Smoking and vaping will be banned in a range of outdoor public places including near schools, shopping centres, buildings and children’s sporting grounds, under a bold new plan to curb smoking and e-cigarette use in South Australia and better protect people from dangerous second-hand effects.
The proposed tough new laws to stub out smoking are part of an ambitious strategy released today by the State Government aimed at achieving the lowest rate of smoking and e-cigarette use nationally within the next five years.
The regulations – which the Government will now consult on – would significantly increase the number of outdoor places in SA where smoking and vaping is banned, in addition to the current smoke-free laws which include outdoor dining areas, playgrounds and public transport shelters.
Other states already ban smoking and vaping in many of these public places but the State Government’s plan will result in the most comprehensive smoke-free laws in Australia.
The Government is also proposing to outlaw cigarette vending machines in licensed venues and increase penalties for selling to minors, and will also consult stakeholders about this.
The Government is proposing to double penalties for the sale or supply of tobacco products to children.
This would increase fines from $1200 to $2400 and would raise the maximum prosecution penalty for a first offence from $20,000 to $40,000 for a business and $5000 to $10,000 for an individual.
Consultation will take place via the YourSAy website from today for a four-week period.
These tough initiatives are the first in a series of announcements the Government will make in coming weeks to crack down on the use and supply of tobacco and e-cigarettes in SA.
The state’s new Tobacco Control Strategy 2023-27 includes a range of programs and initiatives to drive down the prevalence of smoking in South Australians aged 15 and over to six per cent by 2027 – the most ambitious target in the country.
This comes as a new report from the South Australian Health and Medical Research Institute (SAHMRI) shows that in 2022, South Australia reached a daily smoking rate of 8.2 per cent.
Smoking is the single biggest cause of preventable death and disease in Australia and more needs to be done to cut the deadly habit and protect others from passive smoking.
Concerningly, the strategy highlights some groups with very high smoking prevalence such as people living with a mental illness, with a daily smoking rate of about 18 per cent.
There has also been a significant increase in e-cigarette or vape use, particularly among young people, with data showing the percentage of people aged 15 to 29 using e-cigarettes (daily, weekly or less than weekly) increased to 7.8 per cent in 2022, from 1.1 per cent in 2017.
The state’s new Tobacco Control Strategy sets out a vision to support the reduction in daily smoking and address the increasing use of e-cigarettes through measures such as media campaigns, evidence-based quitting services, product and sale regulation, and strong enforcement of tobacco and e-cigarette laws.
It includes a commitment to protect children and young people, and prioritises reducing smoking in high prevalence groups, particularly Aboriginal communities, people with mental illness and people living in lower socio-economic communities.
As one of the key actions in the Strategy, the State Government will consult with stakeholders on how best to introduce new smoke-free and vape-free laws in outdoor public areas, particularly those that are popular with young people.
The proposed new laws would ban smoking and vaping in the following outdoor areas:
- Within ten metres of children’s education and child-care centres, including schools
- Within five metres of non-residential building entrances, such as entrances to shopping centres, government and commercial buildings
- At public hospitals and health facilities (including aged care facilities) and private hospitals, and within five metres of their boundaries
- Within outdoor public swimming facilities
- At major sports or events facilities
- At or within ten metres of playing and viewing areas during organised under-18 years sporting events
- On beaches within fifty metres of patrol flags and under and within five metres of jetties.
Currently, individual site policies might restrict smoking at some of these areas but they are not bound by law and might not cover vaping. The existing policies often apply only to the site itself, not the surrounding area.
Legislating the bans would also allow fines to be applied for non-compliance. The maximum penalty is $750 for a prosecution and $105 for a fine.
Minister for Health and Wellbeing Chris Picton says that he makes no apologies for seeking to introduce tougher bans and penalties particularly where children are impacted.
“Smoking is our biggest preventable killer and cause of disease and we need to do more to stop its devastating effects.”
“Smoking has a tragic cost on human lives and is also a burden on our health system in delivering care for those affected. The significant increase in vaping among young people is extremely concerning and a trend that we must stop.”
DASSA State Director Marina Bowshall says that “We are proud to launch a five-year strategy which aims to have the lowest smoking rate in the nation and ultimately improve the health and wellbeing of South Australians.”
“The SAHMRI data showing the prevalence of e-cigarettes in the community is alarming, and we are putting in place measures to reduce the uptake and prevalence of these devices.”
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