Tobacco Reforms

The Tobacco Act 1987 regulates the display, advertising and sale of tobacco products while educating retailers. Additionally, bans smoking and the use of e-cigarettes (vaping) in outdoor dining areas, all enclosed workplaces and certain public spaces where members of community gather.

Retailers

In Victoria, the sale of tobacco products is regulated by the Tobacco Act 1987. These laws ban the sale of tobacco products to people under the age of 18 years, as well as regulate the display and advertising of these products.

On July 1 2024, the Therapeutic Goods and Other Legislation amendment (Vaping reforms) Act 2024 (the reforms) were introduced. These changes in regulations prohibit tobacconists, vape shops or convenience stores from stocking or selling any type of vape, regardless of whether they contain nicotine. All vaping goods are now regulated under the Therapeutic Goods Act 1989 (Cth). This includes vaping devices, vaping accessories and vaping substances.

• Tobacco Retailer Information
• Therapeutic Goods Administration for Businesses
• Therapeutic Goods Administration for Public
• Certified specialist tobacconists and certified specialist e-cigarette premises
• Relevant signage (for example Health warning and no sale to U18) 

If you are concerned about a tobacco or e-cigarette retailer selling e-cigarette products, you can report this to the Therapeutic Goods Administration.

Outdoor dining

Under the Tobacco Act 1987, smoking and the use of e-cigarettes (vaping) is banned in outdoor dining areas. 

An outdoor dining area is an outdoor area that a business owner or manager permits to be used for the consumption of food. Examples of outdoor dining areas include footpath dining, courtyards, balconies, and beer gardens which are part of, or are attached to, cafes, restaurants, take-away outlets, pubs, licensed premises and other similar businesses.

Venues must display acceptable ‘No smoking’ signage to indicate smoke-free and vape-free areas. The signs must be displayed so customers can see a sign when entering, or within, the outdoor dining area.

Signs can be ordered free of charge from the tobacco reforms website.

For further information on Tobacco requirements in outdoor dining areas:

• General guidance on the smoking ban in outdoor dining areas for businesses: 
• The smoking ban in outdoor dining areas at food fairs and other organised events
• New smoke-free outdoor dining laws for the community

Smoke free and Vape free areas

Under the Tobacco Act 1987, smoking and the use of e-cigarettes (vapes) is prohibited in all enclosed workplaces and certain public spaces where members of community gather.

Smoking and Vaping is now banned:

• In enclosed workplaces
• In all outdoor dining areas
• Outdoor drinking areas if within 4 metres of outdoor dining, unless it is separated by at least 2.1 metres wall. 
• On the ground of, and within 4 metres of entrances to childcare centres, kindergartens, primary and secondary schools
• Children’s recreational areas
• Within 4 metres of the entrance to children's indoor play centres, public hospitals and registered community health centres
• Underage music or dance events 

This ban aims 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.

'No smoking' signs are available to order free of charge through the online order form through the Department of Health. 

For further information

If you have any concerns regarding tobacco or smoke-free areas please contact Bayside Council's Environmental Health Unit online or call 9599 4414.