Smoking and/or use of electronic cigarettes (e-cigarettes) and other personal vaporisers for delivery of nicotine or other substances are not permitted on local government property.
- 4.6 City of Armadale Property Local Law
Tobacco smoking is the leading cause of preventable death and disease in Australia. Smoking harms nearly every part of your body, exposes others to the dangers of second-hand smoke, contributes to financial distress, and is a burden on the health system and the environment (1).
The City of Armadale supports smoke free environments as a key strategy to reducing the negative impact of smoking in our community. A smoke free environment is the only way to fully protect our community from the dangers of second-hand smoke. Though a number of achievements have contributed to a decrease in smoking prevalence across Australia, there is still more work to be done to reduce the harm smoking causes in our community. This is particularly relevant in regards to the increased uptake of e-cigarettes or "vaping" in Australia and other countries.
E-cigarettes, or vapes, are battery powered devices that are designed to heat up a liquid (e-liquid) to allow the user to inhale the vapour. The liquid often contains nicotine and/or other chemicals, making it very addictive. The amount of nicotine in one vape can equal 50 cigarettes, sometimes more, depending on the strength and size (2).
E-cigarette use in Australia is growing. The majority of users are current tobacco smokers, however, the most alarming trend is the increase in adolescents and children taking up the habit.
Vape aerosol is not water vapour. In fact vapes can contain the same harmful chemicals found in nail polish remover, weed killer, bug spray and cleaning products. Vapes may also contain harmful chemicals that are not listed on the package (3).
E-cigarettes & "vapes" are branded to appear enticing, particularly to adolescents and children, by utilising bright colours, flavours, and different shapes for discretion, such as USBs or highlighters (pictured). A common misconception is that e-cigarettes and "vapes" are harmless or a healthy alternative to cigarettes. However, e-cigarettes and "vapes" are not safe for anyone due to the harmful chemicals they can contain that may or may not be listed on the package (3).
Image: US Department of Health and Human Services, Centers for Disease Control and Prevention (2019). E-cigarette, or vaping, Products visual dictionary. Retrieved from: https://stacks.cdc.gov/view/cdc/103783
Smoke-free areas support the community by:
- Protecting the community from second hand smoke
- Encourages and normalises smoke free environments
- Raises community awareness of the issues associated with tobacco smoking
- Reducing the uptake of smoking behaviour in children and young people by modelling non-smoking behaviour
- Providing a supportive environment for people who are trying to quit or have recently quit smoking
There are certain public places that it is an offence to smoke under the Tobacco Products Control Act 2006 and Tobacco Products Control Regulations 2006.
Smoking is not permitted:
- On beaches between the flags or other markers placed on a beach for the purpose of indicating a patrolled swimming area
- In outdoor eating areas, unless the place in which the person is smoking is a designated smoking zone
- Within 10 metres of children’s playground equipment that is in a public place or part of a public place and is not in an enclosed public place
- In or on a vehicle if a child, under 17 years old, is present (4)
- In an enclosed public place
- Outside an enclosed public place within five metres of a public entrance to an enclosed public place
- Outside an enclosed public place within 10 metres of an air intake for air conditioning equipment that is in or on the enclosed public place (5)
More information on these controls is available from the WA Department of Health.
The regulation of e-cigarettes primarily focuses on the ingredient contained in many e-cigarettes, nicotine. There are certain restrictions under the Therapeutic Goods Regulations 1990 that govern the supply and possession of poisons, among several other provisions (6). Nicotine, the active ingredient contained in tobacco products can be found in many e-cigarettes and is classified as a Schedule 7 - dangerous poison (except when in tobacco) under the Therapeutic Goods Act 1989 and Medicine and Poisons Act 2014 (7).
In Australia, this makes it is illegal to sell, supply or possess an e-cigarette or any liquid that contains nicotine without a prescription from a registered medical practitioner (or other authorised practitioner). Accompanying this legislation is the Therapeutic Goods (Standard for Nicotine Vaping Products) (TGO 110) Order 2021, a document developed to set standards for the manufacture and sale of nicotine vaping products (other than registered or therapeutic goods) (8).
In addition, under the WA Tobacco Products Control Act 2006, tobacco or general retailers are not able to sell products that are designed to resemble tobacco products, including e-cigarette devices and their components, whether or not they contain nicotine.
The City has two smoke-free policies, aiming to protect residents, staff, and visitors from the harm caused by exposure to second hand tobacco smoke. The City's Property Local Law also stipulates that smoking and/or use of electronic cigarettes (e-cigarettes) and other personal vaporisers for delivery of nicotine or other substances are not permitted on local government property.
Recognising there is no safe level of exposure to second hand tobacco smoke, the policies also seek to encourage and normalise smoke free environments and raise awareness of the issues associated with tobacco smoking.
Under the Smoke Free Outdoor Areas Policy, smoking is not permitted:
- Within five metres of doorways, and entrances, 10m of air intake vents of windows and/or undercover areas of Council owned buildings
- Within the boundaries of the:
- Youth Activity Area
- Armadale Fitness and Aquatic Centre
- Jull Street Mall
- Memorial Park
- At Council run events on its' reserves, parks, ovals, and playing fields
- On active reserves (sporting grounds) during sporting and community events
- Within 10 metres of all children's playground equipment
Under the Smoke Free Workplace Policy, smoking is:
- Prohibited in all Council owned and controlled buildings, enclosed workplace, enclosed recreational facilities and work facilities at all times
- Not permitted within five metres of doorways and 10 metres of air intake vents of Council premises
Employees, contractors and visitors are expected to:
- Be considerate of the health and wellbeing of others (e.g. not smoking along thoroughfares, footpaths and high traffic areas)
- Be discreet when smoking
- Only smoke during official work breaks in designated outdoor areas
Quitting at any age has health, financial, social, and environmental benefits. If you are thinking about quitting it is important to choose a method you feel comfortable with and that suits your lifestyle.
For more information and support to quit smoking call the Quitline on 13 78 48 or visit the Make Smoking History website.
(1) Cancer Council WA (2022). Smoking and tobacco. Retrieved from: https://cancerwa.asn.au/cancer-prevention/smoking-and-tobacco/
(2) Cancer Council WA (2022). E-cigarettes. Retrieved from: https://www.cancer.org.au/cancer-information/causes-and-prevention/smoki...
(3) Levy, D. T., Gartner, C., Liber, A. C., Sánchez-Romero, L. M., Yuan, Z., Li, Y., Cummings, K. M., & Borland, R. (2023). The Australia Smoking and Vaping Model: The Potential Impact of Increasing Access to Nicotine Vaping Products. Nicotine & tobacco research: official journal of the Society for Research on Nicotine and Tobacco, 25(3), 486–497. Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9910149/
(4) Department of Justice (2006). Western Australia Legislation, Tobacco Product Control Act 2006. Retrieved from: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_983_homepage.html
(5) Department of Justice (2006). Western Australia Legislation, Tobacco Product Control Regulations 2006. Retrieved from: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_2116_homepage.html
(6) Australian Government. Federal Register of Legislation, Therapeutic Goods Regulations 1990. Retrieved from: https://www.legislation.gov.au/Details/F2023C00011
(7) Australian Government. Federal Register of Legislation, Therapeutic Goods Act 1989. Retrieved from: https://www.legislation.gov.au/Details/C2021C00376
(8) Australian Government. Federal Register of Legislation, Therapeutic Goods (Standard for Nicotine Vaping Products) (TGO 110) Order 2021. Retrieved from: https://www.legislation.gov.au/Details/F2021L00595
X Prohibited Burning Period has been extended until Sunday 5 May 2024. READ MORE