This site provides information about Victoria's anti-smoking initiatives comprising the regulation of the sale and display of tobacco products and reduction of environmental tobacco smoke through legislation.
From 1 April 2014, smoking will be banned at areas commonly used by children and young people for recreational and sporting activities.
Under the Tobacco Act 1987 (the Act) smoking will be banned:
- at or within 10 metres of children’s playground equipment that is an outdoor public place
- at or within 10 metres of a skate park that is an outdoor public place
- at or within 10 metres of a sporting venue that is an outdoor public place during an organised underage sporting event, including training or practice sessions and during breaks or intervals in play
- in an outdoor area of a swimming pool complex that is a public place.
The bans will build upon and complement those implemented in December 2012, which prohibit smoking at all Victorian patrolled beaches. The bans have strong community support.
There have also been several other changes to the Act to further restrict the promotion and advertising of tobacco. These include removing the ability to apply to become a certified specialist tobacconist, which are exempt from the tobacco product display ban.
Further information on the new outdoor smoking bans can be found at the Smoke-free children’s recreational areas section of this site.
The Tobacco Act 1987 can be viewed at http://www.legislation.vic.gov.au/.
Shopper loyalty and rewards schemes must now exclude tobacco product purchases
From 1 March 2013 tobacco products must be excluded from shopper loyalty and rewards schemes. This means tobacco product purchases must not count towards any benefits or rewards for buying behaviour. This includes rewards points, fuel discounts coupons or any other benefit.
Competitions, rewards and shopper loyalty schemes fact sheet
Victoria's patrolled beaches are now smoke-free
From 1 December 2012 smoking is banned at all of Victoria’s patrolled beaches in the area between the red-and-yellow lifesaving flags and within a 50 metre radius of a red-and-yellow flag.
The ban will apply during patrolled times, when one or more red-and-yellow flags installed by a Life Saving Victoria club are in place.
Under the Victorian Tobacco Act 1987 smoking is now unlawful within these areas and could result in being issued with an infringement penalty of up to $141.
Some councils have also introduced local laws that prohibit smoking in public outdoor places, including other beach areas. Check the signs when you get to the beach.
This ban will protect beach users from exposure to second-hand smoke, stop children seeing people smoke (which may influence their decision to smoke as adults) and reduce environmental damage from butt littering.
Smoke-free patrolled beaches brochure
Smoke-free patrolled beaches factsheet
Tobacco retailers including premises with vending machines
From 1 January 2011, retailers selling tobacco were banned from displaying tobacco products. Tobacco products must not be visible from anywhere inside or outside most retail outlets. Tobacco products are also banned from being displayed on vending machines.
Tobacco retailers fact sheet
An exemption applies to on-airport duty free shops and certified specialist tobacconists. For further information please refer to Information for certified specialist tobacconists.
Certified Specialist Tobacconist Fact Sheet
In August 2009, the Victorian Parliament passed the Tobacco Amendment (Protection of Children) Act 2009 to amend Tobacco Act 1987. These amendments include:
- a ban on the display of tobacco products at point-of-sale with an exemption for certified 'specialist tobacconists'
- smoking bans in a motor vehicle if a person under the age of 18 years is present
- a ban on the sale of tobacco products from temporary outlets
- a power for the Minister for Health to ban the sale of certain tobacco products and packaging that appeal to young people
- amendments to penalties and enforcement provisions including:
- amending the definition of 'occupier'
- power for the Secretary of the Department of Health (formerly Department of Human Services) to request the names and addresses of persons supplied with tobacco in an electronic format
- increases to the maximum infringement penalties for a number of offences, and specific provisions for higher ‘body corporate’ offences.
These laws, with the exception of the point-of-sale tobacco display ban, commenced on 1 January 2010. The point-of-sale display law commenced on 1 January 2011. Fact sheets are available below.
A copy of the Tobacco Amendment (Protection of Children) Act 2009 is available on the Victorian Legislation website.
Fact sheet: Ban on smoking in motor vehicles if a person under the age of 18 is present
Fact sheet: Ban on the sale of tobacco from temporary outlets
Fact sheet: Ministerial power to ban certain products
Fact sheet: Penalties and infringements