Tobacco reforms
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 Victorian Government recently announced further outdoor smoking bans to be considered in 2013. These aim to protect the Victorian community by reducing the range of public areas where smoking is permitted, especially where children are present.
It is proposed the Tobacco Act 1987 (the Act) will be amended to prohibit smoking at:
- children’s playgrounds
- public swimming pools and sea baths
- skate parks
- children’s sporting events.
The Department of Health is inviting feedback from interested organisations and individuals, to help in refining the detail of the proposals. This is to ensure the amendments to the Act are clear and workable.
People interested in commenting about these reforms, organisations with an interest in children’s sport and recreation, health, child and family wellbeing and other interested groups are invited to participate in this consultation.
A Consultation Issues Paper has been produced for members of the public and organisations, to explain the form of bans being developed and the reasons for introducing these measures. This paper can be downloaded below:
Smoke-free playgrounds - Community issues paper - April 2013
To request a copy by mail please telephone the department’s Tobacco Information Line on 1300 136 775.
How to participate
You can have your say about these reforms by:
For any enquiries about this consultation, please contact the Tobacco Information Line on 1300 136 775.
Closing date: Friday 17 May 2013.
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
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