Tobacco Regulations 2017

Version No. 002

Tobacco Regulations 2017

S.R. No. 73/2017

Version incorporating amendments as at
1 July 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Commencement 2

4 Revocation 2

5 Definitions 2

6 Definition of illicit tobacco 4

Part 2—Controls relating to tobacco products 5

7 Point of sale notices at on‑airport duty free shops and wholesale outlets—tobacco products 5

9 Point of sale notices at retail outlets—tobacco products 7

11 Tickets or labels on or adjacent to tobacco products at on-airport duty free shops—tobacco products 9

15 Tickets or labels on or in vending machines 11

16 Notices about tobacco products available for sale at retail outlets or wholesale outlets 12

18 Retail display area 13

18A Definition of commercial quantity 13

19 Tobacco retailing businesses—health warning and cessation of smoking signage 13

20 Retail outlets—prohibition of sale of tobacco products to minors sign 14

Part 3—Tobacco retailer and wholesaler licensing scheme 16

Division 1—Information to be included in or accompany licensing applications 16

20A Information to be included in or accompany licence application 16

20B Information to be included in or accompany application for variation of licence 23

20C Information to be included in or accompany relocation application 23

20D Information to be included in or accompany transfer application 25

20E Information to be included in or accompany application to suspend or cancel licence 29

20F Information to be included in or accompany renewal application 31

Division 2—Fees 31

20G Prescribed fees—licensing applications 31

Division 3—Licence categories and conditions 33

20H Prescribed licence categories 33

20I Prescribed licence conditions 33

Division 4—Register of Licensed Tobacco Suppliers 38

20J Register of Licensed Tobacco Suppliers—prescribed information 38

Part 4—Enforcement 39

21 Acknowledgement of consent under Part 3A 39

22 Acknowledgement of consent under Part 3AAB 39

23 Infringement offences and penalties—infringement notices that may be served by a police officer 39

24 Infringement offences and penalties—infringement notices that may be served by an inspector 40

25 Infringement offences and penalties—infringement notices that may be served by a licensing inspector 40

Schedule 1—Regulations revoked 41

Schedule 2—Graphic health warnings for retail outlet point of sale notices 42

Schedule 3—Statement for retail and wholesale outlet notices about tobacco products available for sale 43

Schedule 5—Health warning signs and cessation of smoking programs 45

Schedule 6—Prohibition of the sale of tobacco products to minors sign 49

Schedule 7—Forms 50

Schedule 8—Offences for which police officer may serve infringement notice 53

Schedule 9—Infringement offences for which inspector may serve infringement notice 59

Schedule 10—Infringement offences for which licensing inspector may serve infringement notice 65

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Endnotes 68

1 General information 68

2 Table of Amendments 70

3 Explanatory details 71

Version No. 002

Tobacco Regulations 2017

S.R. No. 73/2017

Version incorporating amendments as at
1 July 2025

Pt 1 (Heading) inserted by S.R. No. 38/2025 reg. 5.

Part 1—Preliminary

1 Objectives

The main objectives of these Regulations are, for the purposes of the Tobacco Act 1987—

Reg. 1(a) substituted by S.R. No. 38/2025 reg. 6(a).

(a) to prescribe matters necessary for the operation of the tobacco retailer and wholesaler licensing scheme including fees, categories of licence, licensing conditions and information to be included with or accompany applications; and

(b) to prescribe requirements for—

Reg. 1(b)(i) amended by S.R. No. 38/2025 reg. 6(b).

(i) point of sale notices and availability for sale notices about tobacco products; and

Reg. 1(b)(ii) amended by S.R. No. 38/2025 reg. 6(b).

(ii) tickets and labels on, or adjacent to, tobacco products; and

(iii) tickets and labels on or in vending machines; and

(iv) various signs; and

Reg. 1(ba) inserted by S.R. No. 38/2025 reg. 6(c).

(ba) to prescribe offences against the Tobacco Act 1987 for which an infringement notice may be served and the penalties for those offences; and

(c) to prescribe—

(i) acknowledgement of consent forms; and

(ii) other matters or things necessary or required to give effect to that Act.

2 Authorising provision

These Regulations are made under section 43 of the Tobacco Act 1987.

3 Commencement

These Regulations come into operation on 1 August 2017.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

Reg. 5 substituted by S.R. No. 38/2025 reg. 7.

5 Definitions

In these Regulations—

director ID means a director identification number issued by Australian Business Registry Services;

externally-administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;

good behaviour bond means—

(a) in relation to an offence committed in Victoria, an order under Subdivision (2) or (3) of Division 1 of Part 3BA of the Sentencing Act 1991 for the release of an offender on an adjournment (with or without recording a conviction); or

(b) in relation to an offence committed outside Victoria, an equivalent order to an order described in paragraph (a);

initial licensing period has the same meaning as in section 48(3) of the Act;

liquor licence means a licence granted under the Liquor Control Reform Act 1998;

overseas retailer means a retailer of tobacco products who is located outside Australia;

overseas wholesaler means a wholesaler of tobacco products who is located outside Australia;

permitted Australian retailer means a supplier of tobacco products, whether located in Victoria or elsewhere in Australia, who at the time of supplying tobacco products—

(a) holds a licence authorising the supplier to sell tobacco products by retail, if the jurisdiction in which the supplier's tobacco supply business is located requires the supplier to hold a licence to sell tobacco products by retail; or

(b) is not required, in the jurisdiction in which the supplier's tobacco supply business is located, to hold a licence authorising the supplier to sell tobacco products by retail;

permitted Australian wholesaler means a supplier of tobacco products, whether located in Victoria or elsewhere in Australia, who at the time of supplying tobacco products—

(a) holds a licence authorising the supplier to sell tobacco products by wholesale, if the jurisdiction in which the supplier's tobacco supply business is located requires the supplier to hold a licence to sell tobacco products by wholesale; or

(b) is not required, in the jurisdiction in which the supplier's tobacco supply business is located, to hold a licence authorising the supplier to sell tobacco products by wholesale;

the Act means the Tobacco Act 1987;

Reg. 6 substituted by S.R. No. 38/2025 reg. 8.

