Tobacco control


Tobacco retailer guide

Council's Enivronmental Health Officer conducts education visits to tobacco and e-cigarette retailers to ensure they comply with their legal obligations under the Tobacco Act 1987. 

Displaying and advertising tobacco products

• You must not display branded or non-branded tobacco advertising outside your retail premises. 

• You must not display any advertising referring to 'cheap' or 'discounted' tobacco products. 

• You must not display branded or non-branded tobacco products within your shop. 

• Cigarette cartons must not be displayed. 

• You may display one (1) price board in your shop. If you have a price board on display, you must have a prescribed graphic health warning sign on or immediately next to, the price board. 

Selling tobacco

• The Tobacco Act 1987 requires tobacco retailers to display two (2) signs within their retail outlet. These are; 

a) the blue 'We don't sell tobacco to u/18's' 

b) black and white health warning/smoking cessation 

• You must not sell individual or single cigarettes.

• You must not sell cigarettes, e-cigarettes, vapes, cigars or loose tobacco to any person under the age of 18. It is suggested that proof of age is requested for any person who appears to be under the age of 25 years. You should ask to see an acceptable form of photo identification. 

For more information, please read the Tobacco Retailer's Guide(PDF, 2MB)



Smoke-free Outdoor Dining

From 1 August 2017, changes to the Tobacco Act 1987 mean that smoking is banned in outdoor dining areas in Victoria. This includes outdoor dining areas;

• all hospitality venues (including takeaway shops).

• at food fairs.

• within 10 metres of food stalls and food vendors at organised events. 

Hospitality Events

Smoking is banned;

a) in commercial outdoor dining areas

b) in outdoor drinking areas, if any part of that area is within 4 metres of an outdoor dining area, unless separated by a 2.1m high wall. 

All hospitality venues must display in a prominent position, 'No Smoking' signage if they have a outdoor dining area. This allows customers to be aware of smoke-free outdoor dining, promote voluntary compliance and prevent unintentional smoking in smoke-free areas. 

Organised Events

Smoking is banned in outdoor public areas that are within 10 metres of a food stall or food vendor at an organised event (other than a Food Fair). 

Food Fairs

Food fairs are 100% smoke-free. Smoking is banned in all outdoor public areas at a food fair. 


Workplaces - Smoke-free and Vape-free

Under the Tobacco Act 1987, smoking in an enclosed workplace is strictly prohibited and applies to everyone who works or visits a workplace, including;

• employers 

• employees

• voluntary workers 

• customers

West Wimmera Shire Council will investigate and, if necessary, undertake enforcement action when complaints in relation to smoking in the 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.  


Additional Smoking Restrictions

The Tobacco Act 1987 also includes 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, have a concern about a tobacco retailer or any other tobacco related breaches you should report the incident to the Environmental Health Team on 13 99 72.

After receiving a complaint, an Environmental Health Officer will visit the premises to educate the proprietor about their obligations under Tobacco Act 1987.