South Australia Government expands smoke and vape free areas to include beach jetties and patrol flags

The South Australian Government has introduced new laws effective 1st March 2024, which will see on-the-spot fines of $105 and prosecution penalties of $750 in place for people caught smoking or vaping in a range of new prohibited outdoor public spaces across the state.

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.

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.

These new legal restrictions will coincide with national reforms to limit vaping, starting with a ban on importing disposable vapes starting from 1st 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.

New prohibited outdoor public spaces include:

• 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 expansion aims to better protect the community from the harms of passive smoke and vape inhalation.

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.

Surf Life Saving SA Chief Executive Damien Marangon notes “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.”