Ruqayyah Snyder
While tobacco use in Australia is legal, its supply and consumption are subject to strict regulations. The Australian government has implemented various measures to reduce tobacco-related harm in the community, including excise tax on tobacco products, tobacco advertising bans, plain packaging laws, laws on smoking in public, and age limits on purchasing tobacco. The Public Health (Tobacco and Other Products) Act 2023, which came into effect on April 1, 2024, consolidated and replaced previous tobacco-related laws, aiming to modernise and simplify tobacco control. Despite these efforts, Australia continues to face challenges with an illegal tobacco trade, impacting government revenue and contributing to organised crime.
| Characteristics | Values |
|---|---|
| Legality of tobacco in Australia | Tobacco use in Australia is legal |
| Supply and consumption of tobacco | Subject to strict regulations |
| Advertising of tobacco | Prohibited |
| Retail laws | Regulate the advertising, promotion, and display of tobacco products |
| Smoking laws | Ban smoking in enclosed public places, workplaces, public transport, and areas where children are present |
| Tobacco products in prisons | Banned in all South Australian prisons as of 2019; banned in the Australian Capital Territory's only adult prison as of August 2023 |
| Tobacco taxes | Implemented to make tobacco products less affordable |
| Illicit tobacco trade | Estimated 479,781 kilograms of tobacco seized between 1 July 2018 and 31 January 2025, with a loss of $740 million in excise duty |
| Health warnings | Required on tobacco packaging and cigarette sticks |
| Plain packaging | Required for all tobacco products |
| Age restrictions | Tobacco products cannot be sold or supplied to persons under 18 years old |
| Smoking during pregnancy | 8.3% of mothers who gave birth in 2022 smoked during their pregnancy |
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What You'll Learn
Tobacco advertising is banned in Australia
While tobacco smoking is legal in Australia, its supply and consumption are subject to strict regulations. One such regulation is the prohibition of tobacco advertising.
The Australian Government has supported the tobacco industry through preferential tariffs since 1901 and, since 1955, more directly through a research body, the Central Tobacco Advisory Committee. By the middle of the twentieth century, the link between cigarette smoking and lung cancer was widely known and accepted. In 1965, the UK banned cigarette advertising on television, and the US made health warning labels compulsory on cigarette packets. In 1966, the Menzies government introduced a voluntary tobacco advertising code for television, which was strengthened and extended to radio in 1971.
In 1972, the McMahon government introduced mandatory health warnings for radio and television tobacco advertisements. The Whitlam government decided to phase out tobacco advertising in 1973. After a change in government in 1975, the Fraser ministry faced a decision on whether to implement or delay the total ban. Despite arguments from Post and Telecommunications Minister Eric Robinson that more time was needed to evaluate the issues, the Cabinet decided to continue with the ban, which came into effect on 1 September 1976.
In recent years, restrictions on tobacco advertising in Australia have expanded to ban advertising at the point of sale and include the introduction of plain packaging. The Public Health (Tobacco and Other Products) Act 2023 contains a prohibition on entering into tobacco sponsorships and bans all tobacco advertising and sponsorship. This Act also requires all tobacco products to be in plain packaging, which cannot display logos, brand images, or promotional text.
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Tobacco packaging laws
Tobacco use in Australia is legal, but its supply and consumption are subject to strict regulations.
Australia was the first country in the world to introduce plain tobacco packaging laws. Plain packaging laws were introduced to deter smoking by removing the positive associations of brands and to remove an advertising avenue for tobacco companies. The World Health Organization (WHO) applauded Australia's law on plain packaging, noting that "the legislation sets a new global standard for the control of a product that accounts for nearly 6 million deaths each year".
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. Tobacco products must also be packaged in standardised retail packaging. The appearance of all tobacco packs is standardised, including the colour of the pack. The packaging must also display certain text and graphic health warnings.
The Tobacco Product Regulation Act 1997, which was amended in 2019, increased penalties for breaches of legislation in South Australia. The Tobacco Act 1987 makes it illegal for tobacco retailers in Victoria to sell tobacco products to individuals under the age of 18.
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Tobacco taxes
Tobacco smoking has been the most common form of smoking in Australia, but the proportion of the population who smoke daily has declined significantly to single-digit rates as of 2023. The Australian government has implemented several measures to reduce tobacco-related harm in the community, including tobacco taxes.
The Australian government's efforts to reduce tobacco consumption through taxation have had some success. Smoking rates have declined in recent decades, with about 8% of Australians aged 14 and over still smoking daily as of 2023, down from almost 20% in 2001. However, the high tax rates have also inadvertently encouraged black markets, criminality, and organised crime, with the rise of illicit tobacco trade causing a loss in excise revenue for the government.
