Smoke-Free Public Places Act 2003 (ACT)

Case

Smoke-Free Public Places Act 2003   

A2003-51

Republication No 9

Effective:  18 April 2025

Republication date: 18 April 2025

Last amendment made by A2025‑8

About this republication

The republished law

This is a republication of the Smoke-Free Public Places Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 April 2025It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 April 2025. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication includes amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Smoke-Free Public Places Act 2003

    Contents

    Page

    Part 1      Preliminary

    1            Name of Act  2

    3            Dictionary  2

    4            Notes  2

    5Offences against Act—application of Criminal Code etc 3

    Part 1A    Important concepts

    5A          Object  4

    5B          Meaning of smoke  4

    Part 2      Smoking prohibited in enclosed public places

    6            Offence to smoke in enclosed public place  6

    7           Offence to smoke in enclosed public place in contravention of direction     6

    8            Offence by occupier—person smoking in enclosed public place             7

    8A          Offence by occupier—permitting smoke into enclosed public place from another part of premises  7

    8AA         Offence by occupier—not displaying required signs  8

    9            Offence by neighbouring occupier  8

    Part 2A    Smoking prohibited in outdoor eating or drinking places

    Division 2A.1            General

    9A          Meaning of outdoor eating or drinking place  9

    Division 2A.2            Smoking prohibited—outdoor eating or drinking places

    9B          Offence to smoke in outdoor eating or drinking place  11

    9C          Offence to smoke in outdoor eating or drinking place in contravention of direction      11

    9D          Offence by occupier—person smoking in outdoor eating or drinking place 12

    9E          Offence by occupier—not displaying required signs etc  13

    Division 2A.3            Designated outdoor smoking areas

    9F          Designating outdoor smoking area  13

    9G          Licensee to notify commissioner of designated outdoor smoking area    15

    9H          Obligations of licensee—things not allowed in designated outdoor smoking area       16

    9I           Offence by occupier—permitting smoke from designated outdoor smoking area to enter another part of outdoor eating or drinking place  17

    9J          Smoking management plan  17

    Part 2B     Smoking prohibited at underage functions

    9K          Meaning of underage function—pt 2B  19

    9L          Smoking prohibited at underage function  20

    9M          Obligations on organiser of underage function  20

    9N          Offence to smoke at underage function in contravention of direction      21

    Part 2C     Smoking prohibited at declared smoke-free public places or events

    9O          Declaration of smoke-free public place or event  22

    9P          Signage  24

    9Q          Requirements for designated smoking areas  24

    9R          Obligations of occupier or manager—things not allowed in designated smoking area    25

    9S          Offence by occupier or manager—permitting smoke from designated smoking area to enter another part of public place or event  26

    9T          Offence to smoke at declared smoke-free public place or event           26

    9U          Offence to smoke at declared smoke-free public place or event in contravention of direction     27

    9V          Offence by occupier or manager—not displaying required signs           28

    Part 3      Enforcement

    10          Inspectors  29

    11          Identity cards for inspectors  29

    12          Power to give directions  30

    13          Power to enter premises  30

    14          Production of identity card  31

    15          Consent to entry  31

    16          General powers on entry to premises  32

    17          Power to require name and address  33

    18          Power to seize things  33

    19          Receipt for things seized  34

    Part 4      Miscellaneous

    20          Acts and omissions of representatives  35

    22          Regulation-making power  36

    Dictionary37

    Endnotes

    1            About the endnotes  39

    2            Abbreviation key  39

    3            Legislation history  40

    4            Amendment history  42

    5            Earlier republications  48

    Smoke-Free Public Places Act 2003

    An Act to prohibit smoking in certain public places, and for other purposes

    Part 1Preliminary

    1. Name of Act

      This Act is the Smoke-Free Public Places Act 2003.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

      For example, the signpost definition ‘gaming area—see the Gaming Machine Act 2004, dictionary.’ means that the term ‘gaming area’ is defined in that dictionary and the definition applies to this Act.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

      NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Offences against Act—application of Criminal Code etc

      Other legislation applies in relation to offences against this Act.

      Note 1Criminal Code

      The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

      Note 2Penalty units

      The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 1AImportant concepts

    5AObject

    The object of this Act is to promote public health by minimising the exposure of people to environmental smoke—

    (a)in enclosed public places; and

    (b)in outdoor eating or drinking places; and

    (c)at underage functions.

    5BMeaning of smoke

    (1)For this Act, smoke means—

    (a)smoke from an ignited tobacco product or herbal product; or

    (b)vapour from an activated personal vaporiser or vaping good.

    (2)For this Act, a person smokes if the person—

    (a)directly puffs, draws or inhales smoke or vapour, whether or not the person uses a device designed for the inhalation of smoke or vapour by a smoker; or

    (b)holds or has control over a smoking product while it is ignited or activated.

    Examples—devices—par (a)

    1     a cigarette holder

    2     a pipe (including a hookah, water pipe or bong)

    (3)However, a person does not smoke only because the person holds or has control over a smoking product if the person holds or has control over it for the purpose of extinguishing it, deactivating it or removing it from—

    (a)an enclosed public place; or

    (b)an outdoor eating or drinking place; or

    (c)an underage function.

    (4)In this section:

    herbal product—see the Tobacco and Other Smoking Products Act 1927, dictionary.

    personal vaporiser—see the Tobacco and Other Smoking Products Act 1927, section 3B.

    smoking product means any of the following:

    (a)a tobacco product;

    (b)a herbal product;

    (c)a personal vaporiser;

    (d)a vaping good.

    tobacco product—see the Tobacco and Other Smoking Products Act 1927, dictionary.

    vaping good—see the Tobacco and Other Smoking Products Act 1927, section 3C.

