Smoking and vaping will soon be banned near beach jetties and patrol flags, schools, kids’ sporting events and shopping centre entrances as part of tough new laws to protect the community.
These new legal restrictions will coincide with national reforms to limit vaping, starting with a ban on importing disposable vapes starting from 1 January 2024.
This makes it the perfect time for South Australians to make a New Year’s resolution to quit smoking or vaping – and people are encouraged to use the resources through the Quitline or the Be Smoke Free website.
From 1 March 2024, on-the-spot fines of $105 and prosecution penalties of $750 will be in place for people caught smoking or vaping in a range of new prohibited outdoor public spaces including:
* on beaches between and within 50 metres of patrol flags and within five metres of jetties
* at and within 10 metres of schools and childcare settings
* at and within 10 metres of non-residential building entrances, such as entrances to shopping centres, government and commercial buildings
* at public hospitals and health facilities, private hospitals and within 10 metres of their boundaries
* within outdoor public swimming facilities
* at major event venues declared under the Major Events Act 2013 and
* at and within 10 metres of playing and viewing areas during organised under-18 years sporting events
The new zones 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.
The expansion aims to better protect the community from the harms of passive smoke and vape inhalation.
To educate the community about the new bans, an advertising campaign will begin on 28 January, with ads running on social media, radio, billboards, buses and shopping centres.
These measures are being introduced under the South Australian Tobacco and E-Cigarette Products Act 1997 following extensive consultation with stakeholders and via the YourSAy website.
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 allows fines to be applied for non-compliance.
Consultation has also occurred for additional proposals to outlaw cigarette vending machines and to increase penalties for selling tobacco and vapes to minors, with legislation now to be drafted.
The Government is proposing to double penalties for the sale or supply of tobacco and vape 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.
These reforms coincide with new Federal Government vaping controls starting from 1 January 2024 with initially the importation of disposable vapes to be prohibited – regardless of nicotine content.
Information on quitting smoking can be found on the website besmokefree.com.au or by calling the Quitline on 13 78 48.
Further information and resources are available on the SA Health website.
Some of the advertising campaign material can be found here.
As put by Chris Picton
With new smoking and vaping restrictions coming in, there’s never been a better time to make a New Year’s resolution to quit this week.
Smoking is our biggest preventable killer and cause of disease and the rise of vaping among young people is really concerning.
We need to do more to stop the devastating effects, particularly on children.
South Australians made it very clear during consultation that they were supportive of these new regulations.
Our public spaces should be safe for everyone, including families, to enjoy.
As put by acting interim State Director Drug and Alcohol Services South Australia Dr Victoria Cock
We know how harmful passive smoking and the passive inhalation of e-cigarette vapour is – especially to young people.
Passive smoking can cause disease and harm just as actively smoking and vaping can.
These new measures are a positive step to keep the community safe from passive smoking and e-cigarette vapour.
As put by Chief Public Health Officer Professor Nicola Spurrier
The feedback from our consultation reflects the growing concern in the community about the health impacts of both smoking and passive smoking.
These new measures support a smoke-free South Australia and role model best behaviour for the next generation.
As put by Surf Life Saving SA CEO Damien Marangon
Surf Life Saving SA strongly supports the Government’s ban on smoking and vaping within 50 meters of the patrol flags on beaches and within 5 metres of jetties.
We prioritise the health and safety of our volunteer lifesavers and the general public recreating at the beach in and around the flags.
We do however wish to remind everyone that the safest place to swim is between the red and yellow flags at a patrolled location. This is where our lifesavers can see you, and where they can save you. The red and yellow flags have always symbolised the safest area on the beach, both in and out of the water, and we’re pleased that this will continue to ensure the overall safety and wellbeing for everyone in that area.
