Tobacco retailer guide
Published by the Rural and Regional Health and Aged Care Services Division,
Victorian Government Department of Human Services, Melbourne, Victoria.
July 2006
© Copyright State of Victoria, Department of Human Services, 2006.
This publication is copyright. No part may be reproduced by any process except in
accordance with the provisions of the Copyright Act 1968.
Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne.
Printed by G.T. Graphics, 34 Stanley Street, Collingwood.
This document may also be downloaded from the Department of Human Services
website at www.health.vic.gov.au/tobaccoreforms
Disclaimer: This booklet is intended only as a general guide and introduction to
the relevant provisions of the Tobacco Act 1987. The Department of Human
Services does not accept any liability for any expense, loss or damage suffered as a
result of reliance upon the information contained in this booklet. Nothing in this
booklet should replace the seeking of appropriate legal advice where this is
considered appropriate.
Tobacco retailer guide
ii Tobacco retailer guide
Message from the Minister
On 1 March 2006 new laws in relation to the sale of tobacco products will take
effect. Discouraging young people from taking up smoking is one of the
Government’s highest priorities in its program to improve the health status of all
Victorians. These new laws strengthen existing legislation prohibiting the sale of
cigarettes to minors by:
• specifying the location of cigarette vending machines;
• prohibiting non-branded advertising and buzz marketing of tobacco products; and
• clarifying the obligations of tobacco retailers to train their staff in regard to the
correct procedures for selling tobacco.
Retailers of tobacco have an important role to play in preventing children and
adolescents from obtaining tobacco products by taking steps to ensure they
comply with laws prohibiting the sale of tobacco products to people under the
age of 18 years.
This guide is designed to provide information to tobacco retailers regarding their
obligations under law and to provide advice on how to prevent the sale of cigarettes
to minors. A translated overview and information in relation to staff training is
included in the back of the guide in Arabic, Chinese and Vietnamese.
If you require further information about the laws, please contact the Tobacco
Information Line on 1300 136 775 or visit www.health.vic.gov.au/tobaccoreforms
Hon Bronwyn Pike MP
Minister for Health
Tobacco retailer guide iii
Contents
Part A: Overview of the Laws
1
Part B: Displaying and advertising tobacco products
3
Q1.
Can I advertise tobacco products outside my retail outlet?
3
Q2.
Can I display tobacco advertising in my retail outlet?
4
Q3.
Can I display cartons?
5
Q4.
Can I display tobacco products?
6
Q5.
What should my tobacco display look like?
7
Q6.
Can I have more than one display area?
10
Q7.
Can I have more than one point of sale?
10
Q8.
How big can my tobacco display be?
11
Q9.
How do I measure the display area?
11
Q10. How can I display cigars?
13
Q11. What are price tickets and how can I use them?
14
Q12. What are price boards and how can I use them?
15
Part C: Selling tobacco
16
Q13. What signs do I have to display if I sell tobacco products?
16
Q14. Is there an age requirement for people who sell tobacco?
17
Q15. Can I sell single cigarettes?
17
Q16. Can I provide non-tobacco products in connection with
tobacco products?
17
Part D: Tobacco sales to under 18s
18
Q17. What are the laws regarding selling tobacco to people under
the age of 18?
18
Q18. Who is responsible when tobacco is sold to a person under
the age of 18?
18
Q19. What are the consequences if tobacco is sold to a person
under the age of 18?
18
Q20. Who should I ask for identification (ID)?
19
Q21. How do I calculate if a customer is over the age of 18?
20
Q22. What are the responsibilities of a manager in relation to the
sale of tobacco to under 18s?
21
Q23. What should I do to ensure I am not liable for someone selling
tobacco to a person under 18 years in my store?
21
iv Tobacco retailer guide
Part E: Cigarette vending machine laws
23
Q24. Where can cigarette vending machines be located?
23
Q25. What can cigarette vending machines display?
23
Q26. Do cigarette vending machines have to display tobacco
retailer signs?
24
Q27. Who is responsible for ensuring that a cigarette vending
machine complies with the laws?
24
Part F: Tobacco retailer summary
25
Part G: Tobacco Inspectors
26
Q28. What is the role of tobacco inspectors?
26
Q29. What powers do EHOs have?
26
Q30. What are my rights and obligations when being interviewed
by an inspector?
26
Part H: Penalties
27
Q31. What are the penalties for breaking the tobacco advertising
and display laws?
27
Q32. What are the penalties for breaking the cigarette sales
to minors laws?
28
Part I: Further information and definitions
29
Q33. Where can I get further information about these laws?
29
Q34. Definitions
29
Part J: Translated information
33
Arabic
33
Chinese
37
Vietnamese
41
Tobacco retailer guide 1
A. Overview of the Laws
Amendments to the Tobacco Act 1987 that came into effect on 1 March 2006
include further restrictions on the sale and advertising of tobacco.
In summary this includes:
• widening of the definition of ‘tobacco advertisement’ to include non-branded
advertising, buzz-marketing and the advertising of cigarette papers.
