Application for a Declared Smoke-free Area
PDF 46 KB
Local councils and other incorporated bodies can apply to have an outdoor area or event declared smoke-free.
The Tobacco Products Regulation Act 1997 was renamed the Tobacco and E-Cigarette Products Act 1997 as of 31 March 2019, when changes to the legislation commenced including new laws for electronic cigarette (e-cigarette) products.
What is the purpose of this law
Sections 51 and 52 of the Tobacco and E-Cigarette Products Act 1997 allow local councils and other incorporated bodies to identify and apply to have certain outdoor areas or events declared no-smoking. This allows the area or event’s no-smoking status to be enforceable. This also includes the use of e-cigarettes in these areas.
Applications can be made by local councils and other incorporated bodies. Individuals can seek declarations through their local council.
Incorporated bodies include groups that run major events such as festivals, shows and music events.
Sometimes it may be impractical to totally prohibit smoking in an area, for example it may be difficult to manage pass-outs at ticketed events. In these instances applicants can specify areas where smoking will be allowed and this will be considered as part of the application.
Applications can be made for short or long-term areas and events.
Before making an application, please contact the Tobacco Control Unit to discuss your proposal.
See the application guide (PDF 377KB) for more information about the process.
For short term events the Minister for Health and Wellbeing has the power to declare a smoke-free area. Examples include:
Short term applications should be submitted at least eight weeks before the event.
Longer-term areas and events are able to be declared smoke-free by Regulation.
Applications need to be submitted at least six months before the required date.
Applications need to include:
Any person aged 15 years and over found smoking in a declared smoke-free area is guilty of an offence and can be fined up to $750. An expiation fee of $105 can be issued by authorised officers.
Local councils that apply for a smoke-free area are expected to demonstrate that they can enforce the smoke-free area by have having their own authorised officers under the Tobacco and E-Cigarette Products Act 1997.
Other event organisers are unable to apply to have authorised officers. Enforcement of the smoke-free area can be managed by staff and security officers asking patrons not to smoke and removing patrons from the event if they refuse to stop smoking. Staff and security officers cannot issue fines.
To make an application for officers to be authorised, download the Authorisation of a Local Government Officer Form (PDF 149KB).
All SA Police Officers are authorised to enforce the Tobacco and E-Cigarette Products Act 1997.
Contact Health Protection Operations for more information on authorised officers on telephone 08 8226 7100 or email: HealthProtectionOperations@sa.gov.au.
For more information on Declared smoke-free outdoor areas and events, contact Tobacco Control Unit, Drug and Alcohol Services South Australia on: