Smoking restrictions in public places


UPDATE: Tougher new tobacco laws came into effect across Western Australia on 18 March 2019.

Read the complete Guide to changes to tobacco control legislation in WA.

Smoking restrictions in enclosed public places

The Tobacco Products Control Regulations 2006 (external site) made under the Tobacco Products Control Act 2006 (external site) prohibit smoking in all enclosed public places including those on licensed premises.

These regulations came into effect on 31 July 2006. These regulations now apply to all public premises, including:

  • shopping centres
  • theatres and cinemas
  • airports
  • cafes and restaurants
  • pubs, bars and nightclubs
  • sporting clubs.

The only exception to this is the Crown Casino’s International Room.

Read more on the regulations prohibiting smoking in enclosed public places.

Smoking restrictions in outdoor public places

There are a number of outdoor areas where it is prohibited to smoke, and where the public themselves are responsible for ensuring they follow the legislation. These include:

Smoking restrictions in outdoor eating areas

The smoking ban applies in outdoor eating areas, where people eat and/or drink sitting at tables (for example, 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.

Read more about the obligations of owner/occupiers of venues that have outdoor eating areas.

Shisha smoking restrictions and other legislative requirements

Smoking in the workplace

Smoking in a workplace is covered under the Occupational Safety and Health Regulations 1996 (external site) which are administered by Worksafe WA (external site), a division of the Department of Commerce.

The provisions in the Occupational Safety and Health Regulations that relate to environmental tobacco smoke are similar to the smoking in enclosed public places provisions in the Tobacco Products Control Regulations 2006.

Supporting smoke-free workplaces – a policy implementation guide (PDF 510KB) has been designed to assist in the development and implementation of a smokefree workplace policy that complements legislative bans in enclosed workplaces and extends to all outdoor workplaces.

The guide provides information on the health effects of exposure to environmental tobacco smoke, current smoke-free legislation and the steps that must be taken in order to meet the legal requirements.

The guide also details the ways in which organisations can help to encourage and support smoking cessation. It offers a step-by-step guide to the policy planning and decision making process and provides a sample smoke-free workplace policy.

Enforcement and penalties

Enforcement of the smoking in enclosed public places legislation is undertaken primarily by environmental health officers in local government authorities. Police officers and Department of Health investigators may also enforce the legislation.

An individual or business convicted of an offence under the legislation is liable to a maximum penalty of $2,000. If the offence is a continuing offence, a daily penalty which is not more than $50 may apply.

Infringement notices which have a modified penalty may also be issued for certain offences.

If you have any questions in relation to the enforcement of the smoking in enclosed public places legislation, contact your local government authority (external site) and speak with an environmental health officer.

Lodging a complaint

To lodge a complaint about a person or people smoking in an enclosed public place, contact the local government authority in the area of the enclosed public place and speak with an environmental health officer.

More information

Tobacco Control Branch

Environmental Health Directorate, Department of Health

  • Post: PO Box 8172, Perth Business Centre WA 6849
  • Phone: 1300 784 892
  • Fax: 9382 0770
  • Email: tcb@health.wa.gov.au

For registration information on your tobacco sellers licence, or licences held by others, visit the Public Register of Tobacco Sellers Licences (external site).

Department of Racing, Gaming and Liquor

Produced by

Tobacco Control Branch