Key messages
- Smoking and the use of e-cigarettes (vaping) is banned within 10 metres of all playground equipment in outdoor public places.
- This ban aims to protect children and young people from second-hand smoke and the aerosol from e-cigarettes, and from seeing adults smoking and vaping.
By law, smoking and vaping is banned within 10 metres (about 2 car lengths) of all children’s playground equipment in outdoor public places in Victoria.
Children’s playground equipment may include an individual piece of equipment or clusters of equipment, such as climbing frames, swings and slides.
The ban also applies to outdoor drinking areas located within 10 metres of outdoor children’s playground equipment.
The following diagram shows an example of where the smoking and vaping ban applies:
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The smoking and vaping ban has two principal aims:
To protect children and young people from the dangers of second-hand smoke and the aerosol from e-cigarettes. Outdoor playground equipment attracts families with children and young people. This ban creates a smoke-free environment where children can enjoy themselves without being exposed to harmful second-hand smoke. Second-hand tobacco smoke is particularly dangerous for children and young people because they have smaller airways and less developed immune systems than adults.
To reduce the role modelling of smoking and vaping behaviours around children and young people, who are more likely to view smoking and vaping as socially acceptable when they regularly see people smoking and vaping. Banning smoking and vaping in areas used by children and young people will help to ‘de-normalise’ smoking and vaping behaviour and discourage them from taking up smoking and vaping.
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The smoking and vaping ban around playground equipment does not apply to a person:
- at a residential premises (in privately owned homes or land)
- in a motor vehicle that is being driven past the children’s playground
- in an area that is separated from the children’s playground by a road.
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There is strong community support for banning smoking and vaping in public places regularly frequented by children. This means that most people voluntarily comply with the smoking and vaping ban and expect others to do so.
Inspectors authorised under the Tobacco Act 1987 may also provide information about, and when necessary enforce, the ban and issue a fine. The first goal of the inspectors is to make sure that smokers and e-cigarette users understand the ban.
Inspectors may not be available to respond to every complaint but, where circumstances allow, may attend in response.
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The maximum penalty for someone breaking this law is five penalty units, with an infringement penalty of one penalty unit. The value of penalty units is indexed annually. The current value of a penalty unit is listed on the Department of Treasury and Finance Indexation of fees and penalty page.
Reviewed 14 February 2024