Tobacco Act 1987 (Vic)

Version No. 102

Tobacco Act 1987

No. 81 of 1987

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AVending machines

3BTobacco advertisements

3CBingo area

3FOutdoor dining area

3GWho is an associate?

4Application of Act

5Objects of Act

Part 2—Controls relating to tobacco products and vaping goods

Division 1—No smoking areas

5AEnclosed workplaces: offence by smoker

5BEnclosed workplaces: offence by occupier

5COutdoor drinking areas: offence by smoker

5DOutdoor drinking areas: offence by occupier

5EOutdoor drinking areas: no smoking signs

5EAOutdoor dining areas: offence by smoker

5EBOutdoor dining areas: offence by occupier

5ECOutdoor dining areas: no smoking signs

5FEnclosed restaurants and cafes: no smoking signs

5GRetail shopping centres: no smoking signs

5HBingo areas and centres: no smoking signs

5KCasinos: no smoking signs

5NApproved venues: no smoking signs

5RLicensed liquor premises: no smoking signs

5RANo smoking at patrolled beaches

5RBNo smoking in outdoor area of education and care service premises or children's service premises or their vicinity

5RBAVicinity of education and care service premises or children's service premises: no smoking signs

5RCNo smoking in outdoor area of public swimming pool complex

5RDNo smoking in outdoor area of school premises or vicinity of school premises

5RDAVicinity of school premises: no smoking signs

5RENo smoking at or in vicinity of outdoor children's playground equipment

5RFNo smoking in vicinity of children's indoor play centre

5RFAVicinity of children's indoor play centre: no smoking signs

5RGNo smoking at or in vicinity of outdoor skate park

5RHNo smoking in vicinity of Victorian public premises

5RHAVicinity of Victorian public premises—no smoking signs

5RINo smoking at or in vicinity of outdoor sporting venue

5RJNo offence by minors at or in vicinity of certain places where smoking is prohibited

Division 1A—Smoking in motor vehicles

5SOffence to smoke in motor vehicle if person under 18 is present

5TPower to require driver to stop

5UEvidential burden regarding age

Division 2—Advertising and other controls

6Certain advertising prohibited

6APoint of sale advertisements

7Competitions, rewards and shopper loyalty schemes

8Free samples

9Prohibition of certain sponsorships

11AIllicit tobacco offences

12Supplying tobacco products or vaping goods to person under 18 years

13Vending machines

13AMobile selling of tobacco products

14Packages of cigarettes

15Smokeless tobacco

15CRetail outlets: signage

15DProhibition of retailing at premises where offences have been committed

Division 3—Underage music/dance events

15EWhat is an underage music/dance event?

15FNo smoking at underage music/dance events

15GOffence by occupier

15HNo smoking signs

15ICovering vending machines, tobacco advertisements etc.

15JProhibition on supplying tobacco at underage music/dance events

15KNo offence by minors

Division 4—Sales of tobacco products from temporary outlets

15LOffence to sell tobacco products from temporary outlet

15MOffence for tobacco company to sell tobacco products from temporary outlet

Division 5—Prohibited products

15NBan orders

15OSecretary may recommend ban order

15POperation of ban order

15QAmendment or revocation of ban order

15RNotice of order

15SOffence to breach a ban order

Part 3—Victorian Health Promotion Foundation

16Victorian Health Promotion Foundation

17Objectives of Foundation

18Functions of Foundation

19Powers of Foundation

20Foundation to be responsible to Minister

21Membership of Foundation

22Term of appointment

23Remuneration and allowances

24Removal from office

25Resignation

26Disclosure of interests etc.

27Validity of acts and decisions

28Meetings of Foundation

29Patrons

30Advisory committees

31Chief executive officer and staff

32Victorian Health Promotion Fund

33Budget

Part 3AA—Licensing of tobacco retailers and wholesalers

Division 1—Application for licence

34Who can apply for a licence?

34AForm and content of licence application

Division 2—Variation of licence

34BApplication for variation of licence

34CVariation of licence by Regulator

34DVariation of licence by Regulator following show cause process

34EProcedure on application for variation by Chief Commissioner of Police

34FVariation to correct mistakes

34GNotice of variation of licence

Division 3—Relocation and transfer of licence

34HApplication for relocation of licence

34IApplication for transfer of licence

34JNotification of relocation or transfer

34KEffect of relocation or transfer of licence

Division 4—Suspension and cancellation of licence

34LApplication for suspension or cancellation of licence

34MProcedure on application by licensee for suspension or cancellation of licence

34NProcedure on application by Chief Commissioner of Police for suspension or cancellation of licence

34OProcedure on application by owner or mortgagee of licensed tobacco premises for suspension or cancellation of licence

34PSuspension or cancellation of licence by Regulator—show cause notice

34QDecision following show cause notice

34RImmediate suspension of licence—illicit tobacco offence

34SRegulator may suspend licence in certain circumstances

Division 5—Objections and representations by Chief Commissioner of Police

34TRegulator must give copy of licence and transfer applications to Chief Commissioner of Police

34UChief Commissioner of Police may object to or make representations about licence or transfer applications

34VChief Commissioner of Police may make representations about other applications

Division 6—Determination of applications and suitability matters

34WDetermination of application

34XRegulator may refuse to grant application

34YNotice of decision

34ZSuitability matters

34ZAProcedure for applications or decisions based on protected information

34ZBRegulator may permit amendments and disregard errors

34ZCForm, categories and duration of licence

34ZDLicence conditions

34ZESeveral liability

34ZFRegulator to endorse changes to licences

Division 7—Statements of reasons

34ZGRequest for statement of reasons for decision

34ZHChief Commissioner of Police may request statement of reasons

34ZIProvision of statement of reasons

Division 8—Internal reviews

34ZJApplications for internal review

34ZKDecisions on internal review

Division 9—Review by VCAT

34ZLApplication to VCAT for review of decision on internal review

34ZMApplication to VCAT for review of decision based on advice from the Chief Commissioner of Police

34ZNVCAT to inquire on grounds for decision

34ZOAppointment of special counsel—protected information

34ZPProcedure for hearing—protected information

34ZQDecision of VCAT where protected information exists

34ZRChief Commissioner of Police may request Regulator reconsider decision without protected information

Division 10—Licence renewals

34ZSApplication for renewal of licence

Division 11—Disqualification

34ZTProcedure—proposal to disqualify person from holding licence

34ZUDecision on disqualification and notice

Division 12—General

34ZVRegister of Licensed Tobacco Suppliers

34ZWRequirement to notify Regulator of change in application information

34ZXFalse or misleading statements in connection with licensing

34ZYCourt may suspend or cancel licence or disqualify person

34ZZRegulator may review licences

34ZZALicence ceases to have effect in certain circumstances

34ZZBLicence not personal property

34ZZCRegulator may issue copy of licence

Part 3AAB—Enforcement in relation to licensing

Division 1—The Regulator

35Regulator's functions, powers and delegations

35AMinisterial directions

35BDecision‑making guidelines

35CCollection, use and disclosure of information

Division 2—Licensing inspectors

35DAppointment of licensing inspectors

35ECriminal records check

35FFunctions and powers of licensing inspectors

35GIdentity card

Part 3A—Inspectors and powers of inspectors

36Appointment of persons as inspectors

36AAInspectors appointed under section 36

36AInspector's identity card

36BProduction of identity card

36CPower to require names and addresses

36DEntry or search with consent for investigation of suspected offences

36EEntry of premises open to the public

36EAPower to enter, inspect, monitor compliance and investigate

36FSearch warrants

36GAnnouncement before entry

36HDetails of warrant to be given to occupier

36ISeizure of things not mentioned in the warrant

36JCopies of seized documents

36KRetention and return of seized documents or things

36LMagistrates' Court may extend 3 month period

36MRequirement to assist inspector during entry

36NRefusal or failure to comply with requirement

36OProtection against self-incrimination

36POffence to give false or misleading information

36QOffence to hinder or obstruct inspector

36QAOffence to intimidate, threaten or assault inspector

36ROffence to impersonate inspector

36SService of documents

36TConfidentiality

Part 4—Miscellaneous

37Removal of advertisements

38Infringement notices

39Proceedings

39ASufficient evidence of matters relating to tobacco sales

40Application of penalties

41Offences by a body corporate

41AAConduct by officers, employees or agents

41ANo double jeopardy

42Civil proceedings

42APower to require names of persons supplied with tobacco

42BSupreme Court—limitation of jurisdiction

43Regulations

Part 5—Transitional

44Proceedings under section 6(2)

45Section 15D

46Section 3: definition of occupier

47Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences

48Transitional provision—Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 102

Tobacco Act 1987

No. 81 of 1987

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts as follows:

Preamble

Whereas—

(a)the following guiding principles are recognised in relation to the use, supply and promotion of tobacco—

(i)tobacco use is so injurious to the health of both smokers and non-smokers as to warrant restrictive legislation;

(ii)tobacco use has adverse health effects even with infrequent use and there is no completely safe form of tobacco use;

(iii)tobacco use is a widely accepted practice amongst adults which it is inappropriate to ban completely;

(iv)the extent of the health effects of smoking requires strong action to deter people from taking up smoking and to encourage existing smokers to give up smoking;

(v)the association of smoking with social success, business advancement and sporting prowess through use of advertising and promotion has a particularly harmful effect by encouraging children and young people to take up smoking; and

(b)it has been resolved to discourage the use of tobacco in all its forms and to prohibit various types of promotion and advertising of tobacco products in order to reduce the incidence of tobacco-related illness and death.

The Parliament of Victoria therefore enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to prohibit certain sales or promotion of tobacco products and certain non‑tobacco products; and

(b)to establish a licensing scheme to regulate the lawful supply of tobacco products; and

(c)to create offences in relation to smoking, possession of tobacco products and licensing; and

(d)to establish the Victorian Health Promotion Foundation.

2Commencement

(1)Except as provided in this section, this Act comes into operation on the day on which it receives the Royal Assent.

(2)Sections 6(1) and (3), 13 and 15 come into operation on 1 April 1988.

(3)Section 14 comes into operation on 1 July 1988.

(4)Section 6(2) comes into operation on 1 January 1989.

3Definitions

In this Act—

acceptable no smoking sign means a sign that contains—

(a)a no smoking symbol in the form of a circle and diagonal line printed in red over a depiction of a cigarette and smoke printed in black, or other symbol that clearly indicates that smoking is not permitted, with the symbol being at least 70 mm in height; and

(b)the phrase "No Smoking" or "Smoking Prohibited", or other wording that clearly indicates that smoking is not permitted, in letters that are at least 20 mm in height;

angled stack means packages stacked behind each other from the point of view of the customer's side of the customer service area;

approved issuer document means a document issued—

(a)by a person; or

(b)on behalf of a government department or an agency—

approved by the Minister;

approved venue has the same meaning as in the Gambling Regulation Act 2003;

associate has the meaning given by section 3G;

ban order means an order made by the Minister under section 15N(1);

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bingo has the same meaning as in the Gambling Regulation Act 2003;

bingo area has the meaning given by section 3C;

bingo centre has the same meaning as in the Gambling Regulation Act 2003;

carton means a package containing packages of a tobacco product, or a package designed to contain packages of a tobacco product, but does not include a package containing individually-wrapped cigars (unless the package contains a further package or packages of the cigars);

casino has the same meaning as in the Casino Control Act 1991;

Chairperson means Chairperson of the Foundation;

children's indoor play centre means premises used by a business whose principal revenue is generated by providing indoor play equipment to be used at the premises predominantly by children under the age of 12 years and those responsible for their care;

children's service has the same meaning as in section 3(1) of the Children's Services Act 1996;

children's service premises has the same meaning as in the Children's Services Act 1996;

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corresponding law means—

(a)a law of another jurisdiction (whether in Australia or elsewhere) corresponding, or substantially corresponding, to this Act; or

(b)a law of another jurisdiction that is prescribed to be a corresponding law, whether or not the law corresponds, or substantially corresponds to this Act;

Councilhas the same meaning as in the Local Government Act 2020;

criminal history check means a check of the criminal history of a person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;

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director of a body corporate includes—

(a)a person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b)a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act;

display, in relation to a tobacco product at a retail outlet or a wholesale outlet, means display to the customers of the retail outlet or wholesale outlet;

disqualified person means a person disqualified under section 34ZU or 34ZY(c) from holding a licence;

driver has the same meaning as in the Road Safety Act 1986;

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education and care service has the same meaning as in section 5(1) of the Education and Care Services National Law (Victoria);

education and care service premises has the same meaning as in paragraph (a) of the definition of education and care service premises in section 5(1) of the Education and Care Services National Law (Victoria);

enclosed means an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are—

(a)permanent or temporary;

(b)open or closed;

evidence of age document means a document that—

(a)is—

(i)a Victorian proof of age card or an interstate proof of age card; or

(ii)a Victorian driver licence or an interstate driver licence; or

(iii)an Australian or foreign passport; or

(iv)an approved issuer document; and

(b)contains a photograph of the bearer; and

(c)indicates, by reference to a date of birth or otherwise, that the bearer is of or over a particular age;

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Foundation means the Victorian Health Promotion Foundation;

gaming machine has the same meaning as in the Gambling Regulation Act 2003;

gaming machine area has the same meaning as in the Gambling Regulation Act 2003;

gaming room means a room in an approved venue in which gaming machines available for gaming are installed;

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highway has the same meaning as in the Road Safety Act 1986;

illicit tobacco means—

(a)a tobacco product that does not comply with a tobacco product requirement of Part 3.3 of the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; or

(b)a tobacco product in packaging that does not comply with a packaging requirement of Part 3.4 of the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; or

(c)a tobacco product that does not comply with a requirement of a law of the Commonwealth prescribed by the regulations;

immediate package, in relation to a tobacco product, means a package containing the product—

(a)in the case of a tobacco product other than cigars, not including a package containing a further package or packages of the product; and

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(b)in the case of cigars—

(i)including a package constituted by the individual wrapping of a cigar, and a package containing individually wrapped or unwrapped cigars; but

(ii)not including any other package containing a further package or packages of cigars (whether wrapped or unwrapped);

inspector means a person—

(a)who is an environmental health officer appointed under section 29 of the Public Health and Wellbeing Act 2008; or

(b)who is appointed under section 36;

interstate driver licence means a licence issued in another State or a Territory that is the equivalent of a Victorian driver licence;

interstate proof of age card means a card issued in another State or a Territory that is the equivalent of a Victorian proof of age card;

licence means a licence to sell tobacco products in Victoria;

licence application means an application under section 34A for a licence;

licensed liquor premises means premises in respect of which a general licence, an on-premises licence or a club licence within the meaning of the Liquor Control Reform Act 1998 is in force, other than premises that are a restaurant or cafe or a bingo centre;

licensed tobacco premises means premises in respect of which a licence is issued;

licenseemeans a person who holds a licence;

licensing inspector means a person appointed under section 35D;

medicinal cannabis vaporiser has the meaning given by section 80T of the Drugs, Poisons and Controlled Substances Act 1981;

member means member of the Foundation;

minor gaming permit means a permit issued under Division 2 of Part 3 of Chapter 8 of the Gambling Regulation Act 2003;

motor vehicle has the same meaning as in the Road Safety Act 1986;

municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;

newspaper means any paper or pamphlet in paper form containing any public news or comments on public news or any political matter printed for sale or distribution and published periodically at intervals not exceeding 26 days but does not include any document containing only matter wholly of a commercial nature;

occupier, in relation to an area or premises, means—

(a)a person who appears to be of or over the age of 16 years and who is or appears to be in control of the area or premises, whether or not the person is present in the area or on the premises; or

