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
- seize prohibited 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 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, smoking and vaping in vehicles where children are present, and enforce laws relating to illicit smoking products.
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.
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
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, please visit Privacy | Queensland Health.
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 will need to observe the offence occurring in order to issue a fine.
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
- unlicensed businesses
All possible breaches reported will be investigated and if a breach is 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.
You may witness smoking and related behaviours that are not a breach under the Tobacco and Other Smoking Products Act 1998.
- 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 1998. Use this online form to report littering and illegal dumping.
Queensland Health officers are not able to take enforcement action in these circumstances.
Current fines and penalties
For smoking products, the current penalty unit amount is set at $166.90. Effective from 1 July 2025.
Outdoor places
| Section of the Act | Offence description | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|
| 122(1) | A person smoking at a major sports facility | 2 | 20 |
| 123(1) | An occupier of a major sports facility allowing a person to smoke at a major sports facility | - | 140 |
| 125(1) | A person must not smoke at a major event facility | 2 | 20 |
| 126(1) | A major event organiser allowing a person to smoke at a major event | - | 140 |
| 127(1) | A person smoking at a health facility | 2 | 20 |
| 127(2) | A person smoking on land within the 5 metres beyond the boundary of a health facility | 2 | 20 |
| 128(1) | A person smoking at a school facility | 2 | 20 |
| 128(2) | A person smoking on land within 5 metres beyond the boundary of a school facility | 2 | 20 |
| 129(1) | A person smoking at a public swimming facility | 2 | 20 |
| 130(1) | A person smoking at an early childhood education and care facility | 2 | 20 |
| 130(2) | A person smoking on land within 5 metres beyond the boundary of an early childhood education and care facility | 2 | 20 |
| 131(1) | A person smoking at a residential aged care facility | 2 | 20 |
| 131(2) | A person smoking on land within 5 metres beyond the boundary of a residential aged care facility | 2 | 20 |
| 140(1) | A person smoking within a government precinct | 2 | 20 |
| 141(1) | A person to smoking at an outdoor market | 2 | 20 |
| 142 (1) | A person smoking within 5 metres of a clearly designated entrance or exit of an outdoor market | 2 | 20 |
| 143(1) | An organiser of the outdoor market allowing a person to smoke at an outdoor market | - | 20 |
| 144(3) | An organiser of the outdoor market failing to ensure the area of the outdoor market set aside for smoking is compliant | 4 | 140 |
| 145(1) | A person smoking at a patrolled beach | 2 | 20 |
| 146(1) | A person smoking at a prescribed outdoor swimming area | 2 | 20 |
| 147(1) | A person smoking within 5 metres of an entrance to an enclosed place | 2 | 20 |
| 148(1) | A person smoking within 10 metres of children’s playground equipment | 2 | 20 |
| 149(1) | A person smoking at an outdoor pedestrian mall | 2 | 20 |
| 150(1) | A person smoking at a public transport waiting point | 2 | 20 |
| 150(2) | A person smoking on land within 5 metres beyond a public transport waiting point, unless the person has a reasonable excuse | 2 | 20 |
| 151(1) | A person smoking within 10 metres of any part of a skate park | 2 | 20 |
| 152(1) | A person smoking at a sporting ground or the viewing area for a water sport during an under-18 sporting event or training or practice session | 2 | 20 |
| 152(2) | A person smoking on land being used for an organised children’s activity | 2 | 20 |
| 152(3) | 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 or land being used for an organised children's activity | 2 | 20 |
| 153(1) | A person smoking at a national park, or part of a national park, prescribed by regulation | 2 | 20 |
| 223(1) | A person failing to stop smoking under section 222 when directed to do so by an authorised person | 2 | 20 |
Smoke-free motor vehicles
| Section of the Act | Offence description | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|
| 116 | A person smoking in a motor vehicle being used for business if another person is in the vehicle | - | 20 |
| 117 | A person smoking in a motor vehicle if a person under 16 is in the vehicle | 2 | 20 |
Indoor public areas
| Section of the Act | Offence description | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|
