Regulation of place of use

The Tobacco Act 1987 (Vic) and the Transport Act 1983 (Vic) impose restrictions on where people are permitted to smoke in Victoria. 

As of 1 March 2006, section 5A of the Tobacco Act 1987 (Vic) prohibits smoking in enclosed workplaces, subject to certain exceptions, which are listed in section 5A(2). 

Definition of a workplace

A "workplace" is defined as "any premises or area where one or more employees or self-employed persons (or both) work, whether or not they receive any payment for that work" (section 3).  "Enclosed" is also defined in the Act. 

No smoking signage

No smoking signs are required in enclosed restaurants and cafes, enclosed areas of retail shopping centres, and enclosed bingo areas and centres, all of which are "enclosed workplaces" for the purposes of the Act.  No smoking signs are also required in dining areas in indoor, licensed venues, in which smoking is banned under section 5C of the Act.

Casinos, gaming areas and licensed premises

The Act currently contains separate requirements in relation to smoking in casinos, gaming areas and rooms, and licensed premises. 

For example, section 5O requires that if licensed premises have two or more rooms in operation, the occupier must designate one room as a non-smoking room.  However, from 1 July 2007, these types of premises, together with dining areas in indoor, licensed venues, will fall within the general ban on smoking in enclosed workplaces, subject to any Ministerial declaration that designates a high roller room in a casino as a smoking area.

Changes from July 2007

From 1 July 2007, a further change will take effect in relation to outdoor dining or drinking areas, which are currently excluded from the general ban on smoking in enclosed workplaces.  From that date, smoking bans will start to apply in outdoor dining or drinking areas if they are more than 75% enclosed, as further elaborated in the legislation. 

For details of the changes that will take effect on 1 July 2007, see the Tobacco (Amendment) Act 2005 (Vic), Part 3 [PDF 356 KB].  Further information on Victoria's smoke-free laws is also available from the website of the Victorian Department of Human Services.

Current legislation according to premises

The table below shows the types of premises in which smoking is partially or completely prohibited, and the corresponding sections of the Acts:

*The legislation governing these types of venues will change on 1 July 2007, as described in the text preceding this table.