• restricting the placement of cigarette vending machines to:
– in line of sight of the bar in licensed premises, not more than 5 metres from the
outer edge of the bar counter; or
– in line of sight of the service counter in gaming venues and the casino; or
– immediately adjacent to the service counter of a bottle shop.
• removing the requirement for cigarette vending machines to display the white A5
‘Notice––no sales to minors’ sign on the front of machines.
• strengthening cigarette sales to minors laws by:
– making sighting an acceptable evidence of age document (photo ID) the only
defence for selling tobacco to a minor;
– making a manager/proprietor liable for an offence if any person they authorise
to sell tobacco products sells cigarettes to a minor (even if the person is not
an employee);
– clearly outlining what a manager/proprietor must do to train their employees or
agents not to sell tobacco to a minor; and
– requiring that a manager/proprietor must repeat the above training every
6 months.
2 Tobacco retailer guide
A summary of all of the tobacco retailer laws is outlined in the table below.
Date reform took effect
Description of reform
1 July 2001
Non-tobacco products may not be
packaged with tobacco products.
A health warning/smoking cessation sign
is required to be displayed within each
tobacco retail outlet.
1 October 2001
‘No tobacco sales to under 18s’ signs are
required within tobacco retail outlets.
Signs advertising the sale of discount
cigarettes outside tobacco retail outlets
are prohibited.
1 January 2002
Restrictions on point of sale tobacco
advertising and tobacco displays within
tobacco retail outlets.
1 March 2006
Widening the ban on tobacco advertising
to include non-branded advertising,
buzz-marketing and the advertising of
cigarette papers.
Strengthening of the cigarette sales
to minors laws.
Introduction of new white health
warning/smoking cessation signs.
Restriction of vending machines to bar
areas or gaming areas of licensed premises,
or adjacent to bottle shop service counters.
Removing the requirement for vending
machines to display the white A5
‘Notice––no sales to minors’ sign.
Note: Terms in this Guide that have particular or legal meanings are defined in Q34.
Tobacco retailer guide 3
B. Displaying and advertising tobacco products
Q1. Can I advertise
tobacco products outside
my retail outlet?
No. You cannot display branded or non-branded tobacco advertising outside your
retail outlet (see Q34 for the definition of tobacco advertisement). In addition you
must not display any advertising referring to the sale of cheap or discount tobacco
products from outside your retail outlet. This includes words such as ‘discount
cigarettes’ or ‘cheap smokes’ placed on sandwich boards, overhead signage or
promotional flags.
4 Tobacco retailer guide
Q2. Can I display
tobacco advertising in
my retail outlet?
No. You must not display branded or non-branded tobacco advertising within
your shop except through limited displays of tobacco products themselves
(see Q4––Can I display tobacco products?). This ban applies to the display of
posters, desk pads, flags, stickers, back lit tobacco advertising signs and tobacco
advertising on vending machines.
From 1 March 2006, tobacco advertising includes non-branded advertising, such as
images that promote or are intended to promote smoking. For example, images of
matches or lighters are often used in conjunction with displays of tobacco
products, and such images are now ‘tobacco advertisements’ under the Tobacco
Act. The advertisement of cigarette papers is also a ‘tobacco advertisement’ under
the Tobacco Act.
Tobacco retailer guide 5
Q3. Can I display cartons?
No. Cigarette cartons must not be displayed. You can stock cartons but they must
not be displayed to customers. Customers can be informed about your stocked
cartons through price boards (see Q12––What are price boards and how can I
use them?).
An exception to this applies in the case of duty free outlets beyond the customs
barrier at Melbourne Airport, which are permitted to have a limited display of
cigarette cartons.
6 Tobacco retailer guide
Q4. Can I display
tobacco products?
You are only allowed to have limited displays of tobacco products in your shop.
These displays must be consistent with the definition of ‘product line’ contained in
the Tobacco Act. ‘Product line’ is a tobacco product that differs from other products
on the basis of:
(a) Flavour;
(b) Nicotine or tar content; or
(c) Brand name.
You can only display one of each product line of a tobacco product. Different size
packages are not treated as different product lines. Therefore you cannot display
different sizes of cigarette packages with the same flavour, nicotine or tar content,
or brand name.
For example, you cannot display Brand A 30s Blue, as well as Brand A 40s Blue.
However, you can display Brand A Blue 20s, Brand A Purple 20s and Brand A
Green 20s. This is illustrated below.
Cigars and loose tobacco must also comply with product line definition
(see Q10 for further information on cigars).
Tobacco retailer guide 7
Q5. What should my
tobacco display look like?
The total display area for advertising tobacco products is regulated. Tobacco
displays must comply with product line definition (see Q4––Can I display
tobacco products).
Tobacco products may be displayed in one of three ways:
• Either as a single immediate package (option A); or
• In a stack dispenser with the packages stacked directly on top of each other so
the customer sees any part of the top and bottom of the tobacco packages
(option B); or
• In a stack dispenser where the tobacco packages are stacked directly behind
each other, so the customer can see the faces of the front packages and the
tops/sides and the health warning on the packages behind (option C).