    Part 2Smoking prohibited in enclosed public places

    1. Offence to smoke in enclosed public place

      (1)A person commits an offence if the person smokes in an enclosed public place.

      Maximum penalty:  5 penalty units.

      (2)An offence against this section is a strict liability offence.

    2. Offence to smoke in enclosed public place in contravention of direction

      (1)A person commits an offence if—

      (a)the person smokes in an enclosed public place; and

      (b)an inspector, or the occupier of the place, directs the person to stop smoking in the enclosed public place; and

      (c)the person contravenes the direction.

      Maximum penalty:  20 penalty units.

      (2)An offence against this section is a strict liability offence.

      (3)A person does not commit an offence against this section if—

      (a)the direction was given by an inspector who is not a uniformed police officer; and

      (b)when asked by the person, the inspector does not produce the inspector’s identity card for inspection.

      NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    3. Offence by occupier—person smoking in enclosed public place

      (1)The occupier of an enclosed public place commits an offence if a person smokes in the enclosed public place.

      Maximum penalty: 10 penalty units.

      (2)An offence against this section is a strict liability offence.

      (3)The occupier does not commit an offence against this section if—

      (a)the occupier was not aware, and could not reasonably be expected to have been aware, that the person was smoking in an enclosed public place; or

      (b)the occupier directed the person to stop smoking in the enclosed public place and the person contravened the direction.

      NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    8AOffence by occupier—permitting smoke into enclosed public place from another part of premises

    The occupier of premises on which there is an enclosed public place commits an offence if the occupier fails to take reasonable steps to prevent smoke entering the enclosed public place from another part of the premises occupied by the occupier.

    Maximum penalty:  10 penalty units.

    8AAOffence by occupier—not displaying required signs

    (1)The regulations may prescribe requirements in relation to the display of ‘no smoking’ signs in enclosed public places.

    (2)The occupier of an enclosed public place commits an offence if—

    (a)a ‘no smoking’ sign is required by regulation to be displayed in the enclosed public place; and

    (b)the sign is not displayed as required by regulation.

    Maximum penalty: 5 penalty units.

    (3)An offence against this section is a strict liability offence.

    1. Offence by neighbouring occupier

      The occupier of premises commits an offence if the occupier fails to take reasonable steps to prevent smoke from the premises entering an enclosed public place on other premises.

      Maximum penalty:  10 penalty units.

    Part 2ASmoking prohibited in outdoor eating or drinking places

    Division 2A.1            General

    9AMeaning of outdoor eating or drinking place

    (1)A place is an outdoor eating or drinking place if—

    (a)it is a public place (other than an enclosed public place); and

    (b)people at the place may consume food or drink provided from an on-site service; and

    (c)either—

    (i)the place is licensed premises; or

    (ii)tables or chairs are provided for use by people consuming food or drink provided at the place.

    Examples—par (c) (ii)

    1     an area containing tables and chairs on a footpath outside a cafe or takeaway food shop

    2     an outdoor area at a shopping centre, surrounded by food outlets, containing tables and chairs at which food or drink purchased at the outlets may be consumed

    3     an area containing tables and chairs, and bounded by hoardings or planter boxes, that is around a food caravan at a sporting ground

    4     an outdoor area at premises containing stand-up tables at which food or drink purchased at the premises may be consumed

    5     an outdoor area containing milk crates to sit on at a cafe

    6     a sports stadium containing chairs at which food or drink purchased at outlets at the sports stadium may be consumed

    (2)However, a place is an outdoor eating or drinking place only while—

    (a)food or drink is being provided, or is available to be provided, at the place from an on-site service; or

    (b)food or drink provided from an on-site service is being consumed at the place; or

    (c)clearing or cleaning related to the provision of food or drink in the place is being done.

    (3)Food or drink is taken to be provided from an on-site service whether it is—

    (a)served to a person in the outdoor eating or drinking place by or for the person conducting the on-site service; or

    (b)taken by a person from the on-site service for consumption in the outdoor drinking or eating place.

    (4)In this section:

    food or drink service means a business, or an enterprise of a commercial, charitable or community nature, that sells food or drink.

    licensed premises—see the Liquor Act 2010, dictionary.

    on-site service, in relation to a place, means a food or drink service at the place.

    provide, food or drink, includes distribute, give or sell the food or drink.

    Division 2A.2            Smoking prohibited—outdoor eating or drinking places

    9BOffence to smoke in outdoor eating or drinking place

    (1)A person commits an offence if—

    (a)the person smokes in an outdoor eating or drinking place; and

    (b)the place where the person smokes is not a designated outdoor smoking area.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

    9COffence to smoke in outdoor eating or drinking place in contravention of direction

    (1)A person commits an offence if—

    (a)the person smokes in an outdoor eating or drinking place; and

    (b)the place where the person smokes is not a designated outdoor smoking area; and

    (c)an inspector, or the occupier of the place, directs the person to stop smoking in the outdoor eating or drinking place; and

    (d)the person contravenes the direction.

    Maximum penalty:  20 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)A person does not commit an offence against this section if—

    (a)the direction was given by an inspector who is not a uniformed police officer; and

    (b)when asked by the person, the inspector does not produce the inspector’s identity card for inspection.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    9DOffence by occupier—person smoking in outdoor eating or drinking place

    (1)The occupier of an outdoor eating or drinking place commits an offence if—

    (a)a person smokes in the outdoor eating or drinking place; and

    (b)the place where the person smokes is not a designated outdoor smoking area.

