Since its commencement, the Victorian Tobacco Act 1987 has undergone a series of amendments that have significantly expanded no smoking areas. The existing Local Law on smoking is near the end of its 10 years operation and is required to be updated.

We are seeking public feedback on the new draft local law on Smoke Free Areas, which will revoke the current local law.

About the new local law

The new Local Law will provide mechanisms for Council to prescribe areas within the municipality to be smoke-free. The wording in the new Local Law has been simplified and clarification has been added that it is not inconsistent with any applicable Act or regulation, or the Monash Planning Scheme.

With regard to prescribing areas within the municipality to be smoke-free, the draft Local Law provides that when determining a Smoke Free Area Council must have regard to the following factors:

  • the size of the proposed Smoke Free Area
  • the proximity of the proposed Smoke Free Area to a public place, part or all of which is not in a Smoke Free Area
  • the views of any person who is the owner or occupier of any part of the proposed Smoke Free Area
  • the extent and outcome of any community engagement on the proposal to prescribe the Smoke Free Area
  • any benefits to the community which would be achieved by Council prescribing the proposed Smoke Free Area
  • any detriment to the community which would be caused by Council prescribing the proposed Smoke Free Area.

The impacts of the draft Local Law have been evaluated, and are outlined in the Community Impact Statement, which can be downloaded from the document library on this page.

How to provide your feedback

Responses to the draft Local Law Smoke Free Areas must be provided by a written submission in accordance with Section 223 of the Local Government Act 1989.

Submissions must be received before 4.00 pm on 22 March 2021.

Submissions should include your feedback on the proposed Local Law and your reasons for holding that view.

Submissions are not confidential and may be incorporated or summarised (including your first and last name only) into the agenda and minutes of any Council or Committee meeting that considers the Local Law. These documents will be published and publicly available on Council websites.

Step 1. Review the Draft Local Law

Step 2. Submit feedback - sign up or login first

There are two ways to make your submission.

1. Complete the submission form online below, by clicking on 'Sign Up' or Login' in the 'Join the conversation today' box below, then complete the submission form.

2. Post a submission marked 'S.223 Submission on proposed Smoke Free Area Local Law (2021)' and addressed to City of Monash, PO Box 1, Glen Waverley Victoria 3150 or email:, attention Greg Talbot.

Submissions must contain your name, address and contact details. Please also state if you, or a person acting on your behalf, wish to speak at the Council meeting in support of your submission. Submitters wishing to speak to their submissions will be advised when the date is scheduled.

Submissions have now closed, as of 22 March 2021.

Privacy collection statement

Monash City Council is committed to protecting personal information provided by you in accordance with the principles of the Victorian Privacy & Data Protection Act 2014.

The information you provide will be used to assist Council staff to determine the community support for the draft Local Law.

Your contact details may be used by Council to update you on progress of the project.

You may access information you have provided to Council and make corrections if you believe that information is incorrect. For further information including Council’s information privacy policy, visit