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Western Australia Criticized for Lagging on Illicit Tobacco Legislation

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A public health expert has questioned Western Australia's delay in updating its laws regarding illicit tobacco, stating the state is significantly behind the rest of the country. The expert noted the visible increase in illegal tobacco stores across Perth and regional areas, linking the trade to organized crime networks nationally.

Current regulations in Western Australia, under the Tobacco Control Act 2006, task the Health Department with inspecting and penalizing stores selling illicit cigarettes and vapes. In 2025, approximately 904 inspections were conducted on tobacconists and convenience stores by WA Health, which authorities stated led to increased seizures of illicit tobacco. This number of inspections represents a decrease from 1,527 in 2023 and 1,226 in 2024.

Dr. Simon Chapman, an expert on illegal tobacco from the University of Sydney, expressed confusion regarding WA's legislative lag, particularly given its past leadership in tobacco control efforts alongside Victoria. He remarked on the stark difference compared to Queensland, New South Wales, and South Australia, where authorities possess immediate powers to close stores and impose substantial fines. In contrast, WA police and government officials lack these capabilities under existing laws. Dr. Chapman suggested WA could adopt legislation from other states by modifying existing texts.

Adam Hort, Western Australia's Shadow Police Minister, stated that the current laws provide insufficient deterrence for sellers of illicit tobacco. He highlighted that fines in other states are considerably higher, reaching "six, seven figures," while WA's are "minuscule." Mr. Hort acknowledged the time required for new legislation but suggested immediate changes, such as increasing penalties in the Tobacco Act, could be made. He cited the closure of 150 illegal tobacconists in Queensland over 10 days and 100 stores in South Australia as examples of effective action.

Health Minister Meredith Hammat indicated that WA Health compliance officers engaged in "larger and more complex investigations and inspections" in the past year. She noted that in 2025, WA Health confiscated four times the number of illegal cigarettes and nearly seven times the amount of illegal loose tobacco compared to the previous year. The government is committed to updating tobacco control legislation to protect residents and strengthen enforcement against the evolving illicit tobacco and vape trade. Ms. Hammat stated that the complex legislation is currently being drafted and will be introduced to parliament once ready.