The state government today opened consultation on draft legislative changes to tobacco control and e-cigarette laws, in a move it says will tackle the “well-established risks associated with smoking, passive smoking of second-hand smoke, and e-cigarettes containing toxic chemicals that can pose a risk from passive inhalation”.

The proposed changes to the Tobacco and E-Cigarette Products Act 1997 would expand the list of smoke-free and vape-free outdoor public places in South Australia.

Currently, smoking and vaping is banned in outdoor dining areas, playgrounds, public transport waiting areas and declared smoke-free outdoor areas and events.

The reforms would see smoke and vape free areas expanded to:

• Within 10 metres of schools and childcare centres.
• Within 50 metres of patrol flags on beaches and within five metres of jetties.
• Within five metres of “non-residential building entrances”, such as shopping centres and commercial buildings.
• Within five metres of non-residential building entrances, such as entrances to shopping centres, government and commercial buildings.
• Within five metres of public and private hospitals as well as health facilities, such as aged care centres.
• Within outdoor public swimming facilities.
• Within 10 metres of under-18s sporting events.

Some of these sites already apply smoking bans, but the state government says these individual site policies are “not bound by law” and do not always cover vaping.

Also proposed under the changes is a ban on cigarette vending machines in retail outlets and licensed premises.

Currently, licensed premises are only allowed to have one cigarette vending machine on site.

Further, fines and prosecution penalties for selling tobacco products to minors would double.

The on-the-spot fine for selling tobacco products to a minor would increase from $1200 to $2400, while the prosecution penalty for a business would increase from $20,000 to $40,000.

The prosecution penalty for an individual would also increase from $5000 to $10,000.

The state government claims the legislative changes will result in “the most comprehensive smoke-free laws in Australia”.

“Smoking is our biggest preventable killer and cause of disease and we need to do more to stop its devastating effects,” Health Minister Chris Picton said.

“We make no apologies for seeking to introduce tougher bans and penalties particularly where children are impacted.

“Smoking has a tragic cost on human lives and is also a burden on our health system in delivering care for those affected.

“The significant increase in vaping among young people is extremely concerning and a trend that we must stop.”

Consultation on the proposed changes closes on Sunday, May 14.

The state government said the reforms flagged today would be the first in a series of announcements in the coming weeks regarding a crackdown on smoking and vaping.

Subsequently, the state government announced a trial of a new “incentive to quit” program, which will offer up to $150 in supermarket vouchers for people based on how long they can go without smoking or vaping.

The program will initially be focussed on supporting Aboriginal people to quit before being rolled out to people with heart, lung and mental health conditions.

The trial, funded by Drug and Alcohol Services SA at a cost of $500,000, will run until the end of June 2024.