Search:

  
Delivering a Healthy WA
Tobacco Control Branch  

Tobacco Products Control Amendment Act 2009

The Tobacco Products Control Amendment Act 2009 (PDF 38KB) (the Amendment Act) will come into effect on 22 September 2010. All new smoking and display restrictions apply from this date.

The amendments introduce the following tighter restrictions on tobacco use, with the aim of protecting children and adults from the harmful consequences of passive smoking and the promotion of tobacco products:

  • Ban on the display of tobacco products and smoking implements in retail premises, but allows "specialist retailers". to continue displaying tobacco.
  • Ban on smoking in all outdoor eating areas – public place provided on a commercial basis where people eat or drink sitting at tables e.g. restaurants, hotels, cafes and food outlets.
    • Liquor licensed premises that are not the subject of a restaurant licence may allocate a smoking zone up to 50% of all outdoor eating areas, provided the area is not already an "enclosed public place".
    • Staff in a liquor licensed premise must not be forced to provide service in a smoking zone and cannot be dismissed for refusing to do so;
  • Ban on smoking in or on cars with children under 17 years present;
  • Ban on smoking within 10 metres of children’s playground equipment; and
  • Ban on smoking between the flags of patrolled beaches.

New Regulations to support the Amendment Act

The Tobacco Products Control Regulations 2006 (external site) were developed in consultation with key stakeholders including Local Government and retail representatives.

Display of tobacco products and smoking implements banned

Tobacco retailers will need to ensure that tobacco products, including individual packets and cartons as well as smoking implements cannot be seen by the public from inside or outside the premises.

Smoke free between the flags at patrolled beaches

Smoking prohibited “between the flags” on a beach in patrolled swimming areas.

Playgrounds are Smoke free

Smoking banned within 10 metres of any children’s playground equipment.

Smoke free cars

Smoking banned in or on a vehicle, where a child under the age of 17 years is present,

Outdoor eating areas are smoke free

Smoking bans apply in outdoor eating areas, where people eat and/or drink sitting at tables (e.g. restaurants, cafes, delis, lunch-bars and hotels).

Liquor licensed premises that are not subject to a restaurant licence may set aside up to 50 per cent of outdoor eating areas as smoking zones.

Media Releases