Tobacco reforms

Underage 'music/dance' events

Page content: Introduction | Downloads | Frequently asked questions

Introduction

The following is prohibited at underage ‘music/dance’ events:

• smoking;
• the display of tobacco products; and
• the sale of tobacco products.
  

Downloads

The penalties referred to in the Fact Sheet and Guide documents are out of date. For the current penalties please refer to the penalties table below.

 Fact sheet: Underage 'music/dance' events

 Smoke-free underage music/dance events guide

 Underage Events Wallet Card

Frequently asked questions

Q1: What are the laws?

Two new laws will be introduced at underage music/dance events from 1 March 2006 they are:

• a ban on smoking and;
• a ban on the sale, display and promotion of tobacco products.

Q2: What is an underage ‘music/dance’ event?

A ‘music/dance’ event is an event that:

• involves the provision of music (whether live or recorded and whether for listening to or dancing to or both); and
• is predominantly organised or intended for, or predominantly attended by persons under the age of 18 years; and
• is open to members of the public (whether with or without payment); and
• takes place in any area or premises other than a private residence.

Affected events

Q3: What events are affected?

All events that fit the criteria above are required to be smoke-free. Examples of events that are affected include:

• Freeza events;
• Blue light discos;
• Underage ‘music/dance’ events held at licensed
  premises; and
• Music/dance events run by schools.

Q4: Are outdoor areas at events required to be smoke-free?

Yes, outdoor areas of underage ‘music/dance’ events are required to be smoke-free.

Q5: Are private parties be affected?

No, parties held at a private residence are not affected by these laws.

Q6: Are open age events also affected by the laws?

Yes, if it is predominantly organised or intended for, or predominantly attended by persons under the age of 18 years.

Q7: Who is prohibited from smoking at these events?

Everyone at the event is prohibited from smoking, including young people, adults, event organisers, band members/ entertainment, staff and volunteers.

Q8: Do underage events at licensed premises have to be smoke-free?

Yes, the smoking ban at underage ‘music/dance’ events applies to events held in licensed premises.

Q9. Can tobacco products be displayed or sold at these events?

No. Event organisers must ensure that cigarette vending machines, tobacco advertisements, and tobacco displays are removed or completely covered in an opaque material while an underage ‘music/dance’ events is taking place.

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Penalties

Q10: What are the penalties if someone smokes at an event?

Breach of Tobacco Laws	Infringement Notice		Maximum Penalties the in Magistrates' Court
	Natural Person	Body corporate	Natural Person	Body corporate
Individual who smokes at an event (does not apply to those aged under 18 years)	1 PU	-	5 PU	-
Person in charge of an event at the time smoking occurs	2 PU	-	10 PU	50 PU
Person in charge of an event who does not display acceptable No Smoking signage	2 PU	5 PU	10 PU	50 PU

Note: PU = penalty unit/s

Q11: What is the value of a penalty unit?

The value of a penalty unit is indexed annually. For the current value please see Legislation & Regulations.

Q12: Are there any defences?

Yes. The person in charge of the event at the time the smoking occurs will not be guilty of an offence if he/she can prove that they did not provide an ashtray, matches, lighter or any other thing designed to facilitate smoking and that:

• they were not aware, and could not reasonably be expected to have been aware, that smoking was occurring; or
• they requested the person to stop smoking and informed the person they were committing an offence.

Q13: What are the penalties in regards to selling, displaying and promoting tobacco products?

Breach of Tobacco Laws	Infringement Notice		Maximum Penalties the in Magistrates' Court
	Natural Person	Body corporate	Natural Person	Body corporate
Person who sells a tobacco product at an underage 'music/dance' event	3 PU	30 PU	60 PU	300 PU
Person in charge of an underage 'music/dance' event who does not cover or remove a tobacco vending machine, tobacco advertising or tobacco display	3 PU	30 PU	60 PU	300 PU

Note: PU = penalty unit/s

Parents and young people

Q14: Is there anywhere I can smoke at an event?

No, smoking is not permitted indoors or outdoors at an underage music/dance’ event. This ban applies to both young people and adults who are in attendance.

Q15: Are people under the age of 18 years guilty of an offence if they smoke at the event?

No, they will not be guilty of an offence. The person in charge of the event at the time will be required to request that the young person stops smoking.

Q16: Are there resources underage event organisers can provide to assist young people?

Yes. Quit Victoria together with the Victorian Department of Health has recently developed a support resource to complement the new smoking bans at underage ‘music/dance’ events. The support resource, a wallet card is available to underage event organisers free of charge.

The wallet card aims to support underage event organisers in implementing the new smoke –free legislation at their venue. The card includes information about the new laws and also aims to inform young smokers of ways to cope without smoking for long periods of time.

It is recommended the wallet card be:

• offered to young people who are found smoking at an underage event and/or 
• placed on display at the entrance of the venue for patrons to take if they choose.

If you would like to order wallet cards for distribution at your underage music/dance event, please contact Quit Victoria on 03 9663 7777.