Does Australian law say how far away a tenant has to be from an apartment complex before they can smoke?

[aescby]

I understand for commercial buildings there are proximity laws. I live in a block of flats where my front door is about 5 metres and my main bedroom window 3 metres from my neighbours balcony where they smoke. The smoke then enters my flat through these openings, on a bad day it is equivalent to passive smoking. If I choose to shut my door or window my flat can not ventilate. My neighbour has refused to deal with this as an issue. It is a sensitive matter which I wish to be informed before contacting my real estate about. Can a tennant be breached for this?

[giulio]

I'm sorry but I don't think there is anything you can do. If in their tenant agreement it states that they can not smoke in their flat but allows them to smoke on the balcony, I'm pretty sure there's nothing you can legally do. If they are not willing to talk to you about coming to some sort of arrangement maybe you could ask the real-estate agency to find you another flat in the apartment block to move to.
I'm sorry you have to put up with such disgusting neighbours.

[westbroc90]

I'm sorry but I don't think there is anything you can do. If in their tenant agreement it states that they can not smoke in their flat but allows them to smoke on the balcony, I'm pretty sure there's nothing you can legally do. If they are not willing to talk to you about coming to some sort of arrangement maybe you could ask the real-estate agency to find you another flat in the apartment block to move to.
I'm sorry you have to put up with such disgusting neighbours.

It depends on the strata laws - what the owners of the property in common have agreed to be laws for living there. Unless smoking has been included then there is nothing to stop them from standing in front of your window and blowing smoke at you.