Penalties, fines and enforcement
- Legislation and enforcement
- Body Worn Cameras are used by Queensland Health authorised officers
- Reporting a possible breach
- Current fines and penalties
Legislation and enforcement
Queensland's smoking laws are governed by the:
They are primarily enforced by Queensland Health Environmental Health Officers (EHOs), who can:
- issue individuals with warnings and on-the-spot fines
- issue businesses with improvement notices, warnings and on-the-spot fines
- seize prohibited products
- initiate legal proceedings for breaches of the smoking laws
- respond to complaints
- inspect premises
- provide advice about the smoking laws.
If you are smoking in a no-smoking zone and approached by an authorised EHO, you are required by law to provide your correct name and address to the officer. They generally do not wear a uniform but they will show an identification card before asking any questions.
Police officers have powers to address smoking product sales to children, smoking and vaping in vehicles where children are present, and enforce laws relating to illicit smoking products.
Authorised officers must observe smoking occurring in a vehicle where children under 16 are present to issue a fine. Fines cannot be issued based on community reports, even when a vehicle's number plate is reported to Queensland Health.
Body Worn Cameras are used by Queensland Health authorised officers
Body Worn Cameras (BWCs) are used by Queensland Health authorised officers while conducting compliance activities under Queensland public health legislation. The BWCs capture video and audio recordings of the authorised officer’s interactions with members of the community and their surroundings.
Use of BWCs during inspections
BWCs are worn openly on the authorised officer’s uniform, but they are not always recording. BWCs are activated by authorised officers when compliance activities are being undertaken. When not recording the BWC is in standby mode but can still record up to two minutes of footage prior to the recording function being activated. Authorised officers will activate their BWC in the following circumstances:
- Gathering evidence during an inspection at smoking product retailers or other premises.
- To provide context and information where there are subsequent allegations of inappropriate behaviour (from any party).
- Where there is a risk to the personal safety of the authorised officer or other persons while compliance activities are being undertaken.
Where an authorised officer records a compliance activity using their BWC, they will make reasonable attempts to advise people directly involved in the compliance activity.
Storage and retention of footage
Authorised officers will upload footage recorded on their BWCs to a secure digital evidence management system. All data is encrypted and only available to authorised officers. All access to BWC footage is tracked and auditable. Footage collected in the execution of an authorised officer’s duty is a ‘record’ under the Public Records Act 2002 and managed accordingly.
Use and disclosure of footage
Authorised officers may use and disclose BWC footage to progress compliance monitoring and enforcement activities. Footage may be used and disclosed for investigations and prosecutions under public health legislation. It may also be used in proceedings relating to the review of administrative decisions. In these cases, disclosure will normally be made to the lawyers involved in the case and to the court or tribunal.
Authorised officers may also disclose footage to State or Federal law enforcement agencies where such disclosure is authorised under the Information Privacy Act 2009. Authorised officers may also disclose footage where it is authorised by law, including in response to a notice to produce or under the Right to Information Act 2009. When disclosing footage, an authorised officer can, as required, produce redacted or edited copies of footage without compromising the original footage. This will be to protect privacy or for other considerations. The original file of the footage can never be overwritten or altered.
Obtaining a copy of footage
To obtain a copy of the BWC footage captured by an authorised officer, you will be required to complete and submit a right to information (RTI) request. You may be charged a fee for processing your request.
Contact the RTI decision maker at the Hospital and Health Service (HHS) or the Department of Health where you believe the relevant documents are held to confirm the application process. If you are unsure, the Department of Health contact can assist you.
Health’s privacy policy
For more information on how to access or correct your personal information, how to make a privacy complaint, or how your information may be used or disclosed for purposes beyond those described in this statement, please visit Privacy | Queensland Health.
Reporting a possible breach
Call 13 QGOV (13 74 68) or use this form to report:
- a person or business that may be in breach of the smoking laws for outdoor or enclosed areas, smoking product retailing, eating and drinking venues and other specified facilities
- sale or possession of electronic cigarettes containing liquid nicotine, without a prescription
- sale or possession of illicit tobacco.
All possible breaches reported will be investigated and if a breach is proven, on-the-spot fines, seizures of items or prosecutions may follow.
