You can smoke in a car anywhere in Australia as long as there is not a minor in the car.
The definition of a minor varies:
- Victoria and Tasmania: a person under 18 years old
- Western Australia: a person under 17 years old
- All other states: a person under 16 years old.
The first state to enact a ban was South Australia in May 2007 and the last was Northern Territory in December 2014.
It should be noted that passengers who are smoking can be fined. The fines payable vary from state to state and cover cigarettes and e-cigarettes.
In all cases, a police officer must witness the smoking.
ACT: $150 fine for an individual or $750 for a company., or $1000 if you go to court and lose. This is covered under the Smoking in Cars with Children (Prohibition) Act 2011.
New South Wales: The on-the-spot penalty is $250. However, if you take it to court and lose, the maximum fine that can be imposed by a magistrate is $1100. See NSW Government Health page.
Northern Territory: The on-the-spot fine is $298 and two penalty points. Magistrates have the ability to charge up to $2980.
Queensland: The fine for breaching smoking laws is a multiple of $133.45 depending on the offence. The number of units, effective 1 July 2019, is 2, therefore $266.90.
South Australia: maximum fine $750. Expiation fee $105. See SA Health.
Tasmania: The fine is $120, but if it goes to court, a fine of up to $2400 can be imposed by a magistrate.
Victoria: The maximum penalty is $584.10 with an infringement penalty (on-the-spot fine) of two penalty points ($233.64).
Western Australia: The on-the-spot fine is $200. If it goes to court, the maximum penalty is $1000.
Darren is an expert on driving and transport, and is a member of the Institute of Advanced Motorists