Option A (single immediate package)
When a single package is displayed, the front faces of any additional packages of
the same product line must be covered.
8 Tobacco retailer guide
Option B (stacked on top of each other)
When cigarette packages are stacked directly on top of each other, you are only
permitted to display the top and bottom package on each stack.
Tobacco retailer guide 9
Option C (stacked behind each other)
When cigarette packages are stacked directly behind each other, you are only
permitted to display the front face of the tobacco package of each product line as
well as the tops, sides and front health warning (for example SMOKING KILLS) on
the tobacco packages behind.
Regardless of which display method is used, the display of the front face of the
tobacco packages must be within the maximum display area for tobacco products
as set out in the Tobacco Regulations 1997 (see Q8––How big can my tobacco
display be?).
10 Tobacco retailer guide
Q6. Can I have more than
one display area?
You can only have one display area of dry tobacco products within your retail
outlet. This display must be at a point of sale.
Q7. Can I have more than
one point of sale?
Yes. While all retail outlets are permitted to have one display area only for tobacco
products, retailers can sell tobacco from more than one point within the retail area.
If tobacco packages are located at a point of sale other than the display area and
are stacked behind each other, the faces of the tobacco products at the front of the
stack must be obscured. The tops, sides and front health warnings of the tobacco
products need not be obscured.
If tobacco packages are located at a point of sale other than a display area and are
stacked on top of each other, the sides and ends of the tops and bottoms of the
packages can be displayed if they do not directly face the customer. All other parts
of the packages, including the faces must be obscured from the customer.
Tobacco retailer guide 11
Q8. How big can my
tobacco display be?
It depends. Your display of dry tobacco products including cigarettes, roll your
own tobacco and dry cigars must be displayed in an overall maximum area of
four square metres.
You may not be able to display your full product range within four square metres.
Extra products must be blocked from view by customers. You can use price tickets
and price boards to inform customers about the blocked products (see Q11––What
are price tickets and how can I use them? and Q12––What are price boards and
how can I use them?).
Q9. How do I measure the
display area?
The maximum display area is measured from the outermost points of the tobacco
packages on display. The display area is measured from the outer edge of the first
package face on display to the outer edge of the package that is furthest from that
first package. All space within this area is considered to be the display area
regardless of whether all packages are on display, or are obscured by price tickets
(see Q11––What are price tickets and how can I use them?).
Maximum display area
Displayed tobacco product
Price ticket
12 Tobacco retailer guide
Maximum display area
Displayed tobacco product
Price ticket
Maximum display area
Displayed tobacco product
Price ticket
The maximum display area for tobacco products can be a variety of shapes.
For example.
Cigars in operating humidors are not required to be displayed within the maximum
display area described above.
Tobacco retailer guide 13
In cases where tobacco packages are stacked directly behind each other, and have
price tickets covering their front faces, the tops and sides are also permitted to be
displayed and are not included in the measurement of maximum display area.
Q10. How can I
display cigars?
Dry cigars sold in packages can be displayed in the same manner as cigarettes, as
outlined in Q5––What should my tobacco display look like?
As an alternative to these stack dispenser displays, you may choose to display up
to 13 of each product line of cigars outside a stack dispenser (in an open box,
container, or compartment), and/or a closed box of each product line of cigars.
Cigars must comply with product line definition. That is, you cannot display different
sizes of cigars that are the same brand name, nicotine or tar content or flavour.
Dry cigars must be displayed within the maximum four square metre display which
is allowed for tobacco products.
14 Tobacco retailer guide
Q11. What are price tickets
and how can I use them?
Price tickets can be used to show the price and other product information regarding
each tobacco product you sell. Typically, they would be the same size as the
product or pack. They can be no larger than the largest immediate package of the
tobacco product on display.
Price tickets can be used to obscure tobacco products that you are not permitted
to display under the legislation. For example, as explained in Q4 relating to product
line definition, you cannot display different sizes (20s, 25s, 30s, 35s) of a product
line of cigarettes. To comply with the law, you could for example, display a package
of 20s of a product line and obscure the other pack sizes of that product line with
price tickets.
The information contained on the price tickets is permitted to be in letters up to
2.1 cm in height and 1 cm wide. Price tickets can use up to four colours (not
including any fluorescent colours), but these colours must be consistent with the
price tickets in the rest of your shop.
The following information can be contained on the price tickets:
• The name of the product line.
• The strength of the product line (for example 4 mg, 8 mg).
• The flavour and number of items contained in the product line (for example
menthol, 30s).
• The average weekly sales of the product line.
• Any identifying category information related to the product line.
• A barcode or similar identifying code of the product line.
• The country of origin of the product line, including any symbol representing the
country of origin.
Price tickets cannot be set out together in a manner which forms an image or has a
visual effect.
Tobacco retailer guide 15
Q12. What are price boards
and how can I use them?
