Anti-Tobacco Legislation

Cancer Council Queensland has worked with the Queensland Government to introduce some of the toughest anti-smoking laws in Australia.

Find out more about:

  • Smoking legislation in Queensland
  • Sale of tobacco in Queensland
  • Smoke-drift in multi-unit housing

Legislation

In Queensland, the following areas must be smokefree:

  • Interior spaces of pubs, clubs, restaurants and workplaces.
  • In non-enclosed eating and drinking areas where food or drink is provided as part of a business. (Note: pubs, clubs and casinos may set up Designated Outdoor Smoking Areas where smoking and drinking can occur, however these areas must be controlled by a Smoking Management Plan.)
  • Within four metres of an entrance to a non-residential building.
  • Within 10 metres of children’s playground equipment.
  • In cars where children under the age of 16 are present
  • Major sports stadiums managed by the Major Sports Facilities Authority.
  • Between the flags at patrolled beaches.
  • At artificial beaches.
  • Inside and within five metres of public and private hospitals and health facilities
  • Inside and within five metres of state and non-state schools

Local Governments also have the power to regulate smoking at pedestrian malls and public transport waiting points such as bus stops, taxi ranks and ferry wharves.

Sale of tobacco in Queensland

  • Tobacco products cannot be sold to children under 18 years of age.
  • Mandatory training of employees who sell tobacco.
  • Mandatory no smoking and quit smoking signs.
  • Tobacco products must be kept on the seller’s side of the point of sale and out of sight of customers at retail outlets.
  • No tobacco advertising or competitions.
  • Tobacco vending machines must be located in bar or poker machine areas only.
  • E-cigarettes are subjected to the same laws as other tobacco products.
  • Electronic cigarettes containing liquid nicotine are illegal in Queensland.

View Queensland’s tobacco laws or contact the Queensland Government’s Tobacco Hotline on 13 QGOV (13 74 68).

Cancer Council Queensland supports the implementation and enforcement of the laws and will continue to advocate for tobacco control laws to further reduce the prevalence of smoking, reduce cigarette consumption, and reduce tobacco-related illness and deaths in Queensland. We will continue to advocate for state-wide legislation making pedestrian malls and public transport waiting points such as bus stops, taxi ranks and ferry wharves smoke-free.

Smoke-drift in multi-unit housing

Smoke-drift in multi-unit housing is a common complaint to body corporate management. While smoking in enclosed common areas is banned, there is limited regulation of smoking in multi-unit housing in Queensland. Smoking in a lot or apartment is a lawful activity, however when residents of multi-unit housing are exposed to smoke-drift from a neighbour, it seems at odds with health warnings and their expectations of smoke-free environments.

This series of Information Sheets examines the existing regulations, dispute resolution possibilities, research, surveys of resident’s experiences, and some of the financial and market implications of smoking in multi-unit housing.

Regulation of smoking in multi-unit housing in Queensland – To what extent does the State tobacco control law ban smoking in multi-unit housing and could smoke-drift be a public nuisance?

By-laws regulating smoking in Queensland community title schemes – What are the limits of body corporate by-law making powers and why?

Private nuisance in Queensland community title schemes – What is a private nuisance and what is needed to show smoke-drift is a private nuisance?

Assessment of second-hand smoke exposure – What is second-hand smoke, how is it measured, what are the health consequences, what do air quality monitoring studies in multi-unit housing show, and what is the effect of sealing and ventilation?

Tenancies, rooming accommodation, discrimination and litigation – What are the rights and obligations of tenants and landlords, and rooming providers and residents?

Experiences of smoke-drift and preferences for smoke-free housing – How prevalent is smoke-drift, how much does it annoy people, and to what extent do residents prefer smoke-free multi-unit living?

Renovation costs, purchasing preferences and fire damage and fatalities – What are some of the financial and market implications for landlords who permit smoking?