Damon Mcknight
Tobacco is a sturdy plant that can be grown at home, but there are legal considerations to be aware of in Australia. It is illegal to grow tobacco in Australia without a valid excise licence from the Australian Taxation Office (ATO). Applicants for an excise licence must meet strict requirements and conditions, and the Australian government takes the illegal trade of tobacco very seriously. However, some tobacco growing and supply arrangements have been authorised in Victoria, with the Tobacco Co-operative of Victoria (TCV) negotiating terms and conditions with domestic cigarette manufacturers.
| Characteristics | Values |
|---|---|
| Legality | Illegal unless you have a valid excise licence from the Australian Taxation Office (ATO) |
| Licence Requirements | Applicants must adhere to strict requirements and conditions |
| Licence Purpose | Regulating tobacco production and supply in Australia, collecting revenue from the tobacco industry, and minimising tax avoidance and criminal activity |
| Illicit Tobacco | Includes unlicensed production of tobacco plants/leaves and manufacture of tobacco products (e.g., cigarettes, cigars, loose tobacco) |
| Enforcement | Illicit tobacco trade is treated seriously, with the Commonwealth Director of Public Prosecutions prosecuting offenders; the Illicit Tobacco Taskforce (ITTF) investigates and seizes illicit tobacco |
| Personal Cultivation | Easy to grow tobacco at home or in a garden; requires cell trays with potting soil, seeds spread on a white sheet, and bottom watering |
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What You'll Learn
Getting a licence to grow tobacco in Australia
It is illegal to grow tobacco in Australia without an appropriate excise licence. The Australian government has introduced strict laws that limit all tobacco growing, even for personal use. This is because the illicit tobacco trade robs the community of important funding due to the taxation of the products.
To obtain a licence to grow tobacco in Australia, you must first apply for an Excise – Producers Licence from the Australian Taxation Office (ATO). The ATO will assess your application based on the safety of the crops, the market, and the protection of revenue. Licences to grow tobacco in Australia are rarely granted, and there are currently no licences for personal or commercial tobacco growing in the country. If you intend to sell your tobacco to a licensed manufacturer, you will also need to obtain a dealer's licence.
Once you receive your licence from the ATO, you must register as a grower with the Australian Government Department of Agriculture, Water and the Environment (DAWE), which is responsible for environmental regulation. You will then need to follow their guidelines for cultivation.
It is important to note that the importation and sale of tobacco are a significant source of revenue for the Commonwealth government, and the illicit tobacco trade is treated very seriously. Those found guilty of illegal tobacco cultivation or trading may face substantial penalties, including severe financial penalties and potential imprisonment.
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Preparing the soil and seeds
To grow tobacco in Australia, you must first obtain a valid excise licence from the Australian Taxation Office (ATO). This is a strict requirement, as tobacco grown without this licence is considered illicit.
Once you have obtained the necessary licence, you can begin preparing the soil and seeds. Start by purchasing a cell tray with drainage holes at the bottom of each cell to prevent waterlogging. Fill the cells with nutrient-rich potting soil, tapping it gently to remove any air pockets. Tobacco seeds are extremely small, so spread them onto a white sheet of paper to keep track of them easily. Then, gently press a group of seeds onto your fingertip and tap them onto the soil.
After seeding, place the cell tray in a container with 1/2 inch (13 mm) of water. This bottom watering technique promotes downward root growth as the seeds germinate. Cover the seeds with aluminium foil to block the light and place the tray in a warm location. Tobacco seeds usually germinate within 3 to 4 days. Keep the soil moist and remove the foil once sprouts appear.
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Promoting root growth
Tobacco is a nutrient-hungry plant that requires adequate spacing for root expansion and foliar growth. The roots of tobacco plants are sensitive to over-fertilisation, which can cause damaging salt accumulation and root burn. Therefore, it is important to use a low-chlorine fertiliser containing nitrogen in nitrate form and to fertilise sparingly.
To promote root growth, one effective method is to use biochar, which has been shown in field experiments to increase root vigour, total root tip number, and total root absorption area. This, in turn, promotes good photosynthetic physiological performance and chlorophyll synthesis. The application of biochar also reduces the concentration of carbon dioxide between cells and increases the net photosynthesis rate, transpiration rate, stomatal conductance, and leaf area coefficients.
