Last updated: September 17, 2019

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
Fine
Analysis

The federal Air Navigation Regulations require operators of aircraft to post signs indicting smoking is prohibited. The penalty for a violation is $2500.

The federal Airport Regulations require an airport operator company to post signs in no-smoking areas. The penalty for a violation is not specified.

The Interstate Road Transport Regulations require the owner of a registered bus to post no-smoking sings. The penalty for a violation is 5 penalty units.

States and Territories have jurisdiction over smoking in places other than aircraft, airports, and interstate buses. All States and Territories have laws that prohibit or restrict smoking. These laws may require that no-smoking signs be posted and may impose varying fines for violations. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database.

Remove ashtrays

Uncertain
None
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Laws of the States and Territories may impose a duty to remove ashtrays. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database; therefore, the regulatory status “Uncertain” is given.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Uncertain
None
Analysis

In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories. Laws of the States and Territories may impose a duty on business owners or supervisors to take steps to require a person to stop smoking. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database; therefore, the regulatory status “Uncertain” is given.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

A duty is imposed upon smokers not to smoke on aircraft. The penalty for a violation is $500.

A duty is imposed upon smokers not to smoke where prohibited in an airport. The penalty for a violation is 5 penalty units.

A duty is imposed upon smokers not to smoke on interstate buses. The penalty for a violation is 5 penalty units.

In other places, the laws of States and Territories govern smoking prohibitions and fines. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database and therefore fines in sub-jurisdictions are not specified here.