New smoke-free public places

From 1 September 2023 new smoke-free laws apply.

Outdoor markets

Smoking is prohibited throughout outdoor market areas and within a 5-metre smoke-free buffer zone at clearly defined market entrances and exits.

The smoke-free requirements at outdoor markets apply while the market is in operation, including set-up and pack down of the market.

Smoking at an outdoor market

Outdoor markets are permitted by law to set aside an area for smoking. There must be a 5-metre buffer zone around the smoking area where food or drink is not allowed.

Outdoor markets with a smoking area must display:

• a map of the smoking area and the smoke-free buffers for the area
• a sign clearly advising no food or drink can be consumed in the smoking area or within 5 metres around the area
• a sign advising that smoking can only occur in the area provided.

Fact sheets

Fact sheets with further information about the requirements for markets including required signage for smoking-only areas:

• Outdoor markets fact sheet (PDF 340 kB)
• Outdoor markets fact sheet—information for market organisers (PDF, 344KB)

Outdoor eating and drinking places

Under the law, outdoor eating and drinking places are those where people can consume food or drink purchased from an on-site food service.

Some examples of outdoor eating and drinking places include:

• tables and chairs on a footpath outside a café or takeaway food outlet
• seating or grassed areas at shopping centres provided near food outlets for people to use while they consume food purchased from the outlets
• any part of a fenced place where food is available for purchase such as a sporting ground, showground, concert or festival.

Where and when the smoke-free law applies at outdoor eating and drinking places

Smoking is already prohibited at outdoor eating and drinking places. The new laws extend the smoke-free area to a 5-metre buffer around the boundary of outdoor eating and drinking places.

The smoke-free requirements at and around outdoor eating and drinking places apply while the on-site food service is open, and food or drink is available for purchase and consumption.

Fact sheets

Fact sheets with further information about the requirements including required signage for smoking-only areas:

• Outdoor eating and drinking places (PDF, 668KB)
• Outdoor eating and drinking places—information for stakeholders (PDF, 669KB)

Smoking at an outdoor eating and drinking place

There are strict controls on smoking areas at eating and drinking places.

• Smoking-only areas – Smoking is permitted in these areas, but no food or drink can be served or consumed.
• Designated Outdoor Smoking Areas (DOSAs) - can only be provided at particular liquor licensed premises. DOSAs are areas where smoking and drinking can occur, but no food may be served or consumed.

Under changes to the laws, eating and drinking places that choose to provide a Smoking-only area for patrons must ensure that:

• a smoke-free buffer of at least 2 metre wide surrounds the area (the buffer may be a space, object or structure)
• food or drink is not served to patrons, taken into, or consumed in this area or its buffer
• entertainment is not offered in this area or its buffer
• the area is not enclosed
• certain information is  displayed for patrons including:
  • a diagram or notice showing the limits of the area and the buffer
  • a prominent sign in the area that indicates this is the only place where smoking can occur and that no food or drink can be consumed in the area or buffer
• the area must not be an area where smoking is otherwise prohibited under the Act for example within 5 metres of an entrance to an enclosed place/building.

Children’s organised recreational activities

Smoking is already prohibited on land within 10 metres of activity, viewing and playing areas for organised under-18 sporting events. The new laws extend the smoking prohibition to organised children’s recreational activities.

The smoke-free requirements apply at any time the activity is being provided to children.

Organised children’s activity

An organised children’s activity is:

• conducted by an association or club
• organised for the participation of children
• organised in advance.

For example, supervised outdoor activity or instruction from Scout or Girl Guide clubs, dance or exercise clubs, adventure or nature play associations. Organised children’s activities do not include excursions or attendance at public events or street parades.

Fact sheets

Fact sheets with further information about the requirements including required signage:

• Children’s organised sport and outdoor activities (PDF, 803KB)
• Children's organised sport and outdoor activities—information for clubs and organisers (PDF, 803KB)

School carparks

Smoking is already prohibited at public and private school facilities and in a 5-metre buffer zone extending from the boundary of the school.

The new law extends the smoke-free protection to include all carparks provided for school communities. This includes carparks located on council land that are intended for school community use.

The smoke-free requirements for schools always apply. This means school carparks are also smoke-free areas outside of school hours, on weekends and in school holiday periods.

The laws apply to all persons using a school carpark including students, teaching staff, parents and guardians of students, other employees of the school, visitors and persons providing a service or volunteering, clubs and organisations accessing school facilities.

Fact sheet

Fact sheet with further information about the requirements including required signage: School facilities (PDF, 298KB)

All smoke-free public places

Where to get signage

Free signage for these new smoke-free public places is available by calling 13 QGOV (13 74 68).

Penalties that apply to smoke-free public places

The maximum penalty for someone smoking or vaping in a smoke-free public place is 20 penalty units with an on-the-spot fine of 2 penalty units.

As of 1 July 2023, the penalty unit amount is $154.80. This amount increases annually. For more information on current penalty amounts call 13 QGOV (13 74 68).

How smoke-free public places are monitored and enforced

The laws are monitored and enforced by Queensland Health Environmental Health Officers, who provide advice and education, respond to possible breaches and issue warnings and on-the-spot fines.

You can report a possible breach of current and new smoking laws, including smoking or vaping in smoke-free areas.