Smoking is the largest contributor to preventable death in Australia and is known to increase the risk of lung cancer, cardiovascular disease, chronic obstructive pulmonary disease and many other illnesses.
Banyule Council adopted its Smoke free Outdoor Areas Policy on 4 March 2013. The policy demonstrates Council's commitment to improving the health of the community by limiting their exposure to second hand smoke and reducing cigarette butt litter. You can read our policy under Related information.
A number of laws controlling tobacco are also currently in place within Victoria. Everyone can enjoy smoke-free eating establishments, shopping centres and licensed premises. Tobacco advertisements and promotions are also limited, and 'plain packaging' is now mandatory. Smoking is also banned at areas commonly used by children and young people for recreational and sporting activities. As of
13 April 2015, in Victoria smoking is banned around childcare centres, kindergartens, schools, indoor play centres, public hospitals, registered community health centres and certain Victorian Government buildings including Parliament, Victorian Courts and Victoria Police Stations.
New Smoke free Environments
As of 13 April 2015, smoking is banned at the following areas:
- Within the grounds of, and at and within four metres of an entrance to, all Victorian childcare centres, kindergartens, primary and secondary schools;
- At and within four metres of an entrance to children’s indoor play centres and Victorian public premises:
- All public hospitals
- Registered community health centres
- Certain Victorian Government buildings
For more information about the most recent Tobacco Act changes visit the State Tobacco Reforms website.
Smoke free children's and young people's areas
Since 1 April 2014, smoking has been banned at areas commonly used by children and young people for recreational and sporting activities, including:
- at or within 10 metres of children’s playground equipment that is an outdoor public place
- at or within 10 metres of a skate park that is an outdoor public place
- at or within 10 metres of a sporting venue that is an outdoor public place during an organised underage sporting event, including training or practice sessions and during breaks or intervals in play
- in an outdoor area of a swimming pool complex that is a public place
Information for tobacco retailers
Since 1 January 2011 the display of tobacco products and packaging was banned in retail outlets. Retailers can still sell tobacco products, but the products and packaging must not be visible to the public from anywhere inside or outside the premises. Other important laws exist around the display of advertising material and health warning signs. More information about retailer requirements can be found on the State Tobacco Reforms website
Sales to minors program
Banyule Council participates in a state-wide program aimed at preventing the sale of tobacco to minors (persons under 18 years of age). Educational visits are made to businesses that sell tobacco to inform them of their obligations in complying with the Tobacco Laws. We also employ minors to carry out ‘test purchasing’ of cigarettes from businesses, with infringement notices issued to businesses that sell tobacco to minors.
If you wish to report a business that sells tobacco to minors, contact our Health Services Unit on
Smoke free dining
Smoke free dining laws mean that all restaurants, cafés, and dining areas in hotels and clubs are designated smoke free. The ban does not apply to outdoor eating areas such as footpaths or courtyards that are not enclosed. Council officers inspect, and provide education to, eating establishments to ensure they comply. Businesses must also display appropriate "No Smoking" signs.
Smoking in gaming and licensed venues
Laws are in place to control smoking in gaming and licensed venues across Victoria, with Council officers responsible for enforcing them and carrying out checks to ensure all businesses are complying. If you have any complaints or questions about smoking in gaming and licensed venues, contact our Health Services Unit on 9490 4222.
Smoking in shopping centres
It is a legal requirement for shopping centres to be smoke free. If you have any concerns about people smoking in shopping centres, contact the shopping centre's management or alternatively contact our Health Services Unit on 9490 4222.
Cigarette litter and the Environmental Protection Act 1970
It is an offence under the Environmental Protection Act 1970 to litter and on the spot fines apply. Visit the EPA Victoria website to find out more information about litter, including cigarette butts, and how to report it.
If you would like more information about how to quit smoking contact Quitline on 13 7848 or visit the Quit website.
For more information about Victorian tobacco laws call the Tobacco Information Line on
1300 136 775 or visit the Department of Health Tobacco Reforms website.