The lettering on price boards can be used to list the price and details of the full
range of tobacco products you sell. You may wish to use a price board for products
that you cannot display, such as cartons of cigarettes or tobacco products that do
not fit within your maximum display area. You may have one price board at each
point of sale in your retail outlet. Price boards can be up to 1.5 m by 1.5 m.
Price boards can be black or white, or in the corporate colours of your retail outlet,
using up to four colours. Lettering on the price board must be no higher than 2.1 cm
and no wider than 1.5 cm.
The price board can include information about:
• Product brands normally available for sale.
• Product flavours (for example menthol).
• Pack size (for example 25s, 30s, carton).
• Prices of products available for sale.
16 Tobacco retailer guide
C. Selling tobacco
Q13. What signs do I have
to display if I sell tobacco
products?
The law requires tobacco retailers to display two signs within the retail outlet.
This includes premises with a cigarette vending machine. These are the blue
‘We don’t sell tobacco to u/18s’ sign and one of the black and white health
warning/smoking cessation signs that are shown below.
These signs need to be displayed next to a place in
your shop where tobacco products are sold, or at
the entrance to your shop so that your customers
can see them as they enter.
This sign on the right is the only ‘No tobacco sales
to U/18s’ sign that is legally acceptable. If you wish
to display other signs advising minors that you
cannot sell tobacco to them, you can display these
signs in addition to the sign on the right.
There are 7 acceptable black and white health
warning/smoking cessation signs. Only one of
these signs needs to be displayed.
Copies of this signage is available free of charge from the Department of Human
Services’ Tobacco Information Line on 1300 136 775.
Tobacco retailer guide 17
Q14. Is there an age
requirement for people
who sell tobacco?
There is currently no age limit for people who can sell tobacco in Victoria.
Regardless of the age of the person selling tobacco products, it remains the
responsibility of the manager/proprietor to ensure that anyone they allow to sell
tobacco products in their store does it responsibly and complies with the laws
prohibiting the sale of tobacco products to people under the age of 18 years.
Q15. Can I sell single
cigarettes?
It is an offence for you and your staff to sell cigarettes in a package containing less
than 20 cigarettes. The sale of single cigarettes is also illegal. This is regardless of
the customers’ age.
Q16. Can I provide
non-tobacco products
in connection with
tobacco products?
No. You must not provide non-tobacco products or benefits (eg. CDs, tins or carry
cases) in connection with the sale of a tobacco product or for the purposes of
promoting the sale of a tobacco product. This is the case whether or not a charge is
made for the other non-tobacco product or benefit.
You also must not supply vouchers or similar things that may entitle the purchaser
or another person to a non-tobacco product or benefit; or any thing with which the
person can participate in a game or similar activity which may entitle the person to
a non-tobacco product or benefit.
It is a defence if the benefit or thing supplied is only incidentally connected with the
purchase of the tobacco product and equal opportunity to receive the benefit or
thing is given to customers regardless of whether they buy tobacco products.
The only exception to this law is that you can sell lighters, matches, ashtrays or
other products that are necessary for, or ancillary to smoking in connection with a
tobacco product, provided that you do not discount these other products. That is,
the price of these non-tobacco products must be the same as the price that would
be paid for them if they were purchased separately.
18 Tobacco retailer guide
D. Tobacco sales to under 18s
Q17. What are the laws
regarding selling tobacco to
people under the age of 18?
It is an offence for any person to sell cigarettes, cigars or loose tobacco to any
person under the age of 18. This includes over the counter sales and sales from
tobacco vending machines.
Q18. Who is responsible
when tobacco is sold to a
person under the age of 18?
The person who sold the tobacco product is responsible. In addition to the person
who sold the tobacco product, their manager or employer may also be responsible.
Q19. What are the
consequences if tobacco
is sold to a person under
the age of 18?
If a tobacco product is sold to a person under the age of 18, the proprietor, manager
and the person who sold the product may receive:
• An on the spot fine of 2 penalty units*
or
• A fine of up to 50 penalty units* if found guilty in court (legal costs may also be
awarded against you in addition to a fine).
In addition to a fine, tobacco retailers also risk losing the ability to sell tobacco for a
set period of time, as detailed in the table in Section H––Penalties.
If a retailer offers tobacco for sale while suspended, they may be fined a further
amount of up to 50 penalty units*. They may also be fined up to 2 penalty units* for
each day they continue to sell tobacco. If a retailer looses the ability to sell tobacco,
their business associate (such as their business partner) will also be unable to sell
tobacco at the premises where the breach occurred. The court may also decide
that the retailer is prohibited from selling tobacco from any new premises within
5km of the premises where the offence occurred.
* The value of a penalty unit for 2006/07 is $107.43
Tobacco retailer guide 19
Q20. Who should I ask for
identification (ID)?
It is suggested that proof of age is requested from any person who appears to be
under the age of 25 years. You should ask to see an acceptable evidence of age
document (photo ID) to confirm that the customer is not under the age of 18.
