Key messages

  • The Tobacco Act has undergone a number of reforms to provide tougher controls on tobacco display, advertising and sales, as well as the places where smoking can occur.
  • Recent amendments provide for smoke-free areas at children’s learning environments and certain public building entrances.
  • There are penalties for those who break the laws governing the display, advertising and sales of tobacco products, and the places where smoking is banned.

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 ban in a motor vehicle if a person under the age of 18 years is present
  • a ban on the sale of tobacco 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 products at point-of-sale with an exemption for certified ‘specialist tobacconists’
  • power for the Secretary of the Department of Health & Human Services 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 product purchases in any rewards or shopper loyalty schemes that provide benefits to customers
  • a smoking ban at patrolled beaches
  • smoking 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 bans within the grounds of, and within four metres of entrances to, childcare centres, kindergartens, preschools and primary and secondary schools
  • a smoking ban within four metres of the entrances to children’s indoor play centres
  • a smoking ban within four metres of the entrances to public hospitals and registered community health centres
  • a smoking ban within four metres of entrances to certain Victorian Government buildings.

An amended copy of the Tobacco Act 1987 and the Tobacco Amendment (Protection of Children) Act 2009 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.

Financial year

Penalty unit value











Contact details

Contact details

  • Tobacco Information Line

    Department of Health & Human Services

    For information about tobacco control in Victoria

    • Telephone Number:1300 136 775