6 Definition of *illicit tobacco*

For the purposes of paragraph (c) of the definition of illicit tobacco in section 3 of the Act, the prescribed laws are—

(a) the Excise Act 1901 of the Commonwealth; and

(b) the Customs Act 1901 of the Commonwealth.

Pt 2 (Heading) inserted by S.R. No. 38/2025 reg. 9.

Part 2—Controls relating to tobacco products

Reg. 7 (Heading) amended by S.R. No. 38/2025 reg. 10.

7 Point of sale notices at on‑airport duty free shops and wholesale outlets—tobacco products

(1) For the purposes of section 6(3)(ca) of the Act, the prescribed requirements for a notice about tobacco products are—

(a) the size of the notice is not greater than 1·5 metres by 1·5 metres; and

(b) the information contained in the notice—

(i) includes one or more of the following—

(A) the product lines usually available for sale;

(B) the product flavours;

(C) the pack numbers;

(D) the product prices; and

(ii) does not contain any of the following—

(A) discount price information;

(B) any other information designed to identify a product as discounted; and

(c) the manner in which the information is set out in the notice is as follows—

(i) the letters and numbers have a width not greater than 1·5 centimetres and a height not greater than 2·1 centimetres;

(ii) in the case of printed letters and numbers, the letters and numbers are printed in the same font, font size and font style;

(iii) the letters and numbers are printed or written in black or white or in not more than 4 colours, with no colour being fluorescent;

(iv) the information relating to one particular product is not depicted so as to be more distinctive than the information relating to another product;

(v) the information is not more distinctive than the information contained in tickets or labels used within the premises;

(vi) the information concerning price is printed or written only on one side of the notice;

(vii) the information concerning price is not highlighted by any artificial lighting greater than that used throughout the premises; and

(d) the form in which the notice is displayed is as follows—

(i) the notice is displayed with a sign that complies with subregulation (2);

(ii) the sign is displayed on, or immediately adjacent to, the notice.

(2) For the purposes of subregulation (1)(d)(i) the sign must—

(a) be at least 21 centimetres in height by 29·7 centimetres in width; and

(b) include one of the graphics referred to in Column 1 of the Table in Schedule 2 and that graphic must—

(i) be printed in colour; and

(ii) have a width not less than 29·7 centimetres and a height
not less than 11·9 centimetres; and

(c) include the statement set out in Column 2 of the Table in Schedule 2 that corresponds to the graphic, and that statement must be printed or written—

(i) in capital letters; and

(ii) in white lettering on a black background; and

(iii) in the maximum proportionate lettering that can be accommodated within the confines of the notice.

Reg. 8 revoked by S.R. No. 38/2025 reg. 11.

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9 Point of sale notices at retail outlets—tobacco products

(1) For the purposes of section 6(3)(cab) of the Act, the prescribed requirements for a notice about tobacco products are—

(a) the size of the notice is not greater than 1·5 metres by 1·5 metres; and

(b) the information contained in the notice—

(i) includes one or more of the following—

(A) the product lines usually available for sale;

(B) the product flavours;

(C) the pack numbers;

(D) the product prices; and

(ii) does not contain any of the following—

(A) discount price information;

(B) other information designed to identify a product as discounted; and

(c) the manner in which the information is set out in the notice is as follows—

(i) the letters and numbers have a width not greater than 1·5 centimetres and a height not greater than 2·1 centimetres;

(ii) in the case of printed letters and numbers, the letters and numbers are printed in the same font, font size and font style;

(iii) the letters and numbers are printed or written in black or white or in not more than 4 colours, with no colour being fluorescent;

(iv) the information relating to one particular product is not depicted so as to be more distinctive than the information relating to another product;

(v) the information is not more distinctive than the information on tickets or labels used within the premises;

(vi) the information concerning price is printed or written only on one side of the notice;

(vii) the information concerning price is not highlighted by any artificial lighting greater than that used throughout the premises; and

(d) the form in which the notice is displayed is as follows—

(i) the notice is displayed with a sign that complies with subregulation (2);

(ii) the sign is displayed on, or immediately adjacent to, the notice.

(2) For the purposes of subregulation (1)(d)(i) the sign must—

(a) be at least 21 centimetres in height and 29·7 centimetres in width; and

(b) include one of the graphics referred to in Column 1 of the Table in Schedule 2 and that graphic must—

(i) be printed in colour; and

(ii) have a width not less than 29·7 centimetres and a height
not less than 11·9 centimetres; and

(c) include the statement set out in Column 2 of the Table in Schedule 2 that corresponds to the graphic, and that statement must be printed or written—

(i) in capital letters; and

(ii) in white lettering on a black background; and

(iii) in the maximum proportionate lettering that can be accommodated within the confines of the notice.

Reg. 10 revoked by S.R. No. 38/2025 reg. 11.

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Reg. 11 (Heading) amended by S.R. No. 38/2025 reg. 12.

