Health & Families

Smokefree areas

Are there places I can still smoke?

You are still able to smoke in most outdoor areas.
You can smoke in your own home if it is not being used to provide commercial childcare.
You can smoke in your own home if it is not being used as a workplace that is accessible by the public or clients and if no other employee of the workplace is present.
If you live in group or shared accommodation, you may be able to smoke in your private room.
Alfresco dining areas, that is, courtyard, footpath or balcony dining areas that are not enclosed, may allow smoking depending on the policy of individual restaurateurs.
Smoking is also permitted in certain areas of bars, clubs, hotels, roadhouses and casinos.

What if someone smokes where they shouldn't?

If you are a patron in a nonsmoking venue then you can expect to not have anyone smoke near you.
As a member of the public, you could point out that the area is nonsmoking and ask them to stop. Let the occupier know the situation. If someone continues to smoke, the occupier is required to take steps. They could call the Police who can issue on-the-spot fines.
If the situation occurs in a workplace, Work Health Officers are empowered to issue on-the-spot fines.
The experience in all other States and Territories has been that smokers are more than willing to comply with smokefree legislation.

Does my workplace have to be smokefree?

Yes. From 31 May all enclosed workplace areas are required to be smokefree.
The legislation describes a workplace this way:
" "Enclosed workplace area" means a place, or part of a place, of employment that has a ceiling or roof and (except for doorways and passageways) is completely or substantially enclosed by walls, windows, blinds, curtains or other objects, materials or thingsï¿½"
Large structures with overd roller doors as walls, that are left open all day, are considered unenclosed and smoking may be permitted.
The rule covers the entire workplace including staff rooms and work vehicles.
People can still smoke outdoors, 2 metres away from a doorway and 3 metres from an air conditioning inlet.

Do I need no smoking signs at work?

Not necessarily. IF your workplace is not generally accessed by the public then signs are not required, because all workplaces are smokefree. Shops and areas generally used by the public must have no smoking signs.
Signs can help staff to note areas where they cannot smoke, such as within 3 metres of an air conditioning inlet, or 2 metres from a doorway. However, they are not required by law. Regulation signs are available from Territory Business Centres or at Health House, Mitchell St, Darwin. You can create your own signage for areas which don't require signs under the law.

I work on an oil rig. Can I still smoke?

Oil and gas platforms are the only workplaces where a smokers room can be designated, because staff cannot go outside to smoke.
The room has to be separately ventilated, and fully separate from other rooms. The general recreation room cannot be used as the smokers room.

Are liquor licensed premises nonsmoking?

Liquor licensed premises must provide smoking and nonsmoking areas of equal amenity. They must demonstrate a policy which does not increase staff exposure to ETS. All staff serving food, no matter where they work, must do so in a nonsmoking environment. All thoroughfares, areas of common access, toilets and corridors must also be nonsmoking.

What is equal amenity?

Areas in liquor licensed premises must be designated as smoking or nonsmoking. Equal amenity means the nonsmoking areas must be equally attractive and offer the same type of service or amenity as the smoking areas. This only applies to areas not already nonsmoking, such as dining areas, lobbies, toilets and thoroughfares. No smoking areas must have signs in place.
Staff rooms, office areas and all other enclosed workplace areas must be nonsmoking.

Are restaurants smokefree?

Yes. All restaurants, whether they are licensed or not are completely nonsmoking in the enclosed areas. They can permit outdoor smoking. The area is enclosed if it " has a ceiling or roof and (except for doorways and passageways) is completely or substantially enclosed by walls, windows, blinds, curtains or other objects, materials or thingsï¿½"

Can I eat my counter meal at the bar?

All areas where food is served must be smokefree. However, in liquor licensed premises (not restaurants) a patron may choose to carry their meal to a smoking section and eat it there (depending on the venue's policy). Food service staff must not provide service in the smoking area.

Can I eat chips and nuts at the bar and still smoke?

Yes. Selling prepackaged snacks (such as chips and nuts) at the bar does not make the bar a 'food service area'. However, other food cannot be served at the bar if the bar permits smoking. If the bar is a no smoking bar, then any type of food can be served there.

Can a dining room be used for a different purpose and permit smoking?

Yes. A liquor licensed premise may want to use a dining room for a different purpose, for example to watch a sporting event on TV. While the room is not used as a food service area smoking may be allowed there, always noting that the principle of equal amenity applies.

Can I play poker machines and smoke?

Small venues do not have to provide 'no smoking' poker machines. If the venues has more than 25 machines, then all additional machines have to be half and half, smoking/
nonsmoking.

Are gaming tables and machines nonsmoking at the casino?

Casinos must offer nonsmoking gaming machines and tables on the basis of equal amenity.
Casinos are still required to have nonsmoking thoroughfares, lobbies, food service areas and toilets.

Selling Tobacco

Can I display different sizes of the same tobacco product?

Yes. A change to the Regulation means that you can now display on pack of every type and of product you sell. That includes one pack of each type of carton.

Can tobacco products be seen through the window?

Tobacco displays must not face toward a window or a doorway. If the display happens to be side on to a window, that is permitted. The sides of the packets need to be shrouded so they are not facing the window.
If your display does face a window or doorway, it has to be two metres back from the window or doorway.

Do the display restrictions include roll-your-own papers?

No. Smoking paraphernalia like papers, filters, lighters and pipes are not included in this legislation. There are no restrictions on their display, and their display is not included in the total 4 square metres.

What things are classed as confectionery?

The tobacco display must be two metres from "a display of products designed or marketed for consumption or use by children (including but not limited to displays of confectionery and toys)."
Some things have been generally considered not to fall in this category, such as 'Beef Jerky' and cough lozenges. On the other hand, collectible toys like antique teddy bears, toys sold for charity, and chewing gum are included in this definition and must be two metres from the tobacco display. If you are not sure, ask yourself what would a reasonable person think? Would a child generally use or be interested in the product?

How can I prevent selling tobacco to a minor?

You are not permitted to sell or give tobacco to anyone under 18. You risk losing your licence to sell tobacco. You should ask customers to show some photographic identification such as a driver's licence, 18+ Card or a passport. These are the only acceptable forms of ID if a case is brought against a retailer, and you must have no reason to suspect that the ID is false.

Licences

I have more than one point of sale. Do I need more than one licence?

Yes. A licence is for one premise, which can only have one point of sale (two for a bar area if one is a vending machine). In a shop, you can only sell tobacco from one point. If you have two separate shop areas, such as a supermarket and a liquor store, then you can apply for two licences.

I have a smoko van. Can I still sell tobacco?

Yes. A licence relates to a premise, so you will have to prove the premise from which you will sell. You will be given a 'mobile vendor' licence. All Regulations apply to a mobile vendor in the same way as any other retailer.

Are 'cigarette girls' still permitted?

No. Tobacco has to be sold over the counter from a premise with a licence. A display can have no moving parts, and tobacco products can only be displayed at the point of sale. So cigarette girls and boys are no longer permitted in the NT. Also, all advertising of tobacco products is banned, which includes clothing promoting a tobacco product or company.

Can I still have a vending machine?

Only if you have an onsite liquor licence. Vending machines are not permitted in shops or lobbies. If you have a bar then there are specific rules about the placement and displays for vending machines.

Frequently Asked Questions

Smokefree areas

Selling tobacco

Licences

Smokefree areas

Selling Tobacco

Licences