(b)a body corporate that is or appears to be in control of the area or premises;

on-airport duty free shop has the same meaning as in regulation 93 of the Customs Regulations 1926 of the Commonwealth;

outdoor dining area has the meaning given in section 3F;

outdoor drinking area means any of the following outdoor areas that is predominantly used for the consumption of drinks—

(a)a balcony or verandah;

(b)a courtyard;

(c)a rooftop;

(d)a marquee;

(e)a street or footpath;

(f)any similar outdoor area;

package (other than in relation to a snack) does not include a transparent wrapping, unless the wrapping has a tobacco advertisement printed on it;

pedestrian access point in relation to premises means a door or gate by which a pedestrian can enter or exit the premises but does not include—

(a)a door or gate to premises that are used partly for residential purposes and partly for other purposes if the door or gate is used solely for entry to or exit from that part of the premises that is used solely for residential purposes; or

(b)an emergency exit that is locked to entry;

point of sale means a place where tobacco products are sold within a retail outlet or wholesale outlet, and includes a vending machine from which tobacco products are sold;

police officer has the same meaning as in the Victoria Police Act 2013;

premises includes any part of premises and includes a vehicle or vessel and a permanent or temporary structure;

product line means a kind of tobacco product distinguishable from other kinds by one or more of the following characteristics—

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(b)brand name;

(c)nicotine or tar content;

(d)flavour—

but not by the size of the package containing the tobacco product;

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protected information means any information, document or thing the production or inspection of which—

(a)is likely to reveal the identity of a person who provided any information that is relevant to a decision of the Chief Commissioner of Police to—

(i)object to the grant or transfer of a licence; or

(ii)apply for the variation, suspension or cancellation of a licence; or

(iii)make representations under Part 3AA; or

(b)is likely to reveal the identity of a person whose name appears in any evidence given or information provided to a police officer in the course of any investigation; or

(c)is likely to reveal the identity of a person who is or has been the subject of an investigation conducted by a police officer; or

(d)is likely to jeopardise the safety of a person or police officer referred to in paragraph (a), (b) or (c); or

(e)is likely to reveal an investigation method, intelligence gathering method, investigative technique or technology or covert practice used by police officers; or

(f)is likely to put at risk any investigation by a police officer; or

(g)may prejudice any investigation or criminal proceeding; or

(h)is otherwise not in the public interest;

public place includes a place to which the public ordinarily has access, whether by payment or not, but does not include a part of a place to which the public has access by reason only of the carrying on of a trade, business or profession on or in that place;

Regulator means the Department Head (within the meaning of the Public Administration Act 2004) of the Department administered by the Minister administering Part 3AA;

relocation application means an application under section 34H to relocate licensed tobacco premises to another premises;

renewal application means an application under section 34ZS to renew a licence;

representations includes any information the person making the representations considers may be relevant for the Regulator to make a decision on the matter in relation to which the representations are made;

residential care facility means—

(a)a residential care service or State funded residential care service within the meaning of the Health Services Act 1988; or

(b)an aged care service within the meaning of the Aged Care Act 1997 of the Commonwealth; or

(c)a supported residential service within the meaning of section 214 of the Social Services Regulation Act 2021;

restaurant or cafe means premises that are, or an area in premises that is, used by the public, or a section of the public, predominantly for the consumption of food or non-alcoholic drinks purchased on the premises (whether or not food or non-alcoholic drinks are also sold on the premises for consumption off the premises) and—

(a)in the case of a restaurant or cafe that is an area in premises, includes any abutting area in those premises that is not separately enclosed from that area, irrespective of the purpose or purposes for which the abutting area is used; but

(b)does not include premises in respect of which a general licence or a club licence within the meaning of the Liquor Control Reform Act 1998 is in force;

retail outlet means premises where tobacco products are available for sale by retail;

retail shopping centre means a cluster of premises 5 or more of which are retail premises and—

(a)all of which have, or if leased would have, a common head landlord; or

(b)each of which is on a lot on the same plan of subdivision and those lots are land affected by an owners corporation within the meaning of the Subdivision Act 1988—

but does not include—

(c)a building with more than one storey except in relation to each storey of the building on which is situated a cluster of premises in respect of which paragraph (a) or (b) applies; or

(d)any part of those premises—

(i)that is not used by the public, or a section of the public; or

(ii)that is an enclosed restaurant or cafe; or

(iii)in respect of which a general licence or a club licence within the meaning of the Liquor Control Reform Act 1998 is in force; or

(iv)that is a bingo centre within the meaning of the Gambling Regulation Act 2003; or

(v)that is a road or road related area within the meaning of the Road Safety Act 1986;

reviewable decision means a decision made by the Regulator to—

(a)refuse a licence application under section 34W; or

(b)refuse a renewal application under section 34W; or

(c)impose a condition on a licence under section 34ZD; or

(d)vary a licence under section 34C or 34E; or

(e)suspend or cancel a licence under section 34N, 34O or 34Q; or

(f)suspend a licence under section 34R; or

(g)disqualify a person from holding a licence under section 34ZU; or

(h)refuse under section 34E to grant an application made under section 34B(1)(b); or

(i)refuse to grant a variation application under section 34W; or

(j)refuse to grant a relocation application under section 34W; or

(k)refuse to grant a transfer application under section 34W; or

(l)refuse an application to suspend or cancel a licence under section 34M;

road has the same meaning as in section 3(1) of the RoadSafety Act 1986;

roof includes any structure or device (whether fixed or movable) that prevents or significantly impedes upward airflow, including a ceiling;

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school premises means the buildings and grounds of a school within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

sell includes—

(a)barter or exchange; and

(b)offer or expose for sale, barter or exchange; and

(c)supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; and

(d)supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain;

show cause notice means a notice given by the Regulator under section 34P;

smoke means—

(a)smoke, hold or otherwise have control over, an ignited or heated tobacco product; or

(b)use a vaping device to generate or release an aerosol or vapour;

snack means—

(a)a pre-packaged shelf-stable food that—

(i)is sealed in the container or package in which the manufacturer intended the food to be sold by retail; and

(ii)does not require any intervention or attention by, or on behalf of, the provider before consumption; or

(b)a piece of fruit which has not been cut for the purposes of consumption;

special counsel means a person appointed under section 34ZO;

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substantially enclosed includes completely enclosed;

suitability offence means any of the following offences—

(a)an offence of selling tobacco products without a licence (whether in Victoria or elsewhere);

(b)any other offence against this Act or the regulations;

(c)an indictable offence relating to fraud, dishonesty, or tax or customs evasion (whether in Victoria or elsewhere);

(d)an offence under the Therapeutic Goods Act 1989 of the Commonwealth relating to vaping goods or vaping devices;

(e)an offence against a corresponding law;

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theatre means a place where any live entertainment or film is presented, performed or exhibited to which admission is or may be procured by payment or by ticket or by any other means, token or consideration;

tobacco advertisement has the meaning given in section 3B;

tobacco company means—

(a)a public company (within the meaning of the Corporations Act) that is engaged in any one or more of—

(i)tobacco growing;

(ii)manufacturing tobacco products;

(iii)wholesaling tobacco products; or

(b)a proprietary company (within the meaning of the Corporations Act) that is a subsidiary or related body corporate (within the meaning of that Act) of a company referred to in paragraph (a);

tobacco product means tobacco, cigarette or cigar or any other product containing tobacco and which is designed for human consumption;

tobacco retailing business means the business of selling tobacco by retail, either alone or in conjunction with any other merchandise, and includes—