11 Tickets or labels on or adjacent to tobacco products at on-airport duty free shops—tobacco products

For the purposes of section 6(3)(cb) of the Act, the prescribed requirements for tickets and labels on, or adjacent to, immediate packages of tobacco products are—

(a) the size of the ticket or label is not greater than the size of the largest immediate package of the tobacco product on display; and

(b) the information contained in the ticket or label is the price of the product line and any one or more of the following—

(i) the name of the product line;

(ii) the strength of the product line;

(iii) the flavour and the number of items contained in the product line;

(iv) the average weekly sales of the product line;

(v) any identifying category information related to the product line;

(vi) a bar code or a similar identifying code for the product line;

(vii) the country of origin of the product line, including any symbol representing the country of origin; and

(c) the manner in which the information contained in a ticket or label is set out or displayed is as follows—

(i) the letters and numbers have a width not greater than one centimetre and a height not greater than 2·1 centimetres;

(ii) the letters and numbers are printed or written in black or white or in not more than 4 colours, with no colour being fluorescent;

(iii) the information is not more distinctive than tickets or labels used in relation to other goods within the premises;

(iv) the information taken together with the information in one or more other tickets or labels on the premises does not form an image or have a visual effect;

(v) the information is not highlighted by any artificial lighting greater than that used throughout the premises.

Regs 12–14 revoked by S.R. No. 38/2025 reg. 13.

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15 Tickets or labels on or in vending machines

For the purposes of section 6(3)(cc) of the Act, the prescribed requirements for tickets and labels on or in vending machines are—

(a) the size of the ticket or label is not greater than 5 centimetres in width by 7 centimetres in height; and

(b) the information contained in the ticket or label is the price of the product line and any one or more of the following—

(i) the name of the product line;

(ii) the strength of the product line;

(iii) the flavour and the number of items contained in the product line;

(iv) a bar code or a similar identifying code for the product line;

(v) the country of origin of the product line, including any symbol representing the country of origin; and

(c) the manner in which the information contained in the ticket or label is set out or displayed is as follows—

(i) the letters and numbers have a width not greater than one centimetre and a height not greater than 2·1 centimetres;

(ii) the letters and numbers are printed or written in black or white or in not more than 4 colours, with no colour being fluorescent;

(iii) the information taken together with the information contained in one or more other tickets or labels on or in the vending machine does not form an image or have a visual effect.

16 Notices about tobacco products available for sale at retail outlets or wholesale outlets

For the purposes of section 6(3)(d) of the Act, the prescribed requirements for a notice about the availability for sale of tobacco products are—

(a) the size of the notice is not greater than 21 centimetres in width by 29·7 centimetres in height; and

(b) the information contained in the notice is the statement set out in Schedule 3 that is printed or written—

(i) in black on a white background; and

(ii) in the maximum proportionate lettering that can be accommodated within the confines of the notice; and

(c) the manner in which the information contained in the notice is set out or displayed is as follows—

(i) the information is not more distinctive than the information in other notices displayed within the premises; and

(ii) the information is printed or written on only one side of the notice; and

(iii) the information is not highlighted by any artificial lighting greater than that used throughout the premises.

Reg. 17 revoked by S.R. No. 38/2025 reg. 13.

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18 Retail display area

For the purposes of section 6A(7) of the Act, the prescribed area of display is 4 square metres.

Reg. 18A inserted by S.R. No. 38/2025 reg. 14.

18A Definition of *commercial quantity*

For the purposes of the definition of commercial quantity in section 11A(6) of the Act, a commercial quantity of tobacco is a quantity of at least—

(a) 50 grams of loose tobacco; or

(b) 50 cigarettes.

19 Tobacco retailing businesses—health warning and cessation of smoking signage

(1) For the purposes of section 15C(1)(a) and (2) of the Act, the prescribed requirements for a health warning sign are—

(a) the sign is not less than 29·7 centimetres by 42 centimetres; and

(b) the sign contains one of the statements set out in Part 1 of Schedule 5 and is printed or written—

(i) in black on a white background; and

(ii) in the maximum proportionate lettering that can be accommodated within the confines of the sign; and

(c) the sign must be displayed in a manner that ensures that it is clearly visible—

(i) at an entrance to the premises; or

(ii) at a point of sale on the premises.

(2) For the purposes of section 15C(1)(b) and (2) of the Act, the prescribed requirements for a sign relating to programs assisting in the cessation of smoking are that—

(a) the sign is not less than 29·7 centimetres by 42 centimetres; and

(b) the sign contains the statement set out in Part 2 of Schedule 5 and is printed or written—

(i) in black on a white background; and

(ii) in the maximum proportionate lettering that can be accommodated within the confines of the sign; and

(c) the sign is displayed in a manner that ensures that it is clearly visible—

(i) at an entrance to the premises; or

(ii) at a point of sale on the premises.

20 Retail outlets—prohibition of sale of tobacco products to minors sign

(1) For the purposes of section 15C(3) of the Act, the prescribed sign relating to the prohibition of the sale of tobacco products to persons under the age of 18 years is the sign set out in Schedule 6.

(2) The prescribed sign must be—

(a) printed with a blue background and white lettering; and

(b) at least 21 centimetres in width and 29·7 centimetres in height; and

(c) displayed in a manner that ensures
that it is clearly visible—

(i) at an entrance to the premises; or

(ii) at a point of sale on the premises.

(3) Nothing in this regulation prohibits the use of a sign, in addition to the prescribed sign, that conveys by way of graphics, pictures, symbols or text a message about the prohibition of the sale of tobacco products to persons under the age of 18 years.

Pt 3 (Headings and regs 20A–20J) inserted by S.R. No. 38/2025 reg. 15.

Part 3—Tobacco retailer and wholesaler licensing scheme

Division 1—Information to be included in or accompany licensing applications

Reg. 20A inserted by S.R. No. 38/2025 reg. 15.

