Enforcement of smoking laws
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, on-the-spot fines and short-term closure orders
- seize prohibited and compromised products
- 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 EHO, you are required by law to provide your correct name and address to the officer. The officer will usually be in uniform and will show an identification card before asking any questions.
Police officers have powers to address smoking product sales to children, smoking and vaping in vehicles where children are present, and enforce laws relating to illicit tobacco and illicit nicotine products.
Smoke-free vehicles
Smoking in cars carrying children under the age of 16 years is illegal in Queensland. Smoking includes the use of electronic cigarettes.
Anyone caught smoking in a vehicle where a child is present will be issued with an on-the-spot fine of 2 penalty units. Police officers or Queensland Health authorised officers must observe smoking occurring in a vehicle where children under 16 are present to issue a fine. Fines cannot be issued based on community reports, even when a vehicle's number plate is reported to Queensland Health.
The purpose of this legislation is to reduce the exposure of young children to second-hand smoke from tobacco and other smoking products in the confined environment of a vehicle and aims to prevent or reduce the number of parents, carers, older friends and siblings, smoking in motor vehicles with children present.
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 illicit nicotine products (including vapes and nicotine pouches)
- sale or possession of illicit tobacco
- businesses supplying smoking products without a valid licence.
All reports of possible breaches will be investigated and if proven, on-the-spot fines, seizures of items or prosecutions may follow.
Queensland Health does not disclose details of individual investigations and operations to the community. Some reported breaches take time to investigate. Making multiple reports about the same matter is not necessary.
There are various outdoor public areas where smoking and vaping are banned. But you may witness smoking and related behaviours that are not a breach under the Tobacco and Other Smoking Products Act.
- Smoking in private residential premises is not prohibited except in enclosed common areas of multi-unit residential accommodation, such as foyers and enclosed stairwells. The laws do not regulate what a person does in their private home, including the outside area.
- Smoking onboard buses and trains and at busway stations and railways is regulated by the Department of Transport and Main Roads. You can report smoking on public transport and at train stations via the Translink website – select 'onboard experience' and then 'passenger behaviour'.
- Cigarette butt littering is not regulated by the Tobacco and Other Smoking Products Act. Use this online form to report littering and illegal dumping.
Queensland Health officers cannot take enforcement action in these circumstances.
Need more information?
Call 13 QGOV (13 74 68) to:
- find out more about Queensland's smoking laws
- report a possible breach of the legislation
- find out about fines and penalties
- get free signs and forms required by legislation
Body worn cameras
Body worn cameras (BWCs) are used by Queensland Health authorised officers while conducting compliance activities under Queensland public health legislation. The BWCs capture video and audio recordings of the authorised officer’s interactions with members of the community and their surroundings.
Use of BWCs during inspections
BWCs are worn openly on the authorised officer’s uniform, but they are not always recording. BWCs are activated by authorised officers when compliance activities are being undertaken. When not recording the BWC is in standby mode but can still record up to two minutes of footage prior to the recording function being activated. Authorised officers will activate their BWC in the following circumstances:
- gathering evidence during an inspection at smoking product retailers or other premises
- to provide context and information where there are subsequent allegations of inappropriate behaviour (from any party)
- where there is a risk to the personal safety of the authorised officer or other persons while compliance activities are being undertaken.
Where an authorised officer records a compliance activity using their BWC, they will make reasonable attempts to advise people directly involved in the compliance activity.
Storage and retention of footage
Authorised officers will upload footage recorded on their BWCs to a secure digital evidence management system. All data is encrypted and only available to authorised officers. All access to BWC footage is tracked and auditable. Footage collected in the execution of an authorised officer’s duty is a ‘record’ under the Public Records Act 2002 and managed accordingly.
Use and disclosure of footage
Authorised officers may use and disclose BWC footage to progress compliance monitoring and enforcement activities. Footage may be used and disclosed for investigations and prosecutions under public health legislation. It may also be used in proceedings relating to the review of administrative decisions. In these cases, disclosure will normally be made to the lawyers involved in the case and to the court or tribunal.
Authorised officers may also disclose footage to State or Federal law enforcement agencies where such disclosure is authorised under the Information Privacy Act 2009. Authorised officers may also disclose footage where it is authorised by law, including in response to a notice to produce or under the Right to Information Act 2009. When disclosing footage, an authorised officer can, as required, produce redacted or edited copies of footage without compromising the original footage. This will be to protect privacy or for other considerations. The original file of the footage can never be overwritten or altered.
Obtaining a copy of footage
To obtain a copy of the BWC footage captured by an authorised officer, you will be required to complete and submit a right to information (RTI) request. You may be charged a fee for processing your request.
Contact the RTI decision maker at the Hospital and Health Service (HHS) or the Department of Health where you believe the relevant documents are held to confirm the application process. If you are unsure, the Department of Health contact can assist you.
Health’s privacy policy
Read our privacy policy for more information on how to access or correct your personal information, how to make a privacy complaint, or how your information may be used or disclosed for purposes beyond those described in this statement.