Tobacco reforms

The Tobacco Act 1987 is legislation that regulates the sale and advertising of tobacco, as well as the use of these products in smoke-free areas.

Retailers

There have been recent changes to the sale of tobacco products and e-cigarettes (vapes).

From the 1 July 2024, changes were introduced for the regulation of vapes in Australia. Tobacconists, vape shops and convenience stores are prohibited from selling any type of e-cigarette, regardless of whether they contain nicotine.  All e-cigarette products are now regulated under the Therapeutic Goods Act 1989 (Cth).

From 1 July 2025, tobacco retailers and wholesalers must apply for a license to sell tobacco products in Victoria.

For further information on the Tobacco Business Licensing Scheme visit tobacco licensing. 

It is illegal to sell cigarettes to minors (under 18). Council continues to educate business operators about their legal obligations under the Tobacco Act 1987.

Smoke free dining

Smoking is prohibited in all enclosed restaurants or cafes, the indoor dining areas of pubs and clubs, licensed premises and gaming venues. Smoking is also banned in outdoor dining areas. This includes:

  • outdoor areas at hospitality businesses where food is eaten or available to be eaten
  • all outdoor areas at food fairs where the principal activity is supplying food to eat at the event
  • all outdoor areas within 10 metres of food stalls and vans at organised outdoor events (other than food fairs), including community or street festivals such as St Kilda Festival.

Changes to the Tobacco Act 1987 in 2017 regulated e-cigarettes and shisha tobacco in the same way as other tobacco products in relation to smoke free areas.

An outdoor dining area is an area provided by a business for food to be consumed, and may include: 

  • footpath dining
  • courtyards
  • balconies
  • beer gardens
  • food courts near takeaway outlets.

Businesses must display acceptable 'No smoking' signs to indicate smoke-free and vape-free areas at your venue. The signs must be visible on entry to and in outdoor dining areas. 

Signs can be ordered free of charge from the Department of Health - tobacco reforms.

Smoke free and vape free areas

Under the Tobacco Act, smoking and the use of e-cigarettes (vapes) is prohibited in all enclosed workplaces and certain public spaces where members of the community gather.

Smoking and vaping is now banned:

  • in enclosed workplaces
  • in all outdoor dining area
  • outdoor drinking areas if within 4 meters of outdoor dining, unless it is separated by at least 2.1 meters wall
  • on the grounds of, and within 4 meters of entrances to childcare centres, kindergartens, primary and secondary schools
  • childrens recreational areas
  • within 4 meters of the entrace to children's indoor play centres, public hospitals and registered community health centres
  • in all outdoor areas of public swimming pool complexes
  • underage music and dance events
  • at train stations, tram and bus stops and on public transport
  • between the lifesaving flags and within a 50-meter radius of each flag at all patrolled beaches

The bans aim to protect the community, children and young people from second-hand smoke and the aerosol from e-cigarettes.  They are also required to display an acceptable 'No smoking' sign.  

Signs can be ordered free of charge from the Department of Health - tobacco reforms.

Making a report or complaint

To find out who to report various breaches and complaints related to tobacco, e-cigarettes and shisha tobacco visit the Department of Health - tobacco reforms.