20A Information to be included in or accompany licence application

(1) For the purposes of section 34A(1)(d) of the Act, the prescribed information to be included in or accompany a licence application is the following—

(a) if the applicant is a body corporate—

(i) the Australian Company Number of the applicant (if applicable); and

(ii) if the applicant is—

(A) a company registered under the Corporations Act, a copy of a current and historical company extract from the records maintained by the Australian Securities and Investments Commission dated within 90 days before the date of the application; or

(B) a body corporate that is not a company registered under the Corporations Act, evidence of incorporation of the body corporate; and

(iii) the full name, email address and telephone number of a person nominated by the applicant who may be contacted by the Regulator in relation to the application; and

(iv) the director ID of each director of the applicant (if applicable);

(b) the Australian Business Number of the applicant (if applicable);

(c) if the applicant is applying on behalf of a partnership, the partnership name;

(d) details of the proposed licensed tobacco premises, including—

(i) the address of the premises; and

(ii) if the applicant is not the owner of the premises, the full name, telephone number, postal address and email address of the owner of the premises, or of a person who may be contacted on behalf of the owner; and

(iii) the position title, email address and telephone number of a person who may be contacted by the Regulator in relation to the premises; and

(iv) any other shop or business names associated with the premises; and

Example

Any name other than the applicant's name that is or will be displayed on the premises or used by the applicant for the purpose of identifying or drawing attention to the applicant's tobacco supply business at the premises.

(v) the details of any liquor licence granted in respect of the premises;

(e) if the applicant, or if the applicant is a natural person applying on behalf of a partnership, any partner in the partnership, or if the applicant is a body corporate, the applicant or any director of the applicant, owns or carries on a tobacco supply business in Australia (other than the tobacco supply business that is the subject of the licence application), the following details in relation to that business—

(i) the business name and Australian Business Number or Australian Company Number (as applicable) of the tobacco supply business;

(ii) the state or territory in which the tobacco supply business is carried on;

(iii) details of any licence under which the tobacco supply business is carried on;

(f) information about the tobacco supply business to be carried on under the licence, including—

(i) the nature and scope of the tobacco supply business; and

Example

Information about the proposed licensed tobacco premises (e.g. wholesale distribution centre, tobacconist, convenience store, supermarket), information about the proposed manner of sale (e.g. online, vending machine).

(ii) the tobacco products intended to be sold; and

(iii) the address of any Internet site maintained or social media platform used for the purposes of carrying on the tobacco supply business;

(g) whether the applicant, or if the applicant is applying on behalf of a partnership, any partner in the partnership, or if the applicant is a body corporate, the applicant or any director of the applicant, has, within the 5 years preceding the date of the licence application, been found guilty of any offence by any court (whether in Australia or overseas), including a finding of guilt—

(i) in respect of which a conviction was not recorded; or

(ii) in respect of which the applicant, partner or director received a good behaviour bond; and

(ii) if the applicant, partner or director declares a finding of guilt for the purposes of subparagraph (i), the date, court, offence and outcome;

(h) whether the applicant, or if the applicant is applying on behalf of a partnership, any partner in the partnership, or if the applicant is a body corporate, the applicant or any director of the applicant, has, within the 5 years preceding the date of the licence application, been charged with an offence which has not been finally determined, and if so, details of the charge, including the date and the alleged offence;

(i) whether the applicant, or if the applicant is applying on behalf of a partnership, any partner in the partnership, or if the applicant is a body corporate, the applicant or any director of the applicant, has ever been issued with an infringement notice under the Act or a corresponding law;

(j) whether the applicant, or if the applicant is applying on behalf of a partnership, any partner in the partnership, or if the applicant is a body corporate, the applicant or any director of the applicant—

(i) is currently or has ever been disqualified from holding, or found unsuitable to hold, a licence permitting the applicant, partner or director to sell tobacco products in another Australian state or territory, and if so, the state or territory in which the applicant, partner or director is or was disqualified or found unsuitable; and

(ii) has ever applied for a licence permitting the applicant, partner or director to sell tobacco products in another Australian state or territory, and if so, whether that application was approved or refused, and if the application was refused, the reasons for refusal; and

(iii) holds a licence permitting the applicant, partner or director to sell tobacco products in another Australian state or territory, and if so, whether the licence is currently or has ever been suspended, and the reasons for the suspension; and

(iv) has ever previously held a licence permitting the applicant, partner or director to sell tobacco products in another Australian state or territory, and if so—

(A) the state or territory in which the licence was issued; and

(B) whether the licence was ever suspended or cancelled, and if so, the reasons for the suspension or cancellation;

(k) whether the applicant is or at any time has been an insolvent under administration or an externally‑administered body corporate;

(l) if the applicant is applying on behalf of a partnership, whether any partner in the partnership has been an insolvent under administration;

(m) if the applicant is a body corporate, whether any director of the applicant has been an insolvent under administration;

(n) whether the applicant, or if the applicant is applying on behalf of a partnership, any partner in the partnership, or if the applicant is a body corporate, the applicant or any director of the applicant, is currently or has ever been disqualified by the Australian Securities and Investments Commission from acting as a director;

(o) whether a body corporate of which the applicant, or if the applicant is applying on behalf of a partnership, of which any partner in the partnership, or if the applicant is a body corporate, of which the applicant or any director of the applicant, is or has ever been a director, is or has ever been an externally-administered body corporate.

(2) Despite subregulation (1), if at the time of making a licence application the applicant already holds a licence, the prescribed information to be included in or accompany the licence application is the following—

(a) details of the proposed licensed tobacco premises, including—

(i) the address of the premises; and

(ii) if the applicant is not the owner of the premises, the full name, telephone number, postal address and email address of the owner of the premises, or of a person who may be contacted on behalf of the owner; and

(iii) the position title, email address and telephone number of a person who may be contacted by the Regulator in relation to the premises; and

(iv) any other shop or business names associated with the premises; and

Example

Any name other than the applicant's name that is or will be displayed on the premises or used by the applicant for the purpose of identifying or drawing attention to the applicant's tobacco supply business at the premises.

