The new state law that bans smoking in a car that is carrying children under 16 will come into effect at the beginning of next year.

Deputy Premier Paul Lucas said the penalties were similar to those for people caught using a mobile phone while driving.

“Obviously we don’t expect the police to be on every shop corner or street corner issuing tickets but they can intercept people when they are smoking with kids in the car,” he said.

Mr Lucas rebuffed suggestions the legislation was a case of state revenue raising and siad the ban was about protecting future generations.

“The level of tobacco smoke inside a vehicle is very high, and we know young children involuntarily exposed to tobacco smoke in confined environments have significantly increased health risks, including bronchitis, pneumonia, asthma, ear infections and Sudden Infant Death Syndrome,” he said.

There are 276,000 smokers with children aged under 16 in Queensland.

Queensland Council for Civil Liberties president Michael Cope said he could understand the logic behind the smoking ban, but said it was cause for concern.

“You might see justification for this but in the end these things are parents’ responsibilities ... the state should really leave parents’ responsibilities to parents,” he said.

“This is just another example of the state stepping in and extending it’s reach to people’s private lives.”

Mr Lucas told parliament last week that he would support local councils who would want to ban smoking in certain outdoor public areas like the outside of shopping malls.

Mount Isa Mayor John Molony said the matter was yet to be raised at council meetings.

While he said the council was always looking at ways to keep the community healthy, Cr Molony said it was unlikely residents would be banned from smoking at taxi ranks and other outdoor areas in the near future.

He said such a ban would be hard for the council to control.

“That would be an enforcement nightmare, it would be extremely difficult,” he said.