Smoking, the rules and regulations
Smoke-free areas
The health effects of passive smoking have become well known in recent years. Passive smoking can cause a number of serious illnesses including heart disease, stroke, lung cancer and nasal sinus cancer. For more information on the effects of smoking, see the Risks of smoking page.
Community support for smoke-free, safe and healthy environments is very high. As a result, many South Australian public areas have become voluntarily smoke-free over the past decade, including some outdoor events. However, the Tobacco and E-Cigarette Products Act 1997 (the Act), has also mandated smoke-free areas, including:
- outdoor dining areas
- enclosed public areas and workplaces
- near playground equipment in a public area
- motor vehicles when a child under 16 years is present
- certain public areas such as Henley Square, Moseley Square, Glenelg, Royal Adelaide Show, near The Parade, Norwood.
- within early childhood services premises, and education and children’s services facilities (including schools), and within 10 metres of their boundaries
- at and within 10 metres of non-residential building entrances, such as entrances to shopping centres, government and commercial buildings
- within public hospitals, public health facilities, private hospitals and residential aged care facilities, and within 10 metres of their boundaries
- at outdoor swimming facilities
- within major event venues declared under the Major Events Act 2013
- at and within 10 metres of a sporting venue during an organised underage sporting event or training or practice session in preparation for an organised underage sporting event
- on beaches between, and within 50 metres of, red and yellow patrol flags, and at and within five metres of any part of jetties (including under jetties).
For more information on the smoke-free areas visit, new smoke-free and vape-free outdoor area laws page.
Who needs to comply
The Tobacco and E-Cigarette Products Act of 1997 imposes responsibilities on both individuals (i.e smokers) and occupiers (e.g landlords) who may have control of smoke-free areas.
Individuals are required to abstain from smoking in areas designated as smoke-free. This includes tobacco and e-cigarette products.
The term 'occupier' refers to owners, landlords, proprietors, or anyone in control of a facility, service, building, event, or public space that has been designated as a smoke-free area. Occupiers are required to install “no smoking” signs in smoke-free areas and are advised to be aware of their obligations under Part 4 of the Act and the Tobacco and E-Cigarette Products Regulations 2019.
Occupiers can find more information on the smoke-free and vape-free outdoor area laws page.
Both individuals and occupiers may incur penalties or fines for non-compliance with smoke-free laws.
Lodging a complaint
You can complete the online Smoke-free area form to report a breach of the smoke-free laws.
For more information
For further information on smoke-free requirements, contact public.health@sa.gov.au.