Last updated: January 14, 2021
Duties / Penalties
Post signs
Article 23(1) of the TCA 2010 requires business owners, occupiers or employers to post signs in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines. Signs must be posted at each entrance to and other prominent places within smoke-free areas, as well as within every workplace, work vehicle, and public service vehicle. Signs must include the internationally recognized “no smoking” symbol and be in Solomon Islands Pidgin or English. The law does not specify that signs must include phone numbers or other contact information so that violations can be reported.
Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.
A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires penalties for both individuals and companies, and that subsequent offenses earn increased penalties. However, to more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that contact information must be included on signs in order for individuals to report violations.
Remove ashtrays
Article 21(1)(b) of the Tobacco Control Regulations 2013 outlines that any person responsible for any smoke-free area must ensure that “no ashtrays are provided, supplied or available” in any enclosed area not designated as a smoking area. In addition, a person responsible for any place other than a smoke-free area must ensure that “ashtrays are not provided or made available for use in smoke-free areas of the place.”
Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.
A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires penalties for “any person” responsible for a smoke-free or other area that permits ashtrays in the smoke-free areas.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Employers or “persons-in-charge” of workplaces; principals or “persons-in-charge” of schools; “persons-in-charge” of hospitals or health clinics; and operators or employees of public transport all have a legal duty to ensure that no person smokes inside designated smoke-free zones within these areas. The Tobacco Control Regulations 2013 specify that a person responsible for a smoke-free area “shall take reasonable steps to ensure that a person who smokes … is requested to stop smoking; or is requested to leave or is refused service if the person continues to smoke.” In addition, the person responsible may request the assistance of a police officer.
Individuals convicted of a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.
A body corporate is subject to a fine not exceeding 500,000 penalty units for a first offense, and a fine not exceeding 1,000,000 penalty units for any second or subsequent offense.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that the law imposes a legal duty to take steps to require a person to stop smoking and imposes penalties for violations of that duty.
Not to smoke where prohibited
The law requires individuals to comply with the law on the prohibition of smoking in particular areas.
Anyone who smokes in contravention of TCA 2010 Articles 19(1) through 19(5), namely, in designated smoke-free zones in workplaces, schools, hospitals or public transport, commits and offense and is subject to fines or a prison sentence.
Individuals convicted for a first offense are subject to a fine not exceeding 20,000 penalty units or to imprisonment for a term not exceeding two years, and for the second or any subsequent offense, to a fine not exceeding 50,000 penalty units or to imprisonment for a term not exceeding four years.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to penalties for those who smoke in contravention of the regulations.
