Smoking in Cars with Children (Prohibition) Act 2011 (ACT)

Smoking in Cars with Children (Prohibition) Act 2011   

A2011-40

Republication No 4

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 Smoking in Cars with Children (Prohibition) Act 2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 April 2025.  It 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 does not include 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).

Smoking in Cars with Children (Prohibition) Act 2011

Contents

Page

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5Offences against Act—application of Criminal Code etc 2

6            Meaning of smoke  3

7           Offence to smoke in a vehicle with a child  4

8            Enforcement powers of police officers  4

Dictionary6

Endnotes

1            About the endnotes  7

2            Abbreviation key  7

3            Legislation history  8

4            Amendment history  8

5            Earlier republications  9

Smoking in Cars with Children (Prohibition) Act 2011

An Act to prohibit smoking in cars when children are present

1. Name of Act

   This Act is the Smoking in Cars with Children (Prohibition) Act 2011.

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 ‘road—see the Road Transport (General) Act 1999, dictionary.’ means that the term ’road’ 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 the 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.

5. Meaning 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)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.

6. Offence to smoke in a vehicle with a child

   (1)A person who is 16 years old, or older, commits an offence if—

   (a)the person smokes in a vehicle that is on a road or road related area; and

   (b)a child is in the vehicle.

   Maximum penalty:  50 penalty units.

   NoteChild means a person under 16 years old (see dict).

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

   (3)In a prosecution for an offence against this section, evidence that a person in the vehicle appeared to be under 16 years old is proof that the person was under 16 years old, in the absence of evidence to the contrary.

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

7. Enforcement powers of police officers

   (1)If a police officer suspects on reasonable grounds that a person has committed an offence against section 7, the police officer may do 1 or more of the following:

   (a)require the driver of the vehicle to—

   (i)stop the vehicle and produce the driver’s driver licence; and

   (ii)state the driver’s name, date of birth and home address;

   (b)require a person who is in the vehicle, and suspected of committing the offence, to—

   (i)stop smoking; and

   (ii)state the person’s name, date of birth and home address;

   (c)require a person who is in the vehicle, and suspected of committing the offence, to produce an identification document if the person is carrying an identification document.

   (2)A person commits an offence if the person fails to comply with a requirement made of the person by a police officer under subsection (1) (a) or (b).

   Maximum penalty:  20 penalty units.

   NoteIt is an offence to produce false or misleading documents (see Criminal Code, s 339).

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

   (4)In this section:

   identification document, includes the following:

   (a)an Australian driver licence or foreign driver licence;

   (b)a proof of identity card issued under the Liquor Act 2010, section 210 (Proof of identity cards), or a corresponding document issued under the law of a State;

   (c)a passport;

   (d)a student card;

   (e)a document that contains a photograph that could reasonably be taken to be the person and states the person’s name and date of birth.

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:

·     home address

·     police officer

·     proceeding.

child means a person who is under 16 years old.

driver—see the Road Transport (General) Act 1999, dictionary.

driver licence means—

(a)an Australian driver licence under the Road Transport (Driver Licensing) Act 1999; or

(b)an external driver licence under the Road Transport (Driver Licensing) Act 1999.

road—see the Road Transport (General) Act 1999, dictionary.

road related area—see the Road Transport (General) Act 1999, dictionary.

smoke—see section 6.

vehicle—

(a)means a motor vehicle under the Road Transport (General) Act 1999; but

(b)does not include—

(i)a campervan that is parked and set up as a place for living or sleeping; or

(ii)a motorcycle.

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

   Smoking in Cars with Children (Prohibition) Act 2011 A2011-40

   notified LR 1 November 2011
   s 1, s 2 commenced 1 November 2011 (LA s 75 (1))
   remainder commenced 1 May 2012 (s 2 and LA s 79)

   as amended by

   Justice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.10

   notified LR 29 February 2016
   s 1, s 2 commenced 29 February 2016 (LA s 75 (1))
   sch 1 pt 1.10 commenced 29 August 2016 (s 2 and LA s 79)

   Smoke-Free Legislation Amendment Act 2016 A2016-20 pt 3

   notified LR 13 April 2016
   s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
   pt 3 commenced 1 August 2016 (s 2 and CN2016-13)

   Tobacco and Other Smoking Products (Vaping Goods) Amendment Act 2025 A2025-8 sch 1 pt 1.3

   notified LR 17 April 2025
   s 1, s 2 commenced 17 April 2025 (LA s 75 (1))
   sch 1 pt 1.3 commenced 18 April 2025 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Meaning of smoke

   s 6 hdgsub A2016‑20 s 18

   s 6am A2016‑20 ss 19-21

   sub A2025‑8 amdt 1.7

   Enforcement powers of police officers

   s 8am A2016‑7 amdt 1.23

   Dictionary

   dictdef herbal product om A2016‑20 s 22

   def personal vaporiser ins A2016‑20 s 23

   om A2025‑8 amdt 1.8

   def smoking product sub A2016‑20 s 24

   om A2025‑8 amdt 1.8

   def tobacco  product om A2016‑20 s 25

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 May 2012	1 May 2012– 31 July 2016	not amended	new Act
R2 1 Aug 2016	1 Aug 2016– 28 Aug 2016	A2016‑20	amendments by A2016‑20
R3 29 Aug 2016	29 Aug 2016– 17 Apr 2025	A2016‑20	amendments by A2016‑7