Whitehorse City Council administers and enforces provisions of the Tobacco Act 1987 that relate to tobacco retailers and smoking restrictions in enclosed workplaces.
The Tobacco Act has undergone numerous reforms over the years to introduce tougher controls on tobacco and e-cigarette display, advertising, and sales, as well as the places where smoking and vaping is banned.
These reforms include regulating e-cigarette products (vapes) and shisha tobacco in the same way as tobacco products and the requirement for a licence to sell tobacco.
Enforcement of tobacco controls are shared across several agencies
Licensing
From 1st February 2026 anyone selling Tobacco requires a licence. Tobacco Licensing Victoria has been established to regulate the licensing scheme. Further information, including the register of licensed premises can be found on Tobacco Licensing Victoria's Website
Sale of Illicit Tobacco
Illicit tobacco often appears as unbranded "chop-chop" (loose, untaxed leaf) or branded cigarettes lacking Australian plain packaging, health warnings, or featuring foreign text. Key signs include unusually low prices, missing warnings on packs, unfamiliar brands.
Reports of Illicit Tobacco should be made to Crime-Stoppers or Tobacco Licensing Victoria
Sale of E-Cigerattes and Vapes
Under the Drugs, Poisons and Controlled Substances Act 1981 (DPCS Act), the retail sale of e-cigarette products containing nicotine is prohibited in Victoria, unless supplied by a pharmacy with a medical prescription.
The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (the Act) commenced on 1 July 2024. This legislation regulates the importation, domestic manufacture, supply, commercial possession and advertisement of all vapes.
This means that vapes can only be supplied through a pharmacy with a prescription. It is illegal for Australian retailers such as tobacconists, vape shops and convenience stores to supply any vapes, regardless of nicotine content, even with a prescription.
As of 1 July 2024:
- non-pharmacy retailers are not permitted to sell any vapes, including existing stock
- pharmacies may only sell vapes that comply with the updated product standards.
If you suspect or have information about a tobacco or e-cigarette retailer (that is not a pharmacy) selling e-cigarette products, this should be referred to the Therapeutic Goods Administration. - Report a perceived breach or questionable practices | Therapeutic Goods Administration (TGA)
State Government Legislation covering smoking in outdoor areas where food is eaten takes effect throughout Whitehorse City Council from 1 August 2017. This new tobacco reform also regulates e-cigarettes and shisha tobacco in the same way as other tobacco products.
The legislation, outlined in the Tobacco Amendment Act 2016, states that:
- Smoking is banned at premises such as restaurants, cafés, take-away shops and licenced premises, including courtyard dining areas and footpath dining.
- Smoking is banned within 10 metres of a food vendor at organised outdoor events.
- Smoking is banned in an outdoor drinking area that is within 4 metres of an outdoor dining area, unless separated by at least a 2.1 metre high wall or a 4 metre buffer zone between an outdoor dining and drinking area.
The legislation also aims to support people who have recently quit smoking or who are trying to quit smoking by removing smoking visual cues and triggers.
For more information on the new legislation and guides for businesses and event organisers, visit Tobacco Reforms
Tobacco Retailers
Council's authorised officers conduct education visits to tobacco and e-cigarette retailers including specialist tobacconists to ensure they comply with their legal obligations under the Tobacco Act 1987 and includes:
- Display and advertising tobacco products
- Signage requirements at tobacco retailers
- Ban on display of tobacco products (from 1 Jan 2011)
- Cigarette sales to minors and conducting tobacco test purchasing
- Cigarette vending machines
- Ban on the sale of tobacco from temporary outlets.
Tobacco retailers are informed and educated on the relevant signage that must be displayed at their premises.
From 1 January 2011, the display of tobacco products and packaging was banned.
Acceptable forms of identification must be produced by the customers to ensure they are over 18 to purchase tobacco products. If you look under 25 you should be asked for photo identification, such as a driving licence.
For more information please refer to the Department of Health Website.
Workplace Smoking Restrictions
Smoking and the use of e-cigarettes (vaping) is not permitted in any enclosed area of a workplace.
Whitehorse City Council will investigate and, if necessary, undertake enforcement action when complaints in relation to smoking or vaping in a workplace are received. It is the responsibility of the occupier of an enclosed workplace to ensure no one who works in or visits a workplace smokes in the enclosed areas of the workplace. This includes: employers, employees, voluntary workers, delivery drivers, couriers, customers and members of the public.
For further information please refer to the Department of Health Website
Other Smoking Restrictions
Amendments to the Tobacco Act 1987 have extended to the following areas:
- entrances to (4 metres) indoor children’s play centres, public hospitals and registered community health centres and Victorian Government Buildings
- the grounds of, and entrances to (4 metres), childcare centres, kindergartens, preschools and primary and secondary schools
- outdoor recreational areas, including playground equipment, skate parks and sporting venues during under-age sporting events (within 10 metres)
- outdoor areas of public swimming pools
- patrolled beaches
- train stations, tram-stop platforms and tram and bus shelters
- under-age music or dance events
Reporting A Smoking Related Complaint
If you encounter anyone smoking in an outdoor dining area or workplace or have a concern about a retailer selling a single cigarette, selling cigarettes to a minor (under the age of 18) you should report the incident to the Environmental Health Unit on 9262 6197.
After receiving a complaint, an Environmental Health Officer will visit the premises to educate the proprietor about their obligations under Victorian tobacco laws.
Further complaints could result in fines or prosecution.
