Health
textual image stating 'Department of Health, Victoria, Australia'

Smokers

Page content: Introduction | Help to QUIT smoking | Cigarette litter laws | Frequently asked questions

Introduction

The introduction of these laws mean that in Victoria you can't smoke in most enclosed workplaces (this includes restaurants/cafes and shopping centres) covered train platforms, bus and tram stops and at underage 'music/dance' events.

Since 1 July 2007 smoking in enclosed licensed premises (including gaming rooms) and some outdoor dining or drinking areas is prohibited.

Help to QUIT smoking or call 131 848.

Cigarette litter laws

It is an offence under the Environment Protection Act 1970 to litter cigarette butts. The penalty is an on the spot fine of $150 for extinguished butts and $210 for lit butts. See the Victorian Litter Action Alliance for further information on cigarette litter.

Frequently asked questions

Q1: Where can I smoke?

You are not able to smoke in enclosed workplaces (this includes restaurants/cafes, licensed premises and shopping centres). Smoking is also prohibited at covered areas of train platforms, bus and tram shelters, at underage 'music/dance' events and enclosed licensed premises (including gaming rooms).

Smoking is permitted in outdoor dining or drinking areas, unless the outdoor area has a roof, as well as walls that cover more than 75% of the wall area. At Crown Casino, smoking is only permitted in certain high roller rooms.

Q2: Are any workplaces excluded from the law?

Yes. Exemptions include the following:

  • residential premises not used for carrying on a business;
  • a part of a residential premises used for carrying on a business while only persons who reside at the premises are in that part (that is, no non-resident employees or members of the public are present);
  • a place of business occupied by the sole operator and which is not for the use of the public;
  • outdoor dining or drinking areas;
  • a vehicle;
  • personal sleeping or living areas of:
    • a premises providing accommodation to members of the public for a fee (e.g. motel); or
    • residential care facilities which include types of residential care services, supported residential services and aged care services;
  • an area in an approved mental health service (within the meaning of the Mental Health Act 1986) declared by the Secretary;
  • prison cells as well as exercise yards of prisons;
  • a detention centre established for the purposes of the Migration Act 1958 (Cth);
  • high roller rooms at the Casino.
Q3: How will I know where smoking is banned?

Managers and owners of restaurants/cafes, licensed premises, shopping centres, bingo centres, train platforms, bus and tram shelters and underage 'music/dance' events are required by law to display No Smoking signs. Managers and owners of other workplaces are encouraged to display No Smoking signs to ensure employees and visitors are aware of where smoking bans apply.

Back to top

Penalties

Q4: What happens if I smoke in a No Smoking area?

If you do try to smoke, staff (and probably other customers) will ask you to stop and remind you that smoking on the premises is an offence. Staff will probably ask you to go outside.

Over 80 per cent of Victorians are non-smokers. Most people support the new laws and will not support you if you try to smoke. If you do want to smoke, you can go outside.

Q5: What are the penalties for smoking in a No Smoking area?

Individuals who smoke in prohibited areas may receive a one penalty unit* infringement notice, or a fine of up to five penalty unit* if prosecuted (if the offence is proven in court). Venues may also be fined if you smoke.

*The value of a penalty unit is indexed annually. For the current value please see.

Further information

Q6: Why have the laws been introduced?

The objectives of the new laws are to:

  • prevent youth smoking by minimizing influences on initiation and reducing access to tobacco;
  • reduce the harms caused from passive smoke; and
  • improve the operation and enforcement of the Tobacco Act 1987.

See the Why new tobacco laws? page for further information.

Q7: How can I get more information about the laws?

Call the Tobacco Information Line on 1300 136775

Back to top