Smoke-free enclosed public areas
Note that, from 31 March 2019, changes to the Tobacco Products Regulation Act 1997 will commence. For more information go to the Smoking, the rules and regulations page.
Smoking is banned in all enclosed or indoor public places, shared areas and workplaces. Banning smoking in enclosed public areas protects the community from the harmful effects of passive smoking.
From 31 March 2019, it is also an offence to use an e-cigarette in an enclosed public area, shared area or workplace.
An area is enclosed if it is fully or partially enclosed by a ceiling/roof and walls such that the combined area of the ceiling and the wall surface exceeds 70% of the total ceiling/wall space.
Materials such as shade sails, umbrellas, shade cloth, lattice and
A public place or public area is something that is open to, or used by the public, whether access is unrestricted or subject to payment of money, membership of a body or otherwise. For example, the following enclosed public places must be smoke-free:
- shopping malls
- hospitality venues including pubs, clubs, restaurants, cafes and the casino
- enclosed sports or recreation areas
- other enclosed workplaces.
In some residential facilities, for
- enclosed stairwells, car parks, foyers or corridors
- laundries, kitchens or common rooms
Can people smoke around the entrances to businesses and shopping centres?
There is no legislation banning people from smoking outside the front of businesses,
Will there be signage to alert people that that smoking is not permitted in enclosed public areas?
To inform the public and to reduce the likelihood of non-compliance and associated penalties for premises and the public, owners and operators should display no-smoking signage to indicate where smoking is not permitted.
Can a person smoke inside private premises?
If the premises is a private residence, for
Can prisoners smoke inside?
Areas defined as workplaces or shared areas, such as kitchens, dining areas, industrial workshops and laundries, must be smoke-free. Sleeping or living areas of prisons are defined as residential premises and are not required to be smoke-free under this legislation.
All South Australian prisons and prison grounds will be
How do I report a breach of this legislation?
You should first notify your concern to a staff member at the venue.
You can also report a suspected breach by contacting SA Health’s Health Protection Operations.
How is this enforced?
Authorised officers under the Tobacco Products Regulation Act 1997 are responsible for enforcing this law.
Both the occupier of the premises and the person smoking can be fined. Maximum fines are:
- occupier - $1250
- person smoking - $200
For further information on smoke-free areas, contact SA Health's Health Protection Operations on:
- email: HealthProtectionOperations@sa.gov.au
- phone: (08) 8226 7100.