(a)any such business carried on as part of, or in conjunction with, any other business; and

(b)any business that consists of, or involves, management of a retail outlet where tobacco products are available for sale by means of a vending machine;

tobacco supply business means—

(a)a tobacco retailing business; or

(b)a tobacco wholesaling business; or

(c)any other business that involves the sale or supply of tobacco, including any such business carried on as part of, or in conjunction with, any other business;

tobacco wholesaling business means the business of selling tobacco for the purposes of resale, either alone or in conjunction with any other merchandise, and includes any such business carried on as part of, or in conjunction with, any other business;

transfer application means an application under section 34I to transfer a licence;

vaping device means—

(a)a vaping device as defined by section 41P of the Therapeutic Goods Act 1989 of the Commonwealth; or

(b)any other device prescribed by the regulations—

but does not include a medicinal cannabis vaporiser;

vaping goods has the meaning that vaping goods would have under section 41P of the Therapeutic Goods Act 1989 of the Commonwealth if vaping device had the meaning given by this section;

variation application means an application under section 34B(1)(a) or (c) to vary a licence;

vending machine means a machine, device or contrivance that is constructed to contain tobacco products that may be obtained from it by an operation that involves the insertion in the machine, device or contrivance of a coin, token or similar object;

Victorian driver licence means a driver licence issued under the Road Safety Act 1986;

Victorian proof of age card means a document issued by the Victorian Liquor Commission under section 176 of the Liquor Control Reform Act 1998;

Victorian public premises means a building that is occupied on an ongoing basis (either solely or in part) by one or more of the following—

(a)Parliament, but not any electorate office of a member of Parliament;

(b)the Supreme Court;

(c)the County Court;

(d)the Magistrates' Court;

(e)the Children's Court;

(f)the Coroners Court;

(g)a denominational hospital, multi purpose service, privately-operated hospital, public health service, public hospital or registered community health centre (all within the meaning of the Health Services Act 1988);

(h)a public service body within the meaning of section 4(1) of the Public Administration Act 2004;

(i)a special body within the meaning of section 4(1) of the Public Administration Act 2004;

wall includes any structure or device (whether fixed or movable) that prevents or significantly impedes lateral airflow, including a window or door;

wholesale outlet means premises where tobacco products are available for sale exclusively by wholesale;

workplace means any premises or area where one or more employees or self-employed persons (or both) work, whether or not they receive any payment for that work.

3AVending machines

The presence on any premises of a vending machine is deemed to constitute the carrying on on those premises of a tobacco retailing business.

3BTobacco advertisements

(1)Subject to this section, for the purposes of this Act, a tobacco advertisement is any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote—

(a)smoking; or

(b)the purchase or use of a tobacco product or range of tobacco products; or

(c)the whole or a part of a trade mark that is registered under the Trade Marks Act 1955 of the Commonwealth in respect of goods that are or include tobacco products; or

(d)the whole or a part of a design that is registered under the Designs Act 2003 of the Commonwealth in relation to products that are or include tobacco products; or

(e)the whole or a part of the name of a person—

(i)who is a manufacturer of tobacco products; and

(ii)whose name appears on, or on the packaging of, some or all of those products; or

(ea)any other words or designs, or a combination of words and designs, that are closely associated with a person described in paragraph (e); or

(f)any other words (for example the whole or a part of a brand name) or designs, or combination of words and designs, that are closely associated with a tobacco product or range of tobacco products (whether also closely associated with other kinds of products).

(2)A reference in subsection (1) to a visual image or a design includes a reference to an image or design consisting of a colour or a scheme of colours.

(3)Without limiting subsection (1), a tobacco advertisement includes—

(a)the display of an immediate package of a tobacco product;

(b)the advertisement of cigarette papers.

(3A)Without limiting subsection (1)(ea), words or designs, or a combination of words and designs, are closely associated with a manufacturer of tobacco products if that manufacturer enters into a contract, agreement, partnership, sponsorship, undertaking or understanding with a person for that person to give publicity to, or otherwise promote or intend to promote, the words or designs, or a combination of words and designs.

(4)Words, signs or symbols that appear as part of the standard wording of an invoice, statement, order form, letterhead, business card, cheque, manual, or other document, ordinarily used in the normal course of the business of a manufacturer, distributor or retailer of tobacco products (a business document) do not, when so appearing, constitute a tobacco advertisement (but this does not prevent a still or moving picture, or other visual image of a business document, from being a tobacco advertisement).

(5)Words, signs or symbols that appear in or on land or buildings occupied by a manufacturer of tobacco products do not, when so appearing, constitute a tobacco advertisement (but this does not prevent a still or moving picture, or other visual image, of words, signs or symbols that so appear from being a tobacco advertisement).

(6)For the avoidance of doubt, the taking of any action to prevent a product from causing injury to anyone, including action—

(a)to recall a product; or

(b)to disclose a defect in, or a dangerous characteristic of, a product; or

(c)to disclose circumstances in which the use of a product is or may be dangerous; or

(d)to disclose procedures for disposing of a product—

does not constitute a tobacco advertisement.

(7)If—

(a)apart from this subsection, something (the advertisement) would, technically, be a tobacco advertisement; and

(b)it is clear from the advertisement that its sole or principal purpose is to discourage smoking or the use of tobacco products—

then, despite subsection (1), the advertisement is not a tobacco advertisement for the purposes of this Act.

(8)In this section—

words includes abbreviations, initials and numbers.

3CBingo area

For the purposes of this Act, an area (other than an outdoor area) is a bingo area at any time when the predominant activity in that area is the conducting of a session of bingo under a minor gaming permit.

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3FOutdoor dining area

(1)For the purposes of this Act, an outdoor dining area is—

(a)an outdoor area in a public place—

(i)that has an occupier; and

(ii)that the occupier permits to be used for the consumption of food provided on a commercial basis, whether or not prepared by, or on behalf of, the occupier; and

(iii)to which neither paragraph (b) nor (c) applies; or

(b)an outdoor area in a public place at which a food fair is held; or

(c)an area that—

(i)is part of an outdoor area in a public place at which an organised event (other than a food fair) is held; and

(ii)is within 10 metres of a place at the outdoor area at which food is provided on a commercial basis by, or with the permission of, the occupier of the outdoor area.

(2)In this section—

food does not include drink or any snack;

food fair means an organised event at which the principal activities are the sale or supply of food for consumption at the event and the consumption of that food.

3GWho is an associate?

(1)In this Act, an associate of a person (primary person) who is an applicant for a licence, a licensee or a proposed transferee of a licence is—

(a)a person who—

(i)has or will have a relevant financial interest, or is or will be entitled to exercise a relevant power (whether in right of the person or on behalf of any other person) in the tobacco supply business carried on, or proposed to be carried on, under the licence; and

(ii)by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management of that business; or

(b)a person who holds or will hold any relevant position (whether in right of the person or on behalf of another person) in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

(c)if the primary person is a body corporate, a relative of any director of the primary person, other than a relative—

(i)who is not, and has never been, involved in a tobacco supply business of the primary person; or

(ii)who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

(d)if the primary person is a natural person who holds or will hold the licence on the primary person's own account, a relative of the primary person, other than a relative—

(i)who is not, and has never been, involved in a tobacco supply business of the primary person; or

(ii)who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

(e)if the primary person is a natural person who holds or will hold the licence on behalf of a partnership, a relative of any partner in the partnership, other than a relative—

(i)who is not, and has never been, involved in a tobacco supply business of the partnership; or

(ii)who is not, or will not, be involved in the tobacco supply business carried on, or proposed to be carried on, under the licence; or

(f)a person who is prescribed as an associate of the primary person.

