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Extensions to Anti-Smoking Legislation in NSW

Updated on March 10, 2015

The Reasoning

Everybody know that smoking is a killer. That's no secret, but the NSW government is trying to crackdown on the passive effects that smokers have on those around them. The NSW government has released reports stating the harm that passive smoking causes.

The Law As It Is Today

In 2012 the New South Wales Parliament introduced their round of changes to the anti-smoking legislation. This was then followed up by further restrictions introduced on 7 January 2013. These legislation changes were implemented to outdoor areas such as:

  1. Smokers are not allowed to within 4 metres of a pedestrian access point. This included public buildings such as commercial / combined residential buildings and non-residential buildings.
  2. Public transport platforms such as train stations, light rail stations, bus zones, taxi bays what wharves where ferries depart from.
  3. Children's play equipment. Smokers must maintain a minimum of 10 metres.
  4. Certain sporting events. Spectator areas and sporting grounds.
  5. Open spaces around public facilities such as swimming pools.

There were strict methods of enforcement surrounding these legislation changes and effectively smoking was reduced in these public areas.


The Changes to Be

The next wave of changes will be hitting NSW in July 2015. These changes are an addition to the existing exclusion zones. The particular spaces being effected by the new changes are:

  • Clubs
  • Hotels
  • Restaurants
  • Cafes

The legislation surrounding these venues present does not affect patrons smoking outside these premises, however the legislation that is to begin will change this. The new legislation means that these venues will be added to the "4 metre zone". Meaning that outdoor seated areas of these venues will be required by law to enforce to total smoking ban along with a 4 metre smoke-free zone starting from entrance or exit.

In addition, at food fairs a smoking free zone will be enforced from 10 metres from the point in which the food is sold.

The reason that these changes were not enforced in the first wave of anti-smoking legislation was that the government deemed it necessary to give these venues time to make the needed changes in order to enforce these laws.

Example of no smoking signage



These venues in which the new anti-smoking legislation target will be required by law to introduce "No Smoking" signage throughout their venues. NSW Health Inspectors will ha have the authority to enforce bans and give penalties of $550 for anyone and any venues who wishes to not comply with the legislation.

Venues will be expected to have their locations comply with these laws right from the starting date of 6 July 2015. The expectations are that the venues will enforce that legislation changes, so that the patrons will have no excuses for disobeying the new laws.


-Information from: Dooley & Associates Solicitors

NSW Government

-Images from: WikiCommons


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