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Penalties, fines and enforcement

Legislation and enforcement

Queensland's tobacco laws are governed by 2 sets of legislation:

They are primarily enforced by Queensland Health Environmental Health Officers (EHOs), who can:

  • issue individuals warnings and on-the-spot fines
  • issue businesses improvement notices, warnings and on-the-spot fines
  • initiate legal proceedings for breaches of the tobacco laws
  • respond to complaints
  • inspect premises
  • provide advice about the tobacco 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 tobacco sales to children and 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.

Queensland Parks and Widelife Service Rangers have powers to enforcing smoking bans in Queensland National Parks.

Call 13 QGOV (13 74 68) for:

  • information about Queensland's existing tobacco laws
  • help for tobacco retailers and liquor licensed venue managers to understand and comply with the laws
  • free copies of signs and forms required by legislation.

Reporting a possible breach

Call 13 QGOV to report:

  • a person or business that may be in breach of the tobacco laws for outdoor or enclosed areas, tobacco retailing or eating and drinking venues
  • sale or possession of electronic cigarettes containing liquid nicotine.

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 tobacco products, the current penalty unit amount is set at $121.90. This is effective from 1 July 2016.

For more information on current fines and penalty amounts, call 13 QGOV (13 74 68).

Outdoor public areas

On-the-spot fines

Section of the Act Offence description Who can be fined Penalty unit
Outdoor places   
S26ZJ Smoking within 5 metres of a non-residential building entrance

Smoker

2

S26ZK Smoking within 10 metres of children’s outdoor playground equipment

Smoker

2

S26ZH Smoking at a patrolled beach area

Smoker

2

S26ZI Smoking at a prescribed outdoor swimming area (ie artificial beach)

Smoker

2

S26ZE Smoking at a major sports facility

Smoker

2

S26VI, S26ZL Failing to stop smoking in any of the above outdoor no-smoking areas 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 5metres 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 boundary of an early childhood education and care facility

Smoker

2

26VV Failure of a person to stop smoking at an ECEC 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 boundary of a residential aged care facility, when directed to do so by an authorised person

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

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

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
26VB Smoking in a motor vehicle being used for business use if anyone else is in the vehicle

Smoker

2

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
S26S Failing to display the no-smoking sign at the entrance to the liquor licensed premises Occupier (licensee)

2

S26R(1) Smoking in an enclosed area Smoker

2

S26U(1) Not stopping smoking in an enclosed area when directed to do so by an authorised person Smoker

2

S26V(1) Allowing a person to smoke in an enclosed place Occupier (licensee)

10

S26X(1) Smoking at an outdoor eating or drinking area Smoker

2

S26Y(1) Not stopping 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
S26V Allowing smoking in an enclosed area Occupier (licensee)

140

S26U(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
S26Z(1) Allowing smoking in an outdoor eating or drinking area Occupier (licensee)

140

S26Y(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

S26ZA(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

S26ZB(2) Failing to ensure that at a DOSA, food or drink is not served; food is not consumed; entertainment is not provided; gaming machines
are not provided
Occupier (licensee)

140

S26ZB(3) Failing to ensure a DOSA and its buffers are compliant Occupier (licensee)

140

S26ZB(4) Failing to comply with requirements for a Smoking Management Plan Occupier (licensee)

70

S26ZB(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

On-the-spot fines

Section of the Act Offence description Who can be fined Penalty unit
Enclosed area
S26R(1) Smoking in an enclosed area

Smoker

2

Outdoor eating or drinking area
S26X(1) Smoking at an outdoor eating or drinking area

Smoker

2

Outdoor places
S26ZJ Smoking within 4 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
S26V Allowing smoking in an enclosed area Occupier (licensee)

140

S26U(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
S26Z(1) Allowing smoking in an outdoor eating or drinking area Occupier (licensee)

140

S26Y(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

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
S26R(1) Smoking in an enclosed area

Smoker

2

S26U(1) Not stopping smoking in an enclosed area when directed to do so by an authorised person

Smoker

2

Outdoor eating or drinking area
S26X(1) Smoking at an outdoor eating or drinking area

Smoker

2

S26Y(1) Not stopping smoking in an outdoor eating or drinking area, when directed to do so by an authorised person

Smoker

2

Outdoor places
S26ZK Smoking within 10 metres of children’s outdoor playground equipment

Smoker

2

Court fines

Section of the Act Offence description Who can be fined Penalty unit (maximum)
Enclosed area
S26V Allowing smoking in an enclosed area Occupier (licensee)

140

S26U(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
S26Z(1) Allowing smoking in an outdoor eating or drinking area Occupier (licensee)

140

S26Y(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

Tobacco 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 tobacco 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

4

140

23(1) Selling loose tobacco not in a package

4

140

23(2) Selling loose tobacco in a package containing less than 15g

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 Failing to display a mandatory sign at the relevant point of sale

2

20

26L Supplying an object or entitlement that promotes a smoking product

-

140

26M Supplying an object or entitlement in association with the sale or consumption of a smoking product

-

140

26N Supplying smoking product giveaways

-

140

26O Conducting a competition that promotes a smoking product

-

140

26P Conducting a competition associated with the sale or consumption of a smoking product

-

140

S26PA Displaying an image that promotes a smoking product at a retail outlet

-

140

26ZS Supplying food or toys that resemble tobacco products

-

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 about tobacco product
vending machine

4

20

16 Allowing a child to obtain cigarettes from a tobacco 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 Supplier selling smoking products to a child

-

Up to 420

11 Failing to ensure that employees do not supply smoking products to a child

-

Up to 420

12 Employee selling smoking products to a child

-

Up to 420

Ice pipes, bongs and hookahs
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

26ZPA(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 A person displaying more than the prescribed number of hookahs in a shop

4

140

Last updated: 18 August 2016