(2)In this section—

domestic partner, in relation to a person, means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married, but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

relative, in relation to a person, means any of the following—

(a)the spouse or domestic partner of the person;

(b)a parent, child, step child, adopted child, sibling or step sibling of the person;

(c)a parent, child, step child, adopted child, sibling or step sibling of the spouse or domestic partner of the person;

relevant financial interest, in relation to a tobacco supply business, means—

(a)a share in the capital of the business; or

(b)an entitlement to receive any income derived from the business; or

(c)an entitlement to receive a payment as a result of money advanced;

relevant position, in relation to a tobacco supply business, means the position (however described) of—

(a)director, partner, trustee, manager or other executive position; or

(b)secretary;

relevant power means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)to participate in a directorial, managerial or executive decision; or

(b)to elect or appoint a person as a director;

spouse of a person means a person to whom the person is married.

(3)For the purposes of the definition of domestic partner in subsection (2)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co‑tenants.

4Application of Act

(1)Nothing in this Act applies to anything done by radio or television broadcast.

(2)Nothing in this Act or the regulations applies to—

(a)the labelling of packages of tobacco if the tobacco is packed for sale outside Victoria and is not sold in Victoria; or

(b)anything which causes, permits, authorises or assists in the sale or promotion of the sale, purchase, use or consumption of a tobacco product if the sale, purchase, use or consumption occurs solely outside Victoria.

(3)Nothing in section 9 applies to anything done before 1 January 1989 under a contract or agreement entered into before 8 October 1987.

5Objects of Act

(1)The objects of this Act are—

(a)the active discouragement of the smoking of tobacco—

(i)by encouraging non-smokers, particularly young people, not to start smoking; and

(ii)by limiting exposure of children and young people to persuasion to smoke; and

(iii)by encouraging and assisting smokers to give up smoking; and

(b)the promotion of health and illness prevention; and

(c)in relation to the licensing scheme for tobacco retailers and wholesalers—

(i)the safeguarding of the suitability of licensed retailers and wholesalers of tobacco products; and

(ii)the promotion and enforcement of compliance with controls on the lawful sale and promotion of tobacco products; and

(iii)the upholding of the integrity of the licensing scheme by deterring unlawful conduct.

(2)In giving effect to the objects referred to in subsection (1)(a) and (b), the Minister shall cause steps to be taken to—

(a)plan and co-ordinate an integrated State-wide program to reduce the prevalence of smoking in Victoria; and

(b)encourage agreements to prohibit or limit the places and times at which people may smoke in enclosed public places or in the work environment; and

(c)ensure that tobacco usage by all age and sex groups in the population is monitored and reported upon regularly; and

(d)evaluate the effectiveness of anti-smoking programs and plan future activities and policies on tobacco usage.

PART 2—CONTROLS RELATING TO TOBACCO PRODUCTS AND VAPING GOODS

Division 1—No smoking areas

5AEnclosed workplaces: offence by smoker

(1)A person must not smoke in an enclosed workplace.

Penalty:5 penalty units.

(2)Subsection (1) does not apply to the following—

(a)residential premises, other than a part of residential premises being used for carrying on a business while one or more persons who do not reside at the premises are present in that part;

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(c)an outdoor drinking area;

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(e)a vehicle;

(f)a place of business occupied by the sole operator of the business that is not for the use of members of the public;

(g)a personal sleeping or living area of—

(i)premises providing accommodation to members of the public for a fee; or

(ii)a residential care facility;

(h)an area in a designated mental health service (within the meaning of the Mental Health and Wellbeing Act 2022) that is declared, or that is in a class of area that is declared, by the Secretary, by notice published in the Government Gazette, to be a smoking area;

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(j)a detention centre established for the purposes of the Migration Act 1958 of the Commonwealth.

(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(4)A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

5BEnclosed workplaces: offence by occupier

(1)If smoking occurs in an enclosed workplace, in contravention of section 5A, the occupier of the enclosed workplace is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.

(2)It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—

(a)the accused was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or

(b)the accused—

(i)requested the person contravening to stop smoking; and

(ii)informed the person that the person was committing an offence.

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5COutdoor drinking areas: offence by smoker

(1)A person must not smoke in an outdoor drinking area if—

(a)the area has a roof and walls in place; and

(b)the total actual area of the wall surfaces exceeds 75% of the total notional wall area.

Penalty:5 penalty units.

(1A)A person must not smoke in an outdoor drinking area if—

(a)any part of the outdoor drinking area is within 4 metres of an outdoor dining area, irrespective of whether or not the outdoor drinking area and the outdoor dining area are operated by the same occupier; and

(b)the outdoor drinking area and the outdoor dining area are not separated by a wall that is at least 2·1 metres high.

Penalty:5 penalty units.

(1B)It is a defence to a prosecution under subsection (1A) if the accused proves that the accused could not reasonably be expected to have been aware that the accused was contravening subsection (1A).

(2)If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (1A), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(3)A person who is contravening subsection (1) or (1A) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

(4)In this section—

total notional wall area means what would be the total area of the wall surfaces if the walls were—

(a)at the perimeter of the roofed area; and

(b)continuous; and

(c)of a uniform height equal to the lowest height of the roof.

5DOutdoor drinking areas: offence by occupier

(1)If smoking occurs in an outdoor drinking area, in contravention of section 5C(1), the occupier of the area is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.

(2)It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—

(a)the accused could not reasonably be expected to have been aware that the contravention was occurring; or

(b)the accused—

(i)requested the person contravening to stop smoking; and

(ii)informed the person that the person was committing an offence.

(3)If a person smokes in an outdoor drinking area in contravention of section 5C(1A), the occupier of the outdoor drinking area is guilty of an offence.

Penalty:In the case of a natural person, 10 penalty units.

In the case of a body corporate, 50 penalty units.

(4)It is a defence to the prosecution under subsection (3) if the occupier of the outdoor drinking area proves that the occupier of the outdoor drinking area—

(a)could not reasonably be expected to have been aware that the contravention of section 5C(1A) was occurring; or

(b)the contravention of section 5C(1A) occurred during a period of 3 months starting on the day that the outdoor dining area was first used as an outdoor dining area.

5EOutdoor drinking areas: no smoking signs

(1)The occupier of an outdoor drinking area in which smoking is prohibited by section 5C(1) or (1A) is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the outdoor drinking area or from within the outdoor drinking area.

5EAOutdoor dining areas: offence by smoker

(1)A person must not smoke in an outdoor dining area.

Penalty:5 penalty units.

(2)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.

(3)A person who is contravening subsection (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

5EBOutdoor dining areas: offence by occupier

(1)If smoking occurs in an outdoor dining area, in contravention of section 5EA, the occupier of the area is guilty of an offence and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate.

(2)It is a defence to a prosecution under subsection (1) if the accused proves that the accused did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that—

(a)the accused could not reasonably be expected to have been aware that the contravention was occurring; or

(b)the accused—

(i)requested the person contravening to stop smoking; and

(ii)informed the person that the person was committing an offence.

5ECOutdoor dining areas: no smoking signs

(1)The occupier of an outdoor dining area in which smoking is prohibited by section 5EA, is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the outdoor dining area or from within the outdoor dining area.

5FEnclosed restaurants and cafes: no smoking signs

(1)The occupier of an enclosed restaurant or cafe is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the enclosed restaurant or cafe or from within the enclosed restaurant or cafe.

5GRetail shopping centres: no smoking signs

(1)The occupier of a retail shopping centre is guilty of an offence if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The signs must be displayed in such prominent positions at entrances to any enclosed areas of the centre as would reasonably identify those areas of the centre as no smoking areas for persons entering them.

