Cigarettes and smoke-free areas
Under Victoria's Tobacco Act 1987, smoking is prohibited in all areas listed below.
In addition to this, under Council's Community Local Law 2023 (Clause 40. Smoke Free Areas), a person must not smoke (including the use of e-cigarettes and vaping devices) in an area designated by Council to be a smoke-free area.
- Enclosed workplaces
- Outdoor dining areas
- Outdoor drinking areas if any part of that area is within 4 metres of an outdoor dining area, unless separated by a wall of at least 2.1 metres high
- Train stations, tram-stop platforms, tram and bus shelters, and on trains, trams and buses
- Within the grounds of, and within 4 metres of entrances to, childcare centres, indoor play centres, kindergartens, preschools, and primary and secondary schools
- All under-age music or dance events
- Within 4 metres of the entrances to public hospitals and registered community health centres, and certain Victorian Government buildings
- At and within 10 metres of outdoor recreational areas, including playground equipment, skate parks and sporting venues during under-age sporting events
- In all outdoor areas within public swimming pool facilities
- Between the lifesaving flags, and within a 50-metre radius of each flag, at all patrolled beaches.
Council plays an important role in enforcing the use and sale of cigarettes and tobacco products by:
- controlling the sale of cigarettes to minors by running a test purchase program ensuring tobacco retailers do not sell cigarettes to people under 18 years of age.
- controlling the display and advertising of tobacco products by inspecting and educating retailers.
- enforcing smoke free dining in eating premises by regularly inspecting and educating proprietors.
- banning smoking in selected areas of licensed premises and gaming venues by inspecting and educating proprietors.
If you have concerns about a business breaching the tobacco laws, contact our Environmental Health Unit on (03) 5422 0333 or email mrsc@mrsc.vic.gov.au