Is it illegal to smoke at your house in Australia?

What are a smoker's rights at home? Under NSW strata law, it's illegal to light up in your home or on your balcony if the smoke drifts into other residences. Smoking is also banned on common property unless specifically allowed by the body corporate. If you're in a vehicle with a child, it's illegal to smoke or vape.

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Is it legal to smoke Indoors in Australia?

In all states and territories, it's illegal to smoke in enclosed public places including: public transport such as trains, planes and buses. office buildings. shopping malls.

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What can you do if your neighbor smokes?

Your city or county health department or local smokefree coalition can assist you. Even if there isn't currently a law in your area, there may be efforts underway to track complaints about drifting smoke in housing, encourage landlords to make their buildings smokefree, and other local resources that you can utilize.

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What are the laws on smoking in Australia?

Smoking and using e-cigarettes are banned in all enclosed public areas and certain outdoor public areas, under the Smoke-free Environment Act 2000and the Smoke-free Environment Regulation 2016. These bans protect people from harmful second-hand tobacco smoke. There is no safe level of exposure to second-hand smoke.

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What happens if you smoke in the house?

It moves. The harmful chemicals creep from room to room, waiting for your child to breathe them in. Second-hand smoke contains more than 4,000 toxic chemicals. The particles are smaller than dust and drift easily as you move through the house and open doors.

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44 related questions found

Can I smoke a cigarette in my house?

There is no safe amount of secondhand smoke exposure. The home is the main place many children and adults breathe in secondhand smoke. To protect yourself and those around you, do not smoke or let anyone smoke in your home or car, and encourage family members to quit smoking.

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What to do if someone in your house smokes?

Talk with your doctor if secondhand smoke is affecting your health and get a note from them that exposure to secondhand smoke is or may be contributing to your illness. Talk with your landlord/property manager about the secondhand smoke problem in your apartment.

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Can you complain about Neighbours smoking Australia?

Report the issue to your local council

If you have tried speaking with the neighbour and the issue isn't resolved, report it to your local council. Second-hand smoke is a nuisance and a hazard and should be treated the same as noise complaints.

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Can you smoke on your balcony in NSW?

Smoking on the property is listed as a nuisance under the NSW Strata Schemes Management Act 2015. Section 153 states that an owner or tenant must not cause a nuisance or hazard to the occupier of any other lot, or interfere with the use or enjoyment of the common property.

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Can you smoke in your car Australia?

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.

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Can I sue someone for smoking around me?

Sue Your Neighbor for Nuisance

Even if the smoker doesn't live under a no-smoking restriction, you might find a court to be sympathetic if you sue the smoker for creating a private nuisance (interfering with your ability to use and enjoy your property).

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How do I report someone smoking?

You may report on any tobacco-related offences via one of the following methods: Calling the Tobacco Regulation Branch at 6684 2036 or 6684 2037 during office hours (9.00am to 5.30pm, Monday to Friday).

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What happens if you smell cigarette smoke in your house?

The nicotine in tobacco smoke reacts with nitrous acid – a common component of indoor air – to form the hazardous carcinogens. Nicotine remains on surfaces for days and weeks, so the carcinogens continue to be created over time, which are then inhaled, absorbed or ingested.

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Can you smoke on balconies in Qld?

The tribunal ultimately decided that the owner cannot smoke on the balcony but only within the actual walls of the apartment with closed windows and doors and take reasonable steps to ensure that the smoke does not affect anyone using a neighbouring apartment.

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Can you smoke on the beach in Australia?

Smoking is banned between the lifesaving flags, and within a 50-metre radius of each flag, at all patrolled beaches. Some councils also have local laws prohibiting smoking in other beach areas. Lifesavers do not have a role in enforcing the ban, but are free to remind any smoker of the 'No smoking' signs.

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Can you smoke on patios in Australia?

Since 1 December 2006 a smoking ban has applied to all enclosed public places. The laws were extended to prohibit smoking in most outdoor eating areas starting in December 2010. Exceptions to this rule can be made but only under certain guidelines.

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Can you smoke on common property NSW?

An owner or occupier of a lot, and any invitee of the owner or occupier, must not smoke tobacco or any other substance on the common property, except: in an area designated as a smoking area by the owners corporation, or.

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Can you smoke outside in NSW?

​The Smoke-free Environment Act 2000 makes a number of outdoor public places smoke-free. Smoking is banned within 4 metres of a pedestrian entrance to or exit from a public building in NSW. This law is called the '4 metre law'.

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Can you smoke in a park NSW?

The ban on smoking applies to all parks gazetted under the National Parks and Wildlife Act 1974 (NPW Act), and to other lands managed by NPWS. Smoking is banned in most areas in parks, including picnic areas, campgrounds, beaches, lookouts, walking tracks and on park roads.

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Can my neighbors smell me smoking in my backyard?

Yes, if you don't smoke yourself you can easily smell tobacco or weed at quite some distance, easily between normal suburban houses, obviously depending on wind speed and direction.

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How do I report illegal smoking in NSW?

For further information or for any other complaints, please call the Tobacco Information Line on 1800 357 412.

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Is it illegal to smoke in a car with a child in Australia?

Under the Public Health (Tobacco) Act 2008 it is an offence to smoke in a car with a child under 16 years of age in the vehicle. If a passenger is smoking, the driver will also be liable.

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How long does smoke stay in the air?

The median (interquartile range [IQR]) for the time for the SHS peak to decay by 50% was 55 (23-116) min, and the median (IQR) for the peak to reduce to the WHO guidance value for PM2. 5 was 160 (90-313) min. Conclusions: SHS remains in household air for a considerable period after smoking a cigarette.

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How long does smoke stay in your lungs?

Many of the chemicals produced from smoking can get stuck in the lungs, such as tar, that don't start to clear out until you quit smoking, but the evidence for how long it takes to get tobacco smoke particles out from the lungs indicates anywhere between 18 to 90 seconds, with a mean number of breaths required to wash ...

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