Changes to smoking laws to protect children

In January 2010 new laws in relation to smoking in vehicles carrying children were introduced. A summary of these changes include:

Smoking in vehicles carrying children is now banned
People are not allowed to smoke in a vehicle that is carrying children under 18 years old. This law applies whether or not the vehicle is moving. Police have the power to stop a driver if they reasonably believe that someone is smoking in a vehicle where children are present. The police officer must be able to be identified. The driver may have an excuse if they did not believe that the person who was requiring them to stop was a police officer. Police may require a person to produce evidence of their age if they appear to be under 18.

Penalties
Police can issue an on-the-spot fine of two penalty units to a person smoking in a vehicle where children are present. If the matter is heard in court the maximum penalties are:

• five penalty units for smoking while a passenger under 18 is in the vehicle
• 10 penalty units for failing to stop when required to do so by police.
  

Tobacco bans
Cigarettes must not be sold in vans or tents or other temporary shops, like an ice-cream van, food tent, or other temporary retail outlet. Sale of tobacco at special events like the Melbourne show, Grand Prix or the Big Day Out is also banned. 

The health minister has been given the power to impose bans on tobacco and related products which they believe are aimed at the youth market. The example given by parliament is that a particular brand of cigarettes could be banned if they were fruit flavoured and so likely to be desirable to young people.

Penalties
Penalties have doubled for operators who fail to have proper signage warning patrons about no smoking areas in:

• outdoor dining areas where smoking is banned
• restaurants and cafes
• shopping centres
• bingo halls
• casinos
• licensed premises
• gaming halls.

For some offences, the maximum penalty can be as high as 600 penalty units for a corporation. Penalties have increased for advertising tobacco in theatres and on commercially available DVDs and videos. Corporations can be fined up to 300 penalty units.  Fines have also increased for companies who do not include the required warnings on packets of tobacco products that are sold.

This information was sourced from the Victorian Legal Aid website. For additional information, go to their website or the Media Release from the Department of Human Services website from the links below.