Smoking and the Law

Please enter an image description.

Below is a guide to some of the many laws that protect Australians from the harms of smoking. For more detailed legal information you can review the Tobacco Products Control Act 2006

  1. It is illegal to smoke:
    • in enclosed public places (such as shopping centres, hospitals, cinemas, theatres, pubs, clubs, restaurants)
    • in outdoor eating areas, unless in a designated smoking area in a liquor licensed premises
    • between the flags at patrolled beaches
    • in taxis, on buses and other public transport, with or without passengers present
    • in vehicles carrying children under age 17
    • near playground equipment
    • on domestic flights and international flights operated by Australian airlines
  1. It is illegal to sell goods that look like cigarettes/cigars or in packaging that resembles a cigarette/cigar package. That means the following cannot be legally sold in WA:
    • candy or chocolate cigars or cigarettes
    • mints/lollies in a packet that looks like a cigarette packet cigarette lighters that look like cigarettes
    • e-cigarettes (it is also illegal to sell nicotine cartridges for e-cigarettes)
  1. It is illegal to sell cigarettes that are not sold in plain packaging
  2. It is illegal for a retailer to display tobacco products, which means the display case doors must be shut at all times unless reasonably open to serve customers or to re-stock shelves and no cigarettes can be out on display. There is a limited exception in WA for ‘specialist’ tobacconists, which allows them to have a small display.
  3.  It is illegal for a retailer to sell individual cigarettes or split packs. Each cigarette packet must contain at least 20 cigarettes.
  4. It is illegal to promote or advertise cigarette sales, smoking, tobacco products or price discounts or to promote a tobacco product or smoking generally – even under a sponsorship agreement.
  5. It is illegal to give free samples, run competitions or award gifts and prizes for selling or promoting smoking and/or tobacco products, including a voucher, coupon, ticket or a chance for a prize–even if the item has no monetary value.

To report a suspected breach, you should contact the Department of Health Tobacco Control branch