Tobacco and E-Cigarette Control
Smoking and vaping harm health by exposing people to addictive and toxic chemicals that can cause cancer, heart disease and lung disease. Second-hand smoke and e-cigarette aerosol can also impact the health of people nearby.
As a result, State and Federal laws aim to reduce smoking and vaping rates, discourage uptake, and minimise exposure to second-hand smoke and e-cigarette aerosols.
Government regulatory roles and responsibilities are summarised below.
Tobacco Licensing Victoria
- Tobacco retailer licenses
- Sale of illegal tobacco
Council
- Tobacco sales to minors and test purchasing program
- Tobacco retailer displays, signage and advertising
- Smoke and vape-free outdoor dining areas
- Other smoke and vape-free areas
Therapeutic Goods Administration
Tobacco retailer licenses
From 1 February 2026, all retailers in Victoria must hold a licence to sell tobacco.
Tobacco Licensing Victoria (TLV) is responsible for licensing businesses that supply tobacco products and investigating complaints about unlicensed retailers.
The aim of the licensing scheme is to:
- Deter unsuitable people from selling tobacco and running tobacco businesses.
- Support Victoria Police and other law enforcement groups to fight serious organised crime and disrupt the supply of legal tobacco.
- Help to address the health risks associated with tobacco.
Significant financial and imprisonment penalties may apply for selling tobacco without a licence.
For further information, click on the following TLV links to:
Sale of illegal tobacco
Tobacco Licensing Victoria (TLV) investigate the sale of illegal tobacco.
Tobacco is considered illegal if:
- Imported or homegrown for which required customs duties or excise taxes have not been paid.
- Grown or manufactured in Australia without a license.
- Products sold without plain packaging or required health warnings.
- Products sold by unlicensed retailers.
Visit the TLV website to:
Tobacco sales to minors and test purchasing program
The sale of tobacco products to a person under 18 years of age is illegal, this includes any sales via vending machines.
With the assistance of a minor (person aged under 18 years), Council conducts tobacco retailer test purchasing on multiple occasions throughout the year to determine compliance.
If a sale occurs, the person selling tobacco and potentially their employer are responsible, and may face significant financial penalties (on the spot fines or prosecution).
To ensure compliance:
- Anyone who looks under 25 years should be asked for identification; and
- Employers should ensure that staff complete 'tobacco sales to minors' training every six months. Once training has been completed, a 'training acknowledgement form' should be signed by employees.
For further information, refer to the Tobacco sales to minors and staff training factsheet.
To make a complaint to Council about the sale of tobacco to a minor:
Tobacco retailer displays, signage and advertising
Council officers conduct regular compliance inspections of tobacco retailers to ensure that:
- Cigarettes and tobacco products are not on display;
- Mandatory health warning and other signage is in place;
- Price boards are compliant with display and health warning requirements;
- Tobacco products are not being advertised; and
- Cigarettes are not being sold in packets of less than 20.
Click on the following links to:
To make a complaint to Council about any of the tobacco retailer items listed above:
Smoke-free and vape-free outdoor dining areas
Under the Tobacco Act 1987, smoking and vaping is banned:
- In outdoor eating areas at hospitality and food venues;
- In outdoor areas at food fairs; and
- Within 10 metres of a food stall or food vendor at an organised event.
Venues must display 'no smoking' signs to indicate smoke-free and vape-free areas. To access free signage click on the Department of Health Tobacco control resources online order form.
Council officers do regular inspections to monitor compliance.
For further information visit the Department of Health Outdoor dining: smoke-free and vape-free webpage.
To make a complaint to Council about non-compliance with the smoke-free and vape-free outdoor dining laws:
Other smoke-free and vape-free locations
In addition to outdoor dining areas, Council officers conduct inspections to verify that the following locations are compliant with smoke-free and vape-free laws under the Tobacco Act 1987 and Council's Community Amenity Local Law 2021:
- Within 4 metres of entrances to:
- Children's indoor play centres
- Public hospitals and registered community health centres
- Certain Victorian Government buildings
- Childcare centres, kindergartens, preschools and primary and secondary schools
- Any Council buildings
- Within 10 metres of playgrounds, skate parks and sporting grounds
- All outdoor areas situated within the perimeter of a public swimming pool
- On the sand of any beach within the Surf Coast Shire
- Within the signposted boundary of a Council-run or funded event
In addition, Council officers follow up any complaints where smoking or vaping is occurring in enclosed workplaces.
For further information visit the Department of Health Smoke-free and vape-free areas webpage.
To make a complaint to Council about non-compliance with smoke-free and vape-free laws:
Sale of illegal vapes
In Australia, the sale of non-therapeutic and disposable e-cigarettes or vapes, is illegal under the Therapeutic Goods Act 1989.
Vapes may only be purchased legally from a pharmacy, if they are:
- Therapeutic in nature and used as a quitting smoking aid; and/or
- For the management of nicotine dependence.
Therapeutic vapes containing 20mg/mL or less of nicotine can be purchased by a person aged 18 years or over without a prescription. Any vapes that contain more than 20mg/mL of nicotine, and/or for a person under the age of 18 years requires a prescription from a medical practitioner.
Contact the Therapeutic Goods Administration:
Quit smoking or vaping
Whether it’s cigarettes or vapes, both carry serious health risks. Quitting is one of the best choices you can make. The health benefits start straight away and keep getting better.
For support to quit smoking or vaping, visit the Quit website or call the Quitline on 137848.