Tobacco reform legislation and regulations

Since the Victorian Parliament passed the Tobacco Act 1987 there have been several reforms to the Act and its supporting regulations.

Legislative reforms

The reforms include:

• a smoking and vaping ban in a motor vehicle if a person under the age of 18 years is present
• a ban on the sale of tobacco and e-cigarette products from temporary outlets
• a power for the Minister for Health to ban the sale of certain tobacco products and packaging that appeal to young people
• a ban on the display of tobacco and e-cigarette products at point-of-sale with an exemption for certified ‘specialist tobacconists’ and ‘specialist e-cigarette premises’
• power for the Secretary of the Department of Health to request the names and addresses of persons supplied with tobacco in an electronic format
• increases to the maximum infringement penalties for a number of offences, and specific provisions for higher ‘body corporate’ offences
• a ban on the inclusion of tobacco and e-cigarette product purchases in any rewards or shopper loyalty schemes that provide benefits to customers
• a smoking and vaping ban at patrolled beaches
• smoking and vaping bans at outdoor public children’s playground equipment, skate parks and sporting venues during organised under-age sporting events, as well as outdoor areas within public swimming pool complexes
• smoking and vaping bans within the grounds of, and within four metres of entrances to, childcare centres, kindergartens, preschools and primary and secondary schools
• a smoking and vaping ban within four metres of the entrances to children’s indoor play centres
• a smoking and vaping ban within four metres of the entrances to public hospitals and registered community health centres
• a smoking and vaping ban within four metres of entrances to certain Victorian Government buildings
• a smoking and vaping ban in outdoor dining areas
• the regulation of e-cigarette products in the same manner as tobacco products
• the regulation of shisha tobacco in the same manner as other tobacco products
• strengthening price board restrictions in retail outlets
• expanding the definition of a tobacco and e-cigarette advertisement to clarify that indirect forms of advertising by tobacco and e-cigarette manufacturers is prohibited.

The Tobacco Act 1987 and the Tobacco Regulations 2017 are available on the Victorian legislation website. Factsheets on recent amendments to the Tobacco Act are also available on the Resources and factsheets page.

Penalty units

The value of a penalty unit is indexed every financial year by the Victorian Treasurer. To view the current penalty unit value, visit the Department of Treasury and Finance Indexation of fees and penalties page.

Why tobacco and e-cigarette laws are needed

Legislation regulating the sale and advertising of tobacco and e-cigarette products, and prohibiting smoking and vaping in certain areas, has continued to contribute to the decline of smoking rates in Victoria and to a growing awareness of the harm associated with smoking, vaping, second-hand smoke and the aerosol from e-cigarettes. These laws have strong community support and contribute to reducing smoking rates and tobacco-related harm.

Smoking prevalence in Victoria

Smoking rates in Victoria have declined over time demonstrating the success of the state's robust anti-smoking laws and policies to reduce the widespread harm caused by tobacco.

The Australian Institute of Health and Welfare's 2019 National Drug Strategy Household Survey (NDSHS) found that the percentage of Victorians who are daily smokers almost halved between 2001 and 2019 (from 19.2 per cent to 10.2 per cent).

Health harms of smoking and using e-cigarettes (vaping)

Smoking continues to be the most significant contributor to the burden of disease, including higher rates of cancer, stroke, cardiovascular disease, and kidney disease.

For further information about the effects of smoking on the body, visit the Better Health Channel Smoking effects on your body page.

The National Health and Medical Research Council (NHMRC) Statement on Electronic Cigarettes summarises that:

• E-cigarettes may expose users to chemicals and toxins that are harmful to health.
• Health authorities should act to minimise harm to users and bystanders until evidence of safety, quality and efficacy can be produced.

Whether or not containing nicotine, e-cigarettes contain a complex mix of chemicals including, but not limited to, nickel, tin, benzene, arsenic, chlorine and lead.

Health harms associated with e-cigarette use include nicotine addiction, nicotine poisoning, throat irritation, breathlessness, coughing, dizziness, headaches, nausea and lung damage.

E-cigarettes are also not often labelled correctly, meaning that they can contain nicotine even if it isn't listed.

Further information about the health harms from e-cigarette use can be found on the Better Health Channel E-cigarettes and vaping page.

Second-hand tobacco smoke

Passive smoking means breathing in other people’s tobacco smoke. The smoke drifting from a lit cigarette plus the smoke breathed out by a smoker is called second-hand smoke or environmental tobacco smoke.

Second-hand smoke is a serious health risk for both those who smoke and those who do not. Children are particularly at risk of serious health effects from second-hand smoke.

For more information about passive smoking and the health risks, visit the Better Health Channel Passive smoking page.

Businesses, governments, and the community

According to a report prepared for Quit Victoria by Creating Preferred Futures, An analysis of the social costs of smoking in Victoria 2015-16, the annual cost of smoking to the Victorian economy was estimated at $3.7 billion in tangible costs and an additional $5.8 billion in intangible costs associated with the loss of life. For more information visit Quit Victoria.

Legislative reforms and anti-smoking initiatives continue to contribute to the decline of smoking rates in Victoria, and to a growing awareness of the harm associated with smoking, vaping, second-hand smoke and the aerosol from e-cigarettes. Tobacco reforms have strong community support and contribute to reducing smoking rates and tobacco-related harm.