Key messages
- Smoking and the use of e-cigarettes (vaping) is prohibited within four metres of the entrances to certain Victorian Government buildings.
- The ban includes the entrances to Parliament, the Victorian courts and buildings occupied by Victorian Government departments, administrative offices and special bodies.
- Occupiers are required to display an acceptable 'No smoking' sign at an entrance.
By law, smoking and vaping is banned within four metres of the entrances to certain Victorian Government buildings.
This law covers buildings occupied either wholly or in part by:
- Parliament (but not electorate offices)
- Victorian courts, including the Supreme Court, County Court, magistrate's court, Children’s Court and Coroners Court
- public service bodies, including all Victorian Government departments and administrative offices, and the Victorian Public Sector Commission
- special bodies, including all police stations.
The following diagram shows an example of where the smoking and vaping ban outside Victorian Government buildings applies.
'No smoking' signage and resources
Occupiers are required to display an acceptable 'No smoking' sign at an entrance.
'No smoking' signs are available to order free of charge through the online order form on the Resources and factsheets page. Electronic copies of ‘No smoking or vaping' signs can also be found on this page.
The Tobacco Act 1987 currently only requires ‘No Smoking’ signage, so the use of ‘No smoking or vaping’ signage is voluntary.
Factsheets and other materials can be ordered free of charge via the Resources and factsheets page. Electronic copies can also be found on this page.
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For a current list of the Victorian Government Departments, visit the Victorian Public Sector Commission, page.
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For a current list of the administrative offices within the meaning of the Public Administration Act 2004, visit the Victorian Public Sector Commission, Administrative page.
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For a current list of the administrative offices within the meaning of the Public Administration Act 2004, visit the Victorian Public Sector Commission, Special page.
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The purpose of the ban is to:
- protect the community from exposure to second-hand tobacco smoke and the aerosol from e-cigarettes
- further 'de-normalise' smoking and vaping in the community - the more people see smoking and vaping in public places, the more they will tend to think that it is okay, rather than harmful
- support people who have quit or are trying to quit smoking and vaping.
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A pedestrian access point refers to a door or gate by which a person can enter or exit the premises. It does not include emergency exits that are locked to entry, but does include shared doors or gates.
For example, where a building is occupied by a Victorian Government department as well as other organisations, such as private businesses, any shared entrances that are used to access both areas of the building would be subject to the smoking ban.
Any entrances that lead only to premises not included in the smoking and vaping ban, such as private offices, would not be subject to the ban.
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The ban does not apply:
- to entrances of Commonwealth Government buildings, such as Centrelink or Medicare offices
- to entrances of local government buildings, such as municipal libraries
- to an emergency exit that is locked to entry
- to a person walking through the smoke-free area
- to a person in a motor vehicle who is driving or being driven through the smoke-free area
- to a person in an area that is separated from the smoke-free area by a road
- to a person in an outdoor drinking area located within the smoke-free area
- to a person at a residential premises (in privately owned homes or land).
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Occupiers will not be expected to enforce the ban and are not empowered to do so.
Compliance with the ban is expected to occur through community expectations.
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Under the Tobacco Act 1987 an occupier in relation to an area or premises means:
- 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
- a body corporate that is or appears to be in control of the area or premises.
Resources
Sign - No smoking or vaping on this premises and within 4 metres of entrance
Poster - Smoke-free building entrance. Please don't smoke here
Ban on smoking and vaping at certain Victorian Government buildings - factsheet for visitors
Ban on smoking and vaping at certain Victorian Government buildings - factsheet for occupiers
Reviewed 19 February 2024