    Maximum penalty: 10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)The occupier does not commit an offence against this section if—

    (a)the occupier was not aware, and could not reasonably be expected to have been aware, that the person was smoking in an outdoor eating or drinking place that was not a designated outdoor smoking area; or

    (b)the occupier directed the person to stop smoking in the outdoor eating or drinking place and the person contravened the direction.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    9EOffence by occupier—not displaying required signs etc

    (1)The occupier of an outdoor eating or drinking place must ensure that ‘no smoking’ signs are prominently displayed at the place.

    Maximum penalty:  20 penalty units.

    (2)The occupier of an outdoor eating or drinking place that is not licensed premises must ensure that tables and chairs provided by the on-site service for use by people consuming food or drink at the place are clearly identified by either or both of the following:

    (a)a plan displayed at the place;

    (b)signs or markings on the tables and chairs.

    Maximum penalty:  20 penalty units.

    (3)An offence against this section is a strict liability offence.

    Division 2A.3            Designated outdoor smoking areas

    9FDesignating outdoor smoking area

    (1)This section applies to—

    (a)premises in relation to which a club licence under the Liquor Act 2010 is in force; and

    (b)premises in relation to which a licence under the Liquor Act 2010 is in force authorising the sale of liquor for consumption on the premises, and that are used principally for that purpose.

    Example—par (b)

    a pub or tavern

    (2)The licensee of the premises may designate part of the licensed outdoor area of the premises as an area in which drinking and smoking is allowed (a designated outdoor smoking area) by displaying a notice near the area—

    (a)stating that the area is a designated outdoor smoking area for this Act; and

    (b)stating that a person under 18 years old is not permitted in the area; and

    (c)stating that a smoking management plan for the premises is available for inspection at any time; and

    (d)including a diagram that sets out the limits of the area.

    (3)There may be more than 1 designated outdoor smoking area at the premises.

    (4)The parts of the licensed outdoor area of the premises that may be designated outdoor smoking areas are—

    (a)any part (an off-gaming area) that—

    (i)is adjacent to a gaming area and accessible only from a gaming area; and

    (ii)was part of the licensed outdoor area of the premises on 1 November 2009; and

    (b)up to 50% of the total area of the licensed outdoor area of the premises that is not an off-gaming area.

    (5)Each designated outdoor smoking area must have a buffer on its perimeter wherever it is adjacent to other parts of the outdoor area of the premises ordinarily accessed by patrons.

    (6)A buffer must be—

    (a)a screen or wall that is impervious to smoke and at least the height prescribed by regulation; or

    (b)an area at least 4m wide where patrons are not allowed to eat, drink or smoke, half of which must be taken from the area that would otherwise form part of the designated outdoor smoking area.

    (7)A designated outdoor smoking area—

    (a)must not be adjacent to an entrance to the premises (unless it is an off-gaming area); and

    (b)must be in a position that minimises smoke from the area entering any part of an outdoor eating or drinking place that is not a designated outdoor smoking area.

    (8)A licensee of premises must not designate a part or parts of the licensed outdoor area of the premises under subsection (2) otherwise than in accordance with this section.

    Maximum penalty:  50 penalty units.

    (9)An offence against this section is a strict liability offence.

    9GLicensee to notify commissioner of designated outdoor smoking area

    (1)The licensee of premises at which there is a designated outdoor smoking area must give the commissioner notice of the designated outdoor smoking area within 14 days after the day the licensee designates the outdoor smoking area.

    Maximum penalty:  50 penalty units.

    (2)An offence against this section is a strict liability offence.

    9HObligations of licensee—things not allowed in designated outdoor smoking area

    (1)The licensee of premises at which there is a designated outdoor smoking area must ensure that, in the designated outdoor smoking area—

    (a)there are no people under 18 years old; and

    (b)there is no food or drink service; and

    (c)no food is consumed; and

    (d)no entertainment is offered or directly accessible; and

    (e)there are no gaming machines.

    Maximum penalty:  50 penalty units.

    NoteFor where gaming machines may be located, see the Gaming Machine Act 2004.

    (2)An offence against this section is a strict liability offence.

    (3)The licensee does not commit an offence against this section in relation to a contravention of subsection (1) (c) if the licensee was not aware, and could not reasonably be expected to have been aware, that food was being consumed in the designated outdoor smoking area.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    (4)In this section:

    entertainment includes television (for example, televised sporting events), but does not include public announcements or recorded music.

    9IOffence by occupier—permitting smoke from designated outdoor smoking area to enter another part of outdoor eating or drinking place

    (1)This section applies to premises at which there is a designated outdoor smoking area.

    (2)The occupier of the premises commits an offence if the occupier fails to take reasonable steps to prevent smoke from the designated outdoor smoking area entering any part of an outdoor eating or drinking place at the premises that is not a designated outdoor smoking area.

    Maximum penalty:  50 penalty units.

    NoteThe occupier also commits an offence if smoke from the premises enters an enclosed public place on the premises (see s 8A).

    (3)An offence against this section is a strict liability offence.

    9JSmoking management plan

    (1)A smoking management plan is a document, prepared for premises at which there is a designated outdoor smoking area, stating how smoking is managed at the premises with the aim of reducing harm from environmental smoke at the premises.

    (2)A smoking management plan must include—

    (a)a diagram of the premises that identifies—

    (i)the designated outdoor smoking area; and

    (ii)the buffer for the designated outdoor smoking area; and

    (iii)the location of the notice mentioned in section 9F (2); and

    (b)a statement of how the exposure to environmental smoke will be minimised; and

    (c)a description of the training given to workers about the requirements of this Act; and

    (d)a description of how the prohibition on food or drink service in designated outdoor smoking areas will be managed; and

    (e)anything else prescribed by regulation.

    (3)The licensee of premises at which there is a designated outdoor smoking area must—

    (a)prepare and keep up-to-date a smoking management plan that complies with this section; and

    (b)make the smoking management plan available for inspection on request.

    Maximum penalty:  50 penalty units.

