Based on personal experience, personality style and emotional concern, we find that some hold the notion that smoking in public places should be banned.
Smoking should be banned in public places because, even though some
think it will impose on their freedom, smoking is full of harmful
substances and people should be able to go out to bars and restaurants
without the fear of having an asthma attack or getting lung disease.
Under the Northern Territory's Tobacco Control Act 2002 and Tobacco Control Regulations, smoking is banned in enclosed public areas, enclosed workplaces, outdoor public venues, food service areas, public transport, public transport areas, entrance areas, air conditioning inlet areas, outdoor eating and drinking areas and voluntarily declared areas. From 2 January 2010, licensed venues and substantially enclosed areas were included in the ban. As of 2 January 2011, smoking was banned at outdoor eating and drinking areas. Licensed premises are covered by the ban, but these venues may provide an outdoor smoking area (OSA) that makes up no more than 50 per cent of the total outdoor eating and drinking area. The OSA must be separated from the smokefree portion of the outdoor area, and no entertainment may be provided within an OSA. Outdoor public venues that do not serve food may also designate a smoking area.
The Smoke-free Environment Act was further amended in August 2012 to introduce laws banning smoking in various ‘outdoor public places’ (see below for further detail).
In September 2009 the Northern Territory Government announced that from 2 January 2011 outdoor eating and drinking areas in the Northern Territory would be required to be smokefree. Relevant amendments to the legislation were passed in 2010. Outdoor eating and drinking areas are defined as any outdoor public place provided for the consumption of food or drink, or where a person would expect to be able to consume food or drink provided by an on-site food service. Licensed premises are included in the ban, but may designate up to 50 per cent of their total outdoor eating and drinking area as an exempt area, known as an outdoor smoking area (OSA). An OSA may be no more than 50 per cent of the total outdoor eating and drinking area, and must be separated from the no-smoking portion of the outdoor area by either a 2.1 metre high barrier or two metre wide buffer zone. The OSA must be clearly marked, and no entertainment may be provided within the OSA (including gaming machines or pool tables). The amendments also enabled workplaces, venues, organisations and local governments to voluntarily implement outdoor smokefree areas that would be enforceable through the Tobacco Control Act.
Smoking in public places causes a
considerable amount of harm to people and the government should be
doing more to protect citizens
Cigarettes are full of many harmful substances and if many people knew
what they were inhaling they would probably quit immediately.
Smoking in public places causes a considerable amount of harm to people and the government should be doing more to protect citizens Cigarettes are full of many harmful substances and if many people knew what they were inhaling they would probably quit immediately....
Every state and territory bans smoking in enclosed public places. Indoor environments such as public transit, office buildings, shopping malls, schools and cinemas are smokefree across the country. There is, however, great variability between jurisdictions in terms of exemptions from indoor bans. Regions also have different approaches for managing smoking in outdoor areas. A detailed overview of these important variations between each state and territory is provided in this section. See also for a summary of the state and territory smokefree laws. Local governments in a number of states have also enacted local laws to ban smoking in outdoor areas not covered by state legislation.
Smoking is banned in enclosed public places in the Australian Capital Territory under the Smoke-Free Public Places Act 2003 (ACT) ('the Smoke-Free Public Places Act'). To be considered 'enclosed', a public place must have an overhead cover, and be 75 per cent or more enclosed. Smoking was first banned in most enclosed public places including dining areas of restaurants and cafes under 1994 legislation, making the Australian Capital Territory the first Australian jurisdiction to ban smoking in restaurants. The Australian Capital Territory was also the first jurisdiction to ban smoking in enclosed areas of pubs and clubs when it enacted a partial ban in these areas four years later. A complete ban on smoking in enclosed areas of pubs and clubs came into effect on 1 December 2006. Since 9 December 2010, smoking has been banned in outdoor eating and drinking places (other than in designated outdoor smoking areas of licensed premises) and at under-age functions. The Smoke-Free Public Places Act also requires occupiers of premises to take reasonable steps to prevent smoke from entering no-smoking areas, including neighbouring premises. This may require that smoking not occur in some outdoor public places, such as areas near to windows, doorways and air intakes. Smoking is also banned in all enclosed areas of the Canberra casino. The Australian Capital Territory, South Australia and Tasmania are the only Australian jurisdictions to have banned smoking in all enclosed areas of casinos including high-roller rooms.
From 9 December 2010 smoking was banned in all outdoor eating and drinking places in the Australian Capital Territory apart from designated outdoor smoking areas at licensed premises. Smoking is banned only during periods where food or drink is being offered or provided, consumed or cleared. An 'outdoor eating and drinking place' is defined as a public place where tables and chairs are provided for customers to consume food purchased from an on-site service, or any liquor licensed outdoor area. Liquor licensed venues such as pubs, clubs, taverns and bars may designate part of their licensed outdoor area as a designated outdoor smoking area (DOSA). A DOSA must be separated from non-smoking outdoor areas by a non-permeable wall, or a four metre wide buffer zone. No food or drink service may be provided and no food may be eaten within a DOSA. In addition, the occupier of the licensed premises must maintain a smoking management plan and take reasonable steps to prevent smoke from the DOSA entering any other part of the outdoor eating or drinking place.
Smoking is banned in 'enclosed public places' in New South Wales under the Smoke-free Environment Act 2016 (NSW) ('Smoke-free Environment Act') and Smoke-free Environment Regulations 2016 (NSW) ('Smoke-free Environment Regulation'). This includes shopping centres, dining areas, schools, business premises, community centres, churches, theatres, libraries, public transport, motels, recreation centres, childcare facilities and hospitals. Smoking was banned in all 'substantially enclosed' licensed premises in New South Wales from 2 July 2007 after being phased in from 2005 to 2007. The phase-in period involved a ban on smoking in 50% of the enclosed area of hotels, nightclubs and clubs in 2005. The ban was increased to 75% of the total enclosed area of licensed venues in 2006 and finally in 2007 a total ban on smoking in all enclosed (including substantially enclosed) areas of licensed premises was imposed. Smoking is permitted in private gaming rooms of casinos.