Outdoor pedestrian malls' smoking ban
From 1 September 2016, smoking is banned in outdoor pedestrian malls in Queensland under the Queensland Government’s Tobacco and Other Smoking Products Act 1998.
The smoking ban includes the use of all smoking products, including regular cigarettes and electronic cigarettes.
Outdoor pedestrian mall areas in Brisbane
Mall areas in Queen Street Mall:
- Queen Street - from Edward Street to George Street
- Albert Street - from Elizabeth Street to Adelaide Street
- Adelaide Street - from Edward Street to George Street
- Edward Street - from Queen Street to Adelaide Street
- George Street - from Adelaide Street to Queen Street
- Reddacliff Place
- Burnett Lane.
Mall areas in Fortitude Valley:
- Brunswick Street - from Wickham Street to Ann Street
- Duncan Street - from Wickham Street to Ann Street
- Wickham Street - from Brunswick Street to Duncan Street.
Council enforcement of the smoking ban
All enforcement regarding smoking offences is taken with a view to cease the activity by engagement practices. Council officers may issue an infringement notice (PIN) when engagement is ineffective or if a person has received two prior warnings, being a verbal direction to cease and a warning infringement notice.
The PIN is two penalty units.
If the matter proceeds to a court hearing, the court may award a maximum of 20 penalty units plus costs.
As of 1 July 2023, the value of a penalty unit is equal to $154.80. The fine amount must be rounded down to the nearest dollar after the calculation. For example, the fine amount for an infringement of two penalty units is: 2 x $154.80 = $309.60. The rounded down fine amount is $309.
For more information on tobacco laws and enforcement in Queensland, phone the Queensland Government on 13 74 68 or view their website.