    (4)An offence against this section is a strict liability offence.

    Part 2BSmoking prohibited at underage functions

    9KMeaning of underage function—pt 2B

    (1)In this part:

    underage function means a function that—

    (a)has as its principal purpose the provision of live or recorded music (for listening to, dancing to or both); and

    (b)is predominantly organised for people under 18 years old; and

    (c)is open to the public or a section of the public (with or without payment); and

    (d)takes place in an area or premises other than a private residence.

    Examples—underage functions

    1     a blue light disco

    2     a live band performance organised for students at a secondary school

    3     a lakeside dance party organised for under 18 year olds only

    (2)In working out whether a function is predominantly organised for people under 18 years old, each of the following must be considered:

    (a)the name of the function;

    (b)the nature of the body or person who is the organiser of the function;

    (c)the ways used to publicise the function;

    (d)who the function is publicised to;

    (e)ticketing arrangements for the function (if any);

    (f)anything else prescribed by regulation.

    NoteSection 9M (1) (b) requires any tickets issued for an underage function to state that smoking is prohibited.

    9LSmoking prohibited at underage function

    Smoking is prohibited at an underage function.

    9MObligations on organiser of underage function

    (1)The organiser of an underage function must ensure that—

    (a)‘no smoking’ signs are prominently displayed at the function; and

    (b)any ticket issued for the function includes a statement that smoking is prohibited; and

    (c)a public announcement that smoking is prohibited is made at the beginning of the function.

    Maximum penalty:  20 penalty units.

    (2)The organiser of an underage function must—

    (a)give a direction to stop smoking to any person who smokes at the function; and

    (b)give a direction to immediately leave the function to any person who continues to smoke in contravention of a direction given to the person under paragraph (a).

    Maximum penalty:  20 penalty units.

    (3)Subsection (2) (a) does not apply if the organiser was not aware, and could not reasonably be expected to have been aware, that the person was smoking at the function.

    9NOffence to smoke at underage function in contravention of direction

    (1)A person commits an offence if—

    (a)the person smokes at an underage function; and

    (b)an inspector, or the organiser of the function, directs the person to stop smoking at the function; and

    (c)the person contravenes the direction.

    Maximum penalty:  10 penalty units.

    (2)   A person does not commit an offence against this section if—

    (a)the direction was given by an inspector who is not a uniformed police officer; and

    (b)when asked by the person, the inspector does not produce the inspector’s identity card for inspection.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

    Part 2CSmoking prohibited at declared smoke-free public places or events

    9ODeclaration of smoke-free public place or event

    (1)The Chief Minister and Minister may jointly declare that a public place or event is a smoke-free public place or event (a declared smoke‑free public place or event).

    NotePower to make a statutory instrument (including a declaration) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

    (2)Before making a declaration, the Minister must consult with the community, including people or organisations that would be directly affected if the declaration is made.

    (3)In deciding whether to make a declaration, the Chief Minister and Minister must consider the following matters:

    (a)the frequency with which the public place or event is visited by children or families;

    (b)the number of people likely to be present at the public place or event;

    (c)whether the declaration will promote a more supportive  environment for people who have, or are trying to, quit smoking;

    (d)whether the declaration will help reduce people’s exposure to smoking-related harms, including environmental tobacco smoke;

    (e)the outcome of community consultation;

    (f)any identified costs and benefits of establishing the area as smoke-free, including economic and business impacts;

    (g)measures to promote compliance.

    (4)A declaration may—

    (a)state that ‘no smoking’ signs must be displayed at the public place or event; and

    (b)set out requirements for the signs.

    NoteRequirements for ‘no smoking’ signs may also be determined under s 9P.

    (5)A declaration may also—

    (a)provide that an area may be designated in which smoking is allowed at the public place or event; and

    (b)set out requirements for the area.

    Examples—requirements for designated smoking areas

    1size, location and number of areas

    2words and images that may be displayed in the area

    3erection of partitions or barriers to prevent the penetration of smoke into areas that are not designated smoking areas.

    NoteRequirements for designated smoking areas are also set out under s 9Q.

    (6)A declaration is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (7)If the Chief Minister is also the Minister, another Minister must make the joint declaration under subsection (1) with the Chief Minister.

    9PSignage

    (1)The Minister may determine requirements in relation to the display of ‘no smoking’ signs at a declared smoke-free public place or event.

    Examples—requirements for display of signs

    1     size, location and number of signs

    2     words and images that may be displayed on signs

    (2)A determination is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

    9QRequirements for designated smoking areas

    (1)This section applies if a declaration under section 9O provides that an area may be designated in which smoking is allowed at a declared smoke-free public place or event.

    (2)The occupier or manager of the public place or event may designate an area at the public place or event as an area in which smoking is allowed (a designated smoking area) by displaying a notice near the area—

    (a)stating that the area is a designated smoking area for this Act; and

    (b)stating that a person under 18 years old is not permitted in the area; and

    (c)including a diagram that sets out the limits of the area.

    (3)Unless otherwise stated in the declaration, there may be more than 1 designated smoking area at the public place or event.

    (4)A designated smoking area—

    (a)must not be adjacent to an entrance to the public place or event; and

    (b)must be in a position that minimises smoke from the area entering any part of the public place or event that is not a designated smoking area.

    (5)The occupier or manager of the public place or event must not designate an area under subsection (2) other than—

    (a)in accordance with this section; or

    (b)as required by the declaration.

    Maximum penalty:  50 penalty units.

    (6)An offence against this section is a strict liability offence.

    9RObligations of occupier or manager—things not allowed in designated smoking area

    (1)The occupier or manager of a declared smoke-free public place or event at which there is a designated smoking area must ensure that, in the designated smoking area—

    (a)there are no people under 18 years old; and

    (b)there is no food or drink service; and

    (c)no food is consumed; and

    (d)no entertainment is offered or directly accessible.

