The way in which tobacco products are displayed in retail stores influences smoking rates and promotes smoking as a normal everyday behaviour.
Retailer obligations
The WHO Framework Convention on Tobacco Control articles ‘Tobacco advertising, promotion and sponsorship’ (Art 13) and ‘Sales to and by minors’ (Art 16) are relevant to Australia’s obligations to regulate the retail sale of tobacco products.
The way in which tobacco products are displayed in retail stores influences smoking rates and promotes smoking as a normal everyday behaviour. The retail displays of tobacco products raise the visibility of tobacco products and create an impression that cigarettes are far more popular than they really are. This in turn:
increases the likelihood that young people will start smoking
encourages people who smoke to buy more tobacco products
makes it harder for quitters to stay quit.
The point-of-sale display bans have been in place since 1 January 2011, and are intended to:
remove the visual cues of tobacco to smokers at points-of-sale
reduce the number of young people starting smoking and encourage and support people who smoke to stop smoking or to smoke less
continue to send the message that tobacco is a not a normal, everyday, harmless product.
For further information, see Tobacco in Australia: Facts and Issues, Chapter 11.9 on Tobacco display as advertising.
Current regulation in Victoria
Rules for retailers selling tobacco in Victoria are set out in the Tobacco Act 1987 (Vic) and accompanying regulations. The Department of Health has issued a Retailer’s Guide to Tobacco which summarises the rules. Areas covered include:
point-of-sale display bans and rules for price boards;
the ban on selling tobacco to people under the age of 18;
signage requirements;
the ban on selling cigarettes in packets of less than 20;
bans on selling from temporary mobile structures, outlets set up for specific purposes (such as the Grand Prix or Big Day Out) and the mobile selling of tobacco (products carried on the person);
vending machine location and display requirements;
bans on including tobacco in shopper loyalty schemes and providing discounts or other benefits with the purchase of tobacco/ designed to promote the sale of tobacco;
bans on selling tobacco products or products resembling tobacco products that have been specifically banned by the Minister (via notices in the Victorian Government Gazette) – for example cigarettes that are fruity, sweet or confectionary flavoured.
For further information on the obligations of retailers generally, see the Victorian Government website for tobacco retailers.
Retailers selling electronic cigarettes
On 13 October 2016, the Victorian Parliament passed the Tobacco Amendment Act 2016. The Act contained a number of amendments to the Tobacco Act 1987. These amendments extended the existing rules for retailers relating to tobacco products, so that those rules also apply to retailers selling electronic cigarettes.
For further information about the Victorian laws regulating the retail sale of electronic cigarettes, see the Victorian Department of Health website on E-cigarette Reforms.
Specialist tobacconists, specialist e-cigarette retailers & airport duty-free stores
In Victoria, specialist tobacconists, specialist e-cigarette retailers and airport duty-free stores are exempt from certain point-of-sale display bans.
It is no longer possible to apply to become a specialist tobacconist. The certification of new premises as specialist tobacconists ended in Victoria on 1 April 2014. Businesses that were operating on and from 1 September 2016 may be able to apply for certification as a specialist e-cigarette retailing premises, if a number of requirements are satisfied.
Further information regarding the laws that apply to specialist tobacconists and specialist e-cigarette retailers can be found on the Department of Health’s website for retailers.
Making complaints
If you believe that a retailer or other individual is breaching any of the obligations set out above, we encourage you to contact the Tobacco Control Section at the Victorian Department of Health.
Quit Victoria’s position
Quit Victoria, Cancer Council Victoria and the Heart Foundation (Victoria) believe that further restrictions are required in Victoria to remove the last forms of tobacco advertising in retail environments. This includes:
banning price boards from retailer outlets (in line with the ACT and Queensland);
banning all signage at all retail outlets with the exception of the A4 sign 'We don’t sell tobacco to U/18s';
ending all exemptions for point-of-sale display bands for specialist tobacconists; and
introducing a complete ban on the sale of tobacco products via vending machines.