Qld health are the only people who can issue a infringement for smoking, that's why no one every seems to be fined.
Not quite right Legislation and enforcement
Queensland's tobacco laws are governed by 2 sets of legislation:
Tobacco and Other Smoking Products Act 1998 (PDF, 646 KB)
Tobacco and Other Smoking Products Regulation 2010 (PDF, 318 KB)
They are primarily enforced by Queensland Health Environmental Health Officers (EHOs), who can:
issue individuals warnings and on-the-spot fines
issue businesses improvement notices, warnings and on-the-spot fines
initiate legal proceedings for breaches of the tobacco laws
respond to complaints
inspect premises
provide advice about the tobacco laws.
If you are smoking in a no-smoking zone and approached by an authorised EHO, you are required by law to provide your correct name and address to the officer. They generally do not wear a uniform, but they will show an identification card before asking any questions.
Police officers have powers to address tobacco sales to children and they alone enforce smoking bans in vehicles where children under 16 years are present. Police must observe the offence occurring in a vehicle in order to issue a fine.
Queensland Parks and Wildlife Service Rangers have powers to enforce smoking bans in Queensland National Parks.