(3)The maximum penalty for an offence against subsection (1) is 10 penalty units in the case of a natural person and 50 penalty units in the case of a body corporate.

5HBingo areas and centres: no smoking signs

(1)The occupier of a bingo area or bingo centre is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the bingo area or bingo centre or from within the bingo area or bingo centre.

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5KCasinos: no smoking signs

(1)The occupier of an area of a casino is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the area or from within the area.

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5NApproved venues: no smoking signs

(1)The occupier of a gaming machine area or an enclosed gaming room is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the gaming machine area or enclosed gaming room or from within the area or room.

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5RLicensed liquor premises: no smoking signs

(1)The occupier of enclosed licensed liquor premises is guilty of an offence, and liable to a penalty not exceeding 10 penalty units, in the case of a natural person, or 50 penalty units, in the case of a body corporate, if, without reasonable excuse, acceptable no smoking signs are not displayed in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The signs must be displayed in a manner that ensures that a person is reasonably likely to see one or more of them either on entering the enclosed licensed liquor premises or from within those premises.

5RANo smoking at patrolled beaches

(1)A person must not smoke within an area (on public land or in the sea) that is—

(a)between red and yellow flags temporarily erected on behalf of Surf Life Saving Victoria or its affiliated surf life saving clubs marking the boundaries for safe swimming; or

(b)within a 50 metre radius of a red and yellow flag referred to in paragraph (a).

Penalty:5 penalty units.

(2)Subsection (1) does not apply in an area beyond—

(a)the landward edge of a beach's sanded area if the beach is adjacent to the coast or a bay; or

(b)the water's edge or the landward edge of a beach's sanded area if the beach is adjacent to a river.

(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

5RBNo smoking in outdoor area of education and care service premises or children's service premises or their vicinity

(1)A person must not smoke in an area that is not enclosed and is within—

(a)education and care service premises while they are being used to provide an education and care service; or

(b)children's service premises while they are being used to provide a children's service.

Penalty:5 penalty units.

(2)A person must not smoke at or within 4 metres of any part of a pedestrian access point to—

(a)education and care service premises while they are being used to provide an education and care service; or

(b)children's service premises while they are being used to provide a children's service.

Penalty:5 penalty units.

(3)Subsection (2) does not apply to a person—

(a)in a motor vehicle, unless the motor vehicle is stationary; or

(b)in an area that is separated from premises referred to in that subsection by a road; or

(c)at residential premises or on land at which residential premises are built or may lawfully be built; or

(d)in an outdoor drinking area; or

(e)who is not remaining at or near the pedestrian access point but is merely passing by the pedestrian access point.

(4)If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (2), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.

(5)A person who is contravening subsection (1) or (2) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

5RBA Vicinity of education and care service premises or children's service premises: no smoking signs

(1)The occupier of education and care service premises or children's service premises must display an acceptable no smoking sign in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The sign must be displayed in such a prominent position at a pedestrian access point to education and care service premises or children's service premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.

5RCNo smoking in outdoor area of public swimming pool complex

(1)A person must not smoke in an outdoor area of a swimming pool complex that is a public place.

Penalty:5 penalty units.

(2)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(3)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

(4)Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is within a swimming pool complex that is a public place.

(5)For the purposes of this section—

outdoor area, in relation to a swimming pool complex, means an area within the external perimeter of the complex that is not enclosed.

5RDNo smoking in outdoor area of school premises or vicinity of school premises

(1)A person must not smoke in an area that is within school premises and is not enclosed.

Penalty:5 penalty units.

(2)A person must not smoke at or within 4 metres of any part of a pedestrian access point to school premises.

Penalty:5 penalty units.

(3)Subsection (2) does not apply to a person—

(a)in a motor vehicle, unless the motor vehicle is stationary; or

(b)in an area that is separated from school premises by a road; or

(c)at residential premises or on land at which residential premises are built or may lawfully be built; or

(d)in an outdoor drinking area; or

(e)who is not remaining at or near the pedestrian access point but is merely passing by the pedestrian access point.

(4)If an inspector believes on reasonable grounds that a person is contravening subsection (1) or (2), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.

(5)A person who is contravening subsection (1) or (2) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

5RDA Vicinity of school premises: no smoking signs

(1)The occupier of school premises must display an acceptable no smoking sign in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The sign must be displayed in such a prominent position at a pedestrian access point to school premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.

5RENo smoking at or in vicinity of outdoor children's playground equipment

(1)A person must not smoke at or within 10 metres of children's playground equipment that is in an outdoor public place.

Penalty:5 penalty units.

(2)Subsection (1) does not apply to a person—

(a)in a motor vehicle, unless the motor vehicle is stationary; or

(b)in an area that is separated from the children's playground equipment by a road; or

(c)at residential premises or on land at which residential premises are built or may lawfully be built.

(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

(5)Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is within 10 metres of children's playground equipment.

5RFNo smoking in vicinity of children's indoor play centre

(1)A person must not smoke at or within 4 metres of any part of a pedestrian access point to a children's indoor play centre.

Penalty:5 penalty units.

(2)Subsection (1) does not apply to a person—

(a)in a motor vehicle, unless the motor vehicle is stationary; or

(b)in an area that is separated from the children's indoor play centre by a road; or

(c)at residential premises or on land at which residential premises are built or may lawfully be built; or

(d)in an outdoor drinking area; or

(e)who is not remaining at or near the pedestrian access point but is merely passing by the pedestrian access point.

(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.

(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

5RFA Vicinity of children's indoor play centre: no smoking signs

(1)The occupier of a children's indoor play centre must display an acceptable no smoking sign in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The sign must be displayed in such a prominent position at a pedestrian access point to the children's indoor play centre as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.

5RGNo smoking at or in vicinity of outdoor skate park

(1)A person must not smoke at or within 10 metres of a skate park that is in an outdoor public place.

Penalty:5 penalty units.

(2)Subsection (1) does not apply to a person—

(a)in a motor vehicle, unless the motor vehicle is stationary; or

(b)in an area that is separated from the skate park by a road; or

(c)at residential premises or on land at which residential premises are built or may lawfully be built.

(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

(5)Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is at or within 10 metres of the skate park.

(6)In this section—

skate park means an area specifically designed and equipped with structures for rollerblading, rollerskating or skateboarding or the use of BMX or non-motorised scooters.

5RHNo smoking in vicinity of Victorian public premises

(1)A person must not smoke at or within 4 metres of any part of a pedestrian access point to Victorian public premises.

Penalty:5 penalty units.

(2)Subsection (1) does not apply to a person—

(a)in a motor vehicle, unless the motor vehicle is stationary; or

(b)in an area that is separated from Victorian public premises by a road; or

(c)at residential premises or on land at which residential premises are built or may lawfully be built; or

(d)in an outdoor drinking area; or

(e)who is not remaining at or near the pedestrian access point but is merely passing by the pedestrian access point.

(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing the inspector's identity card, may direct the person to cease the contravention.

(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

5RHA Vicinity of Victorian public premises—no smoking signs

(1)The occupier of Victorian public premises must display an acceptable no smoking sign in accordance with subsection (2).

Note

Section 3 defines an acceptable no smoking sign.

(2)The sign must be displayed in such a prominent position at a pedestrian access point to the premises as would reasonably identify the area at or within 4 metres of any part of the pedestrian access point as a no smoking area.

5RINo smoking at or in vicinity of outdoor sporting venue

(1)A person must not smoke at or within 10 metres of a sporting venue that is an outdoor public place during—

(a)an organised underage sporting event; or

(b)a training or practice session to prepare for participation in an organised underage sporting event; or

(c)any break or interval during the course of the organised underage sporting event or training or practice session.

Penalty:5 penalty units.

