From Friday 1 March 2024, new laws come into effect in South Australia banning smoking and vaping in a variety of public outdoor areas.
Businesses should be aware that this means implementation and monitoring for some premises.
The new regulations are designed to protect the community from passive exposure to tobacco and e‑cigarette aerosol.
Public areas that will be classified as smoke-free and vape-free include:
- Within early childhood services premises, education and children’s services facilities (including schools), and within 10 metres of their boundaries
- At and within 10 metres of non-residential building entrances, such as entrances to shopping centres, government and commercial buildings
- Within public hospitals, public health facilities, private hospitals and residential aged care facilities, and within 10 metres of their boundaries
- At outdoor swimming facilities
- Within major event venues declared under the Major Events Act 2013
- At and within 10 metres of a sporting venue during an organised underage sporting event or training or practice session in preparation for an organised underage sporting event
- On beaches between, and within 50 metres of, red and yellow patrol flags, and at and within five metres of any part of jetties (including under jetties).
According to guidelines released by SA Health, a ‘public area’ means an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise).
These new laws are in addition to existing smoke-free and vape-free laws in:
- Outdoor dining areas
- Enclosed public places, workplaces and shared areas
- A motor vehicle if a child is present
- Certain public transport areas
- Near playground equipment in a public area
- Certain public areas — short-term bans
- Certain public areas — longer-term bans (for example, Henley Square, Moseley Square, Glenelg, Royal Adelaide Show, near The Parade Norwood)
These regulations follow the implementation of new licence conditions for selling e‑cigarettes in July 2023, and the banning of the importation of disposable vapes into Australia from 1 January 2024, which are among a raft of reforms designed to address the increasing health risks posed by vaping.
