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Tobacco Sales and Smoking Areas

Picture of a No Smoking symbol
Tobacco is responsible for more deaths than any other drug, and no level of tobacco use is regarded as safe.

Because tobacco smoking is dangerous, there are restrictions on the sale of tobacco. There are also increasing legal restrictions on who can purchase tobacco and where people can smoke.

By law and popular demand the Queensland Government has introduced the nation’s toughest anti-smoking laws. Final changes took effect on 1 July 2006.

The new laws will benefit patrons, staff and smokers trying to quit and will improve the environment for everyone.

Welcome to a cleaner, healthier Queensland.

The aim of these changes is to prevent children’s access to tobacco products, and reduce exposure to passive smoking.

The key features of the Tobacco and Other Smoking Products Act are:

a no-smoking in most indoor public places (including indoor dining and bingo areas of liquor licensed premises)
restrictions on smoking in outdoor public areas
tobacco vending machines must be located in bar or poker machine areas only
no sales of tobacco products to children under 18 years of age
mandatory training of employees who sell tobacco
mandatory no-smoking and quit smoking signs
restrictions on how tobacco products can be displayed at retail outlets
no tobacco advertising or competitions

Further information on the tobacco laws can be obtained from the Queensland Health website or by calling the Tobacco Hotline on 1800 005 998, 8:00am-6:00pm, seven days.

Liquor Licensees
Tobacco Retailers
Smoke Free Enclosed Places

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Smoke Free Enclosed Places

Since 31 May 2002, smoking has been banned in many enclosed places in Queensland; where enclosed place means 'indoors' or an area that is completely or substantially enclosed.

Unless you are exempt, ALL enclosed places will be non-smoking areas.

Exempt places include:

multi-unit residential accommodation
premium gaming rooms
liquor licensed premises (except in dining areas whilst meals are available or being consumed, or gaming tables areas of casinos).

Implementing Smoke-free Areas

Commitment to the well-being of patrons and staff can be demonstrated by creating and maintaining a smoke-free policy which clearly designates where smoking is permitted.

Checklist for implementation:

Has the workplace gathered information about the process of having a smoke-free policy (Contact the link Cancer Helpline)?

Has the commitment of senior management to the process been ensured?
Has a smoke-free committee (management, workplace health and safety staff, employees, union representatives) been formed?
Are all staff informed about the process?
Has the workplace been assessed (e.g. safe places for people to smoke)?
Has the policy been designed, including a plan for implementing the policy?
Has the implementation plan been followed?
Has the implementation been managed?
Has the policy been reviewed, monitored and modified?
Has the policy been evaluated?
Have opportunities been created to reinforce the smoke-free policy?

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Sale of Tobacco and Other Smoking Products

The following items summarise tobacco retailers legal requirements:

It is illegal to sell Tobacco or Other Smoking Products to a child (less than 18 years of age).
Tobacco advertising, such as retail posters and banners are banned.
Promotional campaigns such as competitions and give-aways are banned.

Displays of packets and cartons of tobacco products are regulated:

tobacco products can only be located at a point of sale on the seller's side, or above or below where customers are served.
only one face of a 'product line' may be on display
only single cartons are visible to customers

A 'Sales to Children Prohibition' sign and a 'Quit Smoking' sign MUST be displayed at the point of sale.
Managers MUST provide training to their employees.

Legislation

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Workplace Health and Safety

The Department of Industrial Relations website has more information on workplace health and safety including advisory standards, brochures and guides.

Further Information

See the Services Directory for contact details for:

Environmental Health Unit, Tropical Population Health Unit Network
For resources (information and stickers) about the Tobacco Products Act 1998.

Alcohol and Drug Information Service
For information about local quit smoking services.

Queensland Cancer Fund For information and advice on having a smoke-free policy in your work-place. Posters, videos, brochures, stickers and other information are available free of charge to support your policy.

Quitline
For information and support when quitting smoking.

Useful Links

Alcohol, Tobacco and Other Drugs, Queensland Health
This site contains an easy-to-read summary of the new Queensland tobacco laws.

National Tobacco Campaign
This is the web-site of the National Tobacco Campaign and contains information about the benefits of quitting smoking.

Quit Victoria
The Quit Victoria web-site has good links to other tobacco-related sites

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Quick Quiz

What is the largest preventable cause of death and disease in Australia?
Approximately what percentage of the Australian population smoke?
Does passive smoking contribute to lung cancer and disease?
Can a worker in a smoky room inhale the equivalent of five cigarettes per day?
Does the responsibility for smoking issues in the workplace rest solely with the management?
Is it legal to sell cigarettes to a sixteen year old customer?
Do unions support smoke-free policies?
If a smoke-free policy is in the workplace, are employers less likely to be sued by workers with a passive smoking related illness?
What is the biggest single cause of property fires?
Do smoke related cleaning costs account for 10% of all cleaning costs?

Answers:

Tobacco smoking
Less than 25%
Yes
Yes
No, all staff have a responsibility
No, eighteen years is the legal age
Yes
Yes
Discarded cigarettes and matches
No, about 25%

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Last Updated: 04 October 2006
Last Reviewed: 04 October 2006