Western Australia Takes Strong Stance Against Illicit Tobacco Trade Amid Rising Violence
Western Australia is implementing new measures to address the rise in illicit tobacco sales and associated violence, including drafting legislation to allow store closures and significantly increase penalties. The state government has formed a taskforce within the Department of Health, led by a senior police officer, and allocated $5 million to expand its Tobacco Compliance Unit.
This initiative follows growing concerns over organized crime links, violent incidents such as arson and shootings, and criticism that WA's existing laws lag behind other Australian states which already possess powers to immediately close illicit tobacco outlets.
Rise of Illicit Tobacco Trade and Associated Violence
The illicit tobacco trade in Western Australia, as well as nationally, has seen a marked increase. This surge is primarily driven by consumer demand for cheaper cigarettes, a direct response to high government taxes on legal tobacco products.
Organized crime syndicates are reportedly capitalizing on this demand, generating substantial profits from a market estimated to be worth billions of dollars annually nationwide. The fierce competition for these profits has been directly linked to a rise in violent incidents across Western Australia. These include arson attacks, fire bombings, and drive-by shootings targeting stores suspected of selling illegal tobacco and vapes.
These violent incidents have not been confined to Perth; they have also affected regional areas, including the Wheatbelt towns of York and Northam, and Geraldton. In York, a convenience store linked to illegal tobacco trading experienced multiple attacks, including a fire, within a month of opening its doors.
Criminal syndicates are reportedly utilizing counterfeit plain packaging, manufactured internationally, to introduce illicit tobacco into the market. This practice makes illegal products appear legitimate, allowing for cheaper, untaxed tobacco to be sold and bypassing existing regulatory frameworks.
Western Australia's Legislative Framework and Enforcement Response
Under the existing Tobacco Control Act 2006, Western Australia's Health Department is responsible for inspecting and penalizing stores involved in illicit tobacco sales. In 2025, WA Health conducted 904 inspections of tobacconists and convenience stores. This number represents a decrease from 1,527 inspections in 2023 and 1,226 in 2024.
Despite the decrease in inspections, health authorities have reported an increase in seizures of illicit tobacco during this period, attributing this to "larger and more complex investigations."
However, public health experts and state opposition figures have criticized Western Australia for its legislative lag compared to other states. Under current WA laws, police and government officials lack immediate powers to close stores selling illicit tobacco, and fines have been described as "minuscule" when compared to other jurisdictions.
In response to these growing concerns, the Western Australian government has announced a series of robust measures:
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New Legislation: The government is drafting amendments to the Tobacco Products Control Act. This will grant authorities the power to immediately close stores selling illicit products for up to 90 days, with further changes planned to allow closures for up to a year. The proposed legislation also seeks to significantly increase maximum penalties for possessing commercial quantities of illicit tobacco or vaping products to 15 years' imprisonment. Fines are proposed to be lifted to $4.2 million for individuals and $21 million for companies, a significant increase from current maximums of $20,000 and $80,000, respectively. This legislation aims to align WA with the powers held by authorities in Queensland, New South Wales, and South Australia.
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Taskforce Formation: A dedicated taskforce has been established within the Department of Health to enhance enforcement efforts. Senior WA Police officer Steve Post was appointed to lead this team as the 'illicit tobacco tzar'. The taskforce is planned to include retired and current police officers, fostering increased collaboration between WA Police and Health.
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Increased Resources: The WA government will allocate $5 million to expand the 'Tobacco Compliance Unit' workforce, aiming for an initial increase to 40 full-time equivalent staff.
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Enforcement Actions: Recent enforcement efforts have included raids on storage units and retail outlets. A raid on a Bayswater storage unit resulted in the largest single seizure of illegal tobacco in Western Australian history, comprising over 3.9 million cigarettes, 3,900 vapes, and 288 kilograms of loose tobacco, with an estimated retail value of $4.5 million. Three individuals, including two teenagers, were charged in connection with an alleged plot to attack a Rockingham tobacco store linked to this investigation. In Albany, two employees of an illegal tobacco outlet were fined $1,000 each for selling tobacco without a license and unlawfully possessing a prescription drug.
The WA Police Union has expressed concerns regarding the redeployment of front-line officers to the new taskforce, citing existing vacancies in police stations.
National Context: State-Level Responses and Challenges
Other Australian states have implemented or are proposing stringent measures to combat the illicit tobacco trade:
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Queensland, New South Wales, and South Australia: These states currently possess laws that grant authorities immediate powers to close down stores engaged in illicit tobacco sales and impose substantial fines.
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Victoria: A new $46 million tobacco licensing scheme commenced on February 1. The regulator, Tobacco Licensing Victoria (TLV), has received over 4,000 license applications. The scheme allows for fines up to $366,318 for individuals or $1.8 million for businesses selling illicit products, and up to $170,948 for individuals or $854,000 for businesses operating without a license, alongside potential jail sentences. TLV is authorized to suspend/cancel licenses, seize illicit tobacco, and initiate court proceedings. However, concerns have been raised regarding the scheme's implementation, including a low number of inspectors (14 statewide) and a lack of powers for inspectors to close shops directly or act against stores selling illegal vaping products. The illicit market in Victoria has been linked to over 120 firebombings.
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Tasmania: The Tasmanian government has introduced draft legislation, the Public Health Amendment (Prohibited Tobacco and Other Products) Bill 2026, proposing temporary store closures for up to 90 days and fines exceeding $3 million for repeat corporate offenders. Recent joint operations resulted in seizures valued at $3.2 million. Retail groups have expressed support for the proposed laws, citing negative impacts of the illegal trade on legitimate businesses, but have also called for additional measures such as allowing landlords to terminate leases and for the federal government to consider pausing tobacco excise increases.
Public Health Perspective and Demand-Side Issues
While new legislation in Western Australia and other states primarily focuses on the supply side of the illegal tobacco trade, public health experts highlight the demand side of the issue.
Professor Lisa Wood from Notre Dame University and Dr. Ramya Raman, Chair of the Royal Australian College of General Practitioners WA, have noted the persistence of smoking rates among specific demographics. This includes individuals with mental health concerns, those on low incomes, and young people experiencing nicotine addiction.
They advocate for increased government support for individuals attempting to quit, including counseling and more accessible and subsidized smoking cessation products. The federal Health Department confirmed subsidies for nicotine patches and some pills through the Pharmaceutical Benefits Scheme.
Western Australia's Preventative Health Minister is developing the state's first Preventative Health Strategy, expressing openness to suggestions for enhancing support for behavior change. Shadow Health Minister Libby Mettam has cited an increase in "tobacco-attributable hospitalizations" in WA, particularly a faster growth rate among Indigenous Western Australians. Premier Roger Cook emphasized that current actions are crucial to prevent new generations from smoking and maintain low smoking rates.