    Maximum penalty:  50 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)The occupier or manager does not commit an offence against this section in relation to a contravention of subsection (1) (c) if the occupier or manager was not aware, and could not reasonably be expected to have been aware, that food was being consumed in the designated smoking area.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    (4)In this section:

    entertainment  includes television (for example, televised sporting events), but does not include public announcements or recorded music.

    9SOffence by occupier or manager—permitting smoke from designated smoking area to enter another part of public place or event

    (1)This section applies to a declared smoke-free public place or event at which there is a designated smoking area.

    (2)The occupier or manager of the public place or event commits an offence if the occupier or manager fails to take reasonable steps to prevent smoke from the designated smoking area entering any part of the public place or event that is not a designated smoking area.

    Maximum penalty:  50 penalty units.

    (3)An offence against this section is a strict liability offence.

    9TOffence to smoke at declared smoke-free public place or event

    (1)A person commits an offence if —

    (a)the person smokes at a declared smoke‑free public place or event; and

    (b)the place where the person smokes is not a designated smoking area.

    Maximum penalty:  5 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)A person does not commit an offence against this section if—

    (a)a declaration under section 9O states that ‘no smoking’ signs must be displayed at the public place or event; and

    (b)the signs are not—

    (i)displayed as required by the declaration; or

    (ii)in accordance with any requirement determined under section 9P.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    9UOffence to smoke at declared smoke-free public place or event in contravention of direction

    (1)A person commits an offence if—

    (a)the person smokes at a declared smoke‑free public place or event; and

    (b)the place where the person smokes is not a designated smoking area; and

    (c)an inspector, the occupier of the public place or manager of the event, directs the person to stop smoking at the public place or event; and

    (d)the person contravenes the direction.

    Maximum penalty:  20 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)A person does not commit an offence against this section if—

    (a)the direction was given by an inspector who is not a uniformed police officer; and

    (b)when asked by the person, the inspector does not produce the inspector’s identity card for inspection.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    9VOffence by occupier or manager—not displaying required signs

    (1)This section applies if a declaration under section 9O states that ‘no smoking’ signs must be displayed at a public place or event.

    (2)The occupier or manager of the public place or event commits an offence if the signs are not—

    (a)displayed as required by the declaration; or

    (b)in accordance with a requirement determined under section 9P.

    Maximum penalty:  5 penalty units.

    (3)An offence against this section is a strict liability offence.

    Part 3Enforcement

    1. Inspectors

      (1)Each of the following is an inspector for this Act:

      (a)an authorised officer under the Tobacco and Other Smoking Products Act 1927, section 32;

      (b)an investigator under the Fair Trading (Australian Consumer Law) Act 1992;

      (c)a public servant appointed under subsection (2).

      (2)The director‑general may appoint a public servant as an inspector for this Act.

      Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

      Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

      Note 3Power to make a statutory instrument (including an appointment) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

    2. Identity cards for inspectors

      (1)The director‑general must give an inspector appointed under section 10 (2) an identity card that states the person is an inspector for this Act and shows—

      (a)a recent photograph of the person; and

      (b)the name of the person; and

      (c)the date of issue of the card; and

      (d)an expiry date for the card; and

      (e)anything else prescribed under the regulations.

      (2)A person commits an offence if—

      (a)the person was appointed as an inspector under section 10 (2); and

      (b)the person ceases to be an inspector; and

      (c)the person does not return the person’s identity card to the director‑general as soon as practicable (but within 7 days) after the day the person ceases to be an inspector.

      Maximum penalty:  1 penalty unit.

      (3)An offence against this section is a strict liability offence.

    3. Power to give directions

      If an inspector believes on reasonable grounds that a person is smoking in contravention of the Act, the inspector may direct the person to stop smoking.

    4. Power to enter premises

      (1)For this Act, an inspector may—

      (a)at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment); and

      (b)at any time, enter premises with the occupier’s consent.

      (2)However, subsection (1) (a) does not authorise entry into a part of premises that is being used only for residential purposes.

      (3)An inspector may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.

      (4)To remove any doubt, an inspector may enter premises under subsection (1) without payment of an entry fee or other charge.

    5. Production of identity card

      An inspector must not remain at premises entered under this part if the inspector does not produce his or her identity card when asked by the occupier.

    6. Consent to entry

      (1)When seeking the consent of an occupier of premises to enter the premises under section 13 (1) (b), an inspector must—

      (a)produce his or her identity card; and

      (b)tell the occupier—

      (i)the purpose of the entry; and

      (ii)that anything found and seized under this part may be used in evidence in court; and

      (iii)that consent may be refused.

      (2)If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—

      (a)that the occupier was told—

      (i)the purpose of the entry; and

      (ii)that anything seized under this part may be used in evidence in court; and

      (iii)that consent may be refused; and

      (b)that the occupier consented to the entry; and

      (c)stating the time and date consent was given.

      (3)If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.

      (4)A court must find that the occupier did not consent to entry to the premises by the inspector under this part if—

      (a)the question arises in a proceeding in the court whether the occupier consented to the entry; and

      (b)an acknowledgment of consent is not produced in evidence; and

      (c)it is not proved that the occupier consented to the entry.

    1. General powers on entry to premises

      (1)An inspector who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything on the premises:

      (a)inspect or examine;

      (b)take measurements or conduct tests;

      (c)take samples;

      (d)take photographs, films, or audio, video or other recordings;

      (e)require the occupier, or anyone at the premises, to give information, answer questions, or produce documents or anything else, reasonably needed to exercise the inspector’s functions under this Act.

      NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

      (2)A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (e).

