The Department of Health and Aged Care acknowledges the traditional owners of country throughout Australia, and their continuing connection to land, sea and community. We pay our respects to them and their cultures, and to elders both past and present. Show
On this page Tobacco control legislation reviewWe are currently reviewing our tobacco control laws. Find out more about our legislation review process. Advertising lawsThe Tobacco Advertising Prohibition Act 1992 bans any advertising in Australia that may encourage or persuade people to smoke or use tobacco products. Most state and territory governments also have laws that restrict tobacco sponsorships, point-of-sale advertising and the retail display of tobacco products. Find out more about advertising bans. Tobacco packaging lawsUnder the Tobacco Plain Packaging Act 2011, all tobacco products in Australia must be in plain packaging. This means that packaging must be in a certain colour and cannot display logos, brand images or promotional text. There are also restrictions on how brand names appear. Find out more about plain packaging. Under the Competition and Consumer (Tobacco) Information Standard 2011, all tobacco products must also display certain text and graphic health warnings. Find out more about the health warnings. Mandatory standard for reduced fire risk cigarettesAll cigarettes manufactured or imported into Australia must comply with the mandatory standard for reduced fire risk. The standard is set out in the Trade Practices (Consumer Product Safety Standard) (Reduced Fire Risk Cigarettes) Regulations 2008. TaxesThe Australian Government taxes tobacco products to make them less affordable through excise on tobacco products. The tobacco excise rate is indexed based on average weekly ordinary-time earnings (AWOTE). This helps to ensure that tobacco products do not become more affordable over time. The Treasury is responsible for excise tax policy in Australia. To find out more, go to pricing and taxation of tobacco products on the Tobacco in Australia website. Smoke-free lawsState and territory governments are mainly responsible for smoke-free laws in Australia. Smoke-free laws:
In all states and territories, it’s illegal to smoke in enclosed public places including:
There are differences in laws in each state and territory, including:
In all states and territories in Australia, it is also illegal to smoke in a car when a minor is inside. A minor is someone under the age of 16, 17 or 18 – it depends on the state or territory you are in. To find out more, visit the Youth Law Australia website and select the state you are in. Illicit tobaccoThe Australian Government has laws and measures in place to reduce the illicit tobacco trade. In August 2018 the Treasury Laws Amendment (Illicit Tobacco Offences) Act 2018 came into effect. Illicit tobacco manufacturers or producers face up to 10 years imprisonment and heavy fines if caught. In July 2018, the Illicit Tobacco Taskforce (ITTF) was set up to combat the illicit tobacco trade. E-cigarette lawsIn Australia, it is illegal to sell or buy nicotine for use in e-cigarettes, unless they are being supplied or accessed through a prescription. In most states and territories, it is also illegal to use e-cigarettes in places where smoking is illegal. Find out more about e-cigarette laws in your state or territory:
Other lawsDuty-free tobaccoThere is a limit to the amount of tobacco you can bring into Australia. For details, see duty-free concessions on the Australian Border Force website. Smokeless tobacco productsIt is illegal to commercially import or sell smokeless tobacco products in Australia – this includes oral snuff, tobacco paste and powder and chewing tobacco. Age limitsIt is illegal to sell or supply tobacco products to young people under the age of 18. In some states, the police can confiscate your cigarettes or other tobacco products if they think you are under 18. To find out more, visit the Youth Law Australia website and select the state you are in. Last updated: 11 August 2021 What policies were brought in by the government to deal with smoking?The main recommendations were: restriction of tobacco advertising; increased taxation on cigarettes; more restrictions on the sales of cigarettes to children, and smoking in public places; and more information on the tar/nicotine content of cigarettes. For the first time in a decade, cigarette sales fell.
What are two sets of legislation that govern Queensland's tobacco laws?Queensland's smoking laws are governed by the: Tobacco and Other Smoking Products Act 1998. Tobacco and Other Smoking Products Regulation 2021.
What are the laws surrounding tobacco in Australia?Age limits
It is illegal to sell or supply tobacco products to young people under the age of 18. In some states, the police can confiscate your cigarettes or other tobacco products if they think you are under 18. To find out more, visit the Youth Law Australia website and select the state you are in.
What are 3 strategies for preventing tobacco use?Strategies that comprise successful comprehensive tobacco control programs include mass media campaigns, higher tobacco prices, smoke-free laws and policies, evidence-based school programs, and sustained community-wide efforts.
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