(v) the details of any liquor licence granted in respect of the premises;

(b) information about the tobacco supply business to be carried on under the licence, including—

(i) the nature and scope of the tobacco supply business; and

Example

Information about the proposed licensed tobacco premises (e.g. wholesale distribution centre, tobacconist, convenience store, supermarket), information about the proposed manner of sale (e.g. online, vending machine).

(ii) the tobacco products intended to be sold; and

(iii) the address of any Internet site maintained or social media platform used for the purposes of carrying on the tobacco supply business;

(c) a declaration that all matters specified in subregulation (1), except for the matters specified in subregulation (1)(d) and (f), remain the same, or if not, details of the changes.

Reg. 20B inserted by S.R. No. 38/2025 reg. 15.

20B Information to be included in or accompany application for variation of licence

For the purposes of section 34B(3)(b) of the Act, the prescribed information to be included in or accompany an application for variation of a licence is the following—

(a) if the application is made by the Chief Commissioner of Police, the full name, postal address, email address and telephone number of the person who may be contacted by the Regulator in relation to the application;

(b) the licence number of the licence to be varied;

(c) the address of the licensed tobacco premises;

(d) details of the variation sought and the reasons for requesting the variation;

(e) if the application is being submitted by a licensee and proposed transferee jointly, a declaration by the licensee and proposed transferee authorising the joint application.

Reg. 20C inserted by S.R. No. 38/2025 reg. 15.

20C Information to be included in or accompany relocation application

For the purposes of section 34H(2)(c) of the Act, the prescribed information to be included in or accompany a relocation application is details of the proposed new licensed tobacco premises, including—

(a) the address of the premises; and

(b) if the licensee is not the owner of the premises, the full name, telephone number, postal address and email address of the owner of the premises, or of a person who may be contacted on behalf of the owner; and

(c) the position title, email address and telephone number of a person who may be contacted by the Regulator in relation to the premises; and

(d) information about the tobacco supply business to be carried on under the licence, including—

(i) the nature and scope of the tobacco supply business; and

Example

Information about the proposed new licensed tobacco premises (e.g. wholesale distribution centre, tobacconist, convenience store, supermarket), information about the proposed manner of sale (e.g. online, vending machine).

(ii) the tobacco products intended to be sold; and

(iii) the address of any Internet site maintained or social media platform used for the purposes of carrying on the tobacco supply business; and

(e) any other shop or business names associated with the premises; and

Example

Any name other than the licensee's name that is or will be displayed on the premises or used by the licensee for the purpose of identifying or drawing attention to the licensee's tobacco supply business at the premises.

(f) the details of any liquor licence granted in respect of the premises.

Reg. 20D inserted by S.R. No. 38/2025 reg. 15.

20D Information to be included in or accompany transfer application

For the purposes of section 34I(2)(c) of the Act, the prescribed information to be included in or accompany a transfer application is the following—

(a) if the proposed transferee is a body corporate—

(i) the Australian Company Number of the proposed transferee (if applicable); and

(ii) if the proposed transferee is—

(A) a company registered under the Corporations Act, a copy of a current and historical company extract from the records maintained by the Australian Securities and Investments Commission dated within 90 days before the date of the application; or

(B) a body corporate that is not a company registered under the Corporations Act, evidence of incorporation of the body corporate; and

(iii) the full name, email address and telephone number of a person nominated by the proposed transferee who may be contacted by the Regulator in relation to the application; and

(iv) the director ID of each director of the proposed transferee (if applicable);

(b) the Australian Business Number of the proposed transferee (if applicable);

(c) if the proposed transferee is applying on behalf of a partnership, the partnership name;

(d) if the proposed transferee, or if the proposed transferee is applying on behalf of a partnership, any partner in the partnership, or if the proposed transferee is a body corporate, the proposed transferee or any director of the proposed transferee, owns or carries on a tobacco supply business in Australia (other than the tobacco supply business that is carried on under the licence), the following details in relation to that business—

(i) the business name and Australian Business Number or Australian Company Number (as applicable) of the tobacco supply business;

(ii) the state or territory in which the tobacco supply business is carried on;

(iii) details of any licence under which the tobacco supply business is carried on;

(e) whether the proposed transferee, or if the proposed transferee is applying on behalf of a partnership, any partner in the partnership, or if the proposed transferee is a body corporate, the proposed transferee or any director of the proposed transferee, has, within the 5 years preceding the date of the transfer application, been found guilty of any offence by any court (whether in Australia or overseas), including a finding of guilt—

(i) in respect of which a conviction was not recorded; or

(ii) in respect of which the proposed transferee, partner or director received a good behaviour bond; and

(iii) if the proposed transferee, partner or director declares a finding of guilt for the purposes of subparagraph (i), the date, court, offence and outcome;

(f) whether the proposed transferee, or if the proposed transferee is applying on behalf of a partnership, any partner in the partnership, or if the proposed transferee is a body corporate, the proposed transferee or any director of the proposed transferee, has, within the 5 years preceding the date of the transfer application, been charged with an offence which has not been finally determined, and if so, details of the charge, including the date and the alleged offence;

(g) whether the proposed transferee, or if the proposed transferee is applying on behalf of a partnership, any partner in the partnership, or if the proposed transferee is a body corporate, the proposed transferee or any director of the proposed transferee, has ever been issued with an infringement notice under the Act or a corresponding law;

(h) whether the proposed transferee, or if the proposed transferee is applying on behalf of a partnership, any partner in the partnership, or if the proposed transferee is a body corporate, the proposed transferee or any director of the proposed transferee—

