New restrictions on vaping and smoking in enclosed public places in SA


New legislation has been introduced in SA to regulate the sale and consumption of e-cigarettes and to implement new signage requirements in ‘no smoking’ zones.

This training brochure applies to organisations that subscribe to the SA – Tobacco module.

Tobacco Products Regulation (E-Cigarettes and Review) Amendment Act 2018 No.39 (SA); Tobacco and E-Cigarette Products Regulation 2019 No.8 (SA)

The Tobacco Products Regulation (E-Cigarettes and Review) Amendment Act 2018 No.39 (SA) (the Amending Act) commenced on 31 March 2019 and has amended the Tobacco Products Regulation Act 1997 (SA) (the Act).

The Tobacco and E-Cigarette Products Regulation 2019 No.8 (SA) (the New Regulations) commenced on 31 March 2019 and have repealed and replaced the Tobacco Products (Smoking Bans in Public Areas – Longer Term) Regulations 2012 (SA).

No-smoking signs in enclosed public places

Regulation 9 of the New Regulations requires the occupier of an enclosed “public place” to display no-smoking signs in such prominence and in positions so that they are likely to be seen by persons at any public entrance (and also inside those places).

The signs must contain the phrase “no smoking” or “smoking prohibited” in letters that are at least 20 millimetres in height in conjunction with the smoking prohibited symbol, which must have a diameter of at least 70 millimetres. If this exact mode of display is not chosen, then the alternative must indicate clearly that smoking is not permitted.

It is also compulsory that the signs be placed in such a way so that they cannot be readily removed by a person other than the occupier or an employee of the occupier. The maximum penalty for failure to display the signs is $2,500.

The meaning of “public place” remains unchanged and includes a place that the public, or a section of the public, are entitled to use, or that is open to, or used by the public (regardless of whether payment of an entry or membership fee is required).

Expanded application of the Act

The meaning of “smoke” has been amended to include use of an e-cigarette.

Increased penalties

The penalty for an occupier of an enclosed public place, in which smoking occurs, is increased from $1,250 to $2,500. Likewise, the penalty for the occupier of a place where smoking occurs in an outdoor dining area is now doubled to $2,500.

Conclusion

Organisations should update their systems to ensure compliance with the Act in light of its expanded application and the additional obligations that it now imposes on occupiers. Please see the SA – Tobacco module for further information.

Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au