Under-age events: smoke-free and vape-free

Smoke-free underage events - FAQs

• What is the definition of an ‘under-age music or dance event’?

  An ‘under-age music or dance event’ is an event that:

  • involves the provision of music (whether live or recorded and whether for listening to or dancing to or both)
  • is predominantly organised or intended for, or predominantly attended by, persons under the age of 18 years
  • is open to members of the public (with or without payment)
  • takes place in any area or premises other than a private residence.

• What events are affected?

  All events that fit the criteria above are required to be smoke-free. Examples of such events include:

  • FReeZA events
  • Blue Light discos
  • under-age music or dance events held at licensed premises
  • music or dance events run by schools.

• Does the ban include outdoor areas at events?

  Yes, outdoor areas of under-age music or dance events are required to be smoke-free.

• Are private parties affected?

  No, parties held at private residences are not affected by these laws.

• Are open-age events affected by the laws?

  Yes, if the event is predominantly organised or intended for, or predominantly attended by, persons under the age of 18 years.

• Who is prohibited from smoking at these events?

  Everyone at the event is prohibited from smoking, including young people, adults, event organisers, band members, entertainment providers, staff and volunteers.

• Do under-age events at licensed premises have to be smoke-free?

  Yes, the smoking ban at under-age music or dance events applies to events held in licensed premises.

• Can tobacco products be displayed or sold at these events?

  No. Event organisers must ensure that cigarette vending machines, tobacco advertisements and tobacco displays are removed or completely covered in an opaque material while an under-age music or dance event is taking place.

• What are the penalties if someone smokes at an event?

  Breach of tobacco laws	Infringement notice		Maximum penalties in Magistrates' Court
  	Natural person	Body corporate	Natural person	Body corporate
  Individual who smokes at an event (does not apply to those aged under 18 years).	1 PU	-	5 PU	-
  Person in charge of an event at the time smoking occurs.	2 PU	-	10 PU	50 PU
  Person in charge of an event who does not display acceptable ‘No smoking’ signage.	2 PU	5 PU	10 PU	50 PU

  Note: PU = penalty unit/s

• What is the value of a penalty unit?

  The value of a penalty unit is indexed annually. The current value of a penalty unit is listed on the Legislation and regulations page.

• Are there any defences?

  Yes. The person in charge of the event at the time the smoking occurs will not be guilty of an offence if they can prove that they did not provide an ashtray, matches, lighter or any other thing designed to facilitate smoking, and that:

  • they were not aware, and could not reasonably be expected to have been aware, that smoking was occurring; or
  • they asked the person to stop smoking and informed the person that they were committing an offence.

• What are the penalties in regards to selling, displaying and promoting tobacco products?

  Breach of tobacco laws	Infringement notice		Maximum penalties in Magistrates' Court
  	Natural person	Body corporate	Natural person	Body corporate
  Person who sells a tobacco product at an under-age music or dance event	3 PU	30 PU	60 PU	300 PU
  Person in charge of an under-age music or dance event who does not cover or remove a tobacco vending machine, tobacco advertising or tobacco display	3 PU	30 PU	60 PU	300 PU

  Note: PU = penalty unit/s

• Parents and young people - Is there anywhere I can smoke at an under-age event?

  No, smoking is not permitted indoors or outdoors at an under-age music or dance event. This ban applies to both young people and adults who are present.

• Are people under the age of 18 years guilty of an offence if they smoke at the event?

  No, they will not be guilty of an offence. The person in charge of the event at the time will be required to request that the young person stops smoking.