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Certified specialist tobacconists
From 1 January 2011 new laws relating to the display of tobacco products commenced. The laws mean that retailers will no longer be able to display any tobacco products or packaging in their shops.
In recognition of the fact that a small number of retail businesses derive their income significantly from tobacco products, an exemption from the point-of-sale display ban has been provided for certified specialist tobacconists.
Certified Specialist Tobacconist Fact Sheet
Cigarette sales to minors fact sheet
No proof of age, No cigarettes
Application form for specialist tobacconist certification
Certified Specialist Tobacconist Cancellation of Certification Policy
The legal requirements concerning certified specialist tobacconists have been outlined in a comprehensive guide:
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.- The Victoria Government Gazette 24 June 2010 No G25 publicises a Ministerial order that.bans certain types of tobacco products
- The Victorian Government Gazette No S 350 29 October 2011 publicises a Ministerial order that bans certain types of tobacco and non-tobacco products.
Frequently asked questions
Certified Specialist Tobacconists
- Q1 What is a certified specialist tobacconist?
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A certified specialist tobacconist is a retail business which:
- Derived 80% or more gross turnover from the sale of tobacco products in the 12 months immediately preceding the application, and
- Operates from a premises which is separated from any other retail premises by a wall, and
- Operates from a premises which does not open directly to another retail premises, and
- Does not sell products or services for children or adolescents, and
- Does not sell food or beverages other than low-risk, shelf stable foods and beverages, and
- Clearly identifies itself as a specialist tobacconist through the use of external branding containing the words: tobacco and/or tobacconist and/ or cigarettes, and
- It does not identify itself as a newsagent through external or internal branding and only sells local, state and national/ daily/ weekly newspapers, and
- Is certified by the Secretary, Department of Health.
- Q2 How do I become a certified specialist tobacconist?
You must apply using the
Application Form for Certification as a Specialist Tobacconist.You must supply all the requested information or your application will not be assessed.
If your business does not receive certification, you will be notified by mail.If your business does receive certification, you will be notified by mail and you will receive a certificate, which must be displayed in your shop.
- Q3 But I’m already a tobacconist; do I still need to apply?
- Yes.
It does not matter if you already think you are a specialist tobacconist, you will still need to apply and receive certification to have the exemption to the tobacco product display ban.
- Q4 Am I guaranteed to get certification?
- No.
The Secretary may refuse to certify a retail premises as a specialist tobacconist if it does not meet the criteria detailed in the specialist tobacconist guide and the application form.
The Secretary may also refuse to certify a retail outlet as a specialist tobacconist if the applicant does not comply with any requirement of the Tobacco Act 1987 or Tobacco Regulations 2007.If your application is going to be refused, you will have the opportunity to make a written submission to the Secretary, Department of Health.
- Q5 What if my application for certification is rejected?
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You must comply with the ban on the display of tobacco products the same as for all retailers which do not have certification as specialist tobacconists.
If your application is going to be rejected, you will have the opportunity to make a written submission to the Secretary, Department of Health.
If you decide to make a written submission to the Secretary and your application is still rejected, you must comply with the ban on the display of tobacco products the same as for all retailers without certification as specialist tobacconist. Please refer to Information for tobacco retailers with vending machines. - Q6 I want to start a new business as a specialist tobacconist; what do I have to do to get certification?
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You may apply to be a certified specialist tobacconist by showing that you will derive 80% of gross turnover from the sale of tobacco products in the 12 months immediately following the commencement of trading.
You must also show that your business will be separated from any other retail premises by a wall and that any doorway does not open directly into any other retail premises.
You will also have to show that you will meet all other criteria for certification as a specialist tobacconist as detailed in the Specialist Tobacconist Guide.
You must notify the Secretary, Department of Health within 7 days of the business commencing.
This provision only applies to proposed businesses. A current business which does not meet the 80% turnover criterion will not be able to apply under this provision. However, a current business may apply at a later date if they have met the 80% turnover for the 12 months immediately preceding the application. - Q7 How long does certification last?
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Certification is ongoing unless the tobacco retailing business ends or moves to another premises.
Certification also ends if the original applicant is no longer carrying on the business.
Certification ends if the Tobacco Act is amended to remove the exemption for certified specialist tobacconists.
- Q8 Can certification be cancelled?
- Yes.
Specialist tobacconist certification can be cancelled if:
- the holder does not comply with a requirement of the Tobacco Act or Tobacco Regulations, or
- the premises no longer satisfies the criteria for exemption, or
- the holder requests it.
Laws banning tobacco sales to people under 18
- Q9 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.
If you sell tobacco products, you must display the sign below:
This sign must be displayed next to each point of sale for tobacco products or near the entrance of your retail outlet where customers can easily see it.
- Q10 Who is responsible when tobacco products are sold to a person under 18?
- The employee who sold the tobacco product is responsible.
The manager or employer of the employee (the primary offender) who sold the tobacco product may also be held responsible.
- Q11 What happens if tobacco products are sold to a person under 18?
- An individual (natural person) may receive an on-the-spot fine of four (4) penalty units. If found guilty of an offence in court, an individual may be fined up to 120 penalty units.
A company (body corporate) may receive an on-the-spot fine of 60 penalty units. If found guilty of an offence in court, a company may be fined as much as 600 penalty units.
The value of a penalty unit changes each year. For the current value of a penalty unit, visit the Office of the Chief Parliamentary Counsel website
For further information please refer to the 
Specialist Tobacconist Guide