(2)Subsection (1) does not apply to a person—

(a)in a motor vehicle, unless the motor vehicle is stationary; or

(b)in an area that is separated from the sporting venue by a road; or

(c)at residential premises or on land at which residential premises are built or may lawfully be built.

(3)If an inspector believes on reasonable grounds that a person is contravening subsection (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention.

(4)A person who is contravening subsection (1) must comply with a direction by an inspector to cease the contravention.

Penalty:5 penalty units.

(5)Despite anything to the contrary in this Part, subsection (1) applies to a person who is in an outdoor drinking area that is at or within 10 metres of the sporting venue.

(6)In this section—

organised underage sporting event means a sporting event that—

(a)is planned in advance; and

(b)is organised or intended for, or predominantly participated in by, persons under the age of 18 years; and

(c)is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and

(d)may be a one-off event or part of a series of events;

sporting event means a match, game, tournament or other event that involves the playing of, or participation in, sport;

sporting venue includes, but is not limited to—

(a)a playing field;

(b)a track;

(c)an arena;

(d)a court or rink;

(e)any permanently or temporarily erected public seating at the venue;

(f)any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of competitors or officials;

(g)any part of the venue used to conduct the actual organised underage sporting event.

5RJNo offence by minors at or in vicinity of certain places where smoking is prohibited

Despite anything to the contrary in this Division or the Sentencing Act 1991, a person under the age of 18 years does not commit an offence if he or she contravenes a provision of section 5RA, 5RB, 5RC, 5RD, 5RE, 5RF, 5RG, 5RH or 5RI.

Division 1A—Smoking in motor vehicles

5SOffence to smoke in motor vehicle if person under 18 is present

Despite anything to the contrary in this Act, a person must not smoke in a motor vehicle, whether or not the motor vehicle is in motion, if another person is present in the motor vehicle and the other person is under the age of 18 years.

Penalty:5 penalty units.

5TPower to require driver to stop

(1)A police officer may require a driver or person in charge of a motor vehicle on a highway to stop the motor vehicle if the police officer believes on reasonable grounds that a person in the vehicle has committed or is about to commit an offence against section 5S.

(2)Subject to subsection (3), a person must not fail to stop a motor vehicle when required to do so under subsection (1).

Penalty:10 penalty units.

(3)Subsection (2) is not contravened if—

(a)the person making the requirement to stop is not in uniform; and

(b)the driver or person in charge of the motor vehicle believed that that person was not a police officer.

5UEvidential burden regarding age

In proceedings for an offence against section 5S, evidence that a person present in the relevant motor vehicle appeared to be under the age of 18 years is, in the absence of evidence to the contrary, proof that the person was under the age of 18 years.

Division 2—Advertising and other controls

6Certain advertising prohibited

(1)A person must not for any direct or indirect pecuniary benefit—

(a)display or cause or permit to be displayed, or authorise the display of, a tobacco advertisement in a theatre; or

(b)sell, or cause or permit to be sold, any film or video tape that contains a tobacco advertisement; or

(c)distribute or cause or permit to be distributed, or authorise the distribution of, to the public any unsolicited leaflet, handbill or other document that is a tobacco advertisement.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(2)A person must not for any direct or indirect pecuniary benefit—

(a)place or display or cause or permit to be placed or displayed, or authorise the placing or display of, a tobacco advertisement that is visible from a public place; or

(b)place or display, or cause or permit to be placed or displayed, or authorise the placing or display of, a tobacco advertisement on the outside of any road, sea or air vehicle or vessel.

Penalty:60 penalty units.

(2AA)If there is a tobacco advertisement at a retail outlet (other than an on‑airport duty free shop), the person carrying on the tobacco retailing business at that retail outlet commits an offence and is liable to a penalty not exceeding 60 penalty units, in the case of a natural person, or 300 penalty units, in the case of a body corporate.

(2A)If there is a tobacco advertisement of a product line of a tobacco product at a point of sale at an on‑airport duty free shop or at a wholesale outlet that is not in accordance with section 6A, the person carrying on the tobacco retailing business or the tobacco wholesaling business at that outlet is guilty of an offence and liable to a penalty not exceeding 60 penalty units, in the case of a natural person, or 300 penalty units, in the case of a body corporate.

*                *                *                *                *

(2B)A person must not, in the course of carrying on a tobacco retailing business at an on‑airport duty free shop or a tobacco wholesaling business, display tobacco products at a retail outlet or wholesale outlet other than at a point of sale.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(2C)Subsection (2B) does not apply to—

(4)Subsection (3) does not apply to the giving of information—

(a)to a court or tribunal in the course of legal proceedings; or

(b)pursuant to an order of a court or tribunal; or

(c)with the written authority of the person to whom the information relates.

42BSupreme Court—limitation of jurisdiction

(1)It is the intention of section 42, as it has effect on and after the commencement of section 19 of the Tobacco (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975.

(2)It is the intention of section 42, as it has effect immediately after the commencement of each of the amendments made to this Act by the Tobacco (Further Amendment) Act 2001, to alter or vary section 85 of the Constitution Act 1975.

(3)It is the intention of section 42, as it has effect on and after the commencement of sections 8 and 9 of the Tobacco (Miscellaneous Amendments) Act 2002, to alter or vary section 85 of the Constitution Act 1975.

43Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)prescribing fees for licences; and

*                *                *                *                *

(b)prescribing conditions to which licences are subject including, without limitation, conditions—

(i)requiring the licensee to keep records and provide data to the regulator relating to sales of tobacco products under the licence; and

(ii)requiring the licensee and employees of the licensee to undertake training; and

(iii)relating to the sale of tobacco products under the licence; and

(ba)prescribing information required to be provided in applications for the grant, variation, transfer, relocation or renewal of licences; and

(bb)for the purposes of section 38, prescribing—

(i)infringement offences; and

(ii)infringement penalties for contravention of an infringement offence not exceeding 20 penalty units in the case of a natural person or 100 penalty units in the case of a body corporate; and

(c)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations—

(a)may be of general or limited application; and

(b)may differ according to differences in time, place or circumstance; and

(c)may apply, adopt or incorporate (with or without modification) any matter contained in an Act of the Commonwealth or in an instrument made under such an Act as in force from time to time.

(2A)Without limiting subsection (1) or (2), regulations with respect to fees—

(a)may provide for different fees for different categories of licence; and

(b)may provide for different fees for licences that have different conditions; and

(c)may provide for different fees depending on the geographical location of the licensed tobacco premises; and

(d)may provide for fees to be prorated; and

(e)may provide for the Regulator to waive or refund fees in whole or part.

(3)The regulations are subject to disallowance by a House of the Parliament.

*                *                *                *                *

PART 5—TRANSITIONAL

44Proceedings under section 6(2)

Despite the repeal of subsection (1) of section 37 by section 16 of the Tobacco (Amendment) Act 2000, that subsection, as in force immediately before the commencement of that section, continues to apply in respect of an offence committed before that commencement if a notice under that subsection in respect of that offence was given before that commencement.

45Section 15D

A reference in section 15D to an offence does not include a reference to an offence committed before the commencement of section 14 of the Tobacco (Amendment) Act 2000.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

46Section 3: definition of occupier

(1)The definition of occupier inserted in section 3 by section 8(2) of the Tobacco Amendment (Protection of Children) Act 2009 applies to—

(a)offences alleged to have been committed; and

(b)the exercise of powers under Part 3A—

on or after 1 January 2010.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates of which one is before and one is on or after 1 January 2010, the offence is alleged to have been committed before 1 January 2010.

47Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences

(1)Despite anything to the contrary in the Infringements Act 2006, on and from 1 January 2010, an offence against section 5S which is an infringement offence within the meaning of that Act—

(a)is taken to be, and to always have been, a lodgeable infringement offence within the meaning of that Act as if it had been prescribed as a lodgeable infringement offence by regulations made under that Act; and

(b)may be dealt with as a lodgeable infringement offence under that Act.

(2)Any lodgement under Part 4 of the Infringements Act 2006 and any enforcement action taken under that Act in respect of an infringement offence referred to in subsection (1) is taken to be, and to always have been, a valid and lawful lodgement or enforcement action under that Act, as the case requires, to the extent that the lodgement or enforcement action was taken on the basis that the infringement offence was a lodgeable infringement offence.

48Transitional provision—Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024

(1)Despite section 34ZC(4), a licence issued by the Regulator under section 34W(4) during the initial licensing period expires on 30 June 2027.

(2)Subsection (1) does not affect a power of the Regulator to—

(a)suspend or cancel a licence; or

(b)disqualify a person from holding a licence.

(3)In this section—

initial licensing period means the period commencing on the day on which section 34W comes into operation and ending on 30 June 2026.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 7 October 1987

Legislative Council: 30 October 1987

Long title

The long title for the Bill for this Act was "A Bill to provide for the regulation of the sale and promotion of tobacco products and for other purposes.".

The Tobacco Act 1987 was assented to on 24 November 1987 and came into operation as follows:

Sections 6(1)(3), 13, 15 on 1 April 1988: section 2(2); section 6(2) on 1 January 1989: section 2(4); section 14 on 1 July 1988: section 2(3); rest of Act on 24 November 1987: section 2(1).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Tobacco Act 1987 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Tobacco (Amendment) Act 1993, No. 83/1993

Assent Date:	3.11.93
Commencement Date:	Ss 1–3, 5, 6 on 3.11.93; s. 4 on 1.1.94: s. 2(2)
CurrentState:	All of Act in operation

Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993

Assent Date:	7.12.93
Commencement Date:	S. 20(12) on 7.12.93: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 4(Sch. 2 item 90) on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Equal Opportunity Act 1995, No. 42/1995

Assent Date:	14.6.95
Commencement Date:	S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 41 on 1.1.96: Government Gazette 21.12.95 p. 3571
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Gaming No. 2 Act 1997, No. 16/1997

Assent Date:	6.5.97
Commencement Date:	S. 120 on 31.3.98: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Business Franchise Fees (Safety Net) Act 1997, No. 94/1997

Assent Date:	16.12.97
Commencement Date:	S. 21 on 16.12.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Printers and Newspapers (Repeal) Act 1998, No. 56/1998

Assent Date:	13.10.98
Commencement Date:	S. 5(2) on 19.11.98: Government Gazette 19.11.98 p. 2792
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco (Amendment) Act 2000, No. 43/2000 (as amended by No. 28/2001)

Assent Date:	6.6.00
Commencement Date:	Ss 4–6, 7(2), 11, 12, 13(2), 14, 15, 16(1)(a)(c)(d)(2)(3), 17–22 on 1.11.00: s. 2(2); ss 7(1), 13(1)(3) on 1.7.01: s. 2(3); ss 8–10, 16(1)(b) on 1.1.02: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 76) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco (Further Amendment) Act 2001, No. 28/2001

Assent Date:	12.6.01
Commencement Date:	S. 16 on 13.6.01: s. 2(1); s. 8 on 1.7.01: s. 2(2); ss 7, 9, 10, 12, 15, 17(2) on 1.10.01: s. 2(3); ss 3(2), 4–6, 11 on 1.11.01: s. 2(4); ss 3(1), 13, 14, 17(1) on 1.1.02: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco (Miscellaneous Amendments) Act 2002, No. 31/2002

Assent Date:	12.6.02
Commencement Date:	Ss 4(3), 5, 12 on 13.6.02: s. 2(1); ss 4(1)(2), 6–11, 13, 14 on 1.9.02: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Gambling Regulation Act 2003, No. 114/2003

Assent Date:	16.12.03
Commencement Date:	S. 12.1.3(Sch. 6 item 13) on 1.7.04: Government Gazette 1.7.04 p. 1843
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 204) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco (Amendment) Act 2005, No. 45/2005

Assent Date:	16.8.05
Commencement Date:	Ss 3–20 on 1.3.06: s. 2(1); ss 21–25 on 1.7.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 47) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Owners Corporations Act 2006, No. 69/2006

Assent Date:	19.9.06
Commencement Date:	S. 224(Sch. 3 item 9) on 31.12.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 101) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:	2.9.08
Commencement Date:	S. 291 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco Amendment (Protection of Children) Act 2009, No. 49/2009

Assent Date:	18.8.09
Commencement Date:	Ss 7–51 on 1.1.10: s. 2(1); ss 4–6 on 1.1.11: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 120) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 73 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010

Assent Date:	24.8.10
Commencement Date:	S. 232 on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Justice Legislation Amendment (Infringement Offences) Act 2011, No. 27/2011

Assent Date:	21.6.11
Commencement Date:	S. 8 on 1.1.10: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011

Assent Date:	2.11.11
Commencement Date:	S. 104(Sch. item 6) on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco Amendment (Smoking at Patrolled Beaches) Act 2012, No. 71/2012

Assent Date:	20.11.12
Commencement Date:	Ss 3, 4 on 1.12.12: s. 2
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco Amendment (Shopper Loyalty Schemes) Act 2012, No. 86/2012

Assent Date:	18.12.12
Commencement Date:	S. 3 on 1.3.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco Amendment Act 2013, No. 66/2013

Assent Date:	6.11.13
Commencement Date:	Ss 4–12 on 1.4.14: Special Gazette (No. 81) 18.3.14 p. 1
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 30) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 169) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Corrections Amendment (Smoke-Free Prisons) Act 2014, No. 45/2014

Assent Date:	1.7.14
Commencement Date:	Ss 6, 7 on 1.7.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco Amendment Act 2014, No. 65/2014

Assent Date:	9.9.14
Commencement Date:	Ss 4–14 on 13.4.15: Special Gazette (No. 66) 31.3.15 p. 1
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco Amendment Act 2016, No. 55/2016[1]

Assent Date:	18.10.16
Commencement Date:	Ss 4–11 on 1.8.17: s. 2
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 125) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Health Legislation Amendment and Repeal Act 2019, No. 34/2019

Assent Date:	22.10.19
Commencement Date:	Ss 65−67 on 23.10.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Children's Services Amendment Act 2019, No. 37/2019

Assent Date:	6.11.19
Commencement Date:	S. 22 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 102) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)

Assent Date:	21.9.21
Commencement Date:	S. 399 on 1.7.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	Ss 57–60 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Casino and Liquor Legislation Amendment Act 2022, No. 26/2022

Assent Date:	28.6.22
Commencement Date:	S. 62 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 873 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Casino Legislation Amendment (Royal Commission Implementation and Other Matters) Act 2022, No. 42/2022

Assent Date:	27.9.22
Commencement Date:	S. 67 on 28.9.22: s. 2(1); ss 63–66 on 1.8.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024[2]

Assent Date:	3.12.24
Commencement Date:	Ss 4–31, 46–69 on 1.7.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 31) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Tobacco Act 1987

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3   Explanatory details

[1] Table of Amendments: The proposed amendment to section 36L(2)(a) by section 9(22)(b) of the Tobacco Amendment Act 2016, No. 55/2016 (repealed) is not included in this publication, as the amended text does not exist due to an earlier editorial amendment.

[2] Table of Amendments (Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024): The amendment proposed by section 64(3) of the Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024 is not included in this publication as there is no subsection (3) in section 15M of this Act.

Section 64(3) reads as follows:

64Section 15M amended

(3)In section 15M(3) of the Principal Act omit "or (1A)".