Cigarette sales to minors program
Published on 23 August 2024
In collaboration with the Municipal Association of Victoria and the Department of Health, Frankston City’s Environmental Health team conducts an ongoing tobacco test purchase program to ensure tobacco and e-cigarette retailers comply with the laws prohibiting the sale of tobacco and e-cigarettes to minors.
In April, 34 tobacco and e-cigarette/vape retailers were tested and none were caught selling tobacco and e-cigarette products to children.
This result illustrates the value of Environmental Health’s educational and compliance monitoring approach regarding this critical issue.
Retailers found to be breaking the law risk receiving a $769 infringement notice or prosecution in the Magistrates Court, which could result in fines of up to $23,077 for individuals and $115,300 for companies. Additionally, they risk losing their right to sell tobacco products.
To date this year, the Environmental Health team have conducted 115 educational and enforcement visits at tobacco retailers across Frankston City.
Additionally, the team have investigated 24 referrals from Victoria Police and complaints from the public regarding non-compliance with the Tobacco Act 1987.
Successful illicit tobacco prosecution
Following a significant search warrant execution and seizure of illicit tobacco from a Seaford convenience store in November 2023, Frankston Magistrates Court recently convicted and fined the owner of the convenience store $7,500 and ordered 100 hours community service for serious breaches of the Tobacco Act 1987.
These breaches included the sale of tobacco products subject to a Ministerial Ban Order and possessing large quantities of illicit tobacco.
Our Environmental Health Officers continue to work collaboratively with Victoria Police to feed on-the-ground intelligence to Detectives from Taskforce Lunar, which is targeting the increasing presence of illicit tobacco products in the community and a response to serious and organised crime gangs. Our ongoing, collective actions continue to remove illicit tobacco products from the community and further protect and enhance public health across Frankston.
We encourage members of the community to report any instances of illicit tobacco or e-cigarette sales to Crime Stoppers Victoria on 1800 333 000 or crimestoppers.com.au. Anyone concerned about tobacco retailers selling cigarettes to children should call the Council’s Environmental Health Team on 1300 322 322.
Vaping Reforms
It is now illegal for any retailer that is not a pharmacy to stock, sell or advertise any type of vape or vaping product.
On 1 July 2024, the Therapeutic Goods and Other Legislation amendment (Vaping Reforms) Act 2024 commenced, introducing a single framework that regulates the importation, domestic manufacture, supply, commercial possession and advertising of all vaping goods in Australia. Vapes include vaping substances, devices and accessories, regardless of nicotine content.
The Commonwealth Therapeutic Goods Administration (TGA) is now the regulator responsible for the investigation and control of vapes/e-cigarettes. Council do not have legislative powers to follow up and investigate these matters.
Customers can report any illegal vaping activity and non-compliance directly to the TGA via their website here.