Tougher Smoke-Free Laws Come Into Effect

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For years, smoking has become the subject of increasing government regulation – from where you can smoke, to where you can buy cigarettes and even what kind of packaging they can be supplied in.

Staggered legislation is squeezing smokers out of an growing number of public places, and in July, the latest in a long line of restrictions under the NSW Smoke-free Environment Act 2000 will be implemented.

All outdoor commercial areas to be smoke-free

As of 6 July this year, all outdoor commercial areas will be smoke-free. This includes:

  • Seated dining areas;
  • Within four metres of seated dining areas on licensed premises, or any restaurant or café; and
  • Within ten metres of any open-air food stall.

However, these rules do not prevent a restaurant from setting aside a special smoking area in their commercial premises, as long as business owners take reasonable steps to ensure that eating does not occur in that area.

Owners of restaurants and licensed premises must post signs which comply with the regulations around their outdoor areas, identifying them as ‘no smoking’ zones. The signs can be obtained for free from NSW Health.

No smoking within four metres of a ‘pedestrian access point’ to a building

Smokers will also no longer be allowed to smoke within four metres of a ‘pedestrian access point’ or pedestrian entry or exit point of a licensed premises or restaurant.

However, it is a defence to this provision if you were just passing through the area and did not remain in the smoke-free area while you were smoking.

What are the penalties?

As of 6 July 2015, individuals caught smoking in a commercial outdoor dining area could face on-the-spot fines of $300.

Business owners may face maximum fines of fifty penalty units (or $5,500), if someone is found smoking in their commercial outdoor dining area.

Further restrictions: smoke-free trial to start in Martin Place

A survey found that most users of Martin Place would prefer that area to be smoke-free. Because of this, Sydney City Council will be instituting a trial no-smoking period. This will involve rangers patrolling the area with ashtrays and asking smokers to put out their cigarettes.

The council said it would like to see the ban extended to Pitt St Mall next.

So where can’t I smoke?

With all these smoking restrictions in place, you might be wondering if it is legal to smoke anywhere anymore!

Smoking is banned in:

  • Shopping centres
  • Schools
  • Business premises
  • Libraries
  • Churches
  • Hospitals
  • In the car with a child aged under 16 years
  • Public swimming pools
  • Public transport stops and platforms or taxi ranks
  • Spectator areas at sportsgrounds or other areas used for sporting events
  • Within ten metres of children’s play equipment in outdoor public places
  • NSW national parks
  • Some beaches
  • In a commercial outdoor dining area (as of 6 July 2015)
  • Within four metres of an outdoor dining area (as of 6 July 2015)
  • Within ten metres of an open-air food stall (as of 6 July 2015)
  • Within four metres of a pedestrian access point to a public building (as of 6 July 2015)
  • Prisons are also due to become smoke-free in August 2015

And this list is not exhaustive. In addition to these laws, a number of local councils have introduced their own smoking bans – such as the trial in Martin Place which may well precede a legal ban – as well as many universities that have implemented a no-smoking policy.

It is worth keeping in mind that if you are charged with an offence relating to lighting up in a smoke-free zone, it is a defence if you did not know, and could not have reasonably have been expected to know that the area in which you were smoking was a smoke-free area.

However, since many areas are marked with clear signage stating that smoking is not allowed, this defence may not always be easy to establish.

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About Ugur Nedim

Ugur Nedim is an Accredited Specialist Criminal Lawyer and Principal at Sydney Criminal Lawyers®, Sydney’s Leading Firm of Criminal & Traffic Defence Lawyers.

One Comment

  1. Julie Kirk

    I am concerned about the number of people smoking outside of Tweed Heads shopping mall. Signs are clearly posted and I have been to Centre Management. Can the shopping centre owners be fined?
    Thank you

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