Factsheet - tobacco vending machines

​This factsheet provides information on tobacco vending machines and requirements of tobacco vending machine operators.

Last updated: 06 August 2025

​​​​​​The Public Health (Tobacco) Act 2008 restricts tobacco vending machines to licensed venues restricted to over 18 years old. 


Tobacco retailers must ensure that tobacco vending machines comply with product display bans and are only activated by a staff member or by a token which is only available from a staff member.

What is a tobacco vending machine?

The Public Health (Tobacco) Act 2008  defines a tobacco vending machine​ as 'a machine, device or contrivance from which tobacco products or non​-tobacco smoking products can be obtained by an operation that involves inserting money, or a token or object, into the machine, device or contrivance, whether or not some other action is required to activate the machine'.   

Are tobacco vending machines part of tobacco retailing?

Yes. Vending machine owners, lessees and occupiers of premises on which there is a vending machine are tobacco retailers and have responsibilities under the Public Health (Tobacco) Act 2008.

How does the licensing scheme affect tobacco vending machines?

Liquor licensed hospitality venues that sell tobacco and non-tobacco smoking products via vending machine and/or over the counter need a retail tobacco licence.  One retail tobacco licence is required per liquor licensed hospitality venue. This licence permits tobacco to be sold by vending machine, over the counter, or both. 
 
As a tobacco retail licensee, hospitality venues must:
  • ensure that tobacco vending machines comply with product display bans,
  • restrict tobacco vending machine access to over 18s, and
  • ensure that vending machines are only activated by a staff member or by a token only available from a staff member.
A vending machine supplier requires a wholesale licence if they supply vending machines with tobacco or non-tobacco smoking products inside or alongside the machine.  
 
As a tobacco wholesale licensee, vending machine suppliers must:
  • ensure all tobacco sold is appropriately packaged with the required regulatory health warnings,
  • only sell tobacco products and non-tobacco smoking products to retailers or wholesalers with a valid tobacco licence.
The annual cost of a tobacco licence is $1100 per year for each retail premises and each wholesale business.  For more information see Tobacco licensing scheme.​
 

Where can tobacco vending machines be placed?

Vending machines can only be placed in a bar or gaming machine area of a hotel, club or casino restricted to over 18 years old. There are no exemptions for staff amenity areas.

How many tobacco vending machines are allowed?

Only one tobacco vending machine per licensed premises is allowed. Tobacco vending machines do not constitute a 'point of sale' under the Public Health (Tobacco) Act 2008. Therefore, licensed premises may sell tobacco products from one vending machine and may also sell tobacco products from one cash register. 

Do members of staff need to control the operation of tobacco vending machines?

The operation of tobacco vending machines must be controlled by members of staff. This means that only members of staff of the hotel, club or casino can control the operation of the vending machine by either of the following methods:

  • activation by remote control or some other means, or
  • supply of tobacco vending machine tokens.

Significant penalties apply for supplying tobacco vending machine tokens to minors and activating tobacco vending machines for minors.

How does the display ban affect tobacco vending machines?

Vending machine owners and lessees must ensure that:

  • tobacco products in a vending machine cannot be seen by members of the public, and
  • there is no information about or representations of tobacco products or packages displayed on the vending machine (except permissible information).

The only permissible information which may be displayed on a tobacco vending machine is:

  • any information, statement or symbol required by law to be displayed on the vending machine e.g. mandatory health warning signs, and
  • the name, description and price of the tobacco products for sale in the vending machine in letters or figures of not more than one centimetre in width and one centimetre in height.

What signage is required to be displayed on a tobacco vending machine?

Tobacco vending machine operators are required to display a health warning sign and a sales to minors sign on the front of tobacco vending machines.  Illustration​ on how to display a health warning and a sales to minors signs is in the Public Health (Tobacco) Regulation 2022​. See How to display the compulsory warning signs webpage for more information.
 

Where are signs available from?

Retailers can obtain signs free of charge by completing the retailer order form or by contacting  MOH-PopulationHealthResources@health.nsw.gov.au or by calling 1300 655 957.

Are occupiers of licensed premises liable for offences relating to vending machines?

Yes. Occupiers of licensed premises with tobacco vending machines will, along with the owner or lessee of a tobacco vending machine, be liable for breaking the law relating to tobacco vending machines.​

​Further information​

Visit Tobacco and Smoking Control in NSW or call the Tobacco Information Line on 1800 357 412. 
Current as at: Wednesday 6 August 2025
Contact page owner: Centre for Population Health