new legislation on 31 May 2003.

Each State and Territory also has occupational health and safety legislation, which imposes a duty on all employers to provide, within reason, a workplace that is free of hazards to health for employees and those entering the premises. This includes smoke free work environments.

In the light of a number of recent court cases addressing the issue of passive smoking and employer liability, many Australian employers have chosen to adopt a smoke free policy to guard against litigation flowing from passive smoking related illness.

Following the release of the National Health and Medical Research Council's (NHMRC) scientific information paper on passive smoking in November 1997 (The Health Effects of Passive Smoking 1997), the Minister for Health and Family Services (now Health and Ageing) announced that passive smoking was a major public health issue requiring a national response. In response to this directive the National Public Health Partnership, a cross-jurisdictional body, in close consultation with tobacco policy officers of all jurisdictions, developed the National Response to Passive Smoking in Enclosed Public Places and Workplaces.

The National Response to Passive Smoking comprises the following documents, which can be found on the National Public Health Partnership's website.

• A Background Paper
• A Statement of Guiding Principles
• Examples of Core Provisions

It is expected that these recommendations will inform the development of State and Territory approaches, while respecting the sovereignty of each Parliament and the need for flexibility.

Current and proposed state and territory laws on passive smoking may be viewed below:

Queensland

Tobacco and other Smoking Products (Prevention of Supply to Children) amendment Bill 2001 (PDF 381 KB)

ACT

Smoke-Free Areas (Enclosed Public Places) Act 1994

NSW

Smoke Free Environment Bill

Victoria

Tobacco (Amendment) Act 2000 - Sect 1

South Australia

Tobacco Products Regulations 1997 - Reg 6 Smoking in enclosed public dining or cafe areas (s. 47)

Tasmania

Public Health Amendment (Smoke-free Areas) Act 2001 - A Guide to the Legislation 2001
Public Health Amendment (Smoke-free Areas) Act 2001 - Signage
Public Health Amendment (Smoke-free Areas) Act 2001 - Health care facilities

Northern Territory

Tobacco Act (Rept043)

If you are having difficulty downloading the PDF document(s) please email phd.webmaster@health.gov.au and we will arrange for an alternative format or a copy to be sent to you.