It is illegal to smoke in designated non-smoking areas in the ACT.
If you do, you face fines of $750. The fine increases to $3000 if you have been told to stop smoking by a police officer or the building occupier and you don’t stop.
What is a ‘non-smoking area’ in the ACT?
Enclosed public places
There are many places that fall into this category: businesses, cinemas or theatres, clubs and hotels, community centres, government premises, nursing homes, libraries, churches, public transport vehicles, restaurants, schools, shopping centres and sporting venues.
Outdoor eating or drinking places
These are places like restaurants, cafés, food courts, or bars. It is illegal to smoke in these places while food or drink is being served, or while there is cleaning going on.
But if the owner has put up a sign designating a certain area as an ‘outdoor smoking area’ then you can smoke there!
Play equipment
This includes 10 metres around play equipment provided by the ACT government, such as play equipment in parks.
When am I actually ‘smoking’?
‘Smoking’ includes actually smoking an ignited smoking product, or just holding the smoking product while it is ignited! Smoke includes vapour from a personal vaporiser.
Disclaimer
The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on 1800 787 529 or info@streetlaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 6 June 2018.