(i) is currently or has ever been disqualified from holding, or found unsuitable to hold, a licence permitting the proposed transferee, partner or director to sell tobacco products in another Australian state or territory, and if so, the state or territory in which the proposed transferee, partner or director is or was disqualified or found unsuitable; and

(ii) has ever applied for a licence permitting the proposed transferee, partner or director to sell tobacco products in another Australian state or territory, and if so, whether that application was approved or refused, and if the application was refused, the reasons for refusal; and

(iii) holds a licence permitting the proposed transferee, partner or director to sell tobacco products in another Australian state or territory, and if so, whether the licence is currently or has ever been suspended, and the reasons for the suspension; and

(iv) has ever previously held a licence permitting the proposed transferee, partner or director to sell tobacco products in another Australian state or territory, and if so—

(A) the state or territory in which the licence was issued; and

(B) whether the licence was ever suspended or cancelled, and if so, the reasons for the suspension or cancellation;

(i) whether the proposed transferee is or at any time has been an insolvent under administration or an externally-administered body corporate;

(j) if the proposed transferee is applying on behalf of a partnership, whether any partner in the partnership has been an insolvent under administration;

(k) if the proposed transferee is a body corporate, whether any director of the proposed transferee has been an insolvent under administration;

(l) whether the proposed transferee, or if the proposed transferee is applying on behalf of a partnership, any partner in the partnership, or if the proposed transferee is a body corporate, the proposed transferee or any director of the proposed transferee, is currently or has ever been disqualified by the Australian Securities and Investments Commission from acting as a director;

(m) whether a body corporate of which the proposed transferee, or if the proposed transferee is applying on behalf of a partnership, of which any partner in the partnership, or if the proposed transferee is a body corporate, of which the proposed transferee or any director of the proposed transferee, is or has ever been a director, is or has ever been an externally-administered body corporate.

Reg. 20E inserted by S.R. No. 38/2025 reg. 15.

20E Information to be included in or accompany application to suspend or cancel licence

(1) For the purposes of section 34L(3)(b) of the Act, the prescribed information to be included in or accompany an application by a licensee or the Chief Commissioner of Police under section 34L(1)(a) or (b) of the Act to suspend or cancel a licence is the following—

(a) if the application is made by the licensee, the full name, postal address, email address and telephone number of the licensee;

(b) if the application is made by the Chief Commissioner of Police, the full name, postal address, email address and telephone number of the person who may be contacted by the Regulator in relation to the application;

(c) the licence number of the licence to be suspended or cancelled;

(d) the address of the licensed tobacco premises;

(e) a statement specifying—

(i) that the applicant seeks to suspend or cancel the licence; and

(ii) the reasons that suspension or cancellation of the licence is sought.

(2) For the purposes of section 34L(3)(b) of the Act, the prescribed information to be included in or accompany an application by an owner or mortgagee of licensed tobacco premises under section 34L(1)(c) or (d) of the Act to suspend or cancel a licence is the following—

(a) the full name, postal address, email address and telephone number of the applicant;

(b) the full name, postal address, email address and telephone number of the licensee;

(c) the licence number of the licence to be suspended or cancelled;

(d) a statement specifying—

(i) that the applicant is—

(A) an owner of the licensed tobacco premises who is in lawful possession of the licensed tobacco premises; or

(B) a mortgagee of the licensed tobacco premises who is in lawful possession of the licensed tobacco premises; and

(ii) the ground or grounds in section 34L(2) of the Act that applies to the application;

(e) evidence supporting the ground or grounds specified for the purposes of paragraph (d)(ii).

Reg. 20F inserted by S.R. No. 38/2025 reg. 15.

20F Information to be included in or accompany renewal application

For the purposes of section 34ZS(2)(b) of the Act, the prescribed information to be included in or accompany a renewal application is the following—

(a) a declaration by the licensee that all matters specified in the licensee's licence application, or the licensee's most recent renewal application (whichever is more recent) remain true and correct, or if not, details of the changes;

(b) a copy of the licensee's records kept under regulation 20I(1)(g) or 20I(2)(i) (as applicable) in respect of the calendar year immediately preceding the renewal application.

Division 2—Fees

Reg. 20G inserted by S.R. No. 38/2025 reg. 15.

20G Prescribed fees—licensing applications

The prescribed fee payable in respect of an application described in Column 2 of an item in the Table, is the amount specified in Column 3 of that item.

Table

Division 3—Licence categories and conditions

Reg. 20H inserted by S.R. No. 38/2025 reg. 15.

20H Prescribed licence categories

For the purposes of section 34ZC(3) of the Act, the prescribed categories of licence are—

(a) retailer; and

(b) wholesaler.

Reg. 20I inserted by S.R. No. 38/2025 reg. 15.

20I Prescribed licence conditions

(1) For the purposes of section 34ZD(4) of the Act, the following conditions are prescribed for a retail licence—

(a) the licensee must purchase tobacco products only from a permitted Australian wholesaler or an overseas wholesaler;

(b) before purchasing tobacco products from a permitted Australian wholesaler who is required to be licensed, the licensee must check that the wholesaler holds a current licence;

(c) despite paragraph (a)—

(i) the licensee may purchase tobacco products from a wholesaler located in Victoria if the wholesaler has applied for a licence before the commencement of Division 1 of Part 3AA of the Act, but the application has not been finally determined; and

(ii) the licensee may accept, as evidence of the wholesaler's licence application, the Regulator's written confirmation of the application;

(d) on and from 1 January 2027, the licensee must not allow a person under the age of 18 years to supply tobacco products under the licence;

(e) the licensee must keep the following records of the licensee's purchases of tobacco products from a permitted Australian wholesaler for a minimum period of 2 years after the invoice is issued by the permitted Australian wholesaler—

(i) a copy of the invoice;

