Tobacco Act

A range of tobacco reforms have been implemented over the past four years, with the aim of significantly reducing the harm caused by smoking.

Smoke-free dining

All enclosed areas of restaurants, cafes and dining areas in hotels and clubs are required to be smoke-free. Outdoor dining areas must also be smoke free if the area has a roof and the total actual area of wall surfaces exceeds 75% of the total notional wall area.

Outdoor dining or drinking areas include the following places if predominantly used for the consumption of food and/or drinks:

  • A balcony or veranda
  • A courtyard
  • A rooftop
  • A marquee
  • A street or footpath, and
  • Any similar outdoor area.

 This applies to any outdoor dining or drinking area, such as those attached to restaurants, cafes, licensed premises and other workplaces.

This information is sourced from 

Smoke-free workplaces

Enclosed workplaces must be smoke-free. Everyone that works at or visits a workplace must abide by the smoking ban. Some workplaces are exempt from this law.

Tobacco retailers

There are limits to the size and number of tobacco displays in retail outlets. Tobacco advertising is prohibited, including unbranded tobacco advertising and "buzz marketing". Tobacco retailers are also required to display a health warning or quit smoking sign and a "No tobacco sales to minors" sign.

Sales to minors

It is an offence under the Tobacco Act (1987) to sell cigarettes to persons aged under 18 years of age. Tobacco retailers must display a "No tobacco sales to minors" sign and if unsure of a person's age, are required to verify the person's age by sighting proof of identification.

Licensed premises

All enclosed licensed premises (such as pubs and nightclubs) must be smoke-free. Acceptable no smoking signs must be displayed in a manner that ensures a person is reasonably likely to see one or more of them upon entering the premises.

Train platforms, tram shelters and bus shelters

Smoking is prohibited in all covered areas of train platforms, tram shelters and bus shelters. This prohibition applies regardless of weather conditions. Complaints regarding smoking in these areas should be directed to Metlink on 131 638.

For further information on tobacco legislation, contact Council's Environmental Health Department on 8290 1333.

Cigarette butt litter

Victorian Litter Action Alliance (VLAA) was established in April 2000 to address the problem of litter.

VLAA have a wide range of strategies to address cigarette butt litter.

To view the range of evidence based ideas, visit Victoria Litter Action Alliance's website

Making a complaint

If you notice something that you consider to be an infringement of Tobacco laws, contact Council's Service Centre on 03 8290 1333 to lodge a formal and confidential complaint.

Provide the following information about the alleged infringement:

  • What has occurred - why you believe the matter should be reported.
  • Where it occurred - address/premises.
  • When it occurred - date/time.
  • Contact details - if you wish to be informed about the progress of the complaint.

Council's Environmental Health Officers are authorised to investigate Tobacco Act complaints (non-conformances), and based on the information provided, may be able to investigate the matter.

Contact phone numbers

Tobacco Information Line 1300 136 775

Quit Line 137848