Smoking laws in Queensland

Smoking laws in Queensland aim to improve health by creating a culture that reduces exposure to tobacco and other smoking products and second-hand smoke, supports people who smoke or vape to quit and discourages people from taking up the habit.

Laws in Queensland ban smoking and vaping at places people gather to spend time with family and friends or that are part of every-day living. Tough restrictions apply to the supply, advertising, display and promotion of smoking products. The only legal sale of vapes is (unapproved) therapeutic vapes sold or dispensed by a pharmacy.

Smoking products can include tobacco products, herbal cigarettes, loose smoking blend, smoking related products or packages or cartons of these items. Vaping goods include vape devices (also known as electronic or e-cigarettes, e-cigars, vape pens) and vape related products (such as vape liquids and vape parts).

State-wide smoking bans

Smoking and vaping is banned across Queensland in a number of outdoor public areas, eating and drinking venues and education, healthcare and residential aged care facilities, as well as some communal areas in multi-unit residential premises.

Outdoor smoke-free public areas

No smoking or vaping:

• at and within 5 metres of public transport waiting points such as bus stops, taxi ranks, and ferry terminals
• at or within 10 metres of campsites and public facilities at national parks such as:
  • picnic tables
  • toilet blocks
  • barbecues
  • visitor information centres
  • roofed shelters
  • jetties, boat ramps and landing stages
• at or within 10 metres of playing and viewing areas during organised under-18 sporting and recreational events
• within 5 metres of non-residential building entrances
• at outdoor pedestrian malls
• at government precincts around certain state government buildings (including the land around prescribed buildings and adjacent footpaths and nature strips)
• at or within 10 metres of public skate parks and children’s outdoor playground equipment
• at patrolled beaches between the flags
• at public swimming facilities
• at prescribed outdoor swimming areas (e.g. artificial beaches and lagoons)
• at major sports or events facilities
• at or within 5 metres of the entrances and exits of outdoor markets.

Smoking in vehicles

No smoking or vaping in vehicles

• where children under the age of 16 years are present
• used for business if anyone else is in the vehicle.

Eating or drinking venues

No smoking or vaping

• anywhere inside eating and drinking venues such as pubs, clubs, restaurants and cafes
• at and within 5 metres of commercial outdoor eating or drinking areas.
• children cannot remain in a smoking area at a liquor licensed venue.
• no food or drink is to be served or consumed in a smoking only area. Smoke-free buffers are required when a smoking-only area is provided.

Educational facilities

No smoking or vaping

• at public or private schools or within 5 metres beyond their boundaries
• at all school carparks, whether on or near school land
• at early childhood education and care facilities or within 5 metres beyond their boundaries, including kindergartens, childcare centres, day care providers and after school hours care.

Hospitals, healthcare and residential aged care facilities

No smoking or vaping

• at public hospitals and health facilities or private hospitals or within 5 metres beyond their boundaries
• at public or private residential aged care facilities or within 5 metres beyond their boundaries.

Residential premises

No smoking or vaping

• in enclosed common areas of multi-unit residential accommodation such as foyers and enclosed stairwells.

Local Government may prohibit smoking

• Local government can ban smoking in outdoor public spaces not covered by state-wide smoking bans.

Laws about selling smoking products

Strict requirements are in place regarding the supply, sale and promotion of smoking and smoking related products in Queensland including, but not limited to:

• retailers and wholesalers of smoking products must have an approved licence
• no sales of smoking products to children under 18 years of age
• no supply of smoking products to children by their parents or guardians
• illicit tobacco cannot be supplied or stored at retail stores
• smoking products can only be sold at one point of sale at retail stores
• mandatory training of employees who sell smoking products
• staff under 18 must not supply or handle smoking products as part of their job
• smoking products cannot be sold from temporary retail outlets
• bans on the display and requirements for the storage of smoking products at retail stores
• mandatory signage must be displayed at the point of sale and on or near tobacco product vending machines
• requirements for how information about smoking products is provided e.g. price tickets
• no smoking product advertising, competitions, giveaways or entitlements
• invoices for smoking products must be kept for at least 2 years
• tobacco vending machines must be in staff-only areas at liquor licensed premises.

The Retailer factsheet (PDF) and Smoking Products Retailers Guide (PDF) include information to help your business understand new and existing smoking products supply requirements. The Retailer factsheet is available in a range of languages, you can view a version of the factsheet in your language.

Laws about selling vapes

In Queensland, vapes can only be purchased from pharmacies. It is illegal for other retailers to sell any type of vaping good, regardless of its nicotine content.

Therapeutic vapes are available to assist with smoking cessation or the management of nicotine dependence under appropriate healthcare guidance.