Tobacco Reforms

The Tobacco Act 1987 regulates the sale, advertising and use of tobacco products and e-cigarettes (vapes) in Victoria. Recent legislative changes have introduced new requirements for retailers and strengthened smoke-free and vape-free protections in public spaces.

Tobacco Retailers

Recent reforms have changed how tobacco products and e-cigarettes can be sold in Australia.

Tobacco business licensing

From 1 February 2026, businesses must hold a licence to sell tobacco products. Selling tobacco without a licence is an offence.

For more information about licensing requirements, visit the Victoria Government's tobacco licensing website. 

E-cigarette (vapes) regulation changes

Since 1 July 2024, tobacconists, vape shops and convenience stores are no longer permitted to sell e-cigarettes, regardless of whether they contain nicotine. All e-cigarette products are now regulated under the Therapeutic Goods Act 1989 (Cth).

Sales to minors

It is illegal to sell cigarettes or other tobacco products to anyone under 18 years of age. Council continues to work with local businesses to promote compliance with their obligations under the Tobacco Act 1987.

Smoke-Free Dining

Smoking is prohibited in:

  • Enclosed restaurants and cafés
  • Indoor dining areas of pubs and clubs
  • Licensed premises
  • Gaming venues
  • Outdoor dining areas
Since changes to the Tobacco Act in 2017, e-cigarettes (vapes) and shisha tobacco are subject to the same smoke-free requirements as other tobacco products.

What is an outdoor dining area?

An outdoor dining area is any space provided by a business for customers to consume food, including:

  • Footpath dining areas
  • Courtyards
  • Balconies
  • Beer gardens
  • Food courts near takeaway outlets
Businesses must display approved 'No Smoking' signs in smoke-free and vape-free areas. Signs should be clearly visible at entrances and throughout outdoor dining spaces.

Signs can be downloaded from the Department of Health.

Smoke-Free and Vape-Free Areas

Under the Tobacco Act, smoking and vaping are prohibited in all enclosed workplaces and in a range of public areas where people gather.

These restrictions help to:

  • Protect the community from second-hand smoke
  • Reduce exposure to e-cigarette aerosols
  • Create healthier environments for children and young people
Where smoking or vaping is prohibited, appropriate signage must be displayed to inform the public.  Signs can be downloaded from the Department of Health.

Reporting Concerns or Complaints

If you wish to report a breach relating to tobacco, e-cigarettes and shisha tobacco, please visit the Department of Health which outlines the correct authority for each type of complaint.

Resources