(ii) the date of the supply of the tobacco products;

(iii) the brand name, type, variant and quantity of the tobacco products supplied;

(iv) the permitted Australian wholesaler's licence number (if applicable);

(v) the permitted Australian wholesaler's business name, company name, address, telephone number, email address and Australian Business Number or Australian Company Number (as applicable);

(f) the licensee must keep the following records of the licensee's purchases of tobacco products from an overseas wholesaler for a minimum period of 2 years after the invoice is issued by the overseas wholesaler—

(i) a copy of the invoice;

(ii) the name, business name, postal address, telephone number and email address of the overseas wholesaler;

(iii) proof of the legal importation of the tobacco products;

(iv) taxation or excise payments;

(v) the date of the supply of the tobacco products;

(vi) the brand name, type, variant and quantity of the tobacco products supplied;

(g) the licensee must keep a record of the number and type of tobacco products purchased and sold each month; and

(h) the licensee must keep a list of the addresses of any premises used for the storage and distribution of tobacco products;

(i) the licensee must provide a record or list kept under paragraph (e), (f), (g) or (h) to the Regulator on request.

(2) For the purposes of section 34ZD(4) of the Act, the following conditions are prescribed for a wholesaler licence—

(a) the licensee must purchase tobacco products only from—

(i) a permitted Australian wholesaler; or

(ii) an overseas wholesaler;

(b) the licensee must sell tobacco products only to—

(i) a permitted Australian retailer; or

(ii) a permitted Australian wholesaler; or

(iii) an overseas retailer; or

(iv) an overseas wholesaler;

(c) before purchasing tobacco products from a permitted Australian wholesaler, or selling tobacco products to a permitted Australian retailer or wholesaler, who is required to be licensed, the licensee must check that the wholesaler or retailer holds a current licence;

(d) despite paragraphs (a)(i), (b)(i) and (b)(ii)—

(i) the licensee may purchase tobacco products from a wholesaler, or sell tobacco products to a wholesaler or retailer, located in Victoria if the wholesaler or retailer has applied for a licence before the commencement of Division 1AA of Part 3AA of the Act, but the application has not been finally determined; and

(ii) the licensee may accept, as evidence of the wholesaler's or retailer's licence application, the Regulator's written confirmation of the application;

(e) the licensee must issue an invoice in respect of each sale of tobacco products, in English, with the following details visible—

(i) a unique identifier;

(ii) the date of the supply of the tobacco products;

(iii) the brand name, type, variant and quantity of the tobacco products supplied;

(iv) the licence number, business name, postal address, telephone number, email address and Australian Business Number or Australian Company Number (as applicable) of the tobacco supply business to whom the tobacco products are supplied;

(v) the licensee's licence number, business name, postal address, telephone number, email address and Australian Business Number or Australian Company Number (as applicable);

(f) the licensee must retain a copy of each invoice issued under paragraph (e) for a minimum period of 2 years after issuing the invoice;

(g) the licensee must keep the following records of the licensee's purchases of tobacco products from a permitted Australian wholesaler for a minimum period of 2 years after the invoice is issued by the permitted Australian wholesaler—

(i) a copy of the invoice;

(ii) the date of the supply of the tobacco products;

(iii) the brand name, type, variant and quantity of the tobacco products supplied;

(iv) the permitted Australian wholesaler's licence number (if applicable);

(v) the permitted Australian wholesaler's business name, company name, postal address, telephone number, email address, and Australian Business Number or Australian Company Number (as applicable);

(h) the licensee must keep the following records of the licensee's purchases of tobacco products from an overseas wholesaler for a minimum period of 2 years after the invoice is issued by the overseas wholesaler—

(i) a copy of the invoice;

(ii) the name, business name, postal address, telephone number and email address of the overseas retailer or the overseas wholesaler;

(iii) proof of the legal importation of the tobacco products;

(iv) taxation or excise payments;

(v) the date of the supply of the tobacco products;

(vi) the brand name, type, variant and quantity of the tobacco products supplied;

(i) the licensee must keep a record of the number and type of tobacco products purchased and sold each month;

(j) the licensee must keep a list of the addresses of any premises used for the storage and distribution of tobacco products;

(k) the licensee must provide a copy of an invoice or a record or a list kept under paragraph (f), (g), (h), (i) or (j) to the Regulator on request.

Division 4—Register of Licensed Tobacco Suppliers

Reg. 20J inserted by S.R. No. 38/2025 reg. 15.

20J Register of Licensed Tobacco Suppliers—prescribed information

For the purposes of section 34ZV(2)(d) of the Act, the prescribed information to be included in the Register of Licensed Tobacco Suppliers is any name other than the name referred to in section 34ZV(2)(a) that is associated with the shop or premises.

Example

Any name other than the licensee's name that is or will be displayed on the premises or used by the licensee for the purpose of identifying or drawing attention to the licensee's tobacco supply business at the premises.

Pt 4 (Heading) inserted by S.R. No. 38/2025 reg. 16.

Part 4—Enforcement

Reg. 21 (Heading) substituted by S.R. No. 38/2025 reg. 17.

21 Acknowledgement of consent under Part 3A

(1) For the purposes of section 36D(3) of the Act, the prescribed form of acknowledgement of consent by an occupier of premises to an entry and search of the premises and the seizure or taking of anything during the search is Form 1 in Schedule 7.

(2) For the purposes of section 36EA(5) of the Act, the prescribed form of acknowledgement of consent by an occupier of premises to an entry and inspection of the premises is Form 2 in Schedule 7.

Reg. 22 inserted by S.R. No. 38/2025 reg. 18.