The acceptable forms of photo ID are:
• A Victorian or interstate proof of age card.
• A Victorian or interstate drivers licence.
• An Australian or foreign passport.
• A keypass.
• A Victoria Learner’s permit.
As some of the above photo IDs can be issued to people under the age of 18,
you should check the date of birth on the identification to ensure that they are over
18 years of age before selling a tobacco product.
The Department of Human Services can provide you with a ‘No Proof of Age No
Cigarettes’ poster. The poster clearly identifies each of the acceptable proof of age
documents. You may wish to display this poster so that customers can see what
forms of identification are acceptable for the purchase of tobacco, and as a
reminder to people selling cigarettes. The Department’s poster is illustrated below.
Copies of the poster are available free of charge by contacting the Tobacco
Information Line on 1300 136 775.
20 Tobacco retailer guide
Q21. How do I calculate if
a customer is over the
age of 18?
As mentioned above evidence of age documents (photo ID) such as a learner’s
permit are issued to people under the age of 18. Therefore when requesting photo
ID you must ensure that the customer is over the age of 18. The tables below have
been designed to assist you and your staff to calculate whether a customer is over
the age of 18 by using the date of birth on their photo ID.
You may wish to copy this table and display it near your register so that you can
refer to it when selling tobacco.
2006
Year of Birth
Can I sell tobacco?
Before 1988
Over 18––Legal to Sell
1988
Check day and month of birth
• If date is on or before purchase date––Customer is 18––Legal to Sell
• If date is after purchase date––Customer is not 18––Refuse Sale
After 1988
Under 18––Refuse Sale
2007
Year of Birth
Can I sell tobacco?
Before 1989
Over 18––Legal to Sell
1989
Check day and month of birth
• If date is on or before purchase date––Customer is 18––Legal to Sell
• If date is after purchase date––Customer is not 18––Refuse Sale
After 1989
Under 18––Refuse Sale
2008
Year of Birth
Can I sell tobacco?
Before 1990
Over 18––Legal to Sell
1990
Check day and month of birth
• If date is on or before purchase date––Customer is 18––Legal to Sell
• If date is after purchase date––Customer is not 18––Refuse Sale
After 1990
Under 18––Refuse Sale
Tobacco retailer guide 21
Q22. What are the
responsibilities of a
manager in relation to
the sale of tobacco to
under 18s?
As outlined in Q18––Who is responsible when tobacco is sold to a person under the
age of 18?, the manager can be held responsible if a person that they supervise
sells a tobacco product to a person who is under 18.
If a sale occurs, the manager must prove they had no knowledge of the sale and
have taken ‘prevention measures’ in relation to the person that sold the tobacco.
‘Prevention measures’ include taking the following steps at least every 6 months.
A: Instructing the seller:
– Not to sell tobacco products to a person under the age of 18 years in any
circumstance, even if the tobacco products are for, or claimed to be for, a
person over 18 years; and
– To sight an acceptable evidence of age document (photo ID) for a person
before selling a tobacco product to the person.
and
B: Informing them that if they sell tobacco products to a person under the age of
18 years in disregard of the instructions mentioned above, they will be
committing an offence against the Tobacco Act.
and
C: Obtain written acknowledgement from the seller that they have received these
instructions and the warning as outlined above.
Q23. What should I do to
ensure I am not liable for
someone selling tobacco to
a person under 18 years in
my store?
To protect against liability it is recommended that managers undertake the
‘prevention measures’ as outlined above, with any person that they authorise to sell
tobacco in their store, and repeat these steps at least every 6 months.
To assist you in undertaking these steps a checklist and training acknowledgement
form are included on the next page. It is suggested that you copy these forms and
sign and date them every time you undertake such training. A signed and dated
copy of the form should be kept on file for each person who you authorise to sell
tobacco. A copy should also be given to the person for their own record once they
have signed and dated it.
22 Tobacco retailer guide
Staff training checklist
• Inform staff that it is illegal to sell tobacco to a person under 18 in any circumstances, even if the tobacco
products are for, or claimed to be for, a person over 18 years.
• Inform staff that they should sight an acceptable evidence of age document (photo ID) for a person
before selling a tobacco product to the person.
• Inform staff of the acceptable evidence of age documents (photo ID):
– Victorian or interstate proof of age card.
– Keypass.
– Victorian or interstate drivers license.
– Australian or foreign passport.
– A Victorian learner’s permit
• Inform staff that it is illegal to sell cigarettes in a package containing less than 20 cigarettes.
• Warn staff if they sell tobacco products to a person under the age of 18 years in disregard of the instructions
mentioned above, they are committing an offence against the Tobacco Act 1987.
• Inform staff of the penalties for selling tobacco to a person under 18.
This training should be completed every 6 months. You should ask staff to sign and date a document like the one below once
the training has been completed.
Training Acknowledgement Form
You should only sign this form once you understand the instructions above and the warning set out below. If you have any
questions about the instructions, ask your employer before signing this form. If you are unsure as to whether or not to sign this
form, call the Tobacco Information Line on 1300 136 775.