The Australian Taxation Office reported that there were 177 seizures of illicit tobacco between July 1, 2018, and January 31, 2025, amounting to 479,781 kilograms of tobacco worth an estimated excise duty of $740 million. The lost excise revenue from illicit tobacco in 2022-23 was estimated at $2.7 billion, accounting for 14.3% of the collectable tobacco excise. The government has taken measures to combat the illicit tobacco trade, including establishing the Illicit Tobacco and E-cigarette Commissioner within the Australian Border Force under the Public Health (Tobacco and Other Products) Act 2023.
In addition to excise duties, the Australian government also imposes customs duties on imported tobacco products. These customs duties are paid at the time the products arrive at the Australian border. However, it is important to note that there is currently no legal tobacco manufacture occurring in Australia.
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Underage tobacco access
Tobacco use in Australia is legal, but its supply and consumption are subject to strict regulations. These include excise tax on tobacco products, tobacco advertising bans, plain packaging laws, laws on smoking in public, and age limits on who can buy tobacco.
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. The Act also requires all tobacco products to display certain text and graphic health warnings.
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 Border Force under the Public Health (Tobacco and Other Products) Act 2023. The Act restricts advertising and promotion of e-cigarettes, similarly to the restrictions that apply to tobacco advertising and promotion.
In Australia, it is illegal to sell or supply tobacco products to people under the age of 18. The Tobacco Act 1987, for example, makes it illegal for tobacco retailers in Victoria to sell tobacco products to individuals under the age of 18. The Tobacco Products Control Act (2006) also prohibits the sale and supply of cigarettes to minors. However, underage individuals still manage to access tobacco products through various means. A 1996 study found that 35% of males and 40% of females aged 12-17 obtained cigarettes through their friends, while 45% of females and 55% of males in the same age category purchased their own cigarettes. Other sources include vending machines, adults, older children, and single cigarettes.
To address the issue of underage access to tobacco, Australia has developed policies, procedural guidelines, and protocols to outline recommended processes for the selection, training, and recruitment of young people in compliance monitoring. In addition, the National Tobacco Policy Officers Group and the National Expert Advisory Committee on Tobacco have collaborated to develop a National Approach for Reducing Young People's Access to Tobacco. This approach recognises the importance of building on past achievements, adapting initiatives to the differing environments of the states and territories, enhancing coordination and partnerships between states and territories, and ensuring a comprehensive evaluation process.
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Tobacco smoking in public places
Tobacco smoking in Australia is legal, but its supply and consumption are subject to strict regulations. While tobacco smoking has been the most common form of smoking in Australia, the proportion of the population who smoke daily has declined significantly to single-digit rates as of 2023.
Smoking Bans in Public Places
The Australian government has implemented smoking bans in various public places to protect public health and reduce the harm caused by tobacco use. These bans include:
- Enclosed public places: Smoking is prohibited in enclosed public areas, including workplaces, restaurants, bars, and clubs. Some states have specific definitions of "enclosed" spaces, considering the percentage of ceiling and wall surfaces covered.
- Public transport: Smoking is banned in areas of public transport, including airports, train stations, raised platform tram stops, and covered waiting areas for buses, trams, trains, and taxis.
- Outdoor dining and playgrounds: Smoking is not allowed in outdoor dining areas and within a certain distance of children's playgrounds and swimming pools.
- Prisons: Smoking has been banned in prisons in several states, including South Australia and the Australian Capital Territory.
- Vehicles with children: All states and territories have banned smoking in vehicles when minors are present, with varying age definitions across states.
Tobacco Control Measures
In addition to smoking bans, Australia has implemented other tobacco control measures:
- Plain packaging: Tobacco products must be in plain packaging without logos, brand images, or promotional text.
- Health warnings: Tobacco products must display text and graphic health warnings.
- Age restrictions: It is illegal to sell or supply tobacco products to individuals under the age of 18, and police in some states can confiscate tobacco products from minors.
- Taxation: The government taxes tobacco products to make them less affordable, and these taxes are regularly reviewed and adjusted.
- Advertising restrictions: The advertising of tobacco products is prohibited, including at the point of sale.
- Illicit tobacco trade: The Australian Border Force includes an Illicit Tobacco and E-cigarette Commissioner to address the illegal tobacco trade.
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Frequently asked questions
No, tobacco use in Australia is legal. However, its supply and consumption are subject to strict regulations.
The Australian government has implemented various measures to reduce tobacco-related harm, including excise tax on tobacco products, tobacco advertising bans, plain packaging laws, laws on smoking in public, and age limits on who can buy tobacco.
Smoking tobacco is banned in many public places in Australia, including enclosed public places, workplaces, public transport areas, and near children's play equipment and swimming pools.
No, it is illegal to sell or supply tobacco products to individuals under the age of 18 in Australia. However, there is no legal age limit to use tobacco products.
Yes, there is an illegal tobacco trade in Australia, which has led to an increase in crime and competition among criminal groups. The Australian government has implemented measures to reduce this illicit trade, including establishing the Illicit Tobacco and E-cigarette Commissioner within the Australian Border Force.
