Key messages
- Smoking and the use of e-cigarettes (vaping) is banned in all outdoor areas situated within the perimeter of a public swimming pool complex.
- The ban aims to protect children and young people from second-hand smoke, the aerosol from e-cigarettes, and from the negative influences associated with smoking and vaping.
By law, smoking and vaping is banned within the outdoor areas of all public swimming pool complexes in Victoria.
The ban applies to all outdoor areas that are situated within the perimeter of a swimming pool complex, including outdoor drinking areas.
The following diagram shows an example of where the ban applies.
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Public swimming pools attract a wide variety of patrons, including many families with young children.
This ban creates a smoke-free and vape-free environment where children and young people can enjoy themselves without being exposed to harmful second-hand tobacco smoke and the aerosol from e-cigarettes. Second-hand smoke exposure is particularly dangerous for children because they have smaller airways and less developed immune systems than adults.
Children and young people are impressionable and are more likely to view smoking and vaping as socially acceptable when they regularly see people smoking and vaping in different settings. Banning smoking and vaping in areas frequented by children and young people will help to ‘de-normalise’ the behaviour and discourage them from taking up smoking and vaping.
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Most people will voluntarily comply with the smoking and vaping ban and expect others to do so.
Inspectors authorised under the Tobacco Act 1987 may 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-cigarettes users understand the ban.
Inspectors may not be available to respond to every complaint but, where circumstances allow, may attend in response.
Swimming pool staff, managers and operators will not be expected to enforce the ban and are not empowered to do so.
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If a swimming pool complex has its own smoking ban in place, the statewide ban will act as a minimum standard, with any further requirements put in place by the swimming pool complex applying in addition to the legislative ban.
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Signage: Public swimming pool operators and local councils may choose to install ‘No smoking’ or ‘No smoking or vaping’ signs in outdoor areas of their complexes. ‘No smoking’ signs are available to order free of charge through the online order form on the Resources and factsheets page, and electronic ‘No smoking or vaping’ signs can also be downloaded from this page.
Promotional materials: Public swimming pool operators can order posters, brochures and palm cards through the online order form on the Resources and factsheets page, and electronic versions can also be downloaded from this page.
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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 current value of a penalty unit is listed on the Department of Treasury and Finance, Indexation of fees and penalty page.
Reviewed 19 February 2024