Health
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Retailers including premises with vending machines

Competitions, rewards and shopper loyalty schemes

From 1 March 2013 the supply of any benefit, coupon or other thing in connection with the sale of a tobacco product under rewards or shopper loyalty schemes operated by a retailer is banned.

Tobacco retailers must:

A defence exists for schemes where it would be impractical to identify tobacco purchases in a transaction resulting in a benefit or reward. For example, rewards points associated with credit card use.

Competitions, rewards and shopper loyalty schemes fact sheet

From 1 January 2011 the display of tobacco products and packaging was banned in retail outlets. Retailers can still sell tobacco products, but the products and packaging must not be visible to the public from anywhere inside or outside the premises. An exemption applies to on-airport duty-free shops and certified specialist tobacconists.

The ban also applies to vending machines. Tobacco products or packaging must not be visible inside or outside of the vending machine.

To inform customers that your retail outlet or vending machine sells tobacco you can display the  'We sell tobacco here' sign.

Amendments to the Tobacco Act 1987, concerning tobacco retailers, have been outlined in a comprehensive guide:

 Tobacco Retailer Guide

Copies of the Tobacco Retailer Guide can be obtained free of charge by calling the Department of Health Tobacco Information Line on 1300 136 775

A number of fact sheets are also available for retailers

 Tobacco Retailers Fact Sheet effective from 1 January 2011

 Cigarette sales to minors fact sheet

 Tobacco Retailer: Compulsory Signs

 No proof of age, No cigarettes

 Tobacco Retailers: Price Board Requirements

Please find below the A4 ‘We don’t sell tobacco to U/18s’ (must be printed in colour and A4 in size) sign and the A3 health warning signs (must be A3 in size) that can be downloaded and printed. Please note that only one of the A3 health warning signs needs to be displayed.

 We don't sell tobacco to U/18s

 Low-tar cigarettes kill too sign

 Smoking causes cancer of the stomach, bladder, lung, mouth, kidney, cervix and pancreas sign

 Smoking kills sign

 Smoking damages almost every organ sign

 Smoking destroys more than your lungs sign

 Toxins in tobacco smoke travel everywhere blood goes sign

 Is your body telling you to quit sign

Copies of the above signs can be obtained free of charge by calling the Department of Health Tobacco Information Line on 1300 136 775

Temporary outlets

Since 1 January 2010, the sale of tobacco has also been banned from temporary outlets:

 Banning the sale of tobacco products from temporary outlets and during temporary events (from 1 January 2010)

Ministerial ban orders

Since 1 January 2010 the Minister for Health has the power to ban the sale of tobacco products, non-tobacco products and tobacco products with packaging that appeal to or may encourage young people to smoke.

There are currently two ban orders operating in Victoria.

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Frequently asked questions:

Restriction on tobacco sales

Q1. What are the laws about selling tobacco products to a person under 18?
Selling tobacco products, including cigarettes, cigars or loose tobacco, to any person under 18 is illegal. This includes the sale of tobacco products from vending machines to a person under 18.
Q2. What are acceptable forms of identification (ID)?
Only identification that provides photographic proof of age is acceptable. For example:
  • a Victorian or interstate proof-of-age card
  • a Victorian or interstate driver’s licence
  • an Australian or international passport
  • a Keypass
  • a Victorian learner’s permit.
Q3. What are the penalties for breaches of tobacco laws?
Breach of Tobacco Laws     Infringement Notice Maximum Penalties - Magistrates' Court
Natural Person Body corporate Natural Person Body corporate

Failure to display health warning

2 penalty units
5 penalty units
10 penalty units

50 penalty units

Failure to display U18 sign

2 penalty units
5 penalty units
10 penalty units

50 penalty units
Display of a point of sale tobacco advertisement (general retailer)
3 penalty units
30 penalty units
60 penalty units
300 penalty units

Sale of fruit-flavoured or confectionery flavoured cigarettes

4 penalty units
60 penalty units
120 penalty units

600 penalty units

Sale of tobacco from a temporary outlet

3 penalty units
30 penalty units
60 penalty units

300 penalty units

Sale of single cigarettes or cigarettes in a pack containing fewer than 20

3 penalty units
60 penalty units
120 penalty units

600 penalty units
Manager/proprietor whose staff sells tobacco to a minor
4 penalty units
60 penalty units
120 penalty units
600 penalty units
Person who sells tobacco to a minor
4 penalty units
60 penalty units
120 penalty units
  
Person who supplies any benefit, coupon, voucher or any other thing in connection with the purchase of, or to promote the sale, of a tobacco product    
60 penalty units
300 penalty units

The penalty unit is indexed annually. For a penalty unit value visit the Office of the Chief Parliamentary Counsel website www.ocpc.vic.gov.au

Display & advertising restrictions

Q4. Can I display tobacco products or packaging in my shop?
No.

Tobacco products and packaging must not be visible to the public from anywhere inside or outside your shop. Tobacco products include cigarettes, cigars and loose tobacco. Tobacco packaging includes individual packets and cartons of cigarettes, cigars and loose tobacco.The ban on the display of tobacco products and packaging also applies to tobacco product vending machines.

