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.
The Tobacco Act 1987 can be viewed at website.
Ban on smoking in outdoor dining areas to start in 2017
On 23 August 2015, the Victorian Government announced that smoking will be banned in outdoor dining areas from 1 August 2017. The proposed ban will cover all outdoor dining areas at restaurants, cafes, take-away shops and licenced premises.
Smoke-free dining will protect the community from second-hand smoke, and make Victoria’s diverse and unique dining culture better for all. Research shows 73 per cent of Victorians support the introduction of a ban on smoking in outdoor dining areas.
Consultation will start soon with key stakeholders including the hospitality industry, small business, local government, public health bodies and government agencies. The consultation process will inform development of the legislation, including practical considerations and issues. The Victorian approach will also learn from the experience of other Australian states and territories in introducing similar bans.
The announcement is being made now, to give businesses sufficient time to plan and adjust. The Government is committed to working with our pubs, restaurants, cafés and all affected businesses to ensure a smooth transition to smoke-free dining. The Tobacco Reforms website will be kept updated during the legislative development process.
Have your say
The Victorian Government is committed to consulting widely before implementing the new ban on smoking in outdoor dining areas. To contribute your views, please send an email to the Tobacco Control Section in the Department of Health & Human Services to
Smoking to be banned at learning environments and certain building entrances
From 13 April 2015, smoking will be banned:
- within the grounds of, and at and within four metres of an entrance to, all Victorian childcare centres, kindergartens (or preschools) and primary and secondary schools
- at and within four metres of an entrance to children’s indoor play centres and Victoria public premises. Victoria public premises are all public hospitals and registered community health centres and certain Victorian Government buildings.
Read more about smoke-free building entrances and smoke-free learning environments.
Smoking ban where children play
From Tuesday 1 April, 2014, smoking is banned outdoors within 10 meters of playgrounds and skate parks, sporting venues during under 18s events and within public swimming pool grounds.
Read more about smoke-free children's recreational areas.
Tobacco reforms affecting applications for specialist tobacconist certification
From 1 April 2014, applications for specialist tobacconist certification will close. This means from this date, a person will not be able to apply to have a premises certified as a specialist tobacconist and therefore will not be exempt from the tobacco product display ban.
See certified specialist tobacconists for further information on the changes to the law affecting applications for specialist tobacconist certifications.
Train stations, tram shelters and platforms, and bus shelters now smoke-free
From Saturday 1 March 2014, all areas of train stations and raised platform tram stops will be smoke free, increasing the comfort for customers who travel on Victoria’s public transport network.
The new arrangements will extend the existing smoke free zones, which already include covered areas of train platforms and under covered tram and bus shelters. The fine for smoking in a smoke free area on public transport is $212 for adults and $72 for children.
For more information about these bans, visit the Public Transport Victoria website.
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 Victorias 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