Another way to promote root growth is to ensure adequate water management. Waterlogging for over 48 hours can cause severe damage to the roots or even result in plant death. Therefore, it is important to maintain consistent, moderate irrigation and ensure that the soil is well-drained. Commercial tobacco growers often use drip irrigation systems, which deliver water directly to the root zone, minimising waste and preventing oversaturation.
Bottom watering is another technique that can be used to promote downward root growth. This involves placing the cell tray in a container with 1/2 inch (13 mm) of water, allowing the water to come up through the drainage holes at the bottom of each cell. This method ensures that the seeds are not waterlogged as they germinate and helps promote root growth.
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Germination
Tobacco seeds are small and fragile, so they should be handled with care. The seeds should be planted indoors in germination trays filled with fine, moist soil. The soil should be consistently moist, and the environment should be warm to support the seedlings' growth. A germination tray with a lid is recommended, and you can use a heat mat or a heated germination box to maintain the warmth. Alternatively, if there is sufficient sunlight, you can place the trays on a windowsill.
Tobacco seeds should be planted shallowly, and you can use your finger to gently press them into the soil. Cover the seeds with a light sprinkling of soil, and then use a spray bottle to dampen the soil. You can cover the tray with foil to retain moisture until the seeds sprout. It typically takes between three days and two weeks for tobacco seeds to germinate, depending on the strain and freshness of the seeds. To speed up germination, keep the seeds in the dark until they sprout, and then move them into the light.
Once the seeds have sprouted, remove the foil and put the lid on the tray. Place the tray in a sunny spot, preferably a windowsill, to ensure the seedlings receive adequate sunlight. Within a few days, you should notice small leaves forming. At this stage, you can begin to thin out the seedlings, aiming for one seedling per compartment. Use tweezers to remove any seedlings that are not straight or centred. Leave around five seedlings in each compartment, well-spaced apart, to give yourself options later when selecting which plants to keep.
When the seedlings are more mature, remove all but one seedling per compartment, selecting the straightest and most centred plant. Continue to care for the remaining seedlings, ensuring they receive adequate water and sunlight. After 8–10 weeks, when the seedlings reach a height of approximately 6 inches (15 cm), they will be ready to be transplanted outdoors.
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Legal consequences of growing tobacco without a licence
While growing tobacco for personal use is not explicitly illegal in Australia, it is illegal to grow tobacco without an excise licence. Tobacco is considered illicit when it is grown, manufactured, or produced in Australia without a valid excise licence. It is also deemed illicit if tobacco is imported domestically without paying customs duty.
The Australian government takes the illicit tobacco trade very seriously as it significantly deprives the community of vital funding for essential services such as health, education, transport, and infrastructure. The Commonwealth Director of Public Prosecutions will prosecute anyone who illegally trades in tobacco.
Those found guilty of illicit tobacco cultivation and trading may face substantial penalties, including severe financial penalties and potential imprisonment. There are severe penalties for breaching customs and excise duties payable on tobacco, including civil penalties for possession of more than 2 kilograms of illicit tobacco.
The ATO uses a range of investigative and legislative approaches to disrupt illicit tobacco activity. They conduct audits, identify and destroy illicit crops, and bring civil and criminal consequences against those who engage in illicit tobacco.
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Frequently asked questions
Growing tobacco in Australia is illegal unless you have a valid excise licence from the Australian Taxation Office (ATO).
Applicants for an excise licence must adhere to strict requirements and conditions. The licence and duty are integral to regulating tobacco production and supply in Australia and collecting revenue from the tobacco industry.
Illegal tobacco cultivation and trading in illegal tobacco products can have significant legal and personal consequences. Those found guilty may face substantial penalties, including severe financial penalties.
Tobacco seeds are among the tiniest seeds available, so they should be spread on a white sheet of paper to be easily controlled. Then, gently tap a group of seeds onto the tip of your finger and place them in a cell tray with potting soil. The seeds should be covered with aluminium foil and kept in a warm place for 3 to 4 days to germinate.