Licensing investigations
Retailers and wholesalers need to hold a licence to supply smoking products by 1 September 2024. Any reports of unlicensed supply made before 1 September 2024 will not be investigated.
Queensland Health does not disclose details of individual investigations and operations to the community. Some reported breaches take time to investigate. Making multiple reports about the same matter is not necessary.
You may witness smoking and related behaviours that are not a breach under the Tobacco and Other Smoking Products Act 1998.
- Smoking in private residential premises is not prohibited except in enclosed common areas of multi-unit residential accommodation, such as foyers and enclosed stairwells. The laws do not regulate what a person does in their private home, including the outside area.
- Smoking onboard buses and trains and at busway stations and railways is regulated by the Department of Transport and Main Roads. You can report smoking on public transport and at train stations via the Translink website. Select 'onboard experience' and then 'passenger behaviour'.
- Cigarette butt littering is not regulated by the Tobacco and Other Smoking Products Act 1998. Use this online form to report littering and illegal dumping.
Queensland Health officers are not able to take enforcement action in these circumstances.
Current fines and penalties
For smoking products, the current penalty unit amount is set at $154.80
This is effective from 1 July 2023.
- Outdoor public areas
- Smoke-free motor vehicles
- Indoor public areas
- Hotels, clubs and casinos
- Eating and drinking venues including non-liquor licensed food and drink businesses, liquor licensed restaurants and other liquor licensed premises
- Smoking product retailing and wholesaling
- Other offences
Outdoor public areas
| Section of the Act | Offence description | Who can be fined | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|---|
| Outdoor places | ||||
| 122(1) | Smoking at a major sports facility | Smoker | 2 | 20 |
| 123(1) | Allowing a person to smoke at a major sports facility | Occupier | - | 140 |
| 125(1) | A person must not smoke at a major event facility | Smoker | 2 | 20 |
| 126(1) | Allowing a person to smoke at a major event | Organiser | - | 140 |
| 127(1) | A person smoking at a health facility | Smoker | 2 | 20 |
| 127(2) | A person smoking on land within the 5 metres beyond the boundary of a health facility | Smoker | 2 | 20 |
| 128(1) | A person smoking at a school facility | Smoker | 2 | 20 |
| 128(2) | A person smoking on land within 5 metres beyond the boundary of a school facility | Smoker | 2 | 20 |
| 129(1) | A person smoking at a public swimming facility | Smoker | 2 | 20 |
| 130(1) | A person smoking at an early childhood education and care facility | Smoker | 2 | 20 |
| 130(2) | A person smoking on land within 5 metres beyond the boundary of an early childhood education and care facility | Smoker | 2 | 20 |
| 131(1) | A person smoking at a residential aged care facility | Smoker | 2 | 20 |
| 131(2) | A person smoking on land within 5 metres beyond the boundary of a residential aged care facility | Smoker | 2 | 20 |
| 140(1) | A person smoking within a government precinct | Smoker | 2 | 20 |
| 141(1) | A person to smoking at an outdoor market | Smoker | 2 | 20 |
| 142 (1) | A person smoking within 5 metres of a clearly designated entrance or exit of an outdoor market | Smoker | 2 | 20 |
| 143(1) | Allowing a person to smoke at an outdoor market other than in an area set aside for smoking | Organiser | - | 140 |
| 144(3) | Failure to ensure the area of the outdoor market set aside for smoking is compliant | Organiser | 4 | 140 |
| 145(1) | Smoking at a patrolled beach area | Smoker | 2 | 20 |
| 146(1) | Smoking at a prescribed outdoor swimming area | Smoker | 2 | 20 |
| 147(1) | Smoking within 5 metres of a non-residential building entrance | Smoker | 2 | 20 |
| 148(1) | Smoking within 10 metres of children’s outdoor playground equipment | Smoker | 2 | 20 |
| 149(1) | A person smoking at an outdoor pedestrian mall | Smoker | 2 | 20 |
| 150(1) | A person smoking at a public transport waiting point | Smoker | 2 | 20 |
| 150(2) | A person smoking on land within 5 metres beyond a public transport waiting point, unless the person has a reasonable excuse | Smoker | 2 | 20 |
| 151(1) | A person smoking within 10 metres of any part of a skate park | Smoker | 2 | 20 |
| 152(1) | A person smoking at a sporting ground or the viewing area for a water sport during an under-18 sporting event | Smoker | 2 | 20 |
| 152(2) | A person smoking on land being used for an organised children’s activity | Smoker | 2 | 20 |
| 152(3) | A person smoking on land within 10 metres beyond the boundary of a sporting ground or the viewing area for a water sport during an under-18 sporting event or land used for an organised children's activity | Smoker | 2 | 20 |
| 153(1) | A person smoking at a national park, or part of a national park, prescribed by regulation | Smoker | 2 | 20 |
| 223 | Failure to stop smoking under sectins 122, 125, 127-131, 140, 142, 145-153 when directed to do so by an authorised person | Smoker | 2 | 20 |
Smoke-free motor vehicles
| Section of the Act | Offence description | Who can be fined | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|---|
| 116 | Smoking in a motor vehicle being used for business if another person is in the vehicle | Smoker | - | 20 |
| 117 | Smoking in a motor vehicle if a person under 16 is in the vehicle | Smoker | 2 | 20 |
Indoor public areas
| Section of the Act | Offence description | Who can be fined | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|---|
| 112(1) | Smoking in an enclosed area | Smoker | 2 | 20 |
| 115(1) | Allowing a person to smoke in an enclosed place | Occupier (licensee) | 10 | 140 |
| 223 | Failure to stop smoking under section 112 when directed to do so by an authorised person | Smoker | 2 | 20 |
Hotels, clubs and casinos (Venues with a commercial hotel, community club or commercial special facility liquor-licence)
| Section of the Act | Offence description | Who can be fined | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|---|
| Enclosed areas | ||||
| 112(1) | Smoking in an enclosed area | Smoker | 2 | 20 |
| 113(2) | Failing to display the no-smoking sign at the entrance to the premises with a commercial hotel, community club or commercial special facility (containing all or part of a casino) licence under the Liquor Act 1992 | Occupier (licensee) | 2 | 20 |
| 114(2) | Providing food or drink to a person in an enclosed area, when the person has continued to smoke and failed to comply with your direction to stop smoking | Occupier (licensee) | 4 | 140 |
| 115(1) | Allowing a person to smoke in an enclosed place | Occupier (licensee) | 10 | 140 |
| Designated outdoor smoking areas (DOSA) | ||||
| 137(4) | Designating part/s of the outdoor licensed area of the premises for smoking and drinking, other than in compliance with requirements for a DOSA | Occupier (licensee) | - | 140 |
| 138(2) | Failing to ensure that in a DOSA, food or drink is not served; food is not consumed; entertainment is not offered and gaming machines are not provided | Occupier (licensee) | 4 | 140 |
| 138(4) | Failing to ensure a DOSA and its buffers are compliant | Occupier (licensee) | 4 | 140 |
| 138(5) | Failing to comply with requirements for a Smoking Management Plan | Occupier (licensee) | - | 70 |
| 138(6) | Allowing smoking at an outdoor licensed area of the premises other than at the DOSA | Occupier (licensee) | 6 | 140 |
Eating and drinking venues including non-liquor licensed food and drink businesses, liquor licensed restaurants and other liquor licensed premises
| Section of the Act | Offence description | Who can be fined | On-the-spot fine (penalty units) | Max penalty in court (penalty units) |
|---|---|---|---|---|
| Enclosed areas | ||||
112(1) | Smoking in an enclosed area | Smoker | 2 | 20 |
114(2) | Providing food or drink to a person in an enclosed area, when the person has continued to smoke and failed to comply with your direction to stop smoking | Occupier (licensee) | 4 | 140 |
| 115(1) | Allowing a person to smoke in an enclosed place | Occupier (licensee) | 10 | 140 |
223 | Failure to stop smoking under section 112 when directed to do so by an authorised person | Smoker | 2 | 20 |
| Outdoor eating or drinking areas | ||||
| 133(1) | Smoking at an outdoor eating or drinking area | Smoker | 2 | 20 |
| 133(2) | A person smoking on land withing 5 metres beyond the boundary of an outdoor eating or drinking place | Smoker | 2 | 20 |
| 134(5) | Failure to ensure the area of the outdoor eating or drinking place set aside for smoking is compliant | Occupier | 4 | 140 |
| 135(2) | Providing food or drink to a person in an outdoor eating or drinking area, when the person has continued to smoke and failed to comply with your direction to stop smoking | Occupier | 4 | 140 |
| 136(1) | Allowing a person to smoke in an outdoor eating or drinking area other than in an area set aside for smoking | Occupier | - | 140 |
| 223 | Failure to stop smoking under section 133 when directed to do so by an authorised person | Smoker | 2 | 2 |
Smoking product retailing and wholesaling
On-the-spot and court fines
| Section | Offence | On-the-spot (penalty unit) | Max penalty unit in court |
|---|---|---|---|
| Over-the-counter sales and vending machines | |||
| 213 | Failing to show an authorised person written evidence of employee training | 2 | 50 |
| 214 | Failing to certify a copy of written evidence of employee training | 2 | 50 |
| Over-the-counter sales | |||
| 64(1) | Failing to undertake prevention measures, including failing to provide training to employees about not supplying smoking products to under 18’s | 4 | 40 |
| 72 | Selling smoking products from more than one point of sales at a retail outlet | 4 | 140 |
| 73(1) | Selling a smoking product from a temporary retail store | 4 | 140 |
| 84(1) | Failing to sell cigarettes or herbal cigarettes in a package | 4 | 140 |
| 84(2) | Selling cigarettes or herbal cigarettes in packets of fewer than 20 | 6 | 140 |
| 85(1) | Selling loose tobacco not in a package | 4 | 140 |
| 85(2) | Selling loose tobacco in a package containing less than 25g | 4 | 140 |
| 86(1) | Selling loose smoking blend not in a package | 4 | 140 |
| 86(2) | Selling loose smoking blend in a package containing less than 15g | 4 | 140 |
| 90(1) | Having unauthorised smoking product display | 4 | 140 |
| 90(2) | Having unauthorised smoking product advertising other than at a retail outlet or on an online shop | 4 | 140 |
| 90(3) | Having unauthorised smoking product advertising at a retail outlet or on an online shop | 4 | 140 |
| 97(1) | Failing to display a mandatory sign at the relevant point of sale | 2 | 20 |
| 97(2) | Displaying more than one mandatory sign at the point of sale | 2 | 20 |
| 97(4) | Displaying more than one permitted sign at the point of sale | 2 | 20 |
| 104(1) | Supplying an object or entitlement that promotes a smoking product, smoking products trademarks, brand names or the manufacture or distributor of a smoking product in association with the smoking product | - | 140 |
| 105(1) | Supplying an object or entitlement in association with the sale or consumption of a smoking product or smoking products generally | - | 140 |
| 106(1) | Supplying smoking product giveaways | - | 140 |
| 107(1) | Conducting a competition that promotes a smoking product, smoking products trademarks, brand names or the manufacture or distributor of a smoking product in association with the smoking product | - | 140 |
| 108(1) | Conducting a competition associated with the sale or consumption of a smoking product or smoking products generally | - | 140 |
| 109(1) | Displaying an image that promotes a person or thing consuming, using or being associated with smoking product at a retail outlet | - | 140 |
| Vending machines | |||
| 75(1) | Locating a tobacco product vending machine illegally | 2 | 70 |
| 76 | Failing to undertake prevention measures, including failing to provide training to employees | 4 | 40 |
| 80(1) | Supplying personal vaporisers, personal vaporiser related products, herbal cigarettes or a loose smoking blend to another person from a vending machine | - | Up to 140 |
| 98 | Having unauthorised smoking product advertising or display in, or on, a tobacco product vending machine | 4 | 140 |
| 101 | Failing to display a mandatory sign on or near each tobacco product vending machine | 2 | 20 |
| Product sales to children over-the-counter and vending machines | |||
| 66(1) | Supplier selling smoking products to a child | - | Up to 420 |
| 67(1) | Failing to ensure that employees do not supply smoking products to a child | - | Up to 420 |
| 69(2) | Employee selling smoking products to a child | - | Up to 40 |
| 70(6) | Failing to adhere to court order following conviction of selling smoking products to a child | - | 420 |
| 77(1) | Allowing a child to obtain a tobacco product from a tobacco product vending machine | - | Up to 140 |
| 79(5) | Failing to adhere to court order following two convictions of allowing a child to obtain cigarettes from a tobacco vending machine | - | 200 |
| Prohibited products | |||
| 158(1) | A person selling, supplying as part of a business activity, or displaying in or near a shop an ice pipe or component of an ice pipe | 4 | 140 |
| 159(1) | A person selling, supplying as a part of a business activity, or displaying in or near a shop, a bong or component of a bong | 4 | 140 |
| 160(1) | A person displaying more than the prescribed number of hookahs in a shop | 4 | 140 |
| 161(1) | A supplier supplying illicit tobacco | 20 (individual) 100 (corporation) | 300 |
| 161(2) | A supplier storing or possessing a commercial quantity of illicit tobacco | 20 (individual) 100 (corporation) | 140 |
| 162 | A person without lawful authority or excuse, supplying a smokeless tobacco product to another person | 4 | 140 |
| 163(1) | Supplying objects, other than a tobacco product, that resemble tobacco products | - | 140 |
| 164(1) | A person selling a cigarette that is confectionary - flavoured or fruit-flavoured | - | 140 |
| Licensed Retailers and Wholesalers of Smoking Products | |||
| 46(2) | Failure to give notice of a conviction within 14 days | - | 140 |
| 47(2) | Failure to give notice of particular events within 14 days | - | 140 |
| 48(1) | Failure to display a copy of licence at retail or wholesale outlet | - | 50 |
| 48(2) | Failure to display a copy of licence on website of online shop | 2 | 50 |
| 48(3) | Failure to provide licence for inspection when requested by an authorised person | 2 | 50 |
| 48(4) | Failure to remove any display of licence after licence ceases to have effect | 2 | 50 |
| 50(3) | Failure to comply with written notice to provide Chief Executive with information requested | 2 | 50 |
| 52(a) | Purporting to sell or transfer the licence to someone else | - | 200 |
| 52(b) | Notifying or advertising the licence is available for sale or transfer |
20 (individual) 100 (corporation) | 200 |
| 52(c) | Allowing someone else to hold out that the person is the licence holder | - | 200 |
| 53(1) | Providing false or misleading information regarding a licence or an application for a licence | - | 50 |
| Licensed Retailers of Smoking Products | |||
| 49(3) | Failure of the retailer to keep invoices for at least 2 years after being given the invoice for the sale of smoking products | - | 140 |
| Licensed Wholesalers of Smoking Products | |||
| 49(2) | Failure of the licenced wholesaler to give the retailer an invoice for the sale of smoking products | - | 140 |
| 51(1) | A licensed wholesaler selling smoking products to an unlicensed retailer |
20 (individual) 100 (corporation) | 1000 |
| Manufacturers and Wholesalers of Smoking Products | |||
| 71(4) | Failure of manufacturer or wholesaler to provide details of retail suppliers | - | 70 |
Other offences
On-the-spot and court fines
| Section | Offence | Penalty unit (On-the-spot) | Max penalty unit in court |
|---|---|---|---|
| Supply to children | |||
| 82(1) | Adult supplying smoking products to a child | - | 140 |
| 83 | Child falsely representing being 18 years to obtain smoking products | - | 20 |
| Directions from Authorised Officers | |||
| 188(1) | Failure to help an authorised person when requested to do so | - | 50 |
| 189(1) | Failure to give information to an authorised person when requested to do so | - | 50 |
| 191(5) | Failure to provide name and address to authorised person when requested to do so | - | 50 |
| 192(5) | Failure to provide evidence of age, name and address to authorised person when requested to do so | - | 5 |
| 200(1) & (2) | Tampering with a seized thing | - | 50 |
| 201(4) | Failure to adhere to a direction about a seized thing given by an authorised person | - | 50 |
| 211(6) | Failure to comply with an improvement notice | - | 50 |
| 215(3) | Failure to provide information about an offence to an authorised person when requested to do so | - | 50 |
| 216(1) | Providing false or misleading information to an authorised person | - | 50 |
| 217(1) | Providing a document with false, misleading or incomplete information to an authorised person | - | 50 |
| 220(1) | Impersonation of an authorised person | - | 50 |
| 221(1) | Obstruction of an authorised person | - | 50 |