An exemption will apply only to on airport duty-free shops and certified specialist tobacconists. Even if you think you are a specialist tobacconist, you must apply to be a certified specialist tobacconist.
Q5. What signs must I display if I sell tobacco products?
Tobacco retailers must display the blue A4 size ‘we don’t sell tobacco to U/18s’ and one of the A3 size black-and-white health warning signs. Certified specialist tobacconists must also display their certificate.

If a Price Board is displayed one of the A4 size graphic-health-warning signs must be displayed on or immediately next to the Price Board.

Q6. What must a price board look like?
The price board in your shop must:
  • be no bigger than 1.5 m by 1.5 m (150 cm x 150 cm)
  • have lettering no bigger than 2.1 cm high by 1.5 cm wide
  • be printed on one side only in either black and white or in up to four (4) colours, none of which is fluorescent
  • not be lit or displayed in a way that makes the price board more noticeable than other signs or price tickets in your shop
  • contain one of the prescribed graphic health warnings on or immediately next to the price board.
Q7. Can I advertise tobacco products?
No.

You must not display any branded or unbranded tobacco advertising anywhere inside or outside your shop. This includes the display of posters, desk pads, flags, stickers, back-lit tobacco advertising signs and tobacco advertising on vending machines.

Q8. How will I know the price of the tobacco products?
There are a number of ways to assist you with this and you may choose the method best suited to your shop. For example, you could refer to your price board for this information, or you could create a list of prices and keep it somewhere your customers can’t see it.

You could also use labels, but these must be placed inside the storage unit. If you use labels, the style or colour of the lettering and the lighting must not draw attention to the tobacco products, or it will be an advertisement, and you may be fined. The drawer, room or storage unit where the tobacco products are stored must stay closed or covered until the customer asks to buy a specified tobacco product from you.

Q9. Do I have to display the blue U18 and health warning signs?
Yes.

These signs must be displayed in every shop or premises that sells tobacco products. These signs must be displayed next to the vending machine or near the entrance to the shop or premises so that anyone who enters is likely to see them. See Q 6 What signs must I display if I sell tobacco products? to see the signs you must display.

These signs are produced by the Department of Health and are available free of charge. Call the Tobacco Information Line on 1300 136 775 to request a sign.
Q10. Can I still sell tobacco products even though I can’t display them?
Yes.
Q11. How will people know I sell tobacco products if they are not displayed?

You may display one A4 copy of this sign to show your customers that you sell tobacco products.

We Sell Tobacco Here

This sign is produced by the Department of Health and is available free of charge. Call the Tobacco Information Line on 1300 136 775 to request a sign.

Q12. How will people know what tobacco products I have for sale?
You may use a price board to advise customers of the tobacco products available for sale in your shop.

Price boards can list information about:
  • the brand of tobacco products available for sale
  • the flavour of tobacco products available for sale (for example, menthol)
  • the pack sizes available for sale (for example, 25s, 30s, cartons)
  • the prices of tobacco products available for sale, including any current discounts.

Vending machines

Q13. Who is responsible for ensuring that a tobacco product vending machine complies with the law?
The person or company in charge of the shop or premises where the vending machine is located is legally responsible for the vending machine. They must make sure that persons under 18 do not purchase tobacco products from the vending machine.

This person or company must also make sure that:
  • tobacco products and packaging are not displayed inside or outside the vending machine
  • the vending machine is located in an appropriate place within the shop or premises (see Q 15 Where can tobacco product vending machines be located?)
  • all prescribed signs are displayed on or near the vending machine.
Q14. Where can tobacco product vending machines be located?
It is illegal to sell tobacco products to a person who is under 18. Therefore, tobacco product vending machines must be visible to and monitored by staff.

Vending machines may only be located in these locations:
  • in the bar areas of licensed premises—in the line of sight of, and not more than five (5) metres from, the outer edge of the bar counter
  • at approved venues and casinos—in the line of sight of a service counter
  • at bottle shops—immediately next to the service counter.
Q15. What can tobacco product vending machines display?
The same laws apply to tobacco product vending machines as to other tobacco retail outlets. Tobacco products or packaging must not be visible inside or outside of the vending machine.
Q16. How will people know the vending machine has tobacco products for sale?
You may display one A4 copy of this sign to show your customers that you sell tobacco products.

We Sell Tobacco Here

This sign is produced by the Department of Health and is available free of charge. Call the Tobacco Information Line on 1300 136 775 to request a sign.
Q17. How will people know the price of the tobacco products in the vending machine?
Vending machines can display prescribed price tickets to show price and other information about the tobacco products for sale.

Price tickets:
  • must be no bigger than 5 cm wide and 7 cm high
  • must have lettering no bigger than 2.1 cm high by 1 cm wide
  • must be printed in either black and white or in the corporate colours of your shop or outlet (up to four colours, none of which is fluorescent).

$9.20 Brand A Blue 30s

Price tickets can list:
  • name of the product line
  • strength of the product line (for example 4 mg, 8 mg)
  • flavour and number of items contained in the product line (for example menthol, 30s)
  • average weekly sales of the product line
  • any identifying category information related to the product line
  • a barcode or similar identifying code of the product line
  • country of origin of the product line, including any symbol representing the country of origin.
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