Smokefree in vehicles with children
Smoking is prohibited in or on vehicles in Western Australia if a child under 17 is present
Smoking restrictions prohibit (ban) smoking in or on a vehicle if:
- the vehicle is on a road
- any other person in or on the vehicle is a child.
Terms explained
- Child – any boy or girl who has not reached 17 years of age.
- Vehicle – any thing used or capable of being used to transport people or goods on roads.
- Road –any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island on it and any parking area in a public place.
Who enforces the smoking ban in vehicles?
WA Police officers are responsible for enforcing this legislation in conjunction with the Department of Health.
Police officers may stop a vehicle and record the details of people who may have breached this law. They will then pass these details to the Department of Health’s Tobacco Control Branch for follow-up action such as a warning, infringement or prosecution.
Public support
There has been a very high level of public support for this legislation from the Western Australian public.
Penalties
If you smoke in or on a vehicle when a child under 17 was present then the following penalties (fines) may apply:
- maximum court imposed penalty – $1000
- infringement notice – $200.
More information
Email the Tobacco Control Branch or phone 9222 4222.
Remember
- Smoking is prohibited in or on vehicles in Western Australia if a child under 17 is present.
- WA Police officers are responsible for enforcing this legislation in conjunction with the Department of Health.
Acknowledgements
Tobacco Control Branch
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