There are laws surrounding the use and sale of tobacco, as well as, where and when smoking, the use of e cigarettes and vaping is permitted.
In Australia, smoking kills around 20,500 people every year. Tobacco causes more illness and death than any other drug.
The Victorian government reviews tobacco laws and has introduced the tobacco business licensing scheme from the 1st July 2025. Tobacco Licensing Victoria (TLV) is responsible for the administration and enforcement of the tobacco business licensing scheme
Previously the Victorian Government introduced smoking bans to help protect the health of the community.
At the Council we play an important role in protecting the health of the community through actions such as enforcement of the Tobacco Act 1987. This Act is a key piece of Victorian legislation that regulates tobacco products and smoking offences, has undergone a number of changes to provide tougher controls on tobacco display, advertising and sales, as well as the places where smoking can occur.
Smoking is prohibited in all outdoor dining areas and at all outdoor public events.
E-cigarettes and shisha tobacco are now also regulated like other tobacco products.
Tobacco business licensing scheme
Any person or business in Victoria that sells tobacco products – either to the public or to other businesses – must have a tobacco licence.
There are two types of tobacco licence:
- Retail licence: For any business where there are sales of tobacco to the public, including online or from vending machines. This includes supermarkets, grocery stores, convenience stores, liquor licensed premises, petrol stations, tobacconists and online retailers.
- Wholesale licence: For any business that sells tobacco to other retail or wholesale business.
A business that sells both retail and wholesale tobacco will need both licence types.
A licence is required for every location where a business sells tobacco. More information can be found at the website.
Smoking bans
Under Victoria 's Tobacco Act 1987 smoking is prohibited in all enclosed workplaces, including restaurants, cafes, licensed premises and shopping centres as well as certain public spaces where members of the public gather and may be exposed to second-hand tobacco smoke.
These can include children 's play areas, government buildings and certain building entrances.
Signs and factsheets
Businesses owners and managers can order signs and factsheets to help educate and inform staff and the community about the bans or contact us.
E-cigarettes and vaping
All vapes, regardless of whether they contain nicotine or not, must be sold in a pharmacy for the purpose of helping people to quit smoking or manage nicotine dependence.
It is illegal for any other retailer—including tobacconists, vape shops and convenience stores—to sell any type of vape or vaping product.
Most vapes contain nicotine. However, some zero-nicotine vapes are also available. Regardless of whether they contain nicotine or not, all vapes must only be sold in pharmacies.
For the latest information on these reforms please visit the Therapeutic Goods Administration Vaping Hub.
Regulation of e-cigarette products
The sale of e-cigarette products by non-pharmacy retailers is prohibited in Victoria under the Commonwealth Therapeutic Goods Act 1989.
To report suspected non-compliance please visit the Therapeutic Goods Act website.
Report suspected illicit tobacco and e-cigarette non-compliance
Reporting a breach for Vapes – Therapeutic Goods Administration and other agencies including the Australian Federal Police are responsible for investigating the breaches.
Reporting sale of illicit tobacco – the Australian Border Force Illicit Tobacco Taskforce is responsible for the investigation. There is an option in the form to provide the details anonymously.