Penalties, fines and enforcement
Legislation and enforcement
Queensland's smoking laws are governed by the:
They are primarily enforced by Queensland Health Environmental Health Officers (EHOs), who can:
- issue individuals with warnings and on-the-spot fines
- issue businesses with improvement notices, warnings and on-the-spot fines
- initiate legal proceedings for breaches of the smoking laws
- respond to complaints
- inspect premises
- provide advice about the smoking laws.
If you are smoking in a no-smoking zone and approached by an authorised EHO, you are required by law to provide your correct name and address to the officer. They generally do not wear a uniform, but they will show an identification card before asking any questions.
Police officers have powers to address smoking product sales to children and enforce laws relating to bongs, ice pipes and hookahs. They alone enforce smoking bans in vehicles where children under 16 years are present. Police must observe the offence occurring in a vehicle in order to issue a fine.
Reporting a possible breach
Call 13 QGOV (13 74 68) or use this form to report:
- a person or business that may be in breach of the smoking laws for outdoor or enclosed areas, smoking product retailing, eating and drinking venues and other specified facilities
- sale or possession of electronic cigarettes containing liquid nicotine, without a prescription.
All possible breaches reported will be investigated and if a breach is proven, on-the-spot fines or prosecutions will follow.
Contact your local Queensland Police Service about possible breaches of the law about smoking in cars with children under 16 years present.
Current fines and penalties
For smoking products, the current penalty unit amount is set at $137.85
This is effective from 1 July 2021.
- Outdoor public areas
- Smoke-free motor vehicles
- Hotels and clubs
- Non-liquor licensed food and drink businesses
- Liquor licensed restaurants and other liquor licensed premises
- Smoking product retailing
Outdoor public areas
On-the-spot fines
| Section of the Act | Offence description | Who can be fined | Penalty unit |
|---|---|---|---|
| Outdoor places | |||
| 26ZJ(1) | Smoking within 5 metres of a non-residential building entrance | Smoker | 2 |
| 26ZK(1) | Smoking within 10 metres of children’s outdoor playground equipment | Smoker | 2 |
| 26VH(1) | Smoking at a patrolled beach area | Smoker | 2 |
| 26ZI(1) | Smoking at a prescribed outdoor swimming area | Smoker | 2 |
| 26VH(1) | Smoking at a major sports facility | Smoker | 2 |
| 26VI | Failure of a person to stop smoking at a major sports facility when directed to do so by an authorised person | Smoker | 2 |
| 26VL(1) | A person must not smoke at a major event facility | Smoker | 2 |
| 26VM | Failure of a person to stop smoking at a major event facility, when directed to do so by an authorised person | Smoker | 2 |
| 26VO(1) | A person smoking at a health facility | Smoker | 2 |
| 26VO(2) | A person smoking on land within the 5 metres beyond the boundary of a health facility | Smoker | 2 |
| 26VP | Failure of a person to stop smoking at a health facility or on land within 5 metres beyond the boundary of the health facility, when directed to do so by an authorised person | Smoker | 2 |
| 26VQ(1) | A person smoking at a school facility | Smoker | 2 |
| 26VQ(2) | A person smoking on land within 5 metres beyond the boundary of a school facility | Smoker | 2 |
| 26VR | Failure of a person to stop smoking at a school facility or on land within 5 metres beyond the boundary of a school facility, when directed to do so by an authorised person | Smoker | 2 |
| 26VS(1) | A person smoking at a public swimming facility | Smoker | 2 |
| 26VT | Failure of a person to stop smoking at a public swimming facility, when directed to do so by an authorised person | Smoker | 2 |
| 26VU(1) | A person smoking at an early childhood education and care facility | Smoker | 2 |
| 26VU(2) | A person smoking on land within 5 metres beyond the boundary of an early childhood education and care facility | Smoker | 2 |
| 26VV | Failure of a person to stop smoking at an early childhood education and care facility or on land within 5 metres beyond the boundary of the facility, when directed to do so by an authorised person | Smoker | 2 |
| 26VW(1) | A person smoking at a residential aged care facility | Smoker | 2 |
| 26VW(2) | A person smoking on land within 5 metres beyond the boundary of a residential aged care facility | Smoker | 2 |
| 26VX | Failure of a person to stop smoking at a residential aged care facility or on land within 5 metres beyond the boundary of a residential aged care facility, when directed by an authorised person | Smoker | 2 |
| 26ZD(1) | A person smoking within a government precinct | Smoker | 2 |
| 26ZE | Failure of a person to stop smoking within a government precinct, when directed to do so by an authorised person | Smoker | 2 |
| 26ZKA(1) | A person smoking at an outdoor pedestrian mall | Smoker | 2 |
| 26ZKB(1) | A person smoking at a public transport waiting point | Smoker | 2 |
| 26ZKB(2) | A person smoking on land within 5 metres beyond a public transport waiting point, unless the person has a reasonable excuse | Smoker | 2 |
| 26ZKC(1) | A person smoking within 10 metres of any part of a skate park | Smoker | 2 |
| 26ZKD(1) | A person smoking at a sporting ground or the viewing area for a water sport during an under-18 sporting event | Smoker | 2 |
| 26KZD(2) | A person smoking on land within 10 metres beyond the boundary of a sporting ground or the viewing area for a water sport during an under-18 sporting event | Smoker | 2 |
| 26ZKE(1) | A person smoking at a national park, or part of a national park, prescribed by regulation | Smoker | 2 |
| 26ZL | Failure to stop smoking at an outdoor place under part 2C Division 3 when directed to do so by an authorised person | Smoker | 2 |
Smoke-free motor vehicles
On-the-spot fines
| Section of the Act | Offence description | Who can be fined | Penalty unit |
|---|---|---|---|
| 26VC | Smoking in a motor vehicle if a person under 16 is in the vehicle | Smoker | 2 |
Hotels and clubs
On-the-spot fines
| Section of the Act | Offence description | Who can be fined | Penalty unit |
|---|---|---|---|
| Outdoor places | |||
| 26S(2) | Failing to display the no-smoking sign at the entrance to the premises with a commercial hotel, community club or commercial special facility (containing all or part of a casino) licence under the Liquor Act 1992 | Occupier (licensee) | 2 |
| 26R(1) | Smoking in an enclosed area | Smoker | 2 |
| 26U(1) | Failure to stop smoking in an enclosed area when directed to do so by an authorised person | Smoker | 2 |
| 26V(1) | Allowing a person to smoke in an enclosed place | Occupier (licensee) | 10 |
| 26X(1) | Smoking at an outdoor eating or drinking area | Smoker | 2 |
| 26Y(1) | Failure to stop smoking in an outdoor eating or drinking area, when directed to do so by an authorised person | Smoker | 2 |
Court fines
| Section of the Act | Offence description | Who can be fined | Penalty unit (maximum) |
|---|---|---|---|
| Enclosed area | |||
| 26V(1) | Allowing smoking in an enclosed area | Occupier (licensee) | 140 |
| 26U(2) | Providing food or drink to a person in an enclosed area, when the person has continued to smoke and failed to comply with your direction to stop smoking | Occupier (licensee) | 140 |
| Outdoor eating or drinking area | |||
| 26Z(1) | Allowing smoking in an outdoor eating or drinking area | Occupier (licensee) | 140 |
| 26Y(2) | Providing food or drink to a person smoking at an outdoor eating or drinking area, when the person has continued to smoke | Occupier (licensee) | 140 |
| 26ZA(4) |
Designating part/s of the outdoor licensed area of the premises for smoking and drinking, other than in compliance with requirements for a DOSA | Occupier (licensee) | 140 |
| 26ZB(2) | Failing to ensure that in a DOSA, food or drink is not served; food is not consumed; entertainment is not offered and gaming machines are not provided | Occupier (licensee) | 140 |
| 26ZB(3) | Failing to ensure a DOSA and its buffers are compliant | Occupier (licensee) | 140 |
| 26ZB(4) | Failing to comply with requirements for a Smoking Management Plan | Occupier (licensee) | 70 |
| 26ZB(5) | Allowing smoking at an outdoor licensed area of the premises other than at the DOSA | Occupier (licensee) | 140 |
Non-liquor licensed food and drink businesses, liquor licensed restaurants and other liquor licensed premises
On-the-spot fines
| Section of the Act | Offence description | Who can be fined | Penalty unit |
|---|---|---|---|
| Enclosed area | |||
| 26R(1) | Smoking in an enclosed area | Smoker | 2 |
| 26U(1) | Not stopping smoking in an enclosed area when directed to do so by an authorised person | Smoker | 2 |
| 26V(1) | Allowing a person to smoke in an enclosed area | Occupier | 10 |
| Outdoor eating or drinking area | |||
| 26X(1) | Smoking at an outdoor eating or drinking area | Smoker | 2 |
| 26Y(1) | Not stopping smoking in an outdoor eating or drinking area, when directed to do so by an authorised person | Smoker | 2 |
| Outdoor places | |||
| 26ZK(1) | Smoking within 10 metres of children’s outdoor playground equipment | Smoker | 2 |
| 26ZJ(1) | Smoking within 5 metres of a non-residential building entrance | Smoker | 2 |
Court fines
| Section of the Act | Offence description | Who can be fined | Penalty unit (maximum) |
|---|---|---|---|
| Enclosed area | |||
| 26V(1) | Allowing smoking in an enclosed area | Occupier (licensee) | 140 |
