Tobacco regulations
In Australia, tobacco smoking is the largest single preventable cause of death and disease. For more information about the Victorian Government approach visit the Department of Health page to find out about tobacco reforms and the Tobacco Act 1987.
Our Health Officers conduct regular education visits to tobacco retailers, eating establishments, licensed premises and gaming venues in regard to administering and enforcing requirements under the Tobacco Act.
Our educational program aims to reduce the harmful effects of tobacco smoking through:
- enforcing smoke free dining
- banning smoking in designated areas of licensed premises, shopping centres and children and young people areas used for recreational and sporting activities
- regulating display and advertising of tobacco products
- banning illegal tobacco products
Tobacco retailers
Tobacco retailers must:
- Not sell tobacco products to anyone under 18 years of age
- Include health warnings on packages
- Display signage clearly
- Supervise tobacco vending machine locations
Refer to the Tobacco retailer guide for more information.
Tobacco Advertising
Strict legislation regulates the sale and display of tobacco on retail and food premises. Any form of tobacco advertising such as flags, posters, stickers or signage either within or external of the retail outlet is prohibited. Tobacco products are prohibited from being displayed within the retail outlet although some specialist tobacconists may have some exemptions.
A quit smoking or health warning sign must be displayed at the point of sale or at the entrance of the premises along with a ‘We don’t sell tobacco to minors’ sign.
Vapes and e-cigarettes
The Commonwealth Therapeutic Goods Administration (TGA), along with the Victorian Department of Health are responsible for ensuring compliance with the new vaping laws.
It is now illegal for any retailer that is not a pharmacy to stock,
sell or advertise any type of vape or vaping product.
On 1 July 2024, the Therapeutic Goods and Other Legislation amendment (Vaping Reforms) Act 2024 commenced, introducing a single framework that regulates the importation, domestic manufacture, supply, commercial possession and advertising of all vaping goods in Australia.
An individual found to be supplying vapes or vaping products in breach of new laws may face a maximum penalty of 7 years imprisonment, and a fine of $1,565,000 (5,000 penalty units). For a body corporate, that maximum figure increases to $21,910,000 (70,000 penalty units).
More information available at the Therapeutic Goods Administration Vaping Hub.
What can I do with vape stock?
A Business Surrender Scheme is available to businesses possessing more than 280 vaping devices or 1,800 vaping accessories, or 12,000 mL of vaping substance. Businesses that wish to participate must notify the TGA before 1 September 2024 by email to vapereturn@health.gov.au. The scheme is available to pharmacy and non-pharmacy retailers, wholesalers, manufacturers, importers, exporters, transport or storage providers.
Resources and factsheets
For more information on tobacco reforms visit the Department of Health's resources and factsheets - tobacco reform page.
Report an issue
Darebin residents who believe that a business is breaching tobacco laws can report an issue to Council.
All reports of illegal vaping activity and non-compliance should be referred to the TGA by completing a Report a perceived breach or questionable practices form.
Further information about tobacco regulations can be obtained from the Department of Health and Human Services
More information
Health Protection
Phone: 03 8470 8658
Email: health@darebin.vic.gov.au