Tobacco Control and Vapes
Laws controlling the retail and use of tobacco products and vapes (e-cigarettes) in Victoria mean we can now enjoy a smoke-free environment while eating out, at shopping centres, in gaming venues and licensed premises, within the vicinity of children's playgrounds, preschools and kindergartens, schools and hospital entrances.
Tobacco laws also mean large fines for selling cigarettes to children and tougher penalties for retailers of illegal tobacco.
All of these laws have been put in place to help keep the Victorian community free from tobacco-related illnesses. Council administers and enforces the Tobacco Act 1987 (the Tabacco Act) and is responsible for ensuring all premises within Murrindindi Shire are compliant with the relevant tobacco laws for their businesses.
Are vapes and e-cigarettes safe?
No. It is a misconception that vapes are safer than cigarettes. There are several important factors to consider when using vapes and e-cigarettes including:
I have a retail store and want to sell tobacco products
If you have a retail business, such as a convenience store or newsagency, and want to start selling tobacco products, or you currently sell tobacco products and need further information on your responsibilities under the Tobacco laws, please visit the Department of Health to inform yourself on Tobacco reform legislation and regulations.
Council's Environmental Health Officer conducts regular inspections of retail tobacco premises to ensure they are meeting the requirements under the Tobacco Act 1987 to ensure the sale of tobacco to minors is prevented and appropriate signage (e.g. posters and flyers to promote quitting smoking) is provided at the point of sale.
Please contact Council's Environmental Health Team on (03) 5772 0333 if you required any further information.
Can I sell vapes or e-cigarettes?
No. The retail sale of vapes or e-cigarettes is now banned.
Heavy penalties apply if you attempt to sell vapes or e-cigarettes from a retail shop.
Council's Environmental Health Officer will conduct unannounced inspections of retail premises to determine if vapes are being sold to the public. Any evidence of alleged sales will be immediately reported to the Victoria Police and offenders will be prosecuted.
The Australian Government has announced its intention to take strong action to address vaping in Australia, by introducing a comprehensive range of reforms.
These reforms will result in significant changes to the regulatory requirements for the importation, manufacture and supply of vapes in Australia, irrespective of nicotine content or therapeutic claims.
For the latest information on these reforms please visit the Therapeutic Goods Administration Vaping Hub.
I have an eating establishment and need information on smoke-free dining
If you have a restaurant or cafe and need further information on smoke-free outdoor dining, please refer to the Department of Health's Smoke-free and vape-free areas page for further information.
Council's Environmental Health Officer conducts regular inspections of eating establishments to ensure they are meeting the requirements under the Tobacco Act 1987 to ensure outdoor dining areas remain smoke-free.
Please contact Council's Environmental Health Team on (03) 5772 0333 if you required any further information.
Smoke-free and vape-free areas
Under Victoria's Tobacco Act 1987 (the Tobacco Act), smoking and the use of e-cigarettes (vaping) is prohibited in all enclosed workplaces and certain public spaces where members of the public gather.
This is because there may be exposure to second-hand tobacco smoke and the aerosol (vapour) from e-cigarettes.
Under the Tobacco Act smoking and vaping is banned:
- in enclosed workplaces
- in all outdoor dining areas
- in 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
- at train stations, tram-stop platforms, tram and bus shelters, and on trains, trams and buses
- on the grounds of, and within 4 metres of entrances to, childcare centres, kindergartens, preschools, and primary and secondary schools
- at all under-age music or dance events
- within 4 metres of the entrances to:
- at and within 10 metres of outdoor recreational areas, including:
- in all outdoor areas situated within the perimeter of a public swimming pool complex
- between the lifesaving flags, and within a 50-metre radius of each flag, at all patrolled beaches.
For further information on smoking and vaping bans in public and outdoor spaces, please refer to the Department of Health's Smoke-free and vape-free areas page, or contact Council's Environmental Health Unit on (03) 5772 0333.
I want to quit smoking or vaping
If you are thinking about quitting smoking or vaping, needing help to stay on track, or to help others with quitting, you can find more resources at Quitline or call them on 13 78 48.
What to expect when you quit smoking:
- Quitting smoking is one of the best things you will ever do for your health.
- Withdrawal can be challenging, but it can help if you look at the symptoms as signs that your body is recovering.
- Common symptoms include: cravings, restlessness, trouble concentrating or sleeping, irritability, anxiety, increases in appetite and weight gain.
- Many people find withdrawal symptoms disappear completely after two to four weeks.
- Changing your routine can help avoid those triggers that tell your brain it's time for a smoke.
- Stop smoking medications can help you quit smoking.
For more information visit:
I want to make a complaint about a breach of tobacco laws
Any reports of breaches of the Tobacco Act 1987 should be reported to Council.
If you wish to lodge a complaint or you have witnessed illegal activity, including:
- smoking in the workplace
- in indoor or outdoor dining areas of eating establishments
- smoking in outdoor areas where smoking is banned, such as schools, childcare centres and kindergartens, hospitals, children's playgrounds, skate parks and other public areas where smoking is banned
- smoking within 10 metres of food vans at markets and festivals
- smoking in public swimming pool venues, under-aged music or dance events or under-aged sporting events
- the suspected sale of tobacco products to minors (people under 18)
- the suspected sale of illicit tobacco products (e.g. "chop chop")
Please contact Council's Environmental Health Team on (03) 5772 0333.
Council's Environmental Health Officer will conduct an investigation and inspection and, where necessary, take appropriate action.