Tobacco sales and smoking bans
We inspect premises selling tobacco products to make sure they comply with relevant laws. We also enforce smoking bans in areas where children play and around food.
For more information go to Department of Health: Tobacco legislation and regulations
Children’s Recreational Areas — smoke-free
Smoking is banned at and within 10 metres of outdoor public children’s playground equipment, skate parks and sporting venues during organised under-age sporting events, as well as in outdoor areas of public swimming pools.
Under the Tobacco Act 1987 smoking is now unlawful within these areas and could result in an infringement penalty.
For more information on the state-wide smoking ban where children play, go to VicHealth: Tobacco Reforms
Under Victoria’s Tobacco Act, smoking is prohibited in all enclosed workplaces and certain public spaces where members of the public gather and may be exposed to second-hand tobacco smoke.
Smoke-free Outdoor Dining Areas
From 1 August 2017, the Tobacco Amendment Act 2016 will amend the Tobacco Act 1987 to ban smoking at all outdoor dining areas when food is available for consumption. This will include:
- premises such as restaurants, cafés, take-away shops and licensed premises, including courtyard dining areas and footpath dining
- food fairs
- other organised outdoor events, including community or street festivals.
There is strong community support for this reform, with over 73% of Victorians supporting the introduction of a ban on smoking in outdoor dining areas.
For more information, go to VicHealth: smoke-free outdoor dining
Smoke-free areas are important as they:
- protect the community from exposure to second-hand tobacco smoke
- make smoking in the community less acceptable — the less people see smoking in public places the less they will tend to think it is okay, rather than harmful
- support people who have quit or are trying to quit smoking
Amendments to the Tobacco Act have extended the areas where smoking is banned across Victoria. Smoke-free areas include:
- entrances to indoor children’s play centres, public hospitals and registered community health centres, and certain Victorian Government buildings
- the grounds of, and entrances to, childcare centres, kindergartens, preschools and primary and secondary schools
- outdoor recreational areas, including playground equipment, skate parks and sporting venues during under-age sporting events
- outdoor areas of public swimming pools
- patrolled beaches
- enclosed workplaces
- train stations, tram-stop platforms and tram and bus shelters
- under-age music or dance events
To find out go to VicHealth: tobacco reforms or call the Tobacco Information Line on 1300 136 775.
This page was last updated on 8 April 2019.