Suspected sale of illicit tobacco
Significant penalties apply for illicit tobacco offences in Victoria.
To report suspicious tobacco activity, visit Tobacco Licensing Victoria.
Tobacco products sold in Australia must be in plain packaging. Any non-compliance with the Commonwealth tobacco product and packaging requirements should be reported to the Department of Health, Disability and Ageing.
Suspected sale of tobacco products without a license
A tobacco retailer and wholesaler licensing scheme is now operational in Victoria. If you sell tobacco in Victoria, either to the public or to other businesses, you must have a tobacco licence. This applies to both retail and wholesale sales, as well as vending machines.
Businesses that continue to sell tobacco products in Victoria without a licence will be committing an offence.
To view the public register of tobacco license holders in Victoria, search the tobacco licence public register.
To report suspicious tobacco activity, visit the Tobacco Licensing Victoria contact page.
Supply of e-cigarettes (vapes) by a non-pharmacy retailer
The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 commenced on 1 July 2024. This legislation regulates the importation, domestic manufacture, supply, commercial possession and advertisement of all vaping goods.
This means that vaping goods can only be supplied through a pharmacy. It is illegal for Australian retailers such as tobacconists, vape shops and convenience stores to supply any vaping goods.
If you suspect or have information about a retailer (that is not a pharmacy) selling vaping goods, this should be referred to the Therapeutic Goods Administration (TGA). To report the suspected illegal import, manufacture, supply or commercial possession of vapes and vaping goods, see report a perceived breach or questionable practices on the TGA website.
Sale of tobacco products or vaping goods to people under 18 years of age
Under the Tobacco Act 1987, tobacco products and vaping goods, regardless of nicotine content, cannot be sold to people under 18 years of age.
Local councils employ authorised officers who are responsible for educating businesses about their responsibilities under the Tobacco Act 1987 and can enforce breaches where required. If you suspect or have information about a retailer selling tobacco products to people under 18 years of age, this should be reported to the relevant local council.
Under the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024, it illegal for Australian retailers such as tobacconists, vape shops and convenience stores to supply any vaping goods.
To report the suspected illegal import, manufacture, supply or commercial possession of vapes and vaping goods, including to minors, see report a perceived breach or questionable practices on the TGA website.
Display, signage, and advertising breaches by tobacco retailers
Local councils employ authorised officers who are responsible for educating businesses about their responsibilities under the Tobacco Act 1987 and can enforce breaches where required. If after reviewing the factsheets for tobacco retailers, you are concerned that a retailer is in breach of the Tobacco Act 1987, this should be reported to the relevant local council.
All other advertising of tobacco products and vaping goods, including online
Under the Public Health (Tobacco and Other Products) Act 2023 it is illegal to publish or broadcast messages that encourage people to smoke or vape, or advertise tobacco products or vaping goods.
For more information visit the Department of Health, Disability and Ageing's advertising and sponsorship bans page.
To report non-compliance, complete the tobacco complaints form.
Advertising of vaping goods is also prohibited under the Therapeutic Goods Act 1989, unless authorised by the TGA. Generally, the advertising and promotion of vaping goods to the public is prohibited.
If you suspect or have information about non-compliant advertising of vapes, this should be reported to the TGA.
Shisha tobacco
Under the Tobacco Act 1987, the sale, advertising and use of shisha products that contain any amount of tobacco is treated the same as other tobacco products, such as cigarettes and cigars. This means that shisha tobacco products cannot be used in places where smoking and vaping is banned and retailers and wholesalers must have a tobacco license to sell shisha tobacco.
However, fruit or herbal-based products that do not contain tobacco are not currently subject to the Tobacco Act.
If you suspect that a business is allowing the use of shisha tobacco products indoors, this should be reported to the relevant local council.
Smoking and vaping in smoke-free and vape-free areas
Under Victoria's Tobacco Act 1987, smoking and the use of vaping goods (vaping) is prohibited in all enclosed workplaces and certain public spaces where members of the public gather. For a list of these areas visit the smoke-free and vape-free areas page.
If you have concerns about people smoking and vaping in these areas, this should be reported to the relevant local council.
Smoking and vaping on trains, trams, buses, in bus shelters, tram shelters and at raised platform-tram stops
Smoking and vaping is prohibited on public transport and in all areas of train stations, raised-platform tram stops and bus shelters across Victoria’s public transport network.
These smoke-free laws are the responsibility of Public Transport Victoria (PTV), including the installation of signage. Any non-compliance should be reported to PTV via the Feedback and complaints page.
Updated