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As of 1 July 2024, the penalty unit amount is $161.30. More information on all of the requirements for a DOSA is available on the Queensland Health website. The sample smoking management plan is an example of how the plan could be filled out. The Smoking management plan template is the blank version of the plan that you can use to create a plan for your premises. Licensees should update their Smoking Management Plan to reflect how they will support compliance with the new laws at their venue. Smoking bans apply to enclosed and outdoor areas of all places where food or drink is provided by a business or organisation. The Retailer factsheet (PDF), and updated Smoking Products Retailers Guide (PDF) include information to help your business understand new and existing smoking products supply requirements. Smoking, including the use of electronic cigarettes, is banned across Queensland in a number of outdoor public areas, eating and drinking venues and education, healthcare and residential aged care facilities, as well as some communal areas in multi-unit residential premises. Smoking laws in Queensland aim to improve health by creating a culture that reduces exposure to tobacco and other smoking products and second-hand smoke, supports smokers to quit and discourages people from taking up the habit. Please upgrade your browser to a version on the supported browser list For example, on a cold and windy day, plastic walls could be pulled down, and this can have the effect of making the outdoor area 'enclosed'. An up-to-date Smoking Management Plan is a legal requirement for liquor licensed venues that provide a DOSA. The Queensland Government has introduced laws that strengthen smoke-free protection at liquor licensed venues. Tough restrictions also apply to the supply, advertising, display and promotion of smoking products. Laws in Queensland ban smoking at places people gather to spend time with family and friends or that are part of every-day living. The laws are monitored and enforced by Queensland Health Environmental Health Officers who provide advice and education, respond to possible breaches and issue warnings and on-the-spot fines. As another example, a premises may have two small DOSAs, but on an 'event' day may want to have one larger DOSA. The sign can also display words that indicate smoking is not permitted. The Retailer factsheet is available in a range of languages, you can view a version of the factsheet in your language. If the area has three or more walls, it most probably will meet the definition of enclosed. If the answer is 'no', the area will most likely be an outdoor area as it cannot meet the definition of enclosed. Refer to sections 26W - 26ZC of the Tobacco and Other Smoking Products Act 1998, for details on the legislative requirements for outdoor eating or drinking places. An outdoor area is an area that does not meet the above definition of enclosed. A premises that is permitted to provide a DOSA is not permitted to provide a smoking-only area. A DOSA is an outdoor area where patrons who wish to smoke may take their drink while they have a cigarette. You can report a possible breach of current and new smoking laws, including smoking or vaping in smoke-free areas. The maximum penalty for someone smoking or vaping in a smoke-free public place is 20 penalty units with an on-the-spot fine of 2 penalty units. The new smoke-free requirements are outlined below, and you can download this fact sheet (PDF, 80.8 KB) . Another thing to consider is what materials the walls or fences are made from. As a general rule, if the area has only one wall, it will most probably not meet the definition of enclosed. If the answer is ‘yes’, then is the area surrounded by walls or fences or otherwise enclosed? This is allowed, but the Smoking Management Plan must include the details of the different scenarios and all configurations must meet legislative requirements.
