Retail sale of e-cigarettes (vapes)
Under the Drugs, Poisons and Controlled Substances Act 1981 (DPCS Act), the retail sale of e-cigarette products containing nicotine is prohibited in Victoria, unless supplied by a pharmacy with a medical prescription.
The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (the Act) commenced on 1 July 2024. This legislation regulates the importation, domestic manufacture, supply, commercial possession and advertisement of all vapes.
This means that vapes can only be supplied through a pharmacy with a prescription. It is illegal for Australian retailers such as tobacconists, vape shops and convenience stores to supply any vapes, regardless of nicotine content, even with a prescription.
As of 1 July 2024:
- non-pharmacy retailers are not permitted to sell any vapes, including existing stock
- pharmacies may only sell vapes that comply with the updated product standards.
If you suspect or have information about a tobacco or e-cigarette retailer (that is not a pharmacy) selling e-cigarette products, this should be referred to the Therapeutic Goods .
Sale of tobacco or e-cigarette products to people under 18 years of age
Under the Tobacco Act 1987, tobacco and e-cigarette products, regardless of nicotine content cannot be sold to people under 18 years of age.
Local councils employ authorised officers who are responsible for educating businesses about their responsibilities under the Tobacco Act 1987 and can enforce breaches where required. If you suspect or have information about a non-pharmacy retailer selling tobacco or e-cigarette products to people under 18 years of age, this should be reported to the relevant local .
Display, signage, and advertising breaches by tobacco and e-cigarette retailers
Local councils employ authorised officers who are responsible for educating businesses about their responsibilities under the Tobacco Act 1987 and can enforce breaches where required. If after reviewing the tobacco retailer guide and e-cigarette supplement guide, you are concerned that a retailer is in breach of the Tobacco Act 1987, this should be reported to the relevant local .
Shisha tobacco
Under the Tobacco Act 1987, the sale, advertising and use of shisha products that contain any amount of tobacco is treated the same as other tobacco products, such as cigarettes and cigars. This means that shisha tobacco products cannot be used in places where smoking and vaping is banned.
However, fruit or herbal-based products that do not contain tobacco are not currently subject to the Tobacco Act.
If you suspect that a business is allowing the use of shisha tobacco products indoors, this should be reported to the relevant local .
Smoking and vaping in smoke-free and vape-free areas
Under Victoria's Tobacco Act 1987, smoking and the use of e-cigarettes (vaping) is prohibited in all enclosed workplaces and certain public spaces where members of the public gather. For a list of these areas visit the smoke-free and vape-free areas page.
If you have concerns about people smoking and vaping in these areas, this should be reported to the relevant local .
Smoking and vaping on trains, trams, buses, in bus shelters, tram shelters and at raised platform-tram stops
Smoking and e-cigarette use (vaping) is prohibited on public transport and in all areas of train stations, raised-platform tram stops and bus shelters across Victoria’s public transport network.
These smoke-free laws are the responsibility of Public Transport Victoria (PTV), including the installation of signage. Any non-compliance should be reported to PTV via the Feedback and page.
Sale of illicit tobacco
The Illicit Tobacco Taskforce (ITTF) is led by the Australian Border Force with the aim of protecting revenue by proactively targeting, disrupting, and dismantling serious actors and organised crime syndicates that deal in illicit tobacco.
If you suspect or have information about the sale of illicit tobacco, a report can be made directly to the ITTF using this online . There is also an option in this form to provide the details anonymously.
Any non-compliance with the Commonwealth laws around tobacco plain packaging can be reported to ppcomplaints@health.gov.au or via phone on 1800 062 971.
Online advertising of tobacco products
Internet or online advertising of tobacco products is regulated through the Tobacco Advertising Prohibition Act (TAP Act) which is the responsibility of the Australian Department of Health.
If you have concerns around online advertising, you can contact the Australian Department of Health, at tobaccoadvertising@health.gov.au or by calling 1800 062 971.
Reviewed 05 July 2024