Tobacco control legislation review
On 1 April 2024 the Public Health (Tobacco and Other Products) Act 2023 (the Act) and Public Health (Tobacco and Other Products) Regulations 2024 (the Regulations) came into effect. These laws consolidated and replaced tobacco related laws and instruments, including the Tobacco Advertising Prohibition Act 1992, Tobacco Plain Packaging Act 2011 and their Regulations, and the Competition and Consumer (Tobacco) Information Standard 2011.
The full text of the Act and the Regulations are available from the Federal Register of Legislation at www.legislation.gov.au. The department has published guidance material to assist with identifying and understanding key requirements under the new legislation, including transition periods for manufacturers, importers, and retailers of tobacco products.
Advertising laws
The Public Health (Tobacco and Other Products) Act 2023 bans the advertising and promotion of regulated tobacco items with certain exceptions. 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 laws
Under the Public Health (Tobacco and Other Products) Act 2023, 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 Public Health (Tobacco and Other Products) Act 2023, 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 cigarettes
All cigarettes manufactured or imported into Australia must comply with the mandatory standard for reduced fire risk as required under the Public Health (Tobacco and Other Products) Regulations) 2024
Taxes
The 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 laws
State and territory governments are mainly responsible for smoke-free laws in Australia. Smoke-free laws:
- protect people from second-hand smoke,
- encourage people to quit smoking
- help to de-normalise smoking in the community.
In all states and territories, it’s illegal to smoke in enclosed public places including:
- public transport such as trains, planes and buses
- office buildings
- shopping malls
- schools
- cinemas
- airports.
There are differences in laws in each state and territory, including:
- how exemptions are given
- laws on smoking in outdoor areas.
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, depending 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 tobacco
Tobacco products are illegal when taxes have not been paid, whether that be through:
- the illegal growing of domestic crops
- tobacco that has been smuggled into the country from overseas.
The Australian Government has laws and measures in place to reduce the illicit tobacco trade, including the establishment of the Illicit Tobacco and E-cigarette Commissioner within the Australian Boder Force under the Public Health (Tobacco and Other Products) Act 2023
Illicit tobacco manufacturers, importers and suppliers, or those found in possession of illicit tobacco, can face up to 10 years imprisonment and heavy fines if caught.
Enforcement of illicit tobacco legislation is a shared responsibility between Australian Government and state and territory government law enforcement agencies.
In July 2018, the Illicit Tobacco Taskforce (ITTF) was set up to combat the illicit tobacco trade.
Other laws
E-cigarette laws
Find out about vaping and e-cigarette laws in Australia.
You can also find out more about the Government’s reforms and regulations regarding e-cigarettes on the Therapeutic Goods Administration website.
The Public Health (Tobacco and Other Products) Act 2023 restricts advertising and promotion of e-cigarettes. This is similar to the restrictions that apply to tobacco advertising and promotion.
Duty-free tobacco
There 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 products
From 1 April 2024, the Department of Health and Aged Care became responsible for administering and enforcing the Public Health (Tobacco and Other Products) Act 2023. This includes the ban on smokeless tobacco products.
Age limits
It is illegal to sell or supply tobacco products to 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.