Key messages
- Smoking and the use of e-cigarettes (vaping) is banned at all under-age music or dance events in Victoria.
- The ban also covers the sale, display, and promotion of tobacco and e-cigarette products.
- The organiser or manager of the venue must display acceptable ‘No smoking’ signs.
- Event organisers must ensure that cigarette vending machines and tobacco advertisements are removed or completely covered during under-age events.
By law, smoking and vaping is prohibited at all public music or dance events that are organised for or predominantly attended by young people under the age of 18 years.
Under amendments to the Tobacco Act 1987, the following are prohibited at under-age music or dance events:
- smoking
- vaping
- the display and promotion of tobacco products
- the sale of tobacco products.
Under the law, the organiser or manager of the venue where the event is held will be liable if smoking occurs, unless certain circumstances apply.
‘No smoking’ signage and resources
The organiser or manager of the venue must display acceptable ‘No smoking’ signs.
'No smoking' signs are available to order free of charge through the online order form on the Resources and factsheets page. Electronic versions of ‘No smoking or vaping’ signs can also be downloaded from this page.
The Tobacco Act 1987 currently only requires ‘No Smoking’ signage, so the use of ‘No smoking or vaping’ signage is voluntary.
A guide on smoke-free under-age events can be ordered without charge from the Resources and factsheets page.
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An ‘under-age music or dance event’ is an event that:
- involves the provision of music (whether live or recorded and whether for listening to or dancing to or both)
- is predominantly organised or intended for, or predominantly attended by, persons under the age of 18 years
- is open to members of the public (with or without payment)
- takes place in any area or premises other than a private residence.
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All events that fit the criteria above are required to be smoke-free and vape-free. Examples of such events include:
- FReeZA events
- Blue Light discos
- under-age music or dance events held at licensed premises
- music or dance events run by schools.
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Outdoor areas of under-age music or dance events are required to be smoke-free and vape-free.
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Parties held at private residences are not affected by these laws.
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Yes, if the event is predominantly organised or intended for, or predominantly attended by, persons under the age of 18 years.
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Everyone at the event is prohibited from smoking and vaping, including young people, adults, event organisers, band members, entertainment providers, staff and volunteers.
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Yes, the smoking and vaping ban at under-age music or dance events applies to events held in licensed premises.
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No. Event organisers must ensure that cigarette vending machines, tobacco and e-cigarette advertisements and displays are removed or completely covered in an opaque material while an under-age music or dance event is taking place.
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Breach of tobacco laws Infringement notice Maximum penalties in
Magistrates' CourtNatural person Body corporate Natural person Body corporate Individual who smokes or vapes at an event (does not apply to those aged under 18 years). 1 PU - 5 PU - Person in charge of an event at the time smoking or vaping occurs. 2 PU - 10 PU 50 PU Person in charge of an event who does not display acceptable ‘No smoking’ signage. 2 PU 5 PU 10 PU 50 PU Note: PU = penalty unit/s
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The value of a penalty unit is indexed annually. The current value of a penalty unit is listed on the Legislation and regulations page.
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Yes. The person in charge of the event at the time the smoking or vaping occurs will not be guilty of an offence if they can prove that they did not provide an ashtray, matches, lighter or any other thing designed to facilitate smoking or vaping, and that:
- they were not aware, and could not reasonably be expected to have been aware, that smoking, or vaping was occurring; or
- they asked the person to stop smoking or vaping and informed the person that they were committing an offence.
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Breach of tobacco laws Infringement notice Maximum penalties in
Magistrates' CourtNatural person Body corporate Natural person Body corporate Person who sells a tobacco or e-cigarette product at an under-age music or dance event 3 PU 30 PU 60 PU 300 PU Person in charge of an under-age music or dance event who does not cover or remove a tobacco vending machine, tobacco or e-cigarette advertising, or tobacco or e-cigarette display 3 PU 30 PU 60 PU 300 PU Note: PU = penalty unit/s
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No, smoking and vaping is not permitted indoors or outdoors at an under-age music or dance event. This ban applies to both young people and adults who are present.
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No, they will not be guilty of an offence. The person in charge of the event at the time will be required to request that the young person stops smoking or vaping.
Reviewed 14 February 2024