      Maximum penalty:  10 penalty units.

    2. Power to require name and address

      (1)An inspector may require a person to state the person’s name and home address if the inspector suspects on reasonable grounds that the person is committing or has just committed an offence against this Act.

      (2)The inspector must tell the person the reason for the requirement and, as soon as practicable, record the reason.

      (3)The person may ask the inspector to produce the inspector’s identity card for inspection by the person.

      (4)A person must comply with a requirement made by the inspector under subsection (1) if the inspector—

      (a)tells the person the reason for the requirement; and

      (b)complies with any request made by the person under subsection (3).

      Maximum penalty:  10 penalty units.

    3. Power to seize things

      (1)An inspector who enters premises under this part with the occupier’s consent may seize anything in the premises if—

      (a)the inspector is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and

      (b)seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent.

      (2)An inspector who enters premises under this part (whether with the occupier’s consent or otherwise) may seize anything at the premises if satisfied on reasonable grounds that—

      (a)the thing is connected with an offence against this Act; and

      (b)the seizure is necessary to prevent the thing from being—

      (i)concealed, lost or destroyed; or

      (ii)used to commit, continue or repeat the offence.

      (3)Having seized a thing, an inspector may remove the thing from the premises where it was seized to another place.

      (4)A person commits an offence if—

      (a)the person interferes with a seized thing; and

      (b)the person does not have an inspector’s approval to interfere with the thing.

      Maximum penalty:  10 penalty units.

      (5)An offence against this section is a strict liability offence.

    4. Receipt for things seized

      (1)As soon as practicable after an inspector seizes a thing under this part, the inspector must give a receipt for it to the person from whom it was seized.

      (2)If, for any reason, it is not practicable to comply with subsection (1), the inspector must leave the receipt, secured conspicuously, at the premises where the thing was seized.

      (3)A receipt under this section must include the following:

      (a)a description of the thing seized;

      (b)an explanation of why the thing was seized;

      (c)the inspector’s name, and how to contact the inspector;

      (d)if the thing is moved from the premises where it is seized—where the thing is to be taken.

    Part 4Miscellaneous

    1. Acts and omissions of representatives

      (1)In this section:

      person means an individual.

      NoteSee the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

      representative, of a person, means an employee or agent of the person.

      state of mind, of a person, includes—

      (a)the person’s knowledge, intention, opinion, belief or purpose; and

      (b)the person’s reasons for the intention, opinion, belief or purpose.

      (2)This section applies to a prosecution for any offence against this Act.

      (3)If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—

      (a)the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and

      (b)the representative had the state of mind.

      (4)An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.

      (5)However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

    2. Regulation-making power

      (1)The Executive may make regulations for this Act.

      NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      (2)The regulations may exempt an area of premises from the operation of part 2 (Smoking prohibited in enclosed public places) if—

      (a)the premises are occupied by a university or another entity prescribed by the regulations; and

      (b)the area is for scientific research into the effects of smoking.


    Dictionary

    (see s 3)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·commissioner for fair trading

    ·contravene

    ·director‑general (see s 163)

    ·Minister (see s 162)

    ·must

    ·police officer.

    commissioner means the commissioner for fair trading.

    declared smoke‑free public place or event—see section 9O (1).

    designated outdoor smoking area—see section 9F (2).

    designated smoking area—see section 9Q (2).

    enclosed public place means a public place, or part of a public place, that is enclosed as prescribed by regulation.

    Examples—public places

    The following may be public places (see definition of public place):

    1     business premises, including professional, trade and commercial premises

    2     a cinema or theatre

    3     a club, hotel or motel

    4     a community centre, hall or public library

    5     government premises

    6     a hostel or nursing home

    7     a place of worship

    8     a public transportation vehicle (including, a bus, taxi or boat)

    9     a restaurant or cafeteria

    10    a school, college or university

    11    a shopping centre, mall or plaza

    12    sporting or recreational premises

    gaming area—see the Gaming Machine Act 2004, dictionary.

    manager, in relation to a declared smoke-free public place or event, means the person responsible (whether wholly or in part) for the management of the public place or event.

    occupier, of premises or a part of premises (including an enclosed public place), means a person having the management or control, or otherwise being in charge, of the premises or part of the premises.

    outdoor area, of premises, means any part of the premises that is not an enclosed public place.

    outdoor eating or drinking place—see section 9A.

    public place means a place to which the public or a section of the public has access, whether—

    (a)by payment, membership of a body or otherwise; or

    (b)by entitlement or permission.

    Examples

    The places, or parts of the places, mentioned in the examples for the definition of enclosed public place may be public places.

    smoke—see section 5B.

    smoking management plan—see section 9J.

    underage function—see section 9K.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      The Smoke-Free Public Places Act 2003 was originally the Smoking (Prohibition in Enclosed Public Places) Act 2003.  It was renamed by the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 A2009-51 (see s 5).