| 26U(2) | Providing food or drink to a person in an enclosed area, when the person has continued to smoke and failed to comply with your direction to stop smoking | Occupier (licensee) | 140 |
| Outdoor eating or drinking area | |||
| 26Z(1) | Allowing smoking in an outdoor eating or drinking area | Occupier (licensee) | 140 |
| 26Y(2) | Providing food or drink to a person smoking at an outdoor eating or drinking area, when the person has continued to smoke and failed to comply with your direction to stop smoking | Occupier (licensee) | 140 |
Smoking product retailing
On-the-spot and court fines
| Section | Offence | Penalty unit (On-the-spot) | Max penalty unit in court |
|---|---|---|---|
| Over-the-counter sales and vending machines | |||
| 44E(1) | Failing to show an authorised person written evidence of employee training | 2 | 50 |
| 44F | Failing to certify a copy of written evidence of employee training | 2 | 50 |
| Over-the-counter sales | |||
| 9A(1) | Failing to undertake prevention measures, including failing to provide training to employees about not supplying smoking products to under 18’s | 4 | 40 |
| 13B | Selling smoking products from more than one point of sales at a retail outlet | 4 | 140 |
| 13C(1) | Selling a smoking product from a temporary retail store | 4 | 140 |
| 22(1) | Failing to sell cigarettes or herbal cigarettes in a package | 4 | 140 |
| 22(2) | Selling cigarettes or herbal cigarettes in packets of fewer than 20 | 6 | 140 |
| 23(1) | Selling loose tobacco not in a package | 4 | 140 |
| 23(2) | Selling loose tobacco in a package containing less than 25g | 4 | 140 |
| 23A(1) | Selling loose smoking blend not in a package | 4 | 140 |
| 23A(2) | Selling loose smoking blend in a package containing less than 15g | 4 | 140 |
| 26A(1) | Having unauthorised smoking product display | 4 | 140 |
| 26A(2) | Having unauthorised smoking product advertising other than at a retail outlet | 4 | 140 |
| 26A(3) | Having unauthorised smoking product advertising at a retail outlet | 4 | 140 |
| 26HC(1) | Failing to display a mandatory sign at the relevant point of sale | 2 | 20 |
| 26L(1) | Supplying an object or entitlement that promotes a smoking product, smoking products trademarks, brand names or the manufacture or distributor of a smoking product in association with the smoking product | - | 140 |
| 26M(1) | Supplying an object or entitlement in association with the sale or consumption of a smoking product or smoking products generally | - | 140 |
| 26N(1) | Supplying smoking product giveaways | - | 140 |
| 26O(1) | Conducting a competition that promotes a smoking product, smoking products trademarks, brand names or the manufacture or distributor of a smoking product in association with the smoking product | - | 140 |
| 26P(1) | Conducting a competition associated with the sale or consumption of a smoking product or smoking products generally | - | 140 |
| 26PA(1) | Displaying an image that promotes a person or thing consuming, using or being associated with smoking product at a retail outlet | - | 140 |
| Vending machines | |||
| 15(1) | Locating a tobacco product vending machine illegally | 2 | 70 |
| 15A | Failing to undertake prevention measures, including failing to provide training to employees | 4 | 40 |
| 16 | Allowing a child to obtain a tobacco product from a tobacco product vending machine | - | Up to 140 |
| 18(1) | Supplying personal vaporisers, personal vaporiser related products, herbal cigarettes or a loose smoking blend to another person from a vending machine | - | Up to 140 |
| 26IA | Having unauthorised smoking product advertising or display in, or on, a tobacco product vending machine | 4 | 140 |
| 26IF | Failing to display a mandatory sign on or near each tobacco product vending machine | 2 | 20 |
| Product sales to children | |||
| 10(1) | Supplier selling smoking products to a child | - | Up to 420 |
| 11(1) | Failing to ensure that employees do not supply smoking products to a child | - | Up to 420 |
| 12(2) | Employee selling smoking products to a child | - | Up to 40 |
| Prohibited products | |||
| 26ZQ(1) | A person selling, supplying as a part of a business activity, or displaying in or near a shop, a bong or component of a bong | 4 | 140 |
| 26ZPF(1) | A person selling, supplying as part of a business activity, or displaying in or near a shop an ice pipe or component of an ice pipe | 4 | 140 |
| 26ZQA(1) | A person displaying more than the prescribed number of hookahs in a shop | 4 | 140 |
| 26ZR | A person without lawful authority or excuse, supplying a smokeless tobacco product to another person | 4 | 140 |
| 26ZT | A person selling a cigarette that is confectionary - flavoured or fruit-flavoured | - | 140 |
| 26ZS | Supplying objects, other than a tobacco product, that resemble tobacco products | - | 140 |
Last updated: 29 July 2022
