Smoking laws fines and penalties
Authorised Queensland Health officers can issue fines called penalty infringement notices (PINs) for various offences relating to the use, sale and supply of tobacco and other smoking products, including vapes.
As of 1 July 2026, the penalty unit amount is $172.70. This amount increases annually. For more information on current penalty amounts, call 13 QGOV (13 74 68).
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 | 4 | 140 |
| 138(4) | A liquor licensee failing to ensure the designated outdoor smoking area and buffers comply with section 137(5)-(8) | 4 | 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 | 10 | 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 | 4 | 140 | ||
| 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 | 10 (individual) 50 (corporation) | 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 |