| 112(1) | A person smoking in an enclosed area | 2 | 20 |
| 115(1) | An occupier allowing a person to smoke in an enclosed place | 10 | 140 |
| 223 | A person failing to stop smoking under section 112 when directed to do so by an authorised person | 2 | 20 |
Hotels, clubs and casinos (venues with a commercial hotel, community club or commercial special facility liquor-licence)
| Section of the Act | Offence description | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|
| Enclosed areas | |||
| 112(1) | A person smoking in an enclosed place (excluding a premium gaming room) | 2 | 20 |
| 113(2) | A liquor licensee failing to display the no smoking sign at the entrance to the liquor licensed premises | 2 | 20 |
| 114(2) | A person conducting an on-site food service providing food or drink to a person who continues to smoke in an enclosed place after being directed to stop | 4 | 140 |
| 115(1) | An occupier of the enclosed place allowing a person to smoke in an enclosed place | 10 | 140 |
| 223(1) | A person failing to stop smoking under section 222, when directed to do so by an authorised person | 2 | 20 |
| Designated outdoor smoking areas (DOSA) | |||
| 137(4) | A liquor licensee designating an outdoor smoking area that does not comply with section 137 | - | 140 |
| 138(2) | A liquor licensee failing to ensure that in the designated outdoor smoking area - no food or drink is served, no food is consumed, no entertainment is offered and there are no gaming machines | - | 140 |
| 138(4) | A liquor licensee failing to ensure the designated outdoor smoking area and buffers comply with section 137(5)-(8) | - | 140 |
| 138(5) | A liquor licensee failing to prepare and maintain a Smoking Management Plan | - | 70 |
| 138(6) | A liquor licensee allowing smoking at an outdoor licensed area of the premises other than at the DOSA | - | 140 |
Eating and drinking venues including non-liquor licensed food and drink businesses, liquor licensed restaurants and other liquor licensed premises
| Section of the Act | Offence description | On-the-spot fine (penalty units) | Max penalty in court (penalty units) | ||
|---|---|---|---|---|---|
| Enclosed areas | |||||
| 112(1) | A person smoking in a non-exempt enclosed place | 2 | 20 | ||
| 114(2) | A person conducting an on-site food service providing food or drink to a person who continues to smoke in an enclosed place after being directed to stop | 4 | 140 | ||
| 115(1) | An occupier of the enclosed place allowing a person to smoke in an enclosed place | 10 | 140 | ||
| 223(1) | A person failing to stop smoking under section 222 when directed to do so by an authorised person | 2 | 20 | ||
| Outdoor eating or drinking places | |||||
| 133(1) | A person smoking at an outdoor eating or drinking area | 2 | 20 | ||
| 133(2) | A person smoking on land withing 5 metres beyond the boundary of an outdoor eating or drinking place | 2 | 20 | ||
| 134(5) | An occupier of an outdoor eating or drinking place failing to ensure the area of the outdoor eating or drinking place set aside for smoking is compliant | 4 | 140 | ||
| 135(2) | A person providing food or drink to a person in an outdoor eating or drinking area, when the person has continued to smoke and failed to comply with your direction to stop smoking | ||||
| 136(1) | An occupier allowing a person to smoke in an outdoor eating or drinking area other than in an area set aside for smoking | - | 140 | ||
| 223(1) | A person failing to stop smoking under section 222 when directed to do so by an authorised person | 2 | 20 | ||
| Smoking product retail supply, display and advertising | |||||
| 64(1) | A supplier failing to undertake prevention measures, including failing to provide training to employees about not supplying smoking products to under 18’s | 4 | 40 | ||
| 72 | A supplier selling smoking products from more than one point of sales at a retail outlet | 4 | 140 | ||
| 73(1) | A supplier selling a smoking product from a temporary retail store | 4 | 140 | ||
| 84(1) | A supplier failing to sell cigarettes or herbal cigarettes in a package | 4 | 140 | ||
| 84(2) | A supplier selling cigarettes or herbal cigarettes in packages of less than 20 cigarettes | 6 | 140 | ||
| 85(1) | A supplier selling loose tobacco not in a package | 4 | 140 | ||
| 85(2) | A supplier selling loose tobacco in a package containing less than 25g of loose tobacco | 4 | 140 | ||
| 86(1) | A supplier selling loose smoking blend not in a package | 4 | 140 | ||
| 86(2) | A supplier selling loose smoking blend in a package containing less than 15g of loose smoking blend | 4 | 140 | ||
| 90(1) | A supplier displaying a smoking product | 10 (individual) 50 (corporation) | 140 | ||
| 90(2) | A supplier having unauthorised smoking product advertising other than at a retail outlet or on an online shop | 10 (individual) 50 (corporation) | 140 | ||
| 90(3) | A supplier having unauthorised smoking product advertising at a retail outlet or on an online shop | 10 (individual) 50 (corporation) | 140 | ||
| 97(1) | A supplier failing to display a mandatory sign at the relevant point of sale | 2 | 20 | ||
| 97(2) | A supplier displaying more than one mandatory sign at the point of sale | 2 | 20 | ||
| 97(4) | A supplier displaying more than one permitted sign at the point of sale | 2 | 20 | ||
| 104(1) | A person supplying an object or entitlement that promotes a smoking product or a trademark or brand name of a smoking product | - | 140 | ||
| 105(1) | A person supplying an object or entitlement in association with the sale or consumption of a smoking product | - | 140 | ||
| 106(1) | A person supplying smoking product giveaways | - | 140 | ||
| 107(1) | A person conducting a competition that promotes a smoking product | - | 140 | ||
| 108(1) | A person conducting a competition associated with the sale or consumption of a smoking product | - | 140 | ||
| 109(1) | A supplier displaying an image that promotes a smoking product at a retail outlet | - | 140 | ||
| 109A(1) | A person, as part of a business activity, displaying an illicit nicotine product | 10 (individual) 50 (corporation) | 140 | ||
| 109A(2) | A person, as part of a business activity, advertising an illicit nicotine product | 10 (individual) 50 (corporation) | 140 | ||
| 109A(3) | A person, as part of a business activity, promoting an illicit nicotine product | 10 (individual) 50 (corporation) | 140 | ||
| 213(1) | A person failing to show an authorised person written evidence of employee training | 2 | 50 | ||
| 214 | A person failing to certify a copy of written evidence of employee training | 2 | 50 | ||
| Vending machines | |||||
| 75(1) | An occupier of a premise having a tobacco product vending machine in the premise | 2 | 70 | ||
| 76 | A person in charge of a vending machine failing to undertake prevention measures, including failure to provide training to employees about tobacco product vending machines | 4 | 40 | ||
| 78(2) | An employee failing to supply tobacco products to a customer at the point of sale for the liquor licensed premise | 4 | 140 | ||
| 80(1) | A person in charge of a vending machine supplying herbal cigarettes or a loose smoking blend from a vending machine | - | 70 (1st offence) 140 (2nd offence) | ||
| 98 | A person in charge of a vending machine having unauthorised tobacco product advertising or display in, or on, a tobacco product vending machine | 4 | 140 | ||
| 101 | A person in charge of a vending machine failing to display a mandatory sign on or near each tobacco product vending machine | 2 | 20 | ||
| 213(1) | A person failing to show an authorised person written evidence of employee training | 2 | 50 | ||
| 214 | A person failing to certify a copy of written evidence of employee training | 2 | 50 | ||
| Selling or giving smoking products to under 18s or by under 18s | |||||
| 66(1) | A supplier supplying smoking products to persons under the age of 18 | - |
140 (1st offence) 280 (2nd offence) 420 (3rd or later offence) | ||
| 67(1) | A supplier failing to ensure an employee does not supply smoking products to persons under the age of 18 | - |
140 (1st offence) 280 (2nd offence) 420 (3rd or later offence) | ||
| 68(1) | A supplier failing to ensure a child employee does not supply or handle smoking products |
140 (1st offence) 280 (2nd offence) 420 (3rd or later offence) | |||
| 69(2) | An employee supplying smoking products to a child or selling a smoking product where the supplier does not hold a licence to supply smoking products | - |
20 (1st offence) 40 (2nd offence) | ||
| 70(6) | A person failing to adhere to court order following conviction of supplying smoking products to person under the age of 18 | - | 420 | ||
| 77(1) | A person in charge of a vending machine in a liquor licensed premises allowing person under the age of 18 to obtain a tobacco product from a tobacco product vending machine | - |
70 (1st offence) 140 (2nd offence) | ||
| 79(5) | A person failing to adhere to court order following 2 convictions of allowing person under the age of 18 to obtain tobacco products from a tobacco product vending machine | - | 200 | ||
| 82(1) | An adult supplying smoking products to persons under the age of 18 | - | 140 | ||
| 83 | A person falsely representing themselves as being 18 years to obtain smoking products | - | 20 | ||
| Prohibited products | |||||
| 158(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 | 10 (individual) 50 (corporation) | 140 | ||
| 159(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 | 10 (individual) 50 (corporation) | 140 | ||
| 160(1) | A person displaying more than the prescribed number of hookahs in a shop | 4 | 140 | ||
| 161(1) | A person, as part of a business activity, supplying illicit tobacco |
200 (individual) 1000 (corporation) | 2000 or 2 years imprisonment, or both | ||
| 161(2) | A person, as part of a business activity, storing or possessing a commercial quantity of illicit tobacco |
100 (individual) 500 (corporation) | 1000 or 1 year imprisonment, or both | ||
| 161A(1) | A person, as part of a business activity, supplying an illicit nicotine product |
200 (individual) 1000 (corporation) | 2000 or 2 years imprisonment, or both | ||
| 161A(2) | A person, as part of a business activity, storing or possessing an illicit nicotine product |
100 (individual) 500 (corporation) | 1000 or 1 year imprisonment, or both | ||
| 161B(2) | A person supplying illicit tobacco or an illicit nicotine product at a retail outlet or a wholesale outlet or a premises where an illicit nicotine product is available for sale by retail or wholesale | 10 | 140 | ||
| 162 | A person supplying a smokeless tobacco product to another person | 4 | 140 | ||
| 163(1) | A person supplying objects, other than a tobacco product, that resemble tobacco products | - | 140 | ||
| 164(1) | A person selling a cigarette that is confectionary - flavoured or fruit-flavoured | - | 140 | ||
| Licensed retailers and wholesalers | |||||
| 46(2) | The licensee failing to give notice of a conviction within 14 days | - | 140 | ||
| 47(2) | The licensee failing to give notice of particular events within 14 days | - | 140 | ||
| 48(1) | The licensee failing to display a copy of licence at retail or wholesale outlet | - | 50 | ||
| 48(2) | Failure of the licensee to display a copy of licence on website of online shop | 2 | 50 | ||
| 48(3) | The licensee failing to provide licence for inspection when requested by an authorised person | 2 | 50 | ||
| 48(4) | The licensee failing to remove any display of licence after licence ceases to have effect | 2 | 50 | ||
| 49(2) | The licenced wholesaler failing to give the retailer an invoice for the sale of smoking products | - | 140 | ||
| 49(3) | The retailer failing to keep invoices for at least 2 years after being given the invoice for the sale of smoking products | - | 140 | ||
| 50(3) | The licensee failing to comply with written notice to provide Chief Executive with information requested | 2 | 50 | ||
| 51(1) | A licenced wholesaler selling smoking products to an unlicenced retailer | 20 (individual) 100 (corporation) | 1000 | ||
| 52(a) | A licensee purporting to sell or transfer the licence to someone else | - | 200 | ||
| 52(b) | A licensee notifying or advertising the licence is available for sale or transfer |
20 (individual) 100 (corporation) | 200 | ||
| 52(c) | A licensee allowing someone else to hold out that the person is the licence holder | - | 200 | ||
| 53(1) | A person providing false or misleading information regarding a licence or an application for a licence | - | 50 | ||
| 71(4) | A manufacturer or wholesaler failing to provide details of retail suppliers | - | 70 | ||
| Manufacturers and wholesalers of smoking products | |||||
| 71(4) | Failure of manufacturer or wholesaler to provide details of retail suppliers | - | 70 | ||
Other offences
| Section of the Act | Offence description | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|
| Supply to children | |||
| 82(1) | Adult supplying smoking products to a child | - | 140 |
| 83 | Child falsely representing being 18 years to obtain smoking products | - | 20 |
| Monitoring and enforcement | |||
| 188(1) | A person failure to help an authorised person when requested to do so | - | 50 |
| 189(1) | A person failing to give information to an authorised person when requested to do so | - | 50 |
| 191(5) | A person failing to provide name and address to authorised person when requested to do so | - | 50 |
| 192(5) | A person failing to provide evidence of age, name and address to authorised person when requested to do so | - | 5 |
| 200(1) | A person tampering with a seized thing without and authorised person’s approval | - | 50 |
| 200(2) | A person tampering with equipment made inoperable without and authorised person’s approval | - | 50 |
| 201(4) | A person failing to adhere to a direction about a seized thing given by an authorised person | - | 50 |
| 211(6) | A person failing to comply with an improvement notice | - | 50 |
| 215(3) | A person failing to provide information about an offence to an authorised person when requested to do so | 4 | 100 |
| 216(1) | A person providing false or misleading information to an authorised person | 4 | 50 |
| 217(1) | A person providing a document with false, misleading or incomplete information to an authorised person | - | 50 |
| 220(1) | A person pretending to be an authorised person | - | 50 |
| 221(1) | A person obstructing of an authorised person | - | 50 |
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