ECEC to be smoke free in SA under new laws
The Sector > Quality > Compliance > ECEC services included in new SA laws for smoke and vape free outdoor zones

ECEC services included in new SA laws for smoke and vape free outdoor zones

by Freya Lucas

January 05, 2024

Early childhood education and care (ECEC) settings are included in the list of new smoke-free and vape-free outdoor zones which come into effect on 1 March 2024.


Beach jetties and patrol flags, schools, children’s sporting events and shopping centre entrances are also part of the tough new laws designed 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.


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.


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 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.

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