Tobacco and Other Smoking Products Act 1998!

The Queensland Parliament is considering amendments to the Tobacco and Other Smoking Products Act 1998 (Tobacco Act), proposed to prohibit smoking at public and private hospitals and health facilities, and state and non-state schools, and within 5 metres of their boundaries.


The changes to the legislation may also affect residential aged care facilities given that a “residential premisesmeans premises used, or intended to be used, as a place of residence or mainly as a place of residence.  The new laws would come into effect on 1 January 2015.

For Queensland hospital and health facilities, the proposed new no-smoking laws will apply to:

  • land on which any Queensland Health Hospital and Health Service provides health services, such as a hospital campus, community health centre or residential aged care facility
  • land on which a private health facility (private hospitals and day hospitals) provides services
  •  a 5 metre no-smoking buffer around the land on which the above health services are provided. (The 5 metre no-smoking buffer will not extend into residential or business premises that a share a boundary with health service land).

A Health Facility under these changes is defined as “a service for maintaining, improving, restoring or managing people’s health and wellbeing”.

Amendments have also been proposed to capture electronic cigarettes within the Tobacco Act so that they will be subject to the same laws as regular cigarettes.

This will mean devices commonly known as electronic cigarettes cannot be:

  • used in existing non-smoking indoor and outdoor areas
  • sold to children under 18 years of age
  • advertised, promoted or displayed at retail outlets.

For more information go to the proposed amendments to the Tobacco Act – Part 8 of the Health Legislation Amendment Bill 2014 (PDF, 450KB).  And the Current tobacco laws in Queensland

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