I
acknowledge that on
(name)
(date)
I was instructed:
• Not to sell tobacco products to a person under the age of 18 years in any circumstances, even if the tobacco products are for,
or claimed to be for, a person over 18 years; and
• To sight an acceptable evidence of age document (photo ID) for a person before selling a tobacco product to the person; and
I have been warned that, having received the above two instructions, if I disregard these instructions and sell tobacco products
to a person under the 18 years, I commit an offence under the Tobacco Act 1987.
Signature:
Date:
/
/200
Date:
/
/200
Manager/Proprietor Name & Position:
Manager/Proprietor Signature:
Tobacco retailer guide 23
E. Cigarette vending machine laws
Q24. Where can cigarette
vending machines be
located?
Since 1 March 2006, cigarette vending machines can only lawfully be permitted in
the following areas:
a) Bar areas of licensed premises in line of sight of the bar, not more that
5 metres from the outer edge of the bar counter;
b) Approved venues or in a casino in line of sight of a service counter; or
c) Bottle shops immediately next to the service counter.
Vending machines will no longer be allowed in restaurants, cafés, bingo centres or
staff amenity areas.
Q25. What can cigarette
vending machines display?
The laws that restrict the display and advertising of tobacco products apply to
cigarette vending machines. As such, representations of tobacco products on the
front of the vending machines need to comply with product line restrictions
(see Q4––Can I display tobacco products?) and price ticket requirements
(see Q11––What are price tickets and how can I use them?).
As each premises can only have one point of display for tobacco products, unless
you have price tickets covering all the pack representations on your vending
machine, your vending machine will be your point of display.
In addition, cigarette vending machines cannot display branded and non-branded
tobacco advertising which is outlined in Q2––Can I display tobacco advertising in
my retail outlet?
24 Tobacco retailer guide
Q26. Do cigarette vending
machines have to display
tobacco retailer signs?
Yes, a premises that contains a vending machine is considered to be a tobacco
retail outlet and as such, the tobacco retailer signage must be displayed as outlined
in Q13––What signs do I have to display if I sell tobacco products?
Please note that the A5 ‘Notice’ sign is no longer required to be displayed on the
front of cigarette vending machines.
Q27. Who is responsible for
ensuring that a cigarette
vending machine complies
with the laws?
The occupier (the person in charge) of a premises that has a cigarette vending
machine is responsible for ensuring that customers under the age 18 do not obtain
tobacco from the machine. The same penalties apply to the occupier that would
apply if the occupier had sold the cigarettes to the person. The occupier must also
ensure that the tobacco retailer signs outlined in Q13––What signs do I have to
display if I sell tobacco products? are displayed.
The occupier may also be liable if the vending machine does not comply with the
laws outlined above in Q24––Where can cigarette vending machines be located?
and Q25––What can cigarette vending machines display?
Tobacco retailer guide 25
F. Tobacco retailer law summary
This summary is an overview of the tobacco retailer laws. The summary will assist you in ensuring that you comply with all of
the requirements for displaying and selling tobacco products. For further information on the laws refer to the relevant part of
this guide.
Part B: Displaying Tobacco Advertising and Products
• Remove any signs outside your retail outlet advertising cheap or discount cigarettes
• Do not display tobacco advertising such as flags, posters, stickers or backlit signs within the retail outlet.
This includes pictures of matches/lighters and advertisements for cigarette papers.
• Ensure the display of tobacco products complies with the product line definition.
• Do not display cartons of tobacco products.
• Restrict the size of your dry tobacco display to four square metres.
• Only have a single point of display for tobacco products (must be at point of sale)
• Ensure price tickets and price boards comply.
Part C: Selling tobacco
• Ensure cigarettes are not sold to people under the age of 18 years
• Do not sell single cigarettes or cigarettes in a pack of less than 20
• Do not provide non-tobacco products or benefits to the customer in connection with the purchase
of tobacco products.
• Display a health warning/smoking cessation sign in the prescribed form.
• Display the prescribed ‘No tobacco sales to under 18s’ sign.
Part D: Tobacco sales to under 18s
• Conduct and document training in relation to the sale of cigarettes to under 18s with anyone
who sells cigarettes in your store every 6 months.
Part E: Cigarette vending machines laws
• Ensure the display of tobacco products on the front of vending machines complies with the
product line definition.
• Ensure that there is only one display of tobacco products within the premises.
• Ensure vending machines are only located in acceptable areas of approved premises
26 Tobacco retailer guide
G. Tobacco Inspectors
Q28. What is the role of
tobacco inspectors?
Environmental Health Officers (EHOs) employed at each of Victoria’s 80 local
Councils are authorised to enforce the tobacco legislation. EHOs enforce the
laws by:
• Conducting education visits with tobacco retailers.
• Undertaking test purchases in shops that sell tobacco to determine compliance
of laws relating to the sale of tobacco products to people under the age of 18.
Q29. What powers do
EHOs have?
Environmental Health Officers have the power to:
• inspect parts of the tobacco retail outlet that are open to the public;
• request the name and address of anyone they believe may have committed an
offence under the Tobacco Act; and
• inspect and measure tobacco displays located behind the counter.
They do not need written consent or a search warrant to inspect and measure the
tobacco display but must show their identity card before going behind the counter.
Q30. What are my rights
and obligations when
being interviewed by
an inspector?
• You must, by law, provide your full name and address to the inspector(s).
• You have the right to an interpreter.
• You have the right to refuse to answer any questions put to you by the tobacco
inspector(s) at any stage throughout the interview. However, the interview is an
opportunity for you to explain the circumstances that led to the sale of the
tobacco product to a person under the age of 18.
Tobacco retailer guide 27
H. Penalties
Q31. What are the
penalties for breaking the
tobacco advertising and
display laws?
* Note: One penalty unit is fixed at $107.43 for the 2006/07 financial year.
Penalty units are indexed annually by an amount fixed by the Victorian Treasurer.
Infringement
Notice
Maximum
Penalties the in
Magistrates’ Court
Incorrect display of tobacco
products––for example, the tobacco
display does not comply with
product line definition; the display
is larger than the maximum display
area; or cartons are on display.
1 penalty unit*
60 penalty units*
Display of a branded tobacco
advertisement such as a poster,
backlit sign or flag; the display of
non-branded tobacco advertising
such as pictures of matches and
lighters and the display or
advertisements for cigarette papers.
–
60 penalty units*
Display of signs outside the retail
outlet such as ‘cheap smokes’ and
‘discount cigarettes’.
–
60 penalty units*
Failure to display a health warning/
smoking cessation sign.
1 penalty unit*
10 penalty units*
Failure to display a ‘No tobacco
sales to minors’ sign.
1 penalty unit*
10 penalty units*
Sale of single cigarettes or cigarettes
in a package of less than twenty.
1 penalty unit*
100 penalty units*
Providing non tobacco products or
benefits with tobacco products.
–
60 penalty units*
Refuse or fail to comply with an
inspector’s request or falsely state
a name and address.
1 penalty unit*
5 penalty units*
Person unlawfully placing or
permitting the placement of a
cigarette vending machine.
1 penalty unit*
10 penalty units*
Breach of Tobacco Laws
28 Tobacco retailer guide
Q32. What are the
penalties for breaking
the cigarette sales to
minors laws?
Offence
First offence––tobacco sale
to a person under the age
of 18 years.
Penalty a court may impose
on the tobacco retailer
Suspension of up to three months from
selling any tobacco from the premises where
the offence occurred or at any new premises
within 5km of the premises.
A fine of up to 50 penalty units*
Second relevant offence––
tobacco sale to a person
under the age of 18 years.
Suspension of between three months
and 12 months from selling any tobacco
from the premises where the offence
occurred or at any new premises within
5km of the premises.
A fine of up to 50 penalty units*
Third relevant offence––
tobacco sale to a person
under the age of 18 years.
A five year mandatory removal of the ability
to sell tobacco from the premises where
the offence occurred and, if the court so
determines, at any new premises within
5km of the premises.
A fine of up to 50 penalty units*
Note: Any breach of a requirement not to sell tobacco at the original premises, or at a new
premises within 5km of the original premises, may receive a maximum penalty of 50 penalty
units*, and, for a continuing offence, an additional penalty of 2 penalty units* for each day on
which the offence continues.
* The value of a penalty unit for 2006/07 is $107.43
Tobacco retailer guide 29
I. Further information and definitions
Q33. Where can I get
further information about
these laws?
If you require further information on the laws relating to the sale of tobacco
products, please contact the Department of Human Services Tobacco Information
Line on 1300 136 775. This booklet is also available on our website at
www.health.vic.gov.au/tobaccoreforms
Q34. Definitions
Bar means a place in a licensed premises that(a) is stocked with liquor of various types; and
(b) is used solely or mainly for the supply of liquor to customers; and
(c) has a counter(i) across which liquor is supplied directly to customers; and
(ii) at which, or in the immediate vicinity of which, customers may immediately
consume the liquor supplied;
Bar area means the area(a) in the immediate vicinity of a bar; and
(b) not more than 5 metres from the outer edge of the counter of the bar.
Bottle shop means an area in a licensed premises where liquor is supplied to
customers solely for consumption off the licensed premises.
Carton means a package that contains packages of a tobacco product, or a
package designed to contain packages of a tobacco product, but does not include a
package containing individually-wrapped cigars (unless the package contains a
further package or packages of the cigars).
Display in relation to a tobacco product at a retail outlet, means a display to the
customers of the retail outlet.
Evidence of age document means a document that-–
(a) is –
(i) a Victorian proof of age card or an interstate proof of age card; or
(ii) a Victorian drivers licence or an interstate drivers licence; or
(iii) an Australian or foreign passport; or
(iv) an approved issuer document*; and
(b) contains a photograph of the bearer; and
(c) indicates, by reference to a date of birth or otherwise, that the bearer is of or
over a particular age.
