Tobacco reforms

Information for premises with cigarette vending machines

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Introduction

Amendments to the Tobacco Act 1987 which came into effect on 1 March 2006 introduced restrictions on the placement of cigarette vending machines.

Note: The information below applies to all cigarette vending machines until 1 January 2011 when restrictions on the display of tobacco products will be introduced. For more information about these laws please see

Frequently asked questions

Q1. Where can cigarette vending machines be located?

Since 1 March 2006, cigarette vending machines can only lawfully be permitted in the following areas:

1. Bar areas of licensed premises in line of sight of the bar, not more that 5 metres from the outer edge of the bar counter;
2. Approved venues or in a casino in line of sight of a service counter; or
3. Bottle shops immediately next to the service counter.

Vending machines are no longer permitted in restaurants, cafés, bingo centres or staff amenity areas.

Q2: Why has the cigarette vending machine law changed?

Research in both Australia and America shows that minors are able to purchase cigarettes from vending machines when vending machines are located in areas which are not adequately supervised by adults such as restaurants, cafes, bingo centres, staff amenity areas and in foyer and toilet areas of licensed premises. There is a need to further restrict where vending machines can be located to reduce the likelihood of minors accessing cigarettes.

Q3. What can cigarette vending machines display?

The laws that restrict the display and advertising of tobacco products apply to cigarette vending machines. As such, representations of tobacco products on the front of the vending machines need to comply with product line restrictions and price ticket requirements (see Information for tobacco retailers)

As each premises can only have one point of display for tobacco products, unless you have price tickets covering all the pack representations on your vending machine, your vending machine will be your point of display.

In addition, cigarette vending machines cannot display branded and non-branded tobacco advertising. See Information for tobacco retailers for further information.

Q4. Do cigarette vending machines have to display tobacco retailer signs?

Yes, Tobacco retailer signs must be displayed. See Information for tobacco retailers for further information.

Please note that the A5 ‘Notice’ sign is no longer required to be displayed on the front of cigarette vending machines.

Q5. Who is responsible for ensuring that a cigarette vending machine complies?

The occupier (the person in charge) of a premises that has a cigarette vending machine is responsible for ensuring that customers under the age 18 do not obtain tobacco from the machine. The same penalties apply to the occupier that would apply if the occupier had sold the cigarettes to the person. The occupier must also ensure that the tobacco retailer signs are displayed, the location of the vending machines is correct and the vending machine is complying with tobacco product advertising and display restrictions.

Q6. What are the penalties?

Breach of Tobacco Laws	Infringement Notice		Maximum Penalties the in Magistrates' Court
	Natural Person	Body corporate	Natural Person	Body corporate
Incorrect display of tobacco products	3 PU	30 PU	60 PU	300 PU
Display of a branded tobacco advertisement; the display of non-branded tobacco advertising or the display or advertisements for cigarette papers.	-	-	60 PU	-
Failure to display a health warning/smoking cessation sign	2 PU	5 PU	10 PU	50 PU
Failure to display a ‘We don’t sell tobacco to U18s’ sign.	2 PU	5 PU	10 PU	50 PU
Refuse or fail to comply with an inspector’s request or falsely state a name and address.	1 PU	-	5 PU	-
Person unlawfully placing or permitting the placement of a cigarette vending machine.	3 PU	30 PU	60 PU	300 PU
Person who permits a minor to obtain tobacco from a cigarette vending machine	3 PU	30 PU	60 PU	300 PU

Note: PU = penalty unit/s

Q7. 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.