Anti-Tobacco Legislation

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

Smoke-free Legislation

The Queensland State Government has implemented some of the strongest smoke-free laws in the world, banning smoking in many public places across Queensland.

Summary of state-wide smoke free laws in Queensland

Location

Law

Building entrances Smoking is banned at all non-residential building entrances and extends for 5 metres from the entrance.
Children’s playgrounds Smoking is banned within 10 metres of children’s outdoor playground equipment that is situated in a public place.
Educational facilities Smoking is banned at all early childhood facilities and public and private schools and for 5 metres beyond their boundaries.
Hospitals, healthcare and residential aged care facilities Smoking is banned at all Queensland public and private hospitals, health and residential aged care facilities and for 5 metres beyond their boundaries.
Major sports and event facilities Smoking is banned in all major sport and event facilities except in a nominated outdoor smoking area.
National Parks Smoking is banned in Queensland National parks.
Organised under 18 sporting events Smoking is banned within 10 meter of viewing and playing areas at organised under 18 sporting events. The ban applies during games and at training.
Outdoor eating or drinking areas Smoking is banned at all commercial outdoor eating and drinking areas.
Outdoor pedestrian malls Smoking is banned at outdoor pedestrian malls.
Patrolled and artificial beaches Smoking is banned between the flags at all patrolled beaches. Smoking is also banned at artificial beaches.
Public transport waiting points Smoking is banned at public transport waiting points and extends 5 metres beyond the waiting point. A public transport waiting point includes a bus stop, taxi rank, ferry terminal or any transit terminal for public passengers.
Public swimming pools  Smoking is banned at public swimming pools and the entire grounds inside the facility’s fence including the kiosk and seating areas.
Skate parks  Smoking is banned at all skate parks and extends for 10 metres from any part of a skate park.

Read more about tobacco laws in Queensland.

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?

More information

For further information or support please contact us at tobaccoenquiry@cancerqld.org.au or call 13 11 20.