* Note: approved issuer document currently includes a keypass card.
Face means either of the two largest surfaces of a cigarette package or other
tobacco product.
30 Tobacco retailer guide
Maximum display area means the maximum area in which tobacco products can
be on display. The maximum display area is four square metres and is measured
from the outermost points of the tobacco products on display.
Manager of a primary offender, means –
(a) an employer of the primary offender; or
(b) a person who authorized the primary offender to sell tobacco products as the
person’s agent; or
(c) if the primary offence was committed in the course of carrying on a business––
a person who owns, manages, controls, conducts or operates that business;
Package does not include a transparent wrapping, unless the wrapping has a
tobacco advertisement printed on it.
Point of sale means a place where tobacco products are sold within a retail outlet,
and includes a vending machine from which tobacco products are sold.
Premises includes any part of premises and includes a vehicle or vessel and a
permanent or temporary structure.
Primary offender is a person who sells cigarettes to a minor in breach of the
Tobacco Act.
Product line means a kind of tobacco product distinguishable from other kinds by
one or more of the following characteristics
(a) Brandname
(b) Nicotine or tar content
(c) Flavour
but not by the size of the package containing the tobacco product.
Retail outlet means premises where tobacco products are available for sale
by retail.
Service counter –
(a) of an approved venue or casino, means a counter at which gaming tokens
(within the meaning of the Gaming Regulation Act 2003) may be issued or
redeemed;
(b) of a bottle shop, means a counter in the bottle shop across which liquor is
supplied directly to customers.
Tobacco retailer guide 31
Tobacco advertisement means
(1) Any writing, still or moving picture, sign, symbol or other visual image, or any
audible message, or any combination of 2 or more of those things, that give
publicity to, or otherwise promotes or is intended to promote –
(a) smoking; or
(b) the purchase or use of a tobacco product or a range of tobacco products; or
(c) the whole or a part of a trade mark that is registered under the Trade Marks
Act 1955 of the Commonwealth in respect of goods that are or include
tobacco products; or
(d) a whole or part of a design that is registered under the Designs Act 2003 of
the Commonwealth in relation to products that are or include tobacco
products; or
(e) the whole or a part of the name of a person(i) who is a manufacturer of tobacco products; and
(ii) whose name appears on, or on the packaging of, some or all of those
products; or
(f) any other words (for example the whole or a part of a brand name) or design,
or combination of words and designs, that are closely associated with a
tobacco product or a range of tobacco products (whether also closely
associated with other kinds or products).
(2) A reference in sub-section (1) to a visual image or a design includes a reference
to an image or a design consisting of a colour or a scheme of colours.
(3) Without limiting sub-section (1), a tobacco advertisement includes (a) the display of an immediate package of a tobacco product;
(b) the advertisement of cigarette papers.
(4) Words, signs or symbols that appear as part of the standard wording of an
invoice, statement, order form, letterhead, business card, cheque, manual, or
other document, ordinarily used in the normal course of the business of a
manufacturer, distributor or retailer of tobacco products (a “business
document”) do not, when so appearing, constitute a tobacco advertisement
(but this does not prevent a still or moving picture, or other visual image, of a
tobacco product, of the packaging of a tobacco product, or of a business
document, from being a tobacco advertisement).
(5) Words, signs or symbols that appear in or on land or buildings occupied by a
manufacturer of tobacco products do not, when so appearing, constitute a
tobacco advertisement (but this does not prevent a still or moving picture, or
other visual image, of words, signs or symbols that so appear from being a
tobacco advertisement).
32 Tobacco retailer guide
(6) For the avoidance of doubt, the taking of any action to prevent a product from
causing injury to anyone, including action–
(a) to recall a product; or
(b) to disclose a defect in, or a dangerous characteristic of, a product;
or
(c) to disclose circumstances in which the use of a product is or may be
dangerous; or
(d) to disclose procedures for disposing of a product–
does not constitute a tobacco advertisement.
(7) If–
(a) apart from this sub-section, something (“the advertisement”) would,
technically, be a tobacco advertisement; and
(b) it is clear from the advertisement that its sole or principal purpose is to
discourage smoking or the use of tobacco products–
then despite sub-section (1), the advertisement is not a tobacco advertisement
for the purposes of this Act.
(8) In this section–
“words” includes abbreviations, initials and numbers.
Tobacco product means tobacco, cigarette or cigar or any other product the main
ingredient of which is tobacco and which is designed for human consumption.
Vending machine means a machine, device or contrivance that is constructed to
contain tobacco products that may be obtained from it by an operation that
involves the insertion in the machine, device or contrivance of a coin, token or
similar object.
J. Translated information
Arabic
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Arabic
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Arabic
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Arabic
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Chinese
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Chinese
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Chinese
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Chinese
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Vietnamese
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Vietnamese
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Vietnamese
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Vietnamese