Smoking & Cigarettes on Stage — AustraliaEasyStagecraft Suite · Module 3 (Risk Assessment) resource · state-by-state position on lit cigarettes, herbal/clove substitutes, vapes and props in live performance · pin to the production office wall

Accurate as of June 2026 — general guidance only, not legal advice Smoke-free laws change frequently. The exemptions below are a starting point for a risk assessment — they are NOT permission to light anything. Always confirm the current position with your state health regulator AND your venue before any production decision. This card does not override your venue's licence conditions, your fire-alarm/sprinkler situation, or your school's own policy.
The safe default for a school production — use this unless you have a written reason not to Do NOT light real tobacco. Use a prop / herbal / clove / "fake" cigarette or a non-vapour electronic prop, paired with a tiny burst of theatrical haze for the "smoke" read if needed — and only with the venue's fire-alarm zone isolated by the venue (never by you). Get written principal / business-manager sign-off, notify the audience in the programme/front-of-house, and record the whole decision in your Module 3 risk assessment. This default is legal in every state and territory. Only deviate (i.e. real tobacco) where the state has a clear exemption AND you have signed sign-off — and for a school, almost never.

Why schools carry an EXTRA layer

Every state below treats a theatre as an enclosed public place / enclosed workplace — that's the first layer. For a school you stack two more on top: (1) school grounds are smoke-free by law and by department policy in every jurisdiction, and (2) your performers are minors, so supplying or having them handle a tobacco/vaping product is its own separate offence regardless of any "performance" exemption. A performance exemption that lets a professional adult actor smoke on a commercial stage does not sensibly transfer to a child on a school stage. Treat real tobacco and real vapes as off-limits in a school context full stop, and use the safe default above.

State-by-state — the position

"Performance exemption" = whether the smoke-free law has a carve-out letting a performer smoke on stage. Where it exists it is for the performer during the performance only and usually requires that smoking is genuinely part of the performance and/or the venue occupier consents in advance. "Substitutes" = what you can use instead (herbal/clove/prop/vape) — but note several laws now define vapour as "smoke", so a vape is banned wherever a cigarette is.

StateReal tobacco on stage?Performance exemption?SubstitutesAct / regulatorPractical rule
VIC No (no statutory performer exemption) None found in the Tobacco Act — confirm with Vic Dept of Health Herbal cigarettes appear to fall outside the definition of "tobacco product"; vaping is banned (aerosol treated like smoke). WorkSafe/WorkCover preference is a prop or smoking apparatus. Tobacco Act 1987 (Vic) · Dept of Health ([email protected]) · WorkSafe Victoria Use herbal/prop + haze; no real tobacco; no vapes. Sign-off + audience notice.
NSW Exempted by statute for a performer, but discouraged for tobacco Yes — a performer does not commit an offence by smoking during a performance where smoking is a necessary part of it Herbal/prop preferred; regulator guidance favours an apparatus or prop over real tobacco even though the exemption exists. Smoke-free Environment Act 2000 (NSW) · NSW Health · SafeWork NSW (WHS) Exemption exists but for a SCHOOL still use herbal/prop + haze. Sign-off + audience notice.
QLD Exempted by statute for a performer Yes — "a person who performs in a theatre or other enclosed place does not commit an offence ... by smoking during the performance if smoking is part of the performance" Exemption wording covers tobacco, herbal cigarettes and vaping (all within the Act's "smoke" definition). Herbal/prop still safest. Tobacco and Other Smoking Products Act 1998 (Qld) · Queensland Health Exemption exists but for a SCHOOL use herbal/prop + haze. Sign-off + audience notice.
WA Exempted by regulation with occupier consent Yes — an actor/artist/performer may smoke for a performance IF the occupier of the enclosed public place consented in writing/in advance before the performance Herbal/prop preferred; the consent condition is the gate, not the type of cigarette. Tobacco Products Control Act 2006 + Regulations 2006 (WA) · WA Dept of Health Get the venue occupier's prior consent in writing; for a SCHOOL use herbal/prop + haze. Sign-off + audience notice.
SA No — unless a written Ministerial exemption is granted By application only — Minister/delegate may exempt; granted only where smoking is essential and all alternatives are exhausted. Contractual "as written" obligations are NOT sufficient grounds. An exemption is also needed to use a tobacco OR e-cigarette product on stage; a common exemption condition is that ONLY herbal cigarettes are smoked. Tobacco and E-Cigarette Products Act 1997, s 46 (SA) · SA Health Don't smoke anything real without an exemption; use herbal/prop + haze. Apply early if you truly need it. Sign-off + audience notice.
TAS No — no explicit performer exemption None explicit — confirm with Tas Public Health The statutory definition of "smoke" does not capture herbal cigarettes, so herbal is the practical route; Tasmania's laws are among the strictest, so a prop/apparatus is advised. Public Health Act 1997 (Tas) · Dept of Health (Public Health) Use herbal/prop + haze; no real tobacco; treat as no exemption. Sign-off + audience notice.
ACT No — no performer exemption None — only a regulation-based premises exemption exists, not a performer carve-out ACT defines "smoke" to include herbal product AND vapour from a vape/personal vaporiser — so herbal cigarettes and vapes are ALSO banned in the enclosed venue. Use a non-smoking, non-vapour prop. Smoke-Free Public Places Act 2003 (ACT) · Access Canberra / ACT Health Prop only (no lit herbal, no vape) + haze. No real tobacco. Sign-off + audience notice.
NT Exempted by statute for a bona fide performance Yes — a person taking part in a bona fide theatrical performance may smoke, provided they do not smoke for longer than necessary for the performance (covers tobacco and herbal) Herbal/prop still safest; the exemption is time-and-purpose limited. Tobacco Control Act 2002 (NT) · NT Health Exemption exists but for a SCHOOL use herbal/prop + haze. Sign-off + audience notice.

Substitutes — what each option actually is

OptionWhat it is / how it reads on stageWatch-outs
Prop / "fake" cigaretteUnlit dressed cigarette, or a battery prop with a glowing LED tip. No smoke produced. Reads fine in most blocking, especially with a haze wash.No "exhale" — pair with haze or stage business if a visible plume is essential.
Herbal / clove cigaretteTobacco-free, nicotine-free herbal blend that is actually lit; produces a real smoke plume. Falls OUTSIDE "tobacco product" in some states (e.g. VIC, TAS) — but is captured as "smoke" in others (e.g. ACT, QLD).Still real combustion: triggers smoke alarms, irritates throats/asthma, fire risk. Treat exactly like an open flame for your risk assessment.
E-cigarette / vape propProduces a vapour plume that reads like smoke.Vaping bans now apply on stage in most states — several laws define the aerosol AS "smoke" (ACT, QLD, VIC, SA). Often NOT a safe substitute. Check the state row above.
Stage haze / theatrical fogGlycol/glycerine haze gives the room a smoky read so a prop or unlit cigarette is believable. The industry-standard solution.Will trip smoke detectors unless the venue isolates the zone. Disclose to anyone with respiratory sensitivity.
Fire alarm / detector note (this is what actually gets productions in trouble): any real combustion (herbal cigarette) or haze/fog can set off the venue's smoke detection and sprinklers. Only the venue/building manager may isolate a detection zone, in writing, for the performance window — never disable a detector yourself, and never tape over a head. Record the isolation arrangement in your risk assessment and confirm it is re-enabled after the show.

Module 3 risk-assessment checklist — if any "smoking" appears in your show

Sources (current June 2026)