22 Acknowledgement of consent under Part 3AAB

For the purposes of section 35J(2) of the Act, the prescribed form of acknowledgement of consent by an occupier or owner of premises to entry of the premises or seizure of a thing from the premises is Form 3 in Schedule 7.

Reg. 23 inserted by S.R. No. 38/2025 reg. 18.

23 Infringement offences and penalties—infringement notices that may be served by a police officer

(1) For the purposes of section 38(1) of the Act, an offence specified in Column 2 of an item in the table in Schedule 8 is prescribed as an infringement offence for which a police officer may serve an infringement notice.

(2) For the purposes of section 38(5) of the Act, the prescribed infringement penalty for an infringement offence prescribed under subregulation (1) is the penalty set out in the corresponding entry of Column 3 of the table in Schedule 8 in respect of that infringement offence.

Reg. 24 inserted by S.R. No. 38/2025 reg. 18.

24 Infringement offences and penalties—infringement notices that may be served by an inspector

(1) For the purposes of section 38(2) of the Act, an offence specified in Column 2 of an item in the table in Schedule 9 is prescribed as an infringement offence for which an inspector may serve an infringement notice.

(2) For the purposes of section 38(5) of the Act, the prescribed infringement penalty for an infringement offence prescribed under subregulation (1) is the penalty set out in the corresponding entry of Column 3 of the table in Schedule 9 in respect of that infringement offence.

Reg. 25 inserted by S.R. No. 38/2025 reg. 18.

25 Infringement offences and penalties—infringement notices that may be served by a licensing inspector

(1) For the purposes of section 38(3) of the Act, an offence specified in Column 2 of an item in the table in Schedule 10 is prescribed as an infringement offence for which a licensing inspector may serve an infringement notice.

(2) For the purposes of section 38(5) of the Act, the prescribed infringement penalty for an infringement offence prescribed under subregulation (1) is the penalty set out in the corresponding entry of Column 3 of the table in Schedule 10 in respect of that infringement offence.

Schedule 1—Regulations revoked

Regulation 4

Schedule 2—Graphic health warnings for retail outlet point of sale notices

Regulations 7(2) and 9(2)

Table

Schedule 3—Statement for retail and wholesale outlet notices about tobacco products available for sale

Regulation 16

11548_1008008 Tobacco Sign

Sch. 4 revoked by S.R. No. 38/2025 reg. 19.

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Schedule 5—Health warning signs and cessation of smoking programs

Part 1—Statements for retail outlet health warning signs

Regulation 19(1)

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Part 2—Retail outlet sign relating to programs assisting in the cessation of smoking

Regulation 19(2)

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Schedule 6—Prohibition of the sale of tobacco products to minors sign

Regulation 20

11548_1008008 U18S Sign

Sch. 7 amended by S.R. No. 38/2025 reg. 20.

Schedule 7—Forms

Form 1

Regulation 21(1)

Tobacco Act 1987 (section 36D(3))

Entry, search, seizure and taking acknowledgement of consent

Name of inspector:

Details of premises:

Name of occupier:

Address:

Consent to entry and search:

Purpose of entry and search:

Statement of occupier—

• The inspector has informed me of the purpose of the search.

• I have been informed that I may refuse consent to the entry and search of the premises.

• I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings.

• I consent to the entry and search of the premises.

Signature of occupier: Date: Time:

Consent to seizure and taking:

Items to be seized:

Statement of occupier:

I consent to the seizure and taking of any items listed.

Signature of occupier: Date: Time:

Form 2

Regulation 21(2)

Tobacco Act 1987 (section 36EA(5))

Entry and inspection acknowledgement of occupier's consent

Name of inspector:

Details of premises:

Name of occupier:

Address:

Consent to entry and inspection:

Purpose of entry and inspection:

Statement of occupier—

• The inspector has informed me of the purpose of the inspection.

• I have been informed that I may refuse to give consent to the entry and inspection.

• I consent to entry and inspection of the premises.

Signature of occupier: Date: Time:

form 3

Regulation 22

Tobacco Act 1987 (section 35J(2))

ENTRY, SEARCH, SEIZURE AND TAKING ACKNOWLEDGEMENT OF CONSENT—LICENSING INSPECTOR

Name of licensing inspector:

Details of premises:

Name of occupier/owner:

Address of premises:

Consent to entry

Purpose of entry and search:

Statement of occupier/owner—

• The licensing inspector has informed me of the purpose of the entry.

• I have been informed that I may refuse consent to the entry of the premises.

• I have been informed that anything seized or taken with my consent may be used in evidence in proceedings.

• I consent to the entry to the premises.

Signature of occupier/owner: Date: Time:

Consent to seizure and taking

Items to be seized:

Statement of occupier/owner:

I consent to the seizure and taking of any items listed.

Signature of occupier/owner: Date: Time:

Sch. 8 inserted by S.R. No. 38/2025 reg. 21.

Schedule 8—Offences for which police officer may serve infringement notice

Regulation 23

Sch. 9 inserted by S.R. No. 38/2025 reg. 21.

Schedule 9—Infringement offences for which inspector may serve infringement notice

Regulation 24

Sch. 10 inserted by S.R. No. 38/2025 reg. 21.

Schedule 10—Infringement offences for which licensing inspector may serve infringement notice

Regulation 25

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Tobacco Regulations 2017, S.R. No. 73/2017 were made on 11 July 2017 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council under section 43 of the Tobacco Act 1987, No. 81/1987 and came into operation on 1 August 2017: regulation 3.

The Tobacco Regulations 2017 will sunset 10 years after the day of making on 11 July 2027 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Tobacco Regulations 2017 by statutory rules, subordinate instruments and Acts.

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Tobacco Amendment (Retailer and Wholesaler Licensing Scheme) Regulations 2025, S.R. No. 38/2025

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3 Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in S.R. No. 73/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.