Department of Health

Tobacco and e-cigarette retailers

Key messages

  • In Victoria, the sale of tobacco and e-cigarette products and accessories is regulated by the Tobacco Act 1987.
  • These laws ban the sale of tobacco and e-cigarette products to people under the age of 18 years, as well as regulate the display and advertising of these products.
  • Retailers must also ensure that persons under 18 do not purchase tobacco products from a vending machine on their premises.
  • Detailed guidance materials, signage, resources, and advice are available via the resources and factsheets page and the Tobacco Information Line on 1300 136 775.

Regulation of e-cigarette products

The Tobacco Act 1987 regulates all e-cigarettes (nicotine and nicotine-free) in the same way as tobacco products.

This means that e-cigarettes (vapes) cannot be used in areas where smoking is banned, cannot be displayed at retailer outlets, and cannot be sold to people under 18 years of age, as well as being subject to other restrictions.

The sale of e-cigarette products containing nicotine is illegal in Victoria under the Drugs, Poisons and Controlled Substances Act 1981.

The supplement to the Tobacco retailer guide provides information for retailers to understand and comply with the laws about e-cigarette products. The supplement covers the main sale, display and advertising laws that apply to e-cigarette products.

Key requirements for tobacco and e-cigarette retailers

Key requirements for tobacco and e-cigarette retailers include:

  • A ban on the sale of tobacco and e-cigarette products to people under 18 years of age
  • A ban on the display and advertising of tobacco and e-cigarette products
  • Displaying relevant signage ie. Health warning and no sale to U18
  • A ban on tobacco and e-cigarette products from shopper loyalty programs
  • Ensuring that people under 18 years of age do not purchase tobacco products from a vending machine on their premises.

The tobacco retailer guide provides further information for retailers to understand and comply with the laws.

Ban Orders

There are currently two Ministerial Ban Orders under Section 15(O) of the Tobacco Act 1987. For further details visit:

Tobacco and e-cigarette retailer guides

Comprehensive guides for tobacco and e-cigarette retailers, outlining their obligations and responsibilities under the law.

Certified specialist tobacconists and certified specialist e-cigarette premises

Victorian retailers can no longer apply to have a premises certified as a specialist tobacconist. New e-cigarette businesses cannot apply to be a certified specialist e-cigarette premises. Certification ends if a business ends, moves or if the original application is no longer running the business. Read more on Certified specialist tobacconists and certified specialist e-cigarette premises.

Reviewed 23 February 2024

Health.vic

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