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Term --FCTC-Based Definition Australia
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Not Defined
No
Analysis

There is no national legislation addressing smoking in workplaces and therefore the term “workplace” is not defined in national law. In Australia, restrictions and prohibitions on smoking in workplaces generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “workplace.”

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

There is no national legislation addressing smoking in public transportation in general (although there are laws addressing smoking on interstate buses and on aircraft); therefore the term “public transport” is not defined in national law. In Australia, restrictions and prohibitions on smoking in public transportation generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “public transport.”

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

There is no national legislation addressing smoking in public places, workplaces, and public transport, and therefore the term “second hand smoke” is not defined in national law. In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Not Defined
No
Analysis

There is no national legislation addressing smoking in public places, workplaces, and public transport, and therefore the terms “smoking” or “smoke” are not defined in national law. In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “smoking” or “smoke.”

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

There is no national legislation addressing smoking in public places and therefore the term “public place” is not defined in national law. In Australia, restrictions and prohibitions on smoking in public places generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “public place.”

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Not Defined
No
Analysis

There is no national legislation addressing smoking in public places, workplaces, and public transport, and therefore the term “tobacco product” is not defined in national legislation pertaining to smoking. However, “tobacco product” is defined in legislation pertaining to advertising, promotion and sponsorship of tobacco products and tobacco packaging and labeling. In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “tobacco product.”

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

There is no national legislation addressing smoking in indoor places and therefore the terms “indoor” or “enclosed” are not defined in national law. In Australia, restrictions and prohibitions on smoking in indoor places generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “indoor” or “enclosed.”

Not Applicable
Not Applicable
Australia
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Most of the States and Territories ban smoking in all indoor workplaces. However, one or more jurisdictions permits smoking in private gaming areas within a bar, club or hotel, high roller rooms at casinos, hotel guest rooms, and in designated areas in mental health facilities, all of which are a workplace for some people. For this reason, the regulatory status “Smoking is Restricted,” rather than “100% Smoke Free,” is given for all indoor workplaces.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Most of the States and Territories ban smoking all indoor public places. However, one or more jurisdictions permits smoking in private gaming areas within a bar, club or hotel, in high roller rooms in casinos, and in hotel guest rooms. For this reason, the regulatory status “Smoking is Restricted,” rather than “100% Smoke free,” is given for indoor public places.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in public transport. In addition, national law bans smoking on aircraft, interstate trains, and federally registered buses.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Australian Public Service Commission adopted a smoke free work environment policy in 1988, which applies to all Commonwealth workplaces. Therefore, federal government facilities are smoke free. In addition, all States and Territories have adopted laws that prohibit smoking in state and territorial government buildings.

The laws align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Most of the States and Territories ban smoking in all indoor workplaces, which is interpreted to include private offices in office buildings. For this reason, the regulatory status “100% Smoke Free” is given for all private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in stores and shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stores and shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Australian Public Service Commission adopted a smoke free work environment policy in 1988, which applies to all Commonwealth workplaces. Therefore, cultural facilities operated or owned by the federal government are smoke free. In addition, all States and Territories ban smoking in cultural facilities within their jurisdiction.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in bars, pubs, and restaurants. However, the law of the State of New South Wales contains an exemption that permits smoking in private gaming rooms in clubs and bars. For this reason, the regulatory status “Smoking is Restricted” is given, rather than “100% Smoke Free.”

The sub-national law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not require 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the State of New South Wales should remove the exemption permitting smoking in private gaming areas in bars and clubs.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories restrict or prohibit smoking in casinos. However, several jurisdictions permit smoking in high roller rooms at a casino. For this reason, the regulatory status “Smoking is Restricted” is given, rather than “100% Smoke Free.”

Some sub-national laws do not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because they do not require 100% indoor smoke free workplaces and public places and therefore do not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the jurisdictions that permit smoking in high roller rooms should remove the exemption.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in public areas of hotels and other lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and other lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. One or more of the States and Territories permits smoking in designated guest rooms of hotels and other lodging.

Some sub-national laws do not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because they do not require 100% indoor smoke free workplaces and public places and therefore do not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, sub-national jurisdictions should prohibit smoking in guest rooms of hotels and other lodging.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Some States prohibit smoking in prisons with the exception of prison cells and outside exercise yards. Because we do not have information on how all States and Territories regulate smoking in public areas of prisons, we have given the regulatory status “Uncertain.”

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under national regulations, smoking is prohibited in interstate trains and registered buses. Other ground transportation is regulated by the States and Territories. All States and Territories prohibit smoking on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories ban smoking in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in all aircraft under national regulations.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

There is no national law addressing smoking in commercial watercraft. In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. All of the States and Territories prohibit smoking in public transportation, which would include commercial watercraft if it exists in a State or Territory.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Under national regulations, an airport operator may designate smoking areas in airports. However, almost all States and Territories prohibit smoking in airports. Smoking is prohibited in all other public transport facilities under State and Territory law prohibiting smoking in public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to airports.

Not Applicable
Not Applicable
Australia
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Australia
Post signs
Yes
Yes
Analysis

The federal Air Navigation Regulations require operators of aircraft to post signs indicting smoking is prohibited. The penalty for a violation is $2500.

The federal Airport Regulations require an airport operator company to post signs in no-smoking areas. The penalty for a violation is not specified.

The Interstate Road Transport Regulations require the owner of a registered bus to post no-smoking sings. The penalty for a violation is 5 penalty units.

States and Territories have jurisdiction over smoking in places other than aircraft, airports, and interstate buses. All States and Territories have laws that prohibit or restrict smoking. These laws may require that no-smoking signs be posted and may impose varying fines for violations. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database.

Not Applicable
Not Applicable
Remove ashtrays
Uncertain
Uncertain
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Laws of the States and Territories may impose a duty to remove ashtrays. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database; therefore, the regulatory status “Uncertain” is given.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Uncertain
Uncertain
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Laws of the States and Territories may impose a duty on business owners or supervisors to take steps to require a person to stop smoking. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database; therefore, the regulatory status “Uncertain” is given.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

A duty is imposed upon smokers not to smoke on aircraft. The penalty for a violation is $500.

A duty is imposed upon smokers not to smoke where prohibited in an airport. The penalty for a violation is 5 penalty units.

A duty is imposed upon smokers not to smoke on interstate buses. The penalty for a violation is 5 penalty units.

In other places, the laws of States and Territories govern smoking prohibitions and fines. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database and therefore fines in sub-jurisdictions are not specified here.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Australia
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable