Last updated: September 17, 2019
Key Terms
Second Hand Smoke (or similar term)
There is no national legislation addressing smoking in public places, workplaces, and public transport, and therefore the term “second hand smoke” is not defined in national law. In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking.
The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)
Smoking or Smoke
There is no national legislation addressing smoking in public places, workplaces, and public transport, and therefore the terms “smoking” or “smoke” are not defined in national law. In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “smoking” or “smoke.”
Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)
Public Place
There is no national legislation addressing smoking in public places and therefore the term “public place” is not defined in national law. In Australia, restrictions and prohibitions on smoking in public places generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “public place.”
An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)
Workplace
There is no national legislation addressing smoking in workplaces and therefore the term “workplace” is not defined in national law. In Australia, restrictions and prohibitions on smoking in workplaces generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “workplace.”
An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)
Public Transport
There is no national legislation addressing smoking in public transportation in general (although there are laws addressing smoking on interstate buses and on aircraft); therefore the term “public transport” is not defined in national law. In Australia, restrictions and prohibitions on smoking in public transportation generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “public transport.”
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
There is no national legislation addressing smoking in indoor places and therefore the terms “indoor” or “enclosed” are not defined in national law. In Australia, restrictions and prohibitions on smoking in indoor places generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “indoor” or “enclosed.”
Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)
Tobacco Product
There is no national legislation addressing smoking in public places, workplaces, and public transport, and therefore the term “tobacco product” is not defined in national legislation pertaining to smoking. However, “tobacco product” is defined in legislation pertaining to advertising, promotion and sponsorship of tobacco products and tobacco packaging and labeling. In Australia, restrictions and prohibitions on smoking generally fall within the jurisdiction of the States and Territories, all of which have laws addressing smoking that may contain a definition of “tobacco product.”
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