      Smoke-Free Public Places Act 2003 A2003-51

      notified LR 25 November 2003
      s 1, s 2 commenced 25 November 2003 (LA s 75 (1))
      pt 4 commenced 26 November 2003 (s 2 (2))
      remainder commenced 1 December 2006 (s 2 (1))

      as amended by

      Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 14

      notified LR 23 February 2005
      s 1, s 2 commenced 23 February 2005 (LA s 75 (1))
      pt 14 commenced 24 February 2005 (s 2 (2))

      Smoking (Prohibition in Enclosed Public Places) Amendment Act 2005 A2005-6

      notified LR 22 February 2005
      s 1, s 2 commenced 22 February 2005 (LA s 75 (1))
      remainder commenced 1 December 2006 (s 2)

      Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 A2009-51

      notified LR 18 December 2009
      s 1, s 2 commenced 18 December 2009 (LA s 75 (1))

      remainder commenced 9 December 2010 (s 2 (1) (b) and CN2010-4)

      Liquor (Consequential Amendments) Act 2010 A2010-43 sch 2 pt 2.2

      notified LR 8 November 2010
      s 1, s 2 commenced 8 November 2010 (LA s 75 (1))

      sch 2 pt 2.2 commenced 9 December 2010 (s 2 (3) and see Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 A2009‑51, s 2 and CN2010-4)

      Justice and Community Safety Legislation Amendment Act 2011 A2011-16 sch 1 pt 1.10

      notified LR 17 May 2011
      s 1, s 2 commenced 17 May 2011 (LA s 75 (a))

      sch 1 pt 1.10 commenced 17 November 2011 (s 2 and LA s 79)

      Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.141

      notified LR 30 June 2011
      s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

      sch 1 pt 1.141 commenced 1 July 2011 (s 2 (1))

      Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.46

      notified LR 22 May 2012
      s 1, s 2 commenced 22 May 2012 (LA s 75 (1))

      sch 3 pt 3.46 commenced 5 June 2012 (s 2 (1))

      Smoke-Free Public Places Amendment Act 2016 A2016‑17

      notified LR 17 March 2016
      s 1, s 2 commenced 17 March 2016 (LA s 75 (1))

      remainder commenced 18 March 2016 (s 2)

      Smoke-Free Legislation Amendment Act 2016 A2016-20 pt 2

      notified LR 13 April 2016
      s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
      pt 2 commenced 1 August 2016 (s 2 and CN2016-13)

      Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.54

      notified LR 9 June 2021
      s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
      sch 3 pt 3.54 commenced 23 June 2021 (s 2 (1))

      Tobacco and Other Smoking Products (Vaping Goods) Amendment Act 2025 A2025-8 sch 1 pt 1.2

      notified LR 17 April 2025
      s 1, s 2 commenced 17 April 2025 (LA s 75 (1))
      sch 1 pt 1.2 commenced 18 April 2025 (s 2)

    2. Amendment history

      Long title

      long titlesub A2009‑51 s 4

      Name of Act

      s 1sub A2009‑51 s 5

      Commencement

      s 2om LA s 89 (4)

      Dictionary

      s 3am A2016‑20 s 4; A2025‑8 amdt 1.4

      Important concepts

      pt 1A hdgins A2005‑6 s 4

      Object

      s 5Ains A2005‑6 s 4

      sub A2009‑51 s 6

      Meaning of smoke

      s 5Bins A2005‑6 s 4

      am A2009‑51 s 7, s 8; A2016‑20 ss 5-9

      sub A2025‑8 amdt 1.5

      Offence to smoke in enclosed public place

      s 6sub A2009‑51 s 9

      Offence to smoke in enclosed public place in contravention of direction

      s 7sub A2009‑51 s 9

      am A2016‑17 s 9

      Offence by occupier—person smoking in enclosed public place

      s 8 hdgsub A2005‑6 s 5

      s 8am A2005‑6 s 6

      sub A2009‑51 s 9

      am A2016‑17 s 9

      Offence by occupier—permitting smoke into enclosed public place from another part of premises

      s 8Ains A2005‑6 s 7

      Offence by occupier—not displaying required signs

      s 8AAins A2009‑51 s 10

      Offence by neighbouring occupier

      s 9sub A2005‑6 s 7

      Smoking prohibited in outdoor eating or drinking places

      pt 2A hdgins A2009‑51 s 11

      General

      div 2A.1 hdg         ins A2009‑51 s 11

      Meaning of outdoor eating or drinking place

      s 9Ains A2009‑51 s 11

      am A2016‑20 ss 10-12

      Smoking prohibited—outdoor eating or drinking places

      div 2A.2 hdg         ins A2009‑51 s 11

      Offence to smoke in outdoor eating or drinking place

      s 9Bins A2009‑51 s 11

      Offence to smoke in outdoor eating or drinking place in contravention of direction

      s 9Cins A2009‑51 s 11

      am A2016‑17 s 9

      Offence by occupier—person smoking in outdoor eating or drinking place

      s 9Dins A2009‑51 s 11

      am A2016‑17 s 9

      Offence by occupier—not displaying required signs etc

      s 9Eins A2009‑51 s 11

      Designated outdoor smoking areas

      div 2A.3 hdg         ins A2009‑51 s 11

      Designating outdoor smoking area

      s 9Fins A2009‑51 s 11

      am A2010‑43 amdt 2.11

      Licensee to notify commissioner of designated outdoor smoking area

      s 9Gins A2009‑51 s 11

      amA2021-12 amdt 3.165

      Obligations of licensee—things not allowed in designated outdoor smoking area

      s 9Hins A2009‑51 s 11

      am A2016‑17 s 9

      Offence by occupier—permitting smoke from designated outdoor smoking area to enter another part of outdoor eating or drinking place

      s 9Iins A2009‑51 s 11

      Smoking management plan

      s 9Jins A2009‑51 s 11

      Smoking prohibited at underage functions

      pt 2B hdgins A2009‑51 s 11

      Meaning of underage function—pt 2B

      s 9Kins A2009‑51 s 11

      Smoking prohibited at underage function

      s 9Lins A2009‑51 s 11

      Obligations on organiser of underage function

      s 9Mins A2009‑51 s 11

      Offence to smoke at underage function in contravention of direction

      s 9Nins A2009‑51 s 11

      am A2016‑17 s 4

      Smoking prohibited at declared smoke-free public places or events

      pt 2C hdgins A2016‑17 s 5

      Declaration of smoke-free public place or event

      s 9Oins A2016‑17 s 5

      Signage

      s 9Pins A2016‑17 s 5

      Requirements for designated smoking areas

      s 9Qins A2016‑17 s 5

      Obligations of occupier or manager—things not allowed in designated smoking area

      s 9Rins A2016‑17 s 5

      Offence by occupier or manager—permitting smoke from designated smoking area to enter another part of public place or event

      s 9Sins A2016‑17 s 5

      Offence to smoke at declared smoke-free public place or event

      s 9Tins A2016‑17 s 5

      Offence to smoke at declared smoke-free public place or event in contravention of direction

      s 9Uins A2016‑17 s 5

      Offence by occupier or manager—not displaying required signs

      s 9Vins A2016‑17 s 5

      Inspectors

      s 10am A2011‑22 amdt 1.403; A2011‑16 amdt 1.39; pars renum R4 LA; A2016‑17 s 6; A2016‑20 s 13

      Identity cards for inspectors

      s 11am A2011‑22 amdt 1.403

      Power to give directions

      s 12sub A2009‑51 s 12

      Power to enter premises

      s 13om A2009‑51 s 13

      ins A2009‑51 s 12

      Production of identity card

      s 14orig s 14

      renum as s 22

      pres s 14

      ins A2009‑51 s 12

      Consent to entry

      s 15om LA s 89 (3)

      ins A2009‑51 s 12

      General powers on entry to premises

      s 16om LA s 89 (3)

      ins A2009‑51 s 12

      Power to require name and address

      s 17om LA s 89 (3)

      ins A2009‑51 s 12

      Power to seize things

      s 18om LA s 89 (3)

      ins A2009‑51 s 12

      Receipt for things seized

      s 19om LA s 89 (3)

      ins A2009‑51 s 12

      Miscellaneous

      pt 4 hdgom LA s 89 (3)

      ins A2009‑51 s 13

      Acts and omissions of representatives

      s 20om LA s 89 (3)

      ins A2009‑51 s 13

      Approved forms

      s 21om LA s 89 (3)

      ins A2009‑51 s 13

      om A2021-12 amdt 3.166

      Regulation-making power

      s 22orig s 22

      om LA s 89 (3)

      pres s 22

      (prev s 14) renum as s 22 A2009‑51 s 14

      Repeals and consequential amendments

      pt 5 hdgom LA s 89 (3)

      Repeals

      div 5.1 hdgom LA s 89 (3)

      Gaming Machine Act 1987

      div 5.2 hdgom LA s 89 (3)

      New section 24A (1) (ba) and (bb)

      s 23om LA s 89 (3)

      Section 24A (1)

      s 24om LA s 89 (3)

      New section 24A (2)

      s 25om LA s 89 (3)

      Liquor Act 1975

      div 5.3 hdgom LA s 89 (3)

      Grounds for issue of directions


      Section 82

      s 26om LA s 89 (3)

      New section 82 (1) (ca) and (cb)

      s 27om LA s 89 (3)

      Section 82 (1)

      s 28om LA s 89 (3)

      New section 82 (2)

      s 29om LA s 89 (3)

      Types of directions


      Section 85 (2) (c)

      s 30om LA s 89 (3)

      New section 93A

      s 31om A2005‑5 s 47

      New section 110A

      s 32om LA s 89 (3)

      Ground for cancellation


      New section 116 (2) (ab)

      s 33om LA s 89 (3)

      Section 116 (2)

      s 34om LA s 89 (3)

      New section 116A

      s 35om A2005‑5 s 47

      Dictionary

      dictam A2009‑51 s 15; A2011‑22 amdt 1.404; A2012‑21 amdt 3.181; A2016‑17 s 7

      def commissioner ins A2009‑51 s 16

      def declared smoke-free public place or event ins A2016‑17 s 8

      def designated outdoor smoking area ins A2009‑51 s 16

      def designated smoking area ins A2016‑17 s 8

      def enclosed public place sub A2005‑6 s 8

      def gaming area ins A2009‑51 s 16

      def herbal product ins A2009‑51 s 16

      om A2016‑20 s 14

      def manager ins A2016‑17 s 8

      def occupier sub A2005‑6 s 8

      def outdoor area ins A2009‑51 s 16

      def outdoor eating or drinking place ins A2009‑51 s 16

      def personal vaporiser ins A2016‑20 s 15

      om A2025‑8 amdt 1.6

      def public place sub A2005‑6 s 8

      def smoke sub A2005‑6 s 8

      def smoking management plan ins A2009‑51 s 16

      def smoking product sub A2016‑20 s 16

      om A2025‑8 amdt 1.6

      def tobacco product ins A2009‑51 s 16

      om A2016‑20 s 17

      def underage function ins A2009‑51 s 16

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    1 Dec 2006
    1 Dec 2006–
    8 Dec 2010
    A2005‑6 new Act and amendments by A2005‑5 and A2005‑6
    R2
    9 Dec 2010
    9 Dec 2010–
    30 June 2011
    A2010‑43 renaming and other amendments by A2009‑51 and A2010‑43
    R3
    1 July 2011
    1 July 2011–
    16 Nov 2011
    A2011‑22 amendments by A2011‑22
    R4
    17 Nov 2011
    17 Nov 2011–
    4 June 2012
    A2011‑22 amendments by A2011‑16
    R5
    5 June 2012
    5 June 2012–
    17 Mar 2016
    A2012‑21 amendments by A2012‑21
    R6
    18 Mar 2016
    18 Mar 2016–
    31 July 2016
    A2016‑17 amendments by A2016‑17
    R7
    1 Aug 2016
    1 Aug 2016–
    22 June 2021
    A2016‑20 amendments by A2016‑20
    R8
    23 June 2021
    23 June 2021–
    17 Apr 2025
    A2021‑12 amendments by A2021‑12

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