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

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 read the Tobacco Retailer’s Guide ( PDF 1.51MB).

 

Whitehorse City Council conducts regular tobacco test purchasing of tobacco retailers throughout the municipality. Selling tobacco products to any person under 18 is illegal. This includes the sale of tobacco products from vending machines.

An individual/company may receive an on-the spot fine or face legal proceeding in the Magistrates’ Court for selling to any person under 18 years of age. 

From 2006, it is an offence to smoke in an enclosed workplace under the Tobacco Act 1987. Studies have found that smoking restrictions in the workplace are effective. These restrictions not only protect workers from exposure to second hand tobacco smoke but can also reduce the amount people smoke each day, and increase their chances of successfully quitting.

Whitehorse City Council will investigate and, if necessary, undertake enforcement action when complaints in relation to smoking in 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 read the Smoke Free Workplaces Guide ( PDF 379.76KB).

 

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

If you encounter anyone smoking in an outdoor dining area, have a concern about a retailer selling a single cigarette, selling cigarettes to a minor (under the age of 18) or any other tobacco related breaches 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.