Normans Alert

Smoking Bans - New Council Powers

The passage of the Tobacco Product Regulation (Further Restrictions) Amendment Act 2012 (Act) through the South Australian Parliament has created new public smoking bans and provided councils with new powers to have certain public areas or events declared ‘smoke free’.

The Act, which will commence on a date which is yet to be determined, amends the Tobacco Products Regulation Act 1997 to ban smoking in all public playgrounds as well as all public bus stops, tram stops, railway stations, taxi ranks and airports that are either wholly or partially covered by a roof. 

The Act also provides councils with the ability to apply to the Minister for Mental Health and Substance Abuse:

• to have certain public areas of the Council declared by the Governor to be smoke free; and
• to have certain events held in public areas to be declared smoke free for the period of the event.

Smoking in any of these areas will be an offence which attracts a maximum penalty $200 or an expiation fee of $75. 

Councils should start thinking now about which public areas within their boundaries would make suitable candidates for these new bans to ensure that they can make application to the Minister to have these areas declared ‘smoke free’ as soon as the Act commences operation. 

Dale Mazzachi, Associate and Paul Kelly, Partner of Norman Waterhouse will be pleased to provide advice to your councils on the application of the Act to specific areas of your Council, or on the implications of the new permanent bans imposed in both playgrounds and public transport areas.

Dale can be contacted on t: 8210 1221 or email: dmazzachi@normans.com.au and Paul can be contacted on t: